Terms of Service

All goods, services, and activities of Familiography and the participation of Users in Familography are subject to the requirements of state and federal law and the terms and conditions of the completed subscription to service completed by each User.

Terms

By accessing Familiography’s website at https://www.familiography.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

This site and the materials herein are directed only to persons in the United States where Familiography is authorized for operation.

Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Familiography’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Familiography’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Familiography at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

1. The materials on Familiography’s website are provided on an ‘as is’ basis. Familiography makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, Familiography does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Familiography or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Familiography’s website, even if Familiography or a Familiography authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on Familiography’s website could include technical, typographical, or photographic errors. Familiography does not warrant that any of the materials on its website are accurate, complete or current. Familiography may make changes to the materials contained on its website at any time without notice. However Familiography does not make any commitment to update the materials.

Links

Familiography has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Familiography of the site. Use of any such linked website is at the user’s own risk.

Modifications

Familiography may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. Familiography further reserves the right to modify the business model, including price adjustments for new and existing customers, of Familiography at any time, subject to the provisions of the applicable terms and conditions and state and federal law.

Content Submission Agreement

This Content Submission Agreement (“Agreement”) shall confirm certain of your rights and responsibilities. By uploading any data or information, or posting or submitting any content to Familiography (“User Content”), you certify, represent and acknowledge that you wholly own the User Content or have the sole and exclusive right to permit Familiography and its parents, members, managers, directors, shareholders, partners, representatives, subsidiaries, affiliates, sponsors, successors, assigns, heirs and licensees (collectively, “Familiography”) to use, edit, publish and otherwise utilize your User Content and your name in connection with your User Content without any obligation or liability to you or any other party whatsoever. You shall be solely responsible for your User Content and the consequences of submitting and publishing your User Content. When you provide us with your User Content, you give Familiography a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable (through multiple tiers) right and license to exercise any and all copyright, trademark, publicity and database rights that you have in the User Content in any and all formats or media now known or hereafter devised in the future. You further hereby grant to Familiography the non-exclusive, irrevocable and unconditional right and license to describe, relate, broadcast, exhibit, transmit, publish, use, monetize, distribute and/or utilize your User Content in any such manner as Familiography shall elect, in whole or in part, on the internet, in print and electronic form, in merchandising, publicity and advertising, or in any other media now known or hereafter created or devised throughout the universe in perpetuity. For the avoidance of doubt, this shall include, without limitation, the right to submit and license (and sublicense) your User Content to third-parties including, but not limited to, television broadcast networks, cable stations, pay, pay-per-view, satellite or free television networks, television syndicators, home video distributors, podcast/mobisode distributors, or any other third-party distributor (“Third Parties”) for the further utilization of your User Content in any format or media, including the development of a possible television and/or other audiovisual production. You agree that Familiography and the Third Parties shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, duplicate, translate, reformat and/or reprocess your User Content in any manner Familiography or the Third Parties may in their sole discretion determine and to use it as Familiography or the Third Parties in their sole discretion may determine and to make derivative works of the same, in whole or in part, without notifying you and without obligation to you. You waive any right to inspect or approve the final display or other utilization of your User Content now or in the future, whether that use is known to you or unknown, and you waive any right to royalties or any other compensation arising from or related to the use of your User Content. You shall be solely responsible for your own User Content and the consequences of posting or publishing the same. In connection with your User Content, you affirm, represent, and/or warrant that: (i) you are over 18 years of age, or are an emancipated minor, or possess legal parental or guardian consent and that you have the right and ability to enter into this Agreement and agree to the terms stated herein; (ii) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Familiography to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by Familiography and these terms of use, without the consent of any third parties; (iii) you have not exclusively granted or assigned or otherwise transferred the rights in and to your User Content to any third parties; (iv) there are no claims, litigation, or other proceedings pending or threatened which could in any way impair, limit or diminish the rights in and to the User Content granted hereunder; (v) if any minors appear in the User Content, I am the mother, father or duly appointed guardian of such minors or have the irrevocable permission of the parents or duly appointed guardian(s) of such minor(s) to grant the rights in and to the User Content set forth herein; (vi) you are granting the rights in and to the User Content granted hereunder with the knowledge and understanding that Familiography or the Third Parties may incur substantial expense in reliance thereon; and (vii) uploading or posting User Content shall constitute my signature and acceptance of this Agreement and these terms and have the same effect as if you had signed such an Agreement containing these terms and, upon request, you agree to sign a non-electronic version of this Agreement containing these terms and, until such time, a printed version of this Agreement shall be admissible in judicial, administrative or arbitration proceedings based upon or relating to this Agreement and these terms to the same extent and subject to the same terms and conditions as other business documents and records originally generated and maintained in printed form. Familiography does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Familiography expressly disclaims any and all liability in connection with User Content. You understand and acknowledge that Familiography does not guarantee any confidentiality with respect to any of your User Content. Familiography does not permit copyright infringing activities and infringement of intellectual property rights on any of its websites, and Familiography will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. Familiography reserves the right to remove User Content in its sole discretion and without prior notice to you, and without any refund or other compensation. IN NO EVENT SHALL FAMILIOGRAPHY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR SUBMISSION OF USER CONTENT TO FAMILIOGRAPHY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FAMILIOGRAPHY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Familiography, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Familiography; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive your use of Familiography. 

Digital Millennium Copyright Act (“DMCA”) Policy

Familiography respects the intellectual property rights of others. Per the DMCA, Familiography will respond expeditiously to claims of copyright infringement on the Site if submitted to Familiography’s Agent as described below. Upon receipt of a notice alleging copyright infringement, Familiography will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing User Content and termination of access for repeat infringers of copyright protected content. If you believe that your intellectual property rights have been violated by Familiography or by a third party who has User Content to our website, please provide the following information to the designated Agent listed below: 

• A description of the copyrighted work or other intellectual property that you claim has been infringed; 
• A description of where the material that you claim is infringing is located on the Site; 
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Familiography, can contact you; 
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law; 
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; 
• Your electronic or physical signature.

Familiography may request additional information before removing any allegedly infringing material. In the event Familiography removes the allegedly infringing User Content, Familiography will immediately notify the person responsible for posting such User Content that Familiography removed or disabled access to the User Content. Familiography may also provide the responsible person with your email address so that the person may respond to your allegations. 

Pursuant to 17 U.S.C. 512(c). Familiography’s designated Agent is: 

• Agent Name: Norris C. Williams
• Contact Email Address: [email protected] 

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Indiana and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Familiography is an internet-based business. All activities of Familiography and the participation of Users in Familiography are subject to the requirements of state and federal law.