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| "There’s no better place to stay connected with family and friends"
-Turner Family |
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| eFamilyWorld.com
Terms of Service |
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| Your
Registration and User Account |
| The
registration information that you provide to eFamilyWorld.com is considered
personal and private between you and eFamilyWorld.com, and is governed
by the eFamilyWorld.com Privacy Policy. All user accounts are subject
to and governed by the following rules: |
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- eFamilyWorld.com
use is limited to individuals age 18 and over. If a guardian or
parent wishes to permit access of a person under 18, and under
user’s supervision, to use this site, he or she should email
XXXX@eFamilyWorld.com.com with his or her acceptance and explicit
permission of full legal responsibility for the minor to do so.
If you are not yet 18, please exit now as you are not of legal
age to enter an agreement that would enable you to use this site.
- You
agree to bear sole responsibility for the confidentiality of your
password and for all use of your account. To protect your privacy,
eFamilyWorld.com may change access or suspend access to your account
immediately upon notification by you that your password has been
lost, stolen or otherwise compromised, or upon discovery that
your account has been accessed by an unauthorized person.
- You
agree to provide an email address that is current and accurate.
At its sole discretion, eFamilyWorld.com may suspend any account that
is found to contain an invalid email address.
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| As
a condition of service, all active accounts of eFamilyWorld.com are required
to receive important and routine "service" announcements,
via email, from eFamilyWorld.com. Service email from eFamilyWorld.com may
not be considered blacklisted, "spam" or blocked on any
Internet blocklist service. |
| By
using eFamilyWorld.com or by clicking “I agree” to this Terms
of Service, you signify your agreement to these terms and conditions.
If you do not agree to this Terms of Service please do not use this
site and do not click “I agree”. Please check this Terms
of Service periodically for changes as the owner of this site (“eFamilyWorld.com
INC”) reserves the right to revise this Terms of Service and
your continued use of this site following the posting of any changes
to the Agreement constitutes acceptance of such changes. |
| eFamilyWorld.com
reserves the right to terminate a User’s use of this site at
any time without notice and may do so for any breach of this Terms
of Service or the instructions on this site by User. This Agreement
applies to licensors and advertisers as well. |
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| LICENSE
TO USE THIS SITE |
| Upon
your acceptance of this Agreement, eFamilyWorld.com hereby grants you
a non-exclusive, non-transferable limited license to use this site
in strict accordance with the terms and conditions in this Terms of
Service and as permitted via instructions on this site. You agree
not to make any false or fraudulent statements in your use of or to
gain access to this site. You acknowledge and agree that all content
and services available on this site are property of eFamilyWorld.com and
its advertisers and licensors and are protected by copyrights, moral
rights, trademarks, service marks, patents, trade secrets, and other
proprietary rights and laws, in the U.S. and internationally. All
rights not expressly granted herein are fully reserved by eFamilyWorld.com,
its advertisers and licensors. You agree to pay for any and all purchases
and services made using your name and credit card through this Site,
not to challenge any such charges and to pay for all collections and/or
attorneys fees resulting from any non-payment. |
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| LICENSE
RESTRICTIONS |
| Except
as may be explicitly permitted through this site, you agree not to
save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from materials,
code or content on or from eFamilyWorld.com.com. Systematic retrieval
of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
written permission from eFamilyWorld.com is prohibited. In addition, use
of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited. |
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| You
agree that if you are issued a Username and Password by eFamilyWorld.com,
you shall use your best efforts to prevent access to this site through
your Username and Password by anyone other than yourself, including
but not limited to, keeping such information strictly confidential,
notifying the eFamilyWorld.com immediately if you discover loss or access
to such information by another party not under your control and supervision,
and by using a Username and Password not easily guessed by a third
party. |
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You
agree that you shall not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this
site. You understand that such actions are likely to subject you to
serious civil and criminal legal penalties and that eFamilyWorld.com shall
pursue such penalties to the full extent of the law to protect its
rights and the rights of its other licensors.
Rules of Online Behavior |
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| eFamilyWorld.com
does not screen or edit messages posted in message boards, comments
made in chat rooms, or any other user-created content. However, eFamilyWorld.com
reserves the right to monitor said content and to remove any objectionable
material at any time, in our sole discretion. By participating in
message boards, chat rooms, or any other services provided by eFamilyWorld.com,
you acknowledge that you may encounter material that you find offensive.
eFamilyWorld.com disclaims any responsibility for said material. |
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By participating in any service of eFamilyWorld.com, you agree not
to:
- attach
files to messages that contain viruses, corrupted files, or
any other similar software or programs that may adversely
affect the operation of another's computer.
- participate
in such a way as to undermine the operation of eFamilyWorld.com,
a forum, chat room or other eFamilyWorld.com s' service.
- use
a message board, chat room, or other service to harass others.
-
use eFamilyWorld.com to disseminate any inappropriate, defamatory,
libelous, threatening, infringing, obscene, or unlawful material
or information.
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violate any copyright law, or other intellectual property
law.
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violate any criminal statute.
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engage in computer activity commonly known as a Denial of
Service attack
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promote the violation of this agreement.
- Any
attempt to manipulate eFamilyWorld.com forum rankings by artificially
inflating counts of visitors, message views, postings or other
items used in determining the forum's standing will be considered
a violation of this agreement, and subject to any and all punitive
actions specified herein for such violations, including closure
of forum and termination of account.
- eFamilyWorld.com
disclaims all liability for messages appearing on message boards,
comments made in chat rooms, Web pages hosted by eFamilyWorld.com,
and other materials created by eFamilyWorld.com users. eFamilyWorld.com
has no responsibility for such content and is merely providing
access to such content as a service to you.
- Use
of distribution lists in electronic mail or other mass electronic
mailings is subject to the approval of eFamilyWorld.com. Any unauthorized
use of distribution lists is strictly prohibited, and may be discontinued
at the sole discretion of eFamilyWorld.com.
- By
participating in eFamilyWorld.com, you agree not to impersonate any
person or entity or falsely represent your affiliation with any
person or entity.
- Message
boards, Web pages, and other services provided by eFamilyWorld.com
may not be used for unauthorized electronic commerce. Use of any
eFamilyWorld.com service, including but not limited to message boards
and Web pages, for the sale of products or services (including
participation in any affiliate program other than that operated
by eFamilyWorld.com) is prohibited. If, in the sole discretion of
eFamilyWorld.com, you are found to be using eFamilyWorld.com for any inappropriate
commercial purpose, eFamilyWorld.com reserves the right to take action
to end said activity.
- eFamilyWorld.com
may terminate your account if it believes, in its sole discretion,
that you have violated any of the terms of this agreement, or
that you have engaged in any behavior that eFamilyWorld.com believes,
in its sole discretion, is harmful to the operation of eFamilyWorld.com
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| Your
Website Content |
| You
agree that You have the needed and required rights and permissions
on all content uploaded to Your family website. Files such as music,
photos, videos and other, must be accompanied by permission in writing
from current copyright or license holder(s). Upon notification and
proof of copyright infringement, Your account and or website may be
suspended or terminated. |
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| Fees
and Payments |
If
you elect to purchase an eFamilyWorld.com Plan, you warrant that all information
that you submit is true and accurate (including without limitation
your credit card number and expiration date), and you agree to pay
all fees you incur plus any applicable taxes. We accept most major
credit cards on-line. Additionally, we accept payment via PayPal.
You agree to pay all fees and charges, including applicable taxes,
incurred through your account at the rates in effect for the billing
period in which such fees and charges are incurred. eFamilyWorld.com reserves
the right to change the amount of, or basis for determining, any fees,
and to institute new Fees, effective upon prior notice to you. |
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eFamilyWorld.com
reserves the right to add new payment methods and to discontinue acceptance
of any particular payment method. Your right to use the service is
subject to any restrictions established by eFamilyWorld.com or by your
credit card issuer. If payment cannot be charged to your credit card
or your payment is returned to eFamilyWorld.com for any reason, including
charge back, eFamilyWorld.com reserves the right to either suspend or
terminate your account and all its obligations under this Agreement.
Subscription Renewal, Cancellation, and Refunds |
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| Whether
or not eFamilyWorld.com notifies you, you give permission to eFamilyWorld.com
to automatically renew your membership and charge your membership
fee to your credit card periodically in accordance with the membership
term you have selected. |
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| You
may also "opt-out" of this automatic renewal at any time.
Canceling your paid membership will keep your account and all of its
associated features active until the current time period for which
you are enrolled expires. In order to cancel your membership go to
your XXXX page, click on the XXX link and follow the instructions
for canceling your account. |
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The renewal charge will be at the rates in effect at the time of your
renewal.
Refunds are only issued within 7 days of initial purchase. There are
no prorated refunds. If eFamilyWorld.com determines, in its sole discretion,
that you have violated our Terms of Service, your account may be cancelled.
In the case of cancellation by eFamilyWorld.com due to a Terms of Service
violation no refund of any charges will be made, including any unused
portion of a membership subscription. |
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| Privacy
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| Please
review the eFamilyWorld.com Privacy Policy . |
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eFamilyWorld.com will strive to protect the privacy of all members who
abide by these Terms of Service. However, at its sole discretion and
especially in cases of abusive, libelous, illegal, and/or malicious
behavior on the part of a member, eFamilyWorld.com may release certain
membership information to appropriate parties when directed by law,
through reasonable settlement of litigation against eFamilyWorld.com if
served notice of such malicious behavior through a competent court,
or for other such legitimate reasons to be determined on a case-by-case
basis solely at the discretion of eFamilyWorld.com. |
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| Information
About Partners and Features Provided by Other Companies |
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| Some
of the features offered through eFamilyWorld.com membership are operated
by third party providers which may subject you to additional terms
of service. eFamilyWorld.com disclaims any responsibility for the operation
of such services. In order to use these functions properly, these
companies may need to collect or use information that you provide
to them through your use of eFamilyWorld.com. In order to determine whether
a) their systems are working properly, b.) any misuse or abuse of
their system exists, or c) any illegal activity is occurring, these
companies may have to have access to your emails, messages, chat,
or other communications that occur on eFamilyWorld.com. However, eFamilyWorld.com
is not responsible for the content or the privacy policy or practices
of any other Web sites or for the actions of the companies responsible
for those Web sites. |
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| Representations
and Acknowledgements |
- eFamilyWorld.com
does not endorse, and specifically disclaims any responsibility
or liability for, any content on any message board, in any chat
room, on any Web page, or on any other content on eFamilyWorld.com.
eFamilyWorld.com makes no representations about the reliability of
services provided by eFamilyWorld.com or by any third party provider,
and disclaims all liability in the event of any service failure.
You acknowledge that any reliance on said material and/or systems
will be at your own risk. eFamilyWorld.com makes no representations
regarding the amount of time that forums, chat rooms, message
board discussions, uploaded files, Web pages or any other content
will be preserved by eFamilyWorld.com.
- eFamilyWorld.com
reserves the right to add new membership programs and to change
the terms of existing membership programs at any time. These modifications
may include, but are not limited to, changes in the service, product
offerings, price, or administration of the program. Not all products
are available for all platforms, clients, or browsers. eFamilyWorld.com
will announce any change in the price of the program on its website
prior to any such change taking effect.
- By
posting on message boards, participating in chat rooms, or creating
any other content (excluding private email communication), you
will be deemed to have granted eFamilyWorld.com perpetual, non-exclusive
permission to redistribute by transmission the information or
materials worldwide without charge or liability.
- You
maintain a copyright on any copyrighted original material you
post, to the extent allowed by law. The reposting of a message
on a different forum on eFamilyWorld.com without permission of the
author is prohibited, except that official eFamilyWorld.com staff
announcements posted in support forums may be reposted in other
forums.
- You
participate in and/or operate message boards, chat rooms, Web
pages and/or other eFamilyWorld.com features at your own risk. If
you are unhappy with the contents and/or operation of a message
board and/or forum, Web page, your only recourse is to contact
the host of said message board and/or forum or Web page. If you
are dissatisfied with any feature, operability, contents, this
agreement, other agreements eFamilyWorld.com imposes as a condition
of usage, or any other component of the eFamilyWorld.com Web site,
your sole remedy is to discontinue use of eFamilyWorld.com services.
- If
ordering merchandise and/or services from anyone other than eFamilyWorld.com,
through any commercial service offered via an official eFamilyWorld.com
partnership or affiliate, via eFamilyWorld.com Forums, all transaction
terms including but not limited to purchase terms, payment terms,
warranties, guarantees, maintenance, and delivery, are solely
between you and the seller of the merchandise or services. eFamilyWorld.com
makes no warranties or representations whatsoever with regard
to any goods or services provided by the seller of the merchandise
or services and shall not be liable for the costs or damages arising,
either directly or indirectly, from the products or services or
from the actions or inactions of the Seller.
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| WARRANTY |
| eFamilyWorld.com
SERVICES ARE PROVIDED ON AN "AS AVAILABLE, AS IS " BASIS.
NO WARRANTIES, IMPLIED, STATUTORY OR EXPRESS, INCLUDING BUT NOT LIMITED
TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY ARE
MADE WITH RESPECT TO eFamilyWorld.com OR ANY SOFTWARE OR INFORMATION THEREIN.
eFamilyWorld.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THIS SITE,
STABILITY OF WEB SERVER, UP TIME OF WEB SERVER(S), ANY SERVICES OR
PRODUCTS RECEIVED THROUGH THIS SITE OR THE SUITABILITY OF THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE. DIGITAL IMAGE FILE
FORMATS, UPLOADED MUSIC, RIGHTS AND OTHER CONTENT UPLOADED BY YOU
FOR USE ON YOUR FAMILY WEBSITE ARE NOT WARRANTIED BY eFamilyWorld.com
AND YOU ARE RESPONSIBLE FOR ALL SUCH CONTENT AND PERMISSIONS. UNDER
NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL eFamilyWorld.com BE LIABLE
FOR ANY CONSEQUENTIAL DAMAGES, SPECIAL, INCIDENTAL OR THAT RESULT
FROM THE USE OF OR INABILITY TO USE eFamilyWorld.com. NOR SHALL eFamilyWorld.com
BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM DEFECTS,
MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS IN OPERATION, TRANSMISSION,
OR, DELETION OF FILES, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT
CAUSED BY EVENTS BEYOND eFamilyWorld.com 'S REASONABLE CONTROL, INCLUDING
BUT NOT LIMITED TO UNAUTHORIZED ACCESS TO eFamilyWorld.com RECORDS, ACTS
OF GOD, DESTRUCTION, THEFT, COMMUNICATIONS LINE FAILURE OR, SERVICES
OR PROGRAMS. IN NO EVENT SHALL eFamilyWorld.com 'S TOTAL LIABILITY FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AGGREGATE DOLLAR
AMOUNT PAID UNDER THE AGREEMENT. eFamilyWorld.com HEREBY DISCLAIM ALL
WARRANTIES WITH REGARD TO THIS SITE, THE SERVICES RECEIVED THROUGH
THIS SITE, RECEIVED THROUGH THE USE OF THIS SITE, THE INFORMATION
CONTAINED ON OR AND INCLUDING ALL IMPLIED, STATUTORY, AND EXPESS WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND MERCHANTABILITY.
eFamilyWorld.comAND ADVERTISERS DO NOT WARRANT: |
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- THAT
ANY INFORMATION RECEIVED THROUGH THIS SITE OR THE CONTENTS ARE
CORRECT, RELIABLE OR ACCURATE,
- THAT
YOUR PERSONAL FAMILY WEBSITE OR THIS SITE AND WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION
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THAT ANY ERRORS, INCOMPATIBILITIES OR DEFECTS, WILL BE CORRECTED.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT
HE or SHE HAS RELIED ON NO STATEMENTS, REPRESENTATIONS OR WARRANTIES,
OTHER THAN IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION
OR OF LIMITATION LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES;
AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
- You
acknowledge that eFamilyWorld.com has the right to delete any files,
messages, images or any other content that you may have uploaded
to any service of eFamilyWorld.com which have not been time accessed
and deemed by eFamilyWorld.com, at its sole discretion, to be unauthorized,
abandoned, unpaid account or any materials that violate the terms
of this Agreement or any other binding agreement.
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| Indemnification
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| You
agree to hold harmless and indemnify eFamilyWorld.com, its parent, employees,
officers and subsidiaries, from any expenses and claims, including
reasonable attorney's fees, related to your violation of this Agreement,
including any abusive or the infringement of any intellectual property
or privacy right of any person or unlawful behavior on the part of
you or your dependents. |
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| You
shall remain solely liable for the Content you transmit or upload
to any, any interactive areas, Forum, message board, or Web page on
the Site. You agree to hold harmless and indemnify eFamilyWorld.com from
any demand, claim, action, loss, expense or damages including attorneys'
fees made or incurred by any third party arising out of or relating
to your violation of these terms and conditions, your conduct, or
your violation of any rights of a third party. In the event that you
have a dispute with one or more users, you release eFamilyWorld.com and
our employees, subsidiaries, officers, agents, and directors from
demands, claims, and damages (consequential and actual) of every nature
and kind, undisclosed and disclosed, known and unknown, unsuspected
and suspected arising out of or in any way connected with such disputes.
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| Modifications
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| eFamilyWorld.com
may, at any time, modify any of the conditions and terms contained
in this agreement by posting such changes on the eFamilyWorld.comweb site.
You accept all modifications, amendments and changes by continued
use of eFamilyWorld.com. If you do not agree to the changes, your only
remedy is to cancel your eFamilyWorld.com membership. |
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| Governance
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| This
Agreement will be governed by and construed in accordance with the
Laws of Arizona. |
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Assignability |
| eFamilyWorld.com
may assign this Agreement, or any obligations or rights hereunder,
by operation of law or otherwise without the written prior consent
of its members. This Agreement shall inure to the benefit of, and
be binding on, permitted successors and assigns of eFamilyWorld.com. |
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| Severability
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| In
the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
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| Amendments
and Waivers |
| The
failure of either eFamilyWorld.com to insist upon or enforce or to exercise
any right under this Agreement shall not be construed as a waiver
or relinquishment to any extent of eFamilyWorld.com's right to assert
or rely upon any such provision or right in that or any other instance,
and the same shall be and remain in full force and effect. In the
event that any published statements, other agreements, or other official
policies of eFamilyWorld.com may conflict with any of the terms contained
in this document (Terms of Service) the terms of this document shall
govern. |
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