FamDV Terms and Conditions

Welcome to FamDV! You will find that we are a very easy and fun provider of videos and posters to bring your family together! If you are looking for a great way to put your family pictures together as a gift or keepsake, we provide various different creative ways to do that. In order to use our service, we have some important policies in order to start using our program.

Before using the FamDV website or setting up your account with FamDV, please read the following Terms of Use carefully. These Terms govern your access to and use of the FamDV website and services. This will constitute your acceptance of a legally binding agreement between you and FamDV. Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. If you do not wish to accept these Terms, please click the “Cancel” button, in which case you will not be able to access or use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.

In order to sign-up for FamDV, you must be at least 13 years of age. If you are not at least 13 years old, please do not click the “Sign Up” button or otherwise indicate acceptance of these Terms, and do not attempt to use, or set up an account to use, the Services.

We reserve the right at any time to change all or any part of these Terms; change the Service; and change any fees or charges for use of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

1. Registration

• When setting up your FamDV account and register to use the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form, and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.

• As part of the account set-up and registration process, you will be asked to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party.

2. Digital Image Storage

• FamDV offers free, unlimited storage of online photos to Members who maintain Active Participation. There is no limit to the Content you can upload. When you upload image Content to the Service, the original resolution of your Content may be affected depending on the upload speed you choose. Further, if you upload an image with more than nine mega-pixels of resolution, FamDV may in its discretion down-sample the image regardless of the upload speed you choose. You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.

3. Member Conduct

• FamDV is committed to ensuring that the Service remains fun and safe. Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that FamDV believes:

1. Is abusive, deceptive, pornographic, obscene, defamatory, insulting, offensive, or otherwise inappropriate;
2. Comprises copyrighted material used without the express permission of the owner;
3. Violates or otherwise encroaches on the rights of others;
4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
5. Advocates illegal activity;
6. Harms anyone, including minors; or,
7. Provides a link to any of the above;

• FamDV has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although FamDV does not and will not examine or otherwise review all Content submitted or transmitted to the Service, FamDV may delete, move, and edit Content for any reason, at any time, without notice. All content (whether private or public) that is processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure. FamDV in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

4. Share Service.

• Company offers a feature whereby users of the Site can share with others or post to their own member profile, pictures, projects and videos. You acknowledge and agree that your use of the Share Services and all links, User Content or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.

5. User Disputes.

• You are solely responsible for your interactions with other FamDV users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
  

6. No Resale of Service

• Your use of the Service may be for personal purposes only. You will not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or use or access the Service for any commercial purpose.

7. Privacy Policy

• We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

8. Copyright

• When you use the Service, you become a participant in an online community. Accordingly, as a condition to your Membership, you hereby grant FamDV a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for providing or improving the Service. As a condition to Membership, you represent and warrant to FamDV that you either own your Content or have written permission from the copyright owner to make such Content available to the Service. The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, FamDV has a process in place to respond to your concerns. Please see how to contact us

9. Disclaimers

• The Company is not responsible or liable in any manner for any User Content or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by FamDV, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

• The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

10. Arbitration

• YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the FamDV Marketplace may be arbitrated.
  
  Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
  
  To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than

11. Indemnity

• YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS FamDV, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

12. Limited Warranty

• IN NO EVENT WILL FamDV OR FamDV AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

• ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. FamDV WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, FamDV’s SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR FamDV TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.
• EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FamDV AND FamDV AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FAMDV MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. FamDV MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

13. LIMITATION OF LIABILITY

• TO THE FULLEST EXTENT PERMITTED UNDER LAW, FamDV WILL HAVE NO OBLIGATION OR LIABILITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

14. Termination

• FamDV may, in its sole discretion, terminate your Membership or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by FamDV elsewhere within the Service, or (ii) conduct FamDV believes is harmful to other FamDV users, the business of FamDV, or HP Affiliates, or (iii) failure to maintain Active Participation in the Service. FamDV will not be liable to you or any third-party for any termination of your access to the Service.

15. Modification of Terms

• FamDV may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by FamDV will be prospective only.

16. Entire Agreement

• These Terms constitute the entire agreement between you and FamDV governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. The failure of FamDV to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

17. Federal Law

• You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

18. Reporting Violations

• You can report abuse of these Terms to Complaint@FamDV.com.

19. Consent

• By registering on FamDV, you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that you have provided us with a current e-mail address at which we may send electronic Communications to you.