Terms of service.
Last Updated: March 7, 2023
Welcome to FamClub!
FamClub Inc. (“FamClub” “we,” “our,” or “us”) makes its website (https://www.famclubapp.com), and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by FamClub Inc. (collectively, all of the foregoing, the “Offerings”) available for your use subject to these Terms of Service and Use (this “Agreement” or “Terms”). Please read this Agreement carefully. By downloading, accessing, ordering, or using any of our Offerings, clicking on the “I accept” button, or completing the registration process, you represent that you have read, understand, and agree to be bound by this Agreement. The term “you” refers to users who have ordered or used an Offering or registered an account with FamClub’s platform (“Registered Users”). If you do not agree to be bound by this Agreement, you may not access or use our Offerings. FamClub’s Services cannot be provided without processing Content (defined below) from and about you and other users.
IMPORTANT NOTICE: YOUR USE, DOWNLOAD, AND/OR ORDERING OF ANY OF OUR OFFERINGS IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 14.6 OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION UNLESS PROHIBITED BY LAW OR YOU EXPRESSLY OPT OUT OF ARBITRATION AS DESCRIBED IN THAT SECTION.
1. Overview
1.1 FamClub Service. FamClub provides a platform that enables creators to publish their Content (defined below). We offer personalized opportunities to create and share Content leveraging social networks.
1.2 License to Offerings and Content. The Offerings may contain text, software, images, photographs, graphics, audio, video, images, illustrations, animations, applications, user interfaces, tools, written posts, replies, comments, visual interfaces, logos, designs, product names, data, text, software, scripts, and other information, (“Content”), which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. Our Content does not include your data. Our Offerings and its Content (excluding your data) is copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on our Offerings are registered and/or unregistered trademarks of FamClub, its licensors or content providers, or other third parties. You acknowledge that FamClub is the exclusive owner of the Offerings. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law. On the condition that you comply with all your obligations under this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use our Offerings and certain provided available Content hereon for your personal information and non-commercial use. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of FamClub or any third party, except as expressly provided in these Terms. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any Content. All rights not otherwise expressly granted by these Terms are reserved by us.
1.3 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to FamClub, including through its suggestion, feedback, wiki, forum, or similar pages, (“Feedback”) is at your own risk and that FamClub has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to FamClub a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance, and improvement of our Offerings
2. Account Registration and Data.
2.1 Your Account and Data. In order to access certain features related to the Offerings you may be required to complete the registration process to create an account with us (“Account”) and provide us with certain data.
2.2 Minimum Age Requirement; Guardian Agreement. YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD (or such greater age required in your country or territory for you to be authorized to register for and use our Services without parental approval). If you are not at least thirteen (13) years old (or such greater age required in your country or territory for you to be authorized to register for and use our Services without parental approval) you are not allowed to use our Offerings. If you are not old enough to have the authority to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf. Please ask your parent or guardian to read these Terms with you.
2.3 Registration Data. In registering an Account, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration and other applicable form(s) (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or FamClub has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FamClub has the right to suspend or terminate your Account and refuse any and all current or future use of the Offerings (or any portion thereof). You agree not to create an Account using a false identity or information or on behalf of someone other than yourself.
2.4 Activities Under Your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of our Offerings by minors or otherwise. You agree that you shall not have more than one Account at any given time.
2.5 License to Your Data. Users retain ownership and other applicable rights in their Content and Registration Data, and FamClub and/or third parties retain ownership and/or other applicable rights in all other Content. Notwithstanding the foregoing, you hereby grant us and our designees and/or assignees and other third-party service providers a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of your Content and Registration Data. This license continues even after the termination of this Agreement. We will use commercially reasonable efforts to comply with our privacy-related obligations under Section 11 of this Agreement with respect to such data, information, and content, and you represent and warrant that you are the sole or complete owner of all data, information and content you make available to us, or otherwise have the right to grant the rights and licenses set forth herein. You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access your Content through our Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Offerings (such as video playback).
3. Acceptable User Policy.
3.1 Prohibited Conduct. You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by these Terms):
use our Offerings for any illegal or unauthorized purpose;
use our Offerings for any purpose that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, explicit or otherwise in violation of these Terms;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Offerings;
copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Offerings are based;
use any Offering or the Content in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
impersonate any person or entity;
solicit information from another user in furtherance of identity theft or another unlawful purpose;
frame or otherwise simulate the appearance or functions of the Offerings or any portion thereof;
modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Offerings, including any Content included on our Offerings;
use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Offerings, deep-link to any feature or content on our Offerings, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to our Offerings or copying of any Content or enforce limitations on use of our Offerings and the Content on our Offerings;
collect or store personal data about other users without permission, or disclose private or proprietary information that you do not have the right to disclose;
use our Offerings for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
3.2 Investigations. Although FamClub does not generally monitor user activity occurring in connection with our Offerings, if FamClub becomes aware of any possible violations by you of any provision of the Terms, FamClub reserves the right to investigate such violations, and FamClub may, at its sole discretion, immediately terminate your license to use our Offerings, without prior notice to you or anyone else
4. Third-Party Services.
4.1 Third-Party Websites & Ads. Our Offerings may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left our Offerings and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of FamClub. FamClub is not responsible for any Third-Party Websites & Ads. FamClub provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Offerings, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data-gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
4.2 App Stores. With respect to any Offering accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace, the Samsung Apps marketplace, Amazon Skills Store or any similar store or marketplace authorized by FamClub (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third-party terms of the relevant App Store (e.g., Apple App Store’s “Usage Rules”) (the “App Store Terms of Service”) when using the Offerings. You acknowledge and agree that the availability of certain components of our Offerings are dependent on a third-party App Store from which you received the Application license. You acknowledge that these Terms are between you and FamClub and not with the App Store. In order to use some Offerings, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Offerings. You agree to comply with, and your license to use the Offerings is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store Terms of Service) when using the Offerings. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
4.3 Apple App Store. This Section applies if you accessed or downloaded our application(s) from the Apple, Inc. (“Apple”) App Store:
4.3.1 You acknowledge and agree that this Agreement is between you and FamClub and not with Apple or any other provider of the Apple App Store. FamClub and its third-party providers are solely responsible for the App and the content thereof.
4.3.2 The license set forth in Section 10.1 is limited to use on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions
4.3.3 The Apple App Store provider has no obligation to provide any maintenance and support service with respect to the App. FamClub is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. The Apple App Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FamClub.
4.3.4 FamClub and/or its third-party providers, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
4.3.5 You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties.
4.3.6 You must comply with applicable third-party terms of agreement when using the App.
4.3.7 Apple and its subsidiaries are third-party beneficiaries of this Agreement, and, upon your acceptance of this Agreement, Apple from will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
4.4 Android Devices. This Section applies if you accessed or downloaded our application(s) for use on an Android-powered mobile device (an “Android App”):
4.4.1 You acknowledge that these Terms of Service apply to you and us only, and not Google, Inc. (“Google”);
4.4.2 You agree that your use of our Android App will comply with Google’s then-current Android Market Terms of Service;
4.4.3 You acknowledge that Google is only a provider of the Android Market where you obtained the Android App, and that we, and not Google, are solely responsible for our Android App and the services and content available thereon and Google has no obligation or liability to you with respect to our Android App or these Terms; and
4.4.4 You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to our Android App.
5. Fees and Purchase Terms
5.1 Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide FamClub with valid credit card (Visa, MasterCard, or any other issuer accepted by us), PayPal account, or other acceptable third-party payment account (e.g., via the Apple Store) (“Payment Provider”), or purchase order information as a condition to signing up for the Offerings. Your Payment Provider agreement governs your use of the designated credit card or account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing FamClub with your credit card number or Payment Provider account and associated payment information, you agree that FamClub is authorized to immediately invoice your Account for all fees and charges due and payable to FamClub hereunder and that no additional notice or consent is required. You agree to immediately notify FamClub of any change in your billing address or the credit card or Payment Provider account used for payment hereunder. FamClub reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Offerings or by e-mail delivery to you. Except as set forth in these Terms or required by applicable law, all fees are non-refundable.
5.2 Taxes. FamClub’s fees are net of any applicable Sales Tax. If any Services, or payments for any goods or services, under these Terms are subject to Sales Tax in any jurisdiction, you will be responsible for payment of such Sales Tax, and any related penalties or interest and will indemnify FamClub for any liability or expense FamClub may incur in connection with such Sales Taxes. For purposes of this Agreement, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that FamClub is permitted to pass to you that is (a) the functional equivalent of a sales tax and (b) the applicable taxing jurisdiction does not otherwise impose a sales or use tax. FamClub may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required.
5.3 Billing Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be identified via email to judah@famclubapp.com.
5.4 Application. The foregoing terms of this Section 5 only apply to the extent that FamClub makes any of Offerings or features available for a fee and you elect to purchase such Offerings or features.
6. Creator Terms
6.1 Content. You represent and warrant that any Content you upload or submit to our Site will comply with this Agreement (including any guidelines provided by FamClub) or the law. Without limiting the foregoing, you represent and warrant that the Content you submit does not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.
6.2 Commission. You may charge other users to view, access, or download your Content. In the event any user purchases access to your Content via our Site, you agree that FamClub is entitled to a commission that (together with any platform fee (e.g., Apple App Store fees)) equals fifty percent (50%) of all prices payable by each user.
6.3 Creator Payment. FamClub shall remit payment of any fees owed to you for purchases of your Content (less commission) in accordance with its standard payment processes. You remain responsible for any fees (e.g., wire transfer fees) charged by your bank or any intermediary banks for receipt of your fees. If you have any questions or regarding payments, please contact FamClub at: judah@famclubapp.com.
6.4 Production Funding. You may be eligible to receive production costs from FamClub to create content. Any such funding will be subject to a separate agreement (the “Funding Agreement”). If applicable, the Funding Agreement shall control over any conflict or inconsistency between the Funding Exhibit and these Terms. If you are interested in receiving funds for creating Content, please contact us at: creator@famclubapp.com.
7. Release and Indemnification.
7.1 Release. To the extent permitted by applicable law, you hereby release FamClub and its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (collectively, the “FamClub Parties”) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use or reliance on our Offerings for any purpose pursuant to the disclaimers of these Terms. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another state with a similar law, you hereby make a similar waiver.
7.2 Indemnification. To the maximum extent permitted by law, you agree to indemnify and hold FamClub Parties harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your actions, information, or Content on the Offerings, or any other use of our Services by you, including expenses of arising out of or in any way in connection with: (a) your use or access of, or inability to use or access our Offerings; (b) your violation of these Terms and applicable laws; (c) your violation of any rights of another party; (d) any claims relating to the accuracy, inaccuracy, performance or non-performance of our Offerings; (e) any misrepresentation made by you; or (f) personal injury or death arising from your acts or omissions or reliance on an Offering. FamClub reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FamClub in asserting any available defenses. You agree that the provisions in this Section will survive any termination of these Terms.
8. Disclaimer of Warranties.
8.1 General. To the maximum extent permitted by law, our Offerings are provided “AS IS” and “AS AVAILABLE”, and at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. Without limitation, we make no warranty that our Offerings will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our site will be accurate or reliable, that defects in the operation or functionality of our Offering will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Offerings will meet your expectations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.2 System Unavailability & Errors. There may be times when our Offerings are unavailable due to technical errors or network outages or for maintenance and support activities. The Offerings may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in our Offerings or any information supplied to you via the Offerings, or that files available through the Offerings are free of viruses, worms, trojan horses, or other code that include or manifest contaminating or destructive characteristics.
9. Limitation of Liability.
9.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL FAMCLUB PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR OFFERINGS OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FAMCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY OFFERINGS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR OFFERINGS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (3) ANY OTHER MATTER RELATED TO OUR OFFERINGS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
9.2 CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE FAMCLUB PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY FAMCLUB AS A RESULT OF YOUR USE OF OUR OFFERINGS. IF YOU HAVE NOT PAID FAMCLUB ANY AMOUNTS, FAMCLUB’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED FIFTY DOLLARS ($50 USD).
9.3 EXCEPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND FAMCLUB’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Term and Termination.
10.1 Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use our Offerings, unless terminated earlier in accordance with these Terms.
10.2 Prior Use. Notwithstanding the foregoing, if you used our Offerings prior to the date you accepted these Terms, you hereby acknowledge and agree that these Terms commenced on the date you first used the Offerings and will remain in full force and effect while you use our Offerings, unless earlier terminated in accordance with these Terms.
10.3 Termination by FamClub. FamClub has the right to suspend or terminate any Offering. You agree that all terminations for cause shall be made in FamClub’s sole discretion and that FamClub shall not be liable to you or any third party for any termination.
10.4 Termination by You. If you want to terminate, you may do so by notifying FamClub at any time, closing your Account through the Offerings, and ceasing to use all Offerings. However, you will remain liable for any previous uses of Offerings, unless prohibited by applicable law.
10.5 Effect of Termination. Upon termination of any Offerings, your right to use such Offerings will automatically terminate immediately. You understand that any termination of Offerings may involve the deletion of information and data provided by you associated therewith from our live databases. FamClub will not have any liability whatsoever to you for any suspension or termination, including for deletion of Content and other data provided by you. All provisions of these Terms which by their nature should survive, shall survive termination of our Offerings, including without limitation, intellectual property provisions, warranty disclaimers, and limitations of liability.
11. Privacy.
We know that your privacy is important. For this reason, we have created a privacy policy (https://www.famclubapp.com/privacypolicy) that describes our collection, use and disclosure practices regarding any personal information that you provide to us. The security of your personal information is important to us. FamClub Parties may use your personal information to provide Offerings to you and on an aggregated or anonymized basis for other purposes, including to improve our product and services during or after the term. Additionally, you authorize FamClub Parties to use and share your Content with other users. While there is no such thing as “perfect security,” we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Offerings are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
12. Updates and Modifications to this Agreement.
PLEASE NOTE THAT these Terms are subject to change by FamClub in its sole discretion at any time. When changes are made, FamClub will make a new copy of this Agreement available from within, or through, the affected Offerings. We will also update the “Last Updated” date at the top of this Agreement. If we make any material changes, and you have registered an email to use our Offerings, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms. Any changes to these Terms will be effective immediately for new users and will be effective thirty (30) days after posting of notice of such changes for existing users. FamClub may require you to provide consent to the updated Terms in a specified manner before further use of our Offerings are permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using our Offerings. Otherwise, your continued use of the Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK BACK REGULARLY (HTTPS://WWW.FAMCLUBAPP.COM/TERMSANDCONDITIONS) TO VIEW THE THEN-CURRENT TERMS.
You understand that our Offerings are evolving. As a result, FamClub may require you to accept updates. You acknowledge and agree that FamClub may update the Offerings with or without notifying you. You may need to update third-party software from time to time in order to use and receive our Offerings.
13. DMCA Notices/Copyright Infringement Claims
13.1 Takedown Notice. FamClub shall comply with the rules regarding notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If an individual or entity believes that their intellectual property rights have been infringed, please contact FamClub immediately. For FamClub to respond, the complaining individual or entity must provide:
13.1.1 A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
13.1.2 A clearly identified copyrighted work that is being claimed as being infringed upon.
13.1.3 Clear identification of the allegedly infringing material, including a link to the material on the FamClub Site.
13.1.4 A statement, made under the penalty of perjury, that the information provided is accurate, the complainant is the copyright owner (or individual authorized to act on behalf of the copyright owner), and that the complaint is being issued under a good-faith belief that the relevant material is being used in a way that is not authorized by the copyright owner, its agent, or under the law.
13.2 Takedown Response. If a user believes that their content has been removed by mistake or misidentification, that user may provide FamClub with a DMCA Counter-Notice, which must contain the following information
13.2.1 The user’s name, address, telephone number, and email address.
13.2.2 A description of the material removed, along with the URL address of where the material was posted prior to its removal.
13.2.3 The following signed statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material which was removed or disabled was due to a mistake or misidentification of the material to be removed or disabled.”
13.2.4 A statement that the user consents to the jurisdiction of the Federal District Court where the user is located or, if the user is located outside of the United States, consents to any jurisdiction in which the user may be properly served. Further, the user’s statement must include an agreement to accept the service of process from the individual or entity (or their agent) who filed the original DMCA notice.
13.2.5 Upon receipt of any valid counter DMCA notification, FamClub will forward that counter DMCA notification to the party which submitted the original DMCA notification. The original party (or their authorized agent) will then have ten (10) days to notify FamClub that it has filed legal action related to the allegedly infringing material. If FamClub does not receive any such notification within ten (10) days, FamClub may (but is not obligated to) restore the material to the Site.
13.3 Takedown Notice Address. All DMCA notices and counter-notices must be submitted via email to.
14. General Provisions.
14.1 Electronic Communications. The communications between you and FamClub use electronic means, whether you visit our Offerings or send FamClub e-mails, or whether FamClub posts notices on or through the Offerings or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from FamClub in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FamClub provides to you electronically satisfy any legal requirements that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14.2 Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FamClub’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.3 Force Majeure. FamClub shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
14.4 Choice of Law and Venue. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of New York, without giving effect to any conflict of laws principles that require the application of the law of a different state. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which FamClub’s principal place of business is located for any lawsuit filed against you by FamClub arising from or related to this Agreement.
14.5 Limitations Period. UNLESS PROHIBITED BY STATE LAWS, YOU AND FAMCLUB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE OFFERINGS, THE OFFERINGS, OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14.6 Arbitration. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and we will pay the reasonable costs of the ADR Provider. Notwithstanding the foregoing, you agree that FamClub may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different and not permit arbitration in which case this provision will not apply. Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the “Rules”) and shall be administered by the New York City office of JAMS (the “Administrator”). To the extent there is any conflict between the provisions set forth in this Section and any procedural or other rules issued by the Administrator, this Section will control. The location of the arbitration will be New York City, New York, USA. The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings and all pleadings and written evidence will be in the English language. Each party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 9 of this Agreement. Judgment on the award of the Arbitrators may be 15.3 entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary, or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Massachusetts law or United States Federal law. By using our Offerings in any manner, you agree to the above arbitration provisions, UNLESS YOU PROVIDE US NOTICE PURSUANT TO SECTION 14.7 THAT YOU ARE OPTING OUT OF THESE PROVISIONS WITHIN THIRTY (30) DAYS AFTER FIRST ORDERING OR USING AN OFFERING. UNLESS YOU OPT OUT OF ARBITRATION AS DESCRIBED ABOVE, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND FAMCLUB (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
14.7 Notice. Where FamClub requires that you provide an e-mail address, you are responsible for providing FamClub with your most current e-mail address. If the last e-mail address you provided to FamClub is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, FamClub’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to FamClub at the following address: 175 Elm Road, Englewood, NJ. Such notice shall be deemed given when received by FamClub by letter delivered by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
14.8 No Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.9 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.10 International Users. Our Offerings are only intended for use in the United States. Our Offerings are generally controlled and provided by FamClub from its facilities in the United States of America, but may be accessed by employees and contractors of FamClub located in other countries. FamClub makes no representations that our Offerings are appropriate or available for use in countries besides the United States. Those who access or use our Offerings from other jurisdictions do so of their own volition and are responsible for compliance with local law.
14.11 Export Control. You may not use, export, import, or transfer our Offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained our Offerings, and any other applicable laws.
14.12 Entire Agreement. These Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
14.13 Section Headings. The section headings appearing in these Terms have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit, or extend the scope or intent of the clauses to which they pertain.
14.14 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using our Offerings and all provision indicating an ongoing obligation shall survive any termination or expiration of these Terms, but shall not imply or create any continued right to use our Offerings after the termination of these Terms.
14.15 Contacting Us. If you believe that FamClub has not adhered to these Terms, please contact FamClub by emailing us at: judah@famclubapp.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation