Date of last revision: 1 September 2008

The FAMIPIX service is operated from The Netherlands by Skwortsow Koster Media Group (SKMG) BV, with its offices located on the Oostdam 5, 3441EM Woerden, The Netherlands, registered with the Chamber of Commerce in Utrecht under number 20093741, hereinafter referred to as FAMIPIX.

By using the Famipix.com (including other domain extensions) web site (the "Web site") you agree to be bound by these Terms of Use (this "Agreement").

If you wish to become a Member and make use of the FAMIPIX service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions on the registration page.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by FAMIPIX at any time and without prior notice, such modifications to be effective upon posting by FAMIPIX on the Web site.

Eligibility

You must be eighteen years of age or over to register as a member of FAMIPIX or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term

This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the "Settings" page. FAMIPIX may terminate your membership for any reason, at any time. If FAMIPIX terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

Transfer of Membership

Inactive accounts

Payment

If you paid with credit card or direct debit, FAMIPIX will automatically renew your Subscription, unless you terminate the Subscription on or prior to 11:59 p.m. Central European Time on the last day of your existing Subscription period.

All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.

If a payment fails, all uploaded videos and high-resolution photos will be deleted from the account in question after the grace period, during which the payment needs to be made, expires.

FAMIPIX reserves the right to modify, suspend, or discontinue the Web site at any time for any reason with or without notice.

Non Commercial Use by Members

The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Passwords and compiled names, photos, links, and Web site content are not to be transferred or copied from the Web site for use with any other product or service. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights in Content on FAMIPIX

FAMIPIX owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of FAMIPIX, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

You understand and agree that FAMIPIX may review and delete any content, comments, photos or profiles (collectively, "Content") that in the sole judgment of FAMIPIX violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. FAMIPIX reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
displays pornographic or sexually explicit material of any kind;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You and your posted content may not generate more than 5000 MB outgoing traffic per month, as measured by FAMIPIX. Free accounts are limited to 1GB in storage.

If multiple free accounts are created from the same IP-address, Famipix reserves the right to terminate these accounts.

You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk e-mail to other Members. Although FAMIPIX cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FAMIPIX reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which FAMIPIX deems appropriate in its sole discretion.

Privacy

Use of the Web site and/or the Service is also governed by our Privacy Policy.

Disclaimers

FAMIPIX is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service.

FAMIPIX is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service.

FAMIPIX 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 or Member communications.

FAMIPIX is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FAMIPIX be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and FAMIPIX expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FAMIPIX cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from FAMIPIX or through or from the service shall create any warranty not expressly stated herein.

Limitation on Liability

In no event will FAMIPIX be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FAMIPIX has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FAMIPIX's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FAMIPIX for the Service during the term of membership.

Disputes

If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the Netherlands without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the court of Amsterdam, the Netherlands.

Indemnity

You agree to indemnify and hold FAMIPIX, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between FAMIPIX and any User of the Service.

Other

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and FAMIPIX regarding the use of the Web site and/or the Service. The failure of FAMIPIX to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Privacy Policy

Registration

Cookies

Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Log Files

Sharing

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services.

These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links

Surveys & Contests

Invite Contacts

Security

Special Offers

Site and Service Updates

Correcting or Updating Personal Information

Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether they should proceed with services that require an outside party, or not.

Change of control

Notification of Changes

If you have any further questions, please e-mail us at support@famipix.com.