Date of last revision: 1 September 2008FAMIPIX is an online service that allows users to share photos via the Internet. FAMIPIX offers both a free subscription which offers low resolution photo hosting and a premium subscription (Subscription) which offers high resolution photo and video hosting.
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.
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.
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.
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 MembershipYour FAMIPIX account is personal and cannot be transferred to other Famipix members.
Inactive accountsFAMIPIX reserves the right to remove accounts, including all uploaded media, of non-paying users who have not logged in to Famipix.com for more than 6 consecutive months.
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
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.
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.
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.
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.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between FAMIPIX and any User of the Service.
RegistrationIn order to use this website, a user must first complete the registration form. During registration a user is required to give their contact information (such as name and email address). This information is used to allow the user to make use of the application.
CookiesA cookie is a piece of data stored on the userís hard drive containing information about the user. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they will not be able to log in. If a user chooses to stay logged in on FAMIPIX, a cookie will indefinitely be stored on the user's hard drive.
Log FilesWe use IP addresses to analyze trends, administer the site, track userís movement, and gather broad demographic information for aggregate use. FAMIPIX also uses Google Analytics to track user behaviour.
SharingWe will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
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.
LinksThis web site contains links to other sites. Please be aware that FAMIPIX is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by FAMIPIX.
Surveys & ContestsFrom time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
Invite ContactsIf a user elects to use our automated invitation service for inviting contacts to access their photos, FAMIPIX will automatically send this contact several e-mails inviting them to visit FAMIPIX.
SecurityThis website takes every precaution to protect our usersí information. When users submit sensitive information via the website, your information is protected both online and off-line.
Special OffersWe send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter.
Site and Service UpdatesWe also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correcting or Updating Personal InformationIf a userís personally identifiable information changes (such as your email address), or if a user no longer desires our service, you can update your information or unsubscribe entirely from the "Settings" page.
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 controlYour personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of a business of FAMIPIX and/or its subsidiaries.
If you have any further questions, please e-mail us at firstname.lastname@example.org.
Over Famipix - Persinformatie - Algemene Voorwaarden & Privacy