Terms of Service

Terms

Terms and Conditions

Last Updated: July 21, 2016

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE MYFAMPAL SERVICES.

 

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.

 

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

 

  1. You and Us

 

Welcome to MyFampal. Formally, we are Ablescent LLC and Ablescent Limited (collectively, “Ablescent”, “we”, “us” and “our”). We are the premier provider of family dynamics monitoring and comparison services. We provide our services online, including via mobile applications and websites (collectively, “MyFampal” or the “Services”). The Services include our parent site at MyFampal.com (the “MyFampal Site”) and our applications for use on mobile devices (“MyFampal Apps”).

 

On the MyFampal Site and in the MyFampal Apps, we refer to individuals as a “parent”, “trusted caregiver”, “caregiver”, “family circle member”, “sphere of influence member”, “adult”, “user”, “you” or “your”. More formally, we use the term “user” or “you” or “your” to mean any user of our Services, whether or not the user has registered with us. We use the term “registered user” to refer to anyone who has registered with us. A registered user may register with us on his or her own behalf, or on behalf of other people. Any user who does not register with us is an “unregistered user”. If you register on behalf of another person, then you promise and warrant that you are authorized by that person, and that you have the right to bind that person to these Terms; otherwise, you will be binding only yourself to these Terms. If a registered user enters information into MyFampal about a child, family member or some person other than the registered user, that person is referred to as a “family member”. These Terms apply to each registered user .

 

These Terms of Service (“Terms”) govern your access to and use of our Services. By accessing or using the Services you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We will also periodically ask you to confirm that you agree to these terms, including by taking particular actions such as clicking a button labelled “I Agree”.

 

  1. Services We Provide

We are committed to the world’s largest study into family-centered resources to support behavioral and emotional development. The study will identify effective means to support parents help their kids develop healthy attitudes, skills and behaviors. The study will never end, because we believe we can always improve the way we do things.

For the initial stages, we will provide tools and resources to enter family information into our database and help you compare the information you enter against other research. As we build up our database, we will review and report on an anonymized version of the aggregate data (e.g., “all boys between 16 and 17 years of age”), and report on trends we see in the data that may be helpful to you.

You will have the right to opt-in to sharing personal data (“Personal Information”) with other users, but you are not required to do so and we will not pressure you to do so.

For future versions of the Services, we plan to provide the ability for you to share your Personal Information with doctors, nurses, therapists, other professionals and other healthcare providers (“Providers”) so that you and your Provider may share the same Personal Information more easily and more often, if you choose to share the data. However, we do not currently provide that service and we do not have a date or timeframe for when that service would be available.

  1. Subscriptions

You may register with our Services. Among other things, as a registered user you may store and process information about you and your family members (“Personal Information”). You may also access MyFampal Content on family dynamics. In the future we hope to provide more options through our Services.

Please take precautions to protect your password and contact us at customer.services@MyFampal.com if you believe your account has been accessed by an unauthorized person.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your user name and password. Therefore, you must not share with or disclose your password to anyone. You should use a “strong” password, e.g., a password that is not a dictionary term or other known word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password.

  1. Content

Any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Services (other than Personal Information) are collectively referred to as “Content”. When you provide Content to us (“your Content”), you warrant to us that you have all rights necessary to provide your Content to us.

In addition to your Content, some of the Content on the Services is owned by us (“MyFampal Content”), and by other people and entities (“Third Party Content”). You may use MyFampal Content and Third Party Content for your personal use while you are a user of the Services. With the exception of your Content, you may not share any Content with any other person, Services or entity without the prior written permission of the owner of that Content (e.g., you would need to obtain the prior written permission of the third party that owns the Third Party Content prior to re-posting it to another website or sharing it with others).

We own the MyFampal Content and the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than your Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content other than your Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or Organization that originates the Content. We do not monitor the Content posted via the Services. Except for MyFampal Content, MyFampal will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.

Your use of or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.

For any Content you provide to us, you grant MyFampal a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicenseable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any user-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain the ownership or other rights you may have to your Content. Prior to providing us with your Content, you should retain a copy of your Content in a safe place accessible to you. As noted elsewhere in these Terms, the Content License does not apply to your Personal Information.

You are responsible for your use of the Services, for your Content, and for the consequences of what you do.

  1. User “Do’s” and “Don’ts”

As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following Do’s and Don’ts.

Do the following:

Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.

Do provide accurate information to us and update it as necessary.

Do review and comply with our Privacy Statement (and these Terms, of course).

Do review and comply with notices sent by us concerning the Services.

Don’t do the following:

 

Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content.

Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Services or MyFampal Content, or any part thereof.

Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services.

Don’t use “bots” or other automated methods to add or download Personal Information, Content, or send or redirect messages or other permitted activities other than through MyFampal-sanctioned tools.

Don’t override any security component included in or underlying the Services.

  1. How Old are You?

 

You must be at least 18 years old to use the Services. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.

 

If you are 17 years old or younger, please ask your parent or guardian to open and operate an account with us. If anyone under the age of 18 registers with us or provides any Content to us, the young person’s parent or guardian may contact us at one of the addresses listed below in the “Contact Us” section. We will delete the young person’s account and delete any Content provided by the young person.

 

  1. Privacy

 

As noted in our Privacy Statement, and subject to applicable data protection, privacy and security laws and regulations, we provide the Services to US-based registered users from within the United States, and we currently store all personally-identifiable information (“Personal Information”) of US registered users that we collect and retain on servers inside the United States. We provide the Services to UK-based registered users from within the United Kingdom, and we currently store all Personal Information of UK registered users that we collect and retain on servers inside the UK. In the future, we may store Personal Information on servers located outside the United States and the UK.

 

Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other Personal Information about you or others. Each time you use our Services or submit Content or Personal Information to us, you confirm your consent to the collection, storage, processing and onward transfer of your Personal Information and any other Personal Information you submit, as further stated in the current version of these Terms and the current version of the Privacy Statement.

 

Please note, however, that any Personal Information or other data collected, stored or processed by a third party is subject to the privacy policy and agreement of that third party. We are not responsible for the privacy practices, security, or other aspects or processes of any third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Statement.

 

  1. Our Rights

 

We reserve the right at all times (but will not have an obligation) to remove or refuse any Content on the Services, to suspend or terminate users and registered users, and to reclaim user names without liability to you. We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Information) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Ablescent, the MyFampal Services, its users and the public.

 

  1. Links to Third Parties

 

There may be links from the Services, or from communications you receive from the Services, to third-party websites, social media or features. There may also be links to third-party websites, social media or features in images or comments within the Services. As noted elsewhere in these Terms, the Services include and contain Content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party website, social media or feature, including applications that connect the Services or your profile on the Services with a third-party website, social media or feature. Ablescent does not control any of these third-party services or any of their Content. You expressly acknowledge and agree that Ablescent is not liable for any such third-party services or features.

 

By using a third party service, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to the sharing of information in and about your profile with and through the third party service; (ii) your use of a third party service may cause your Personal Information to be publicly disclosed, even if Ablescent has not itself provided such information; and (iii) your use of a third party service is at your own option and risk, and you hereby defend and indemnify us against, and hold us harmless from, any harm, damage, cost, and claims that may result from or be related to your use of any third party service.

 

  1. Copyright Policy

 

Ablescent respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before you send us any request to remove allegedly-infringing Content (“takedown notice”). Each takedown notice must be in English and include the following information:

 

  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
  • Your contact information, including your postal address, telephone number, and an email address.
  • A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

 

On our receipt of a takedown notice, we may publish the takedown notice, or provide a copy of the takedown notice to the user that uploaded or provided the Content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (“counter notice”) demanding that the Accused Content be restored to the Services.

 

In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Services, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Services.

 

Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, Ablescent will also terminate a registered user’s account if we determine the registered user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

 

Attn: Copyright Agent, Ablescent LLC, P.O. Box 347 Stockton, NJ 08559-0347, United States of America

 

or

 

Attn: Copyright Agent, Ablescent Limited, Future Business Centre, Cambridge, CB4 2HY, United Kingdom

 

Email: customer.services@MyFampal.com

 

  1. Disclaimer of Warranties

 

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY ABLESCENT, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY CLOSE YOUR ACCOUNT AND STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.

 

WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

 

WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES, INCLUDING THE MYFAMPAL SITE AND MYFAMPAL APPLICATIONS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.

 

  1. Termination

 

You may terminate your MyFampal account for any reason or no reason, and at any time. To terminate your MyFampal account, contact us at customer.services@MyFampal.com. Termination of your account will be effective upon our processing of the notice we received from you.

We may terminate your MyFampal account and these Terms with you for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in the notice.

We may restrict, suspend or terminate the account of any registered user, or block the access of any user or registered user, who abuses or misuses the Services. Misuse includes, among other things, registering under more than one identity, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of MyFampal and the Services.

Upon the termination of your MyFampal account, you will lose access to some or all of the Services. We currently expect to delete all Personal Information in a MyFampal account within three months of the date of termination, but that may change on a case-by-case basis. In addition, we may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination.

 

  1. Indemnification

 

You and any Organization agree to defend, indemnify and hold Ablescent harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by Ablescent in the defense of any claim. Ablescent reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against Ablescent without the prior written consent of Ablescent, which consent Ablescent may refuse in its sole discretion.

 

  1. Limitation of Liability

 

SOME REGIONS, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

Neither ABLESCENT nor any of our subsidiaries, affiliated companies, officers, employees, members, directors OR SERVICE PROVIDERS (“ABLESCENT Affiliates”) shall be liable for any damages in excess of the fees, if any, you paid ABLESCENT during the calendar year in which such event is claimed to have occurred, or USD $100, whichever amount is greater.

 

Neither ABLESCENT nor any ABLESCENT Affiliates shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you, ANY COMPANY, or any third person.. This limitation of liability shall apply regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory, (ii) we knew or should have known about the possibility of such damages, or (iii) the limited remedies provided IN these Terms fail of their essential purpose.

 

  1. General Provisions

 

Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.

Entire Agreement. These Terms, together with the Privacy Statement, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Statement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyFampal Services, if applicable. You acknowledge that you have had the opportunity to review these Terms and our Privacy Statement with counsel of your choice.

Amendments to these Terms. We reserve the right to modify, supplement or replace these Terms, effective upon prior written notice to the email address we have for you. If we have no email address for you, then the modified Terms will take effect ten (10) days after we post them on our website at www.MyFampal.com. Your use of the Services thirty days after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.

No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.

 

Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation by you shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Statement, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the MyFampal website at www.MyFampal.com.

  1. Regional Provisions

 

16.1     United States

 

Contact Us. You may contact us via email at customer.services@MyFampal.com. Or via postal mail or courier at:

 

Attn: Law Department, Ablescent LLC, P.O. Box 347 Stockton, NJ 08559-0347, United States of America

 

 

Governing Law and Arbitration

 

For all citizens and residents of the United States, these Terms and any action related thereto are governed by the law of the Commonwealth of Pennsylvania, and the federal law of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, the Privacy Statement, their performance, or the Services shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its current Arbitration Rules. The language of the arbitration shall be English.

To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.

Proceedings will be conducted on an individual basis. Neither you nor Ablescent will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.

16.2     United Kingdom

Contact Us. You may contact us via email at customer.services@MyFampal.com. Or via postal mail or courier at:

Attn: Law Department

Ablescent Limited

Future Business Centre

Cambridge, CB4 2HY

United Kingdom

Governing Law and Arbitration

 

For all citizens and residents of the United Kingdom, these Terms and any action related thereto are governed by the law of England without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, the Privacy Statement, their performance, or the Services shall be determined by one arbitrator in binding arbitration administered by the International Centre for Dispute Resolution (“ICDR”) pursuant to its current Arbitration Rules. The language of the arbitration shall be English.

To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.

Proceedings will be conducted on an individual basis. Neither you nor Ablescent will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the ICDR pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.

16.3     Other Regions and Countries

As we expand our Services to other regions and countries, we will update these Terms.

  1. Effective Date and History.

These Terms were last revised: July 21st 2016.