Privacy. You should review the Privacy Statement posted elsewhere at the Site before using the Site.
No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age thirteen (13) or younger). Children should not use the Site or submit any information to Operator. By using this Site, you represent and warrant you are at least 13 years old and you hereby ratify any prior grant of rights, consents, agreements, assignments or waivers made by you. If you choose register an account, your account may be used only by you.
Ownership of Rights of Your Content. You hereby grant Operator and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the “License”) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator’s business in any formats and through any media channels. Operator may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission.
Posting Your Content. To post Your Content, you must register with the Site and obtain a login (“Your Account”). You agree to provide accurate current and complete information during the registration process, when contributing Your Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through Your Account as being used by you or someone authorized to act for you. You agree to be liable for any conduct used through Your Account and for any transactions associated with Your Account. You agree that we can rely upon the contact and other information that is supplied to us using Your Account and that we will rely upon such information. You agree and acknowledge that Your Account is non-transferable and non-assignable.
Prohibited Content. In addition to the prohibitions contained in the User Submitted Content Section, you agree not to post or submit to the Site any content or any other materials whatsoever that is:
- untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, invasive to another person’s privacy or protected data;
- infringing on a third party’s rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
- proprietary and confidential information for which you are not authorized to disclose;
- a software virus or any other computer file, program or code designed to interrupt, destroy, or limit the functionality of any computer equipment; or
- a robot, spider, scraper or other automated means to access the Site or extract data or gather or use information, such as email addresses, available from the Site.
Indemnification. You will indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Site.
Loss disclaimer. FamilyShare is not liable for any loss or damage incurred as a result of any content published, transmitted, submitted, e-mailed, posted or otherwise made available via the website or any other properties owned and operated by Deseret Digital Media, Inc.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, you may notify the following designated agent of Operator in writing:
Deseret Digital Media, Inc.
55 North 300 West
Salt Lake City, Utah 84101
Attn: Legal Department
Your written notification (the “Notification”) to the above-referenced designated agent must include substantially all of the following:
- Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of the works;
- Identification of the allegedly infringing material, together with information reasonably sufficient to permit Operator to locate the material;
- Information reasonably sufficient to permit Operator to contact you, such as your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;
- A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and
- A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.
Upon receipt of a Notification containing substantially all of the foregoing, Operator will take the following steps:
- Remove or disable access to the allegedly infringing material;
- Forward the Notification to the alleged infringer (the “Impacted Party”); and
- Take reasonable steps to promptly notify the Impacted Party that Operator has removed or disabled access to the allegedly infringing material.
The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of Operator. The written counter notification (the “Counter Notification”) must include substantially all of the following:
- Identification of the allegedly infringing material that was removed or disabled by Operator and the location where the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Impacted Party’s name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which Operator may be found; and
- A physical or electronic signature of the Impacted Party.
Upon receipt of a Counter Notification containing substantially all of the foregoing, Operator will take the following steps:
- Send you a copy of the Counter Notification;
- Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and
- Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification, provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.
Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
Disclaimer of Warranties. THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE” BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Content and Advice. The Operator does not monitor the accuracy or reliability of Content appearing on the Site. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available are those of the respective author(s) or distributor(s) and not of Operator. Operator does not endorse nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than an Operator employee acting within his/her official capacity.
- This Site Does Not Provide Medical Advice. Any content on this Site, such as text, graphics, images, information obtained from, or contained on this Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site! The owner and operator of this site do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by the Operator, including their employees, contractors or others appearing on the Site at the invitation of the Operator, or other visitors to the Site is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately.
- This Site Does Not Provide Legal Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site is for informational purposes only and is not legal advice. Information contained on this Site is not intended to create, and receipt of any information does not constitute, a lawyer-client relationship. You should NOT rely upon any legal information or opinions provided herein. You should not act upon this information without seeking professional legal counsel. Operator expressly disclaims all liability in respect to actions taken or not taken based on the content of this website. You are solely responsible for any legal decisions or actions you take or omissions you commit. Operator is not and shall not have any liability for your legal decisions based upon, or the results obtained from, the content on the Site.
- This Site Does Not Provide Financial or Investment Advice. Any content on this Site such as text, graphics, images, information obtained from, or contained on this Site should not be interpreted as financial or investment advice. Information contained on this Site is not intended, nor should it be interpreted, as creating any kind of investment advisor or financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein. You should consult with your investment advisor or conduct your own research before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Operator is not and shall not have any liability for your financial/investment decisions based upon, or the results obtained from, the content on the Site.
International Use. The Site is intended for use by legal U.S. residents. If you choose to access the Site from any location outside this area, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the State of Utah. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.
Unauthorized Use and Termination. You may use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.