Terms And Conditions of Use - MyFamilyGems

Terms & Conditions

Terms And Conditions

ACCEPTANCE OF TERMS OF SERVICE

This terms of use (the “Agreement” or “Terms”) is an agreement between you and the website www.MyFamilyGems.com (collectively, “MyFamilyGems.com”, "us", "our" or "we") and sets forth the legally binding terms for your use of the website www.MyFamilyGems.com, and other interactive properties, including our mobile applications and mobile-focused websites. The Terms govern your use of the MyFamilyGems.com Applications (however accessed and/or used, whether via personal computers, mobile devices or otherwise and any other means or applications in which you connect with us or use our Services).

Each time that you access or use MyFamilyGems.com Applications you signify that you have read, understand, and agree to be bound by our privacy policy incorporated herein by reference. If you do not agree to any of the terms of the privacy policy or the Terms, you must discontinue using MyFamilyGems.com Applications and Services.

Contact and Electronic Communications

By accessing the MyFamilyGems.com Applications or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

YOUR USE OF THE MyFamilyGems.COM APPLICATIONS

MyFamilyGems.com provides a network platform for users to connect with their family members, store their records, images, documents and personal information along with family database. Part of information is available to family members and other users as prescribed in the website terms and conditions. The MyFamilyGems.com searches made available by and through the MyFamilyGems.com Applications, are provided for informational purposes only. MyFamilyGems.com shall not be responsible or liable for the accuracy, usefulness, availability or unavailability of any information transmitted or made available via the MyFamilyGems.com Applications. MyFamilyGems.com does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any MyFamilyGems.com searches. MyFamilyGems.com also reserves the right to delete any information from its databases at any time.

Content Posted on the Site:
  • (a) You understand and agree that MyFamilyGems.com may review and delete any content, messages, forum posts, blogs, photos, or family tree records (collectively, "Content") that in the sole judgment of MyFamilyGems.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
  • (b) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
  • (c) By posting Content to any public area of MyFamilyGems.com, you automatically grant, and you represent and warrant that you have the right to grant, to MyFamilyGems.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  • (d) MyFamilyGems.com 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.
No Guarantee

You acknowledge that the Services are provided "as is." Users should use extreme caution when interpreting search results. Some of the information provided in searches is based upon logic-based assumptions from information in our database. You must verify any information you gather from our MyFamilyGems.com as our search results could be incorrect.

Personal Use Only

The MyFamilyGems.com Applications, the Content and the Services are intended for your personal, non-commercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or MyFamilyGems.com Applications, in any medium, without MyFamilyGems.com's prior written consent, or (ii) alter or modify any part of the MyFamilyGems.com Applications other than as may be reasonably necessary to use the MyFamilyGems.com Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the MyFamilyGems.com Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the MyFamilyGems.com Applications or any computer software or hardware or telecommunications equipment. You may not use the MyFamilyGems.com Applications or Services in any manner that could damage, disable, overburden, or impair any MyFamilyGems.com server, or the network(s) connected to any MyFamilyGems.com server, or interfere with any other party’s use and enjoyment of any MyFamilyGems.com Applications or Services. You may not attempt to gain unauthorized access to any MyFamilyGems.com Applications or Services, other accounts, computer systems or networks connected to any MyFamilyGems.com server or to any of the MyFamilyGems.com Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MyFamilyGems.com Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through MyFamilyGems.com Applications or Services, including any proprietary communications protocol used by MyFamilyGems.com. You may not use information obtained from the MyFamilyGems.com Applications to transmit any commercial, advertising or promotional materials, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule.

You also agree to adhere to the following:
  • You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person
  • You will not use the Services to seek information about or harm minors in any way
  • You will not use the Services to seek information about celebrities or public figures
  • You will not use the Service to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual
  • You will not resell any of the information you obtain from the Services without our prior written consent
  • You will take reasonable steps to ensure that the information you receive from the Services is stored in a secure manner
Registration Obligations

In consideration of your use of the MyFamilyGems.com Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our services. MyFamilyGems.com reserves the right to deny, in its sole discretion, any user access to the MyFamilyGems.com Applications or Services without notice for any or no reason.

Security of Username and Password

You are entirely responsible for maintaining the confidentiality of your password and account for any MyFamilyGems.com Applications you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MyFamilyGems.com immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by MyFamilyGems.com). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by MyFamilyGems.com or another party due to someone else using your account or password.

MyFamilyGems.com SERVICES

Individual Searches

You can use the MyFamilyGems.com Applications to search for basic information, as applicable, about people registered on site.

SERVICES PROVIDED BY MyFamilyGems.com

Modification to Services

MyFamilyGems.com has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of MyFamilyGems, if you don’t agree then stop using those Services.

Accuracy of Information

All data and representations provided by you and your family members are not verified by us through any legal, private investigation or other professional services. You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not use the information obtained from MyFamilyGems.com Applications or Services to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from this MyFamilyGems.com Applications or Service. You further agree not to provide any information obtained from this MyFamilyGems.com Applications or Services to any third party.

PROPRIETARY RIGHTS

Ownership of Content and Marks

The Services, and all material published on or accessible through the MyFamilyGems.com Applications, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials on the MyFamilyGems.com Applications (together “Content”) is owned by MyFamilyGems.com or its licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights.

No Other License Granted

Except for allowing you to use the MyFamilyGems.com Applications and Service for your personal use as set forth in the paragraph above, when you use the MyFamilyGems.com Applications or Service, you are not receiving a license or any other rights from MyFamilyGems.com, including intellectual property or other proprietary rights of MyFamilyGems.com. You understand that you have no rights to the MyFamilyGems.com Applications or Services or any other MyFamilyGems.com property except as indicated in these Terms.

LEGAL NOTICES

Disclaimer of Warranties

You understand that your use of the myfamilygems.com applications and services (including any downloads or any loss of data or other damage to your computer system or mobile device you experience from using myfamilygems.com applications and services) is at your sole risk. You understand that the myfamilygems.com applications and services are provided on an "as is" "where-is" and "where available" basis, and are subject to change at any time without notice to you. You acknowledge that myfamilygems.com makes no warranty that the myfamilygems.com applications or services will be uninterrupted, timely, secure, or error-free. You understand that myfamilygems.com does not warrant that the results obtained from your use of the myfamilygems.com applications or services will meet your expectations. No warranty of any kind, whether oral or written, can modify the terms of the disclaimer set forth in this document. If you are dissatisfied with any of the content contained in the myfamilygems.com applications or services, or with the services, or with any of these terms, your sole and exclusive remedy is to discontinue accessing and using the myfamilygems.com applications and services and cancel the services subject to the cancellation policies set forth herein. To the fullest extent permitted by law, myfamilygems.com disclaims all representations, warranties, and conditions of any kind (express, implied, statutory, or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title, and non-infringement of proprietary rights) as to the myfamilygems.com applications and services.

All content, products and third party services on the myfamilygems.com applications, or obtained from a website to which the myfamilygems.com applications are linked are provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Myfamilygems.com does not endorse and is not responsible for the merchantablity of any product or service accessed from the myfamilygems.com applications or a linked site. Other than as required by law, under no circumstance will myfamilygems.com be liable for any loss or damage caused by your reliance on information obtained through the myfamilygems.com applications or a linked site, or your reliance on any product or service obtained from the myfamilygems.com applications or a linked site.

Liability Limitation

To the maximum extent permitted by applicable law, in no event will myfamilygems.com or its affiliates be liable to you (or any third party making claims through you) for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance, or non-performance of the myfamilygems.com applications or the services, even if myfamilygems.com has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise. Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. Moreover, under no circumstances will we, our licensors or licensees, be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our or their reasonable control. We may change or delete goods and services available, content or features of our services in any way, at any time and for any reason or no reason. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then myfamilygems.com’s aggregate liability for all claims under such circumstances for liabilities shall not exceed the greater of the aggregate amount you paid for your services in the six months preceding the incident which is the subject of the claim or $10. The limitations, exclusions and disclaimers in this section and elsewhere in these terms apply to the maximum extent permitted by applicable law.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

No liability for accumulated Content

When using the MyFamilyGems.com Applications, you may accumulate content in your account that resides as data on our servers. MyFamilyGems will endeavour to keep your family records, data and content safe, but due to any unforeseen circumstances if it is deleted, in whole or in part, altered, moved or transferred at any time for any reason in MyFamilyGems.com’s sole discretion with or without notice and with no liability of any kind. MyFamilyGems.com DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON MyFamilyGems.com’Shired SERVERS.

Indemnity/Release

You understand that you are personally responsible for your behaviour while on the MyFamilyGems.com Applications or using the Services and agree to indemnify and hold MyFamilyGems.com, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the MyFamilyGems.com Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.

GENERAL
Term and Termination

The Agreement will be valid till you use our services. MyFamilyGems.com reserves the right to suspend or terminate your access to the MyFamilyGems.com Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Age Requirements

The MyFamilyGems.com Applications user must be over 18 years of age. Parents or adults can make profile of their kids and use on behalf, which can be transferred kids when they are over 18years of age.

Electronic Form/Communications

We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. By accessing the MyFamilyGems.com Applications or Services, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically.

Access to Services

MyFamilyGems.com may time to time carry out planned or unplanned maintenance, improvement on site, you may or may not be informed before it. We reserve the right to therefor reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. MyFamilyGems.com also reserves the right to change, modify, discontinue, suspend or abandon the MyFamilyGems.com Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.

Availability and Use Outside of the United States

The MyFamilyGems.com Applications and Services are controlled from facilities in the United States. MyFamilyGems.com makes no representations that the MyFamilyGems.com Applications or Services are appropriate or available for use in other locations. Those who access or use the MyFamilyGems.com Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Updates to Terms

MyFamilyGems.com reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date shown. Your continued use of the MyFamilyGems.com Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the MyFamilyGems.com Applications and/or Services. Note that special terms or rules may apply to some services offered on the Sites or MyFamilyGems.com Applications, such as rules for particular promotions, applications or other features or activities. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the MyFamilyGems.com Applications or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

RESOLUTION OF DISPUTES
Governing Law

These Terms shall be governed by and construed in accordance with the laws India, (Delhi) without application of conflict of laws rules.              

Resolution of any Dispute

In the event a dispute arises between you and MyFamilyGems.com, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us using our contact form located at http://www.myfamilygems.com/home/contactus. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:

Limitation of Legal Remedies

In the event a dispute arises between you and MyFamilyGems.com, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us using our contact form located at http://www.myfamilygems.com/home/contactus. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed: INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS.You and MyFamilyGems.com agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from MyFamilyGems.com Applications; claims that may arise after the termination of your Membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory..

Class Action Waiver

We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).

Choice of Law

This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by Laws in India.

Exception

Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival

This arbitration provision shall survive termination of this agreement and the closing of your account or membership.

Severability

If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.

MISCELLANEOUS

These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and MyFamilyGems.com. They supersede any and all prior or contemporaneous agreements between you and MyFamilyGems.com relating to your use of the MyFamilyGems.com Applications or the Services. MyFamilyGems.com may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of MyFamilyGems.com to partially or fully exercise any rights or the waiver of MyFamilyGems.com of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by MyFamilyGems.com or be deemed a waiver by MyFamilyGems.com of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of MyFamilyGems.com under these Terms, its Policies and any other applicable agreement between you and MyFamilyGems.com shall be cumulative, and the exercise of any such right or remedy shall not limit MyFamilyGems.com's right to exercise any other right or remedy.