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.
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.
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.