Terms of Service
Welcome to FamilyID Inc. ("FamilyID"). These Terms of Service ("Terms of Service" or "Terms") govern your use of the web site www.hello.familyid.com, including all related domains and sub-domains and all related services (the "Platform"). FamilyID may change these Terms from time to time. You can click here to review the most current version of the Terms of Service.
By accessing and using the Platform, either as a Registrant or a Program Provider, as further described below, you agree to be bound by these Terms. If you do not agree with these Terms, do not use the Platform. If you have questions, please contact firstname.lastname@example.org.
User Account, Password and Security
For individuals or families who sign-up for an account with FamilyID (becoming a "Registrant"), you will use your unique email address and select a password. You are responsible for protecting your password, and for use of the Platform through your combination of email address and password. By signing up with the Platform, you agree that access to the Platform is being provided to you for your personal use, and not for providing services for any third party.
For those registering with the Platform as an “Organization” or "Program Provider" (including camps, schools or organizations) you will enable Registrants to submit to you via the Platform participation, enrollment or registration information, and you will be able to participate in promotions, marketing events and communications offerings as FamilyID makes generally available to Program Providers. When you register with FamilyID, you will use your unique email address and password. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify FamilyID of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FamilyID cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You represent that you are at least 18 years old, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and will comply with the Terms of Platform, and that you are not a person barred from using the Platform under the laws of the United States or other applicable jurisdiction. In any case, you affirm that you are at least 13 years old. You also agree to: (a) provide accurate and complete information about yourself or your family members, as prompted by the Platform’s registration process (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it accurate and complete
You understand that you are responsible for all information, including Registration Data, schedules, text, photographs, video, audio, messages, comments or the like ("User Information") that you post on or otherwise provide via the Platform. FamilyID has no liability for any User Information that is posted on or transmitted through the Platform. To ensure that your User Information is accurate, you should review and update it periodically.
You agree not to use the Platform in violation of law or take any actions that would harm or infringe the rights of anyone else. While FamilyID does not generally pre-screen User Information, it does reserve the right to pre-screen, refuse, or remove any User Information that it reasonably believes violate these Terms of Service or is otherwise objectionable.
The Platform is not intended for the collection, storage or maintenance of Social Security Numbers. Program Providers should not request, and Registrants should not provide Social Security Numbers via the Platform. FamilyID disclaims all responsibility for the listing of any Social Security Numbers on the Platform.
FamilyID reserves the right to access and disclose your account information and User Information if required to do so by law or in a good faith belief that doing so is reasonably necessary to: (i) comply with legal process or claims of third parties; (ii) enforce the Terms of Service; (iii) respond to your requests for customer service; or (v) protect FamilyID or its users. You may remove your User Information from the Platform at your discretion, including upon termination of your account.
Dealings with Third Parties
You are responsible for any registration, enrollment, correspondence or other dealings with other Registrants or Program Providers, or other third parties through the Platform. FamilyID will not be responsible for any problems or damage that result from these activities.
As you know, the primary purpose of the Platform is to help connect Registrants and Program Providers. FamilyID is not responsible for the activities of any Program Provider, and their participation on the Platform does not constitute an endorsement of such organization by FamilyID. Further, registration with a Program Provider via the Platform, will be subject the Registrant to the registration terms required by the Program Provider. FamilyID is not a party to any agreement or arrangement between Registrants and Program Providers, and we will have no liability with respect to any such arrangement.
Ownership of User Information
You retain full ownership of your User Information. However, by submitting User Information to the Platform, you grant FamilyID a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, display, transfer and distribute (i) the User Information solely in connection with its provision of the Platform, and (ii) User Information and any information relating to your use of the Platform, in aggregated, de-identified, statistical form only. All the information, content, media, image files, and materials provided on the Platform are protected by U.S. and international copyright laws and by other applicable laws. You understand that FamilyID is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and FamilyID does not provide others with such rights to your User Information.
If you submit any ideas regarding new products or services, these ideas will be the property of FamilyID.
Modifications to Platform
FamilyID reserves the right time to modify or discontinue, temporarily or permanently, the Platform (or any part of the Platform).
Termination of Account
You agree that FamilyID may, without prior notice and without liability to you or others, terminate, limit your access to or suspend your FamilyID account and access to the Platform. Cause for such termination, limitation of access or suspension will include, but is not limited to, (a) violations of these Terms of Service or other applicable agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Platform (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) suspected engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Platform.
Termination of your FamilyID account may include: (a) removal of access to all or part of the offerings on the Platform, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Platform.
You may cancel your FamilyID account at any time by submitting a termination request to FamilyID. Note that termination does not require FamilyID to return or delete your User Information, which may, for example, be stored on backups and archives. Your request to cancel your account does not entitle you to a refund of fees paid to FamilyID nor does it alter your obligation to pay any agreed upon fees.
FamilyID’s Proprietary Rights
You agree that the Platform and any software or other technology used in connection with the Platform contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content contained in promotions or other information presented through the Platform by Program Providers or others is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by FamilyID or the applicable third party (such as a Program Provider), you agree not to modify, transfer, distribute, publicly perform or create derivative works based on the Platform, such content or the software, in whole or in part.
FamilyID grants you a personal, non-transferable and non-exclusive license to access and use the Platform, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform or any underlying software.
You agree that all of FamilyID's trademarks, trade names, service marks and other FamilyID logos and brand features, and product and service names are trademarks and the property of FamilyID Inc. (the "FamilyID Marks"). Without FamilyID's prior written permission, you agree not to display or use in any manner the FamilyID Marks.
Disclaimer of Warranties, Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY ENGAGEMENTS BETWEEN REGISTRANTS AND PROGRAM PROVIDERS OR USE OF ANY PRODUCT OR SERVICE OFFERINGS LISTED ON OR PROVIDED VIA THE PLATFORM, IS AT YOUR SOLE RISK. WHILE FAMILYID WILL USE COMMERCIALLY REASONABLE TECHNOLOGY FOR PROTECTING YOUR REGISTRATION DATA AND USER INFORMATION, FAMILYID (A) MAKES THE PLATFORM AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PLATFORM OR ITS CONTENTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FAMILYID MAKES NO WARRANTY (A) THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM. ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT IF YOU RECEIVE ANY SERVICES, CONTENT OR INFORMATION THROUGH USE OF THE PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT, AS BETWEEN YOU AND FAMILYID, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR. IN NO EVENT SHALL FAMILYID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE, THE PLATFORM OR ANY PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, INCLUDING THE OFFERINGS OF ANY PROGRAM PROVIDERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAMILYID IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT FAMILYID SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT FAMILYID WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE PLATFORM ABSENT SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless FamilyID, its officers, directors, employees, agents, licensors, affiliates, and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, damages, obligations, losses, costs or debt, and expenses (including but not limited to reasonable legal and accounting fees) arising or resulting from your use or misuse of the Platform, your violation of any term of these Terms of Platform, any violation of any third party right, including without limitation any intellectual property, privacy or publicity right by you or any other subscriber or user of your account, or any claim that your User Information caused damage to a third party. This defense and indemnification obligation will survive these Terms of Platform and your use of the Platform.
Notice and Procedure for Making Claims of Copyright Infringement Under the Digital Millennium Copyright Act
FamilyID respects the intellectual property of others, and we ask our users to do the same. FamilyID may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who have infringed others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FamilyID's Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platform;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
FamilyID's Agent for Notice of Claims of Copyright is: Rochelle Nemrow, FamilyID Inc., 1050 Waltham Street, Suite 110, Lexington, MA 02421; email email@example.com.
These Terms of Service constitutes the entire agreement between you and FamilyID and governs your use of the Platform, superseding any prior version of these Terms of Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FamilyID services, affiliate services, third-party content or third-party software. You and FamilyID agree that the Terms of Service and the relationship between us will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions and that all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and FamilyID, will be brought exclusively in the state and federal courts of the Commonwealth of Massachusetts. You agree to waive all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts in any such dispute. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The failure of FamilyID to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FamilyID without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.