Effective date: October 13, 2020
Welcome to FAM! These Terms of Service (“Terms”) apply to your use of our website(s), products, services, and applications, including the FAM app (collectively, the “Services”). These Terms are a binding contract between you and SpotMap, Inc., owner of FAM (“FAM,” “we” and “us”), so it’s very important that you carefully read them.
BY CREATING AN ACCOUNT WITH US, USING THE SERVICES IN ANY WAY, OR DOWNLOADING OUR APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you don’t wish to be bound by the Terms, do not click create an account with us and do not use the Services. Declining to accept these Terms means you will be unable to use our Services.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER DISCUSSED BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
We want our Services to be safe and secure for everyone. To use our Services, the following restrictions apply.
When you create an account in the FAM app, you will choose a username and we will also ask you for your mobile phone number so that we may send you an SMS text message to confirm your account registration and login. Your username and access to SMS text messages at a valid phone number are needed to use the FAM app. As a registered user, you can update your account settings by logging into your account and clicking “Settings.” Note that if you logout or delete your account, you may be required to create a new account. We may, in our sole discretion, reject, change, suspend and/or terminate your username or your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to access your account or access Services through your Account. Your account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your account or any other breach or threatened breach of our security or the security of your account.
In addition, you agree that:
FAM takes your privacy very seriously. To learn about how FAM collects and uses your information, please click here.
The FAM app provides a platform for its users to participate in individual and group video calls with other users, and communicate by messaging with other users. If you and another user “follow” each other in the FAM app, you will be a “Friend” of each other. You can join your Friends on individual video calls, join group video calls with your Friends, and message your Friends, but users who are not your Friends must approve your request to join video calls and your messages.
If you choose to import your personal contacts from your mobile device we will access your personal contacts in order to identify users that you may know that are using the Services and to provide other users with suggestions for potential Friends based on mutual contacts.
We may offer you the opportunity to invite your Friends or other contacts to join your group video chats or otherwise enjoy the Services. If you choose to invite one or more of your Friends or contacts using text messaging (SMS) or another communications app, we may suggest content for the message (which you may be able to edit and approve in certain instances). You may send invitations via the messaging functionality on your device or through text messages generated by the Services. If you choose to send such invitations, you represent to us that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
The Services may include an optional personality test. The test is purely for entertainment purposes only, is not clinically administered, is not any type of medical or psychological advice, should never be relied on for any decisions, and should never be used to diagnose any type of disorder or condition. Persons requiring diagnosis or treatment should contact a professional health care provider. We make no representations and expressly disclaim any and all liability for the accuracy of the test.
You represent and warrant to us that (1) you have the right, authority, and capacity to agree to these Terms, to register for an account (if applicable), and to use the Services; (2) you will comply with these Terms when using the Services; and (3) all information you supply to us is complete, accurate and current, and you have the right to provide it to us without violating the rights of any third party.
Safety is a core philosophy at FAM, and we need your help to try to keep our Services safe. So to use the Services, you agree that:
When you use our Services, you may create, display, post, send, receive, upload, and store content (“Content”). For us to provide the Services, you must grant us certain rights to use your Content. You retain whatever ownership rights you have in your Content, but subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display any and all Content, and waive any moral rights you may have in your Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services, and researching and developing new ones. Additionally, when you appear in, create, upload, post, or send Content, you also grant us the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. You will not be entitled to any compensation from us if we use your Content or if your name, likeness, or voice is used or conveyed in connection with the Services. It is very important to note that, except for Limited Audience Content (defined below), your Content may be accessed and viewed by other users and the public to the full extent permitted by the functionality of the Services.
If you submit Content in a manner that only certain specified users can view (such as, for example, a private message to one or more users) (“Limited Audience Content”), then you grant us the licenses above, but only for the purpose of providing the Services to you and making that Limited Audience Content available or accessible to such other specified users. Also, you grant such other specified users the right to access the Limited Audience Content to the full extent permitted by the functionality of the Services.
We may modify or adapt Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We welcome feedback and suggestions from our users, however, please note that if you provide feedback or suggestions to us, they will not be kept confidential and we may use them without compensating you, and without any restriction or obligation to you.
If your account is cancelled or terminated, we may permanently delete your Content from our servers.
Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to access and use the Services in accordance with these Terms. You acknowledge that you are receiving licensed rights only. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Services; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Services.
Any software that we provide to you in connection with the Services may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
We reserve and retain all rights not specifically granted in these Terms.
In addition, we may change or alter your username and remove any content from the Services, including your Content, if we believe it is appropriate or necessary to do so.
Our Services exist to connect people and allow them to share content with each other, so by using our Services you understand that you may access content that is created by other users (“User Content”). We are a passive conduit for User Content. All User Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such User Content originated, and you access all such information and User Content at your own risk. We are not responsible for User Content in any way, including its accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety, or any intellectual property rights therein, and are not responsible for any errors or omissions in User Content, or for any damages or loss you might suffer in connection with it. Although we reserve the right to review all content and User Content that appears on the Services and to remove any content or User Content that violates these Terms, our Community Guidelines or the law, we do not necessarily review all of it. We also cannot guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
Additionally, the Services may contain or make available access to information, products, services and other materials from third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of third party materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such third party materials (such as terms of service or privacy policies of the providers of such third party materials).
All of our products and services, all FAM logos, symbols, names, trade dress or “look and feel”, and those portions of the Services that are property of FAM, as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Services does not convey or imply the right to use the Services in combination with any other information or products.
The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
FAM’s Designated Agent is: Michael McIntyre, firstname.lastname@example.org
Our Services are continuously evolving and improving. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether, in whole or in part. We may impose limits on certain features, or restrict access in certain ways. We may take any of these actions at any time, and we may not provide you with prior notice when we do so.
You are responsible for any mobile charges that you may incur by using our Services. Please contact your mobile service provider for specific information about the types and amounts of these charges.
You may terminate these Terms and stop using the Services at any time. You may terminate your account by deleting your account in your account settings.
FAM may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits, restrictions, or requirements on your ability to use our Services.
Provisions that, by their nature, should survive termination of these Terms shall survive. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
You agree, to the fullest extent permitted by applicable law, at your own cost and expense, to indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (a) your access to or use of the Services; (b) your Content; and (c) your breach of these Terms.
We try to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US OR VIA THE SERVICES ARE “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, INACCURATE, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE WILL BE RESPONSIBLE FOR.
We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of: (1) use, access or attempted use or access of the Services; (2) accessing, receiving, or downloading any information from the Services; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these Terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU RELATING TO THE SERVICES OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $100. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; accordingly, the limitations and exclusions set forth in this Section may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SPOTMAP, INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. These Terms are governed by the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location.
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services. You consent to our providing you notifications about the Services or information the law requires us to provide via notifications through the Services, SMS messages to the mobile phone number associated with your account, or to any email address associated with your account. Notices through the Services, through SMS messages, or emailed to you will be deemed given and received when the notice, SMS message, or email is sent. If you do not consent to receive notices electronically, you must close your account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
By downloading the FAM mobile application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website or on our application of any material changes, and you can see when these Terms were last revised by referring to the “Effective date” above. Your continued use of the Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
If you have any comments, questions, concerns, or suggestions about these Terms, please contact us at email@example.com.
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