FamilyLearn Terms of Use

Welcome to FamilyLearn! We love family stories and this site is all about preserving and sharing stories. For the protection of our partners, suppliers, you and us, however, the Terms of Use of FamilyLearn.com are very important.

Please read the following terms of use and disclaimer carefully before using the www.memorypress.com, www.pyxlin.com or www.familylearn.com websites or a site powered by one of these sites, hereafter referred to as "this site."

By using this site you agree to these terms of use. If you do not agree to these terms, DO NOT USE THIS SITE. FamilyLearn, Inc., reserves the right, at any time, to modify, alter, or update these Terms of Use, and by using this site you agree to be bound by such modifications, alterations, or updates. All site design, text, graphics, interfaces, and the selection and arrangements thereof are ©2007 FamilyLearn, Inc., all rights reserved.

Trademarks

All trademarks, service marks, and trade names are proprietary to FamilyLearn, Inc.

Use of Content on Site

You may use the content of this site solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such content. No other use is permitted. You may not, for example, incorporate the content in any database, compilation, archive or cache.

User-Created Content

By placing material on, or communicating with, this site, including for example submission of a life story, tribute, memory, or photo, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Use, and that it will not cause injury to any person or entity.

When you select the "public" option signing up, you grant FamilyLearn, Inc., its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize FamilyLearn, Inc. to include the information you provide in a searchable format that may be accessed by users of this Web site and other Web sites. You also grant FamilyLearn, Inc. and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Disclaimer

The information, services, products, and materials contained on this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, FamilyLearn, Inc. disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, FamilyLearn, Inc. does not represent or warrant that the information accessible via this site is accurate, complete, or current. Price and availability information is subject to change without notice.

Removal of Content

We reserve the right to remove any content that does not meet company standards. In cases in which payment has been made, will issue a full refund (minus a 15 percent processing fee). Without limiting our right to remove content, we have attempted to provide guidelines for posting content on our site.

When using this site, it is strictly prohibited to post material that:

  • contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
  • violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
  • unfairly interferes with any third party's uninterrupted use and enjoyment of this site.
  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • uploads copyrighted or other proprietary material of any kind on this site without the express permission of the owner of that material.
  • includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
  • uploads or transmits viruses or other harmful, disruptive or destructive files.
  • disrupts, interferes with, or otherwise harms or violates the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this site or affiliated or linked sites, "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

Permanence Disclaimer

FamilyLearn, Inc., guarantees that each family history compliant with the Terms outlined herein will remain on our website for the duration of our existence.

Unlimited Storage Disclaimer

FamilyLearn, Inc., permits you as much storage space as needed for the book project. Accounts used for serving images to other websites, for unnecessary storage amounts (exceeding 1 GB) or for purposes other than creating a book of memories for someone special, will be scrutinized and shut down if they are not abiding by the Terms outlined herein.

Limitation on Liability

In no event shall FamilyLearn, Inc. be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if FamilyLearn, Inc. has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, and materials available from this site. These limitations shall apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to all visitors.

Links Disclaimer

Although FamilyLearn, Inc. tries to identify the most beneficial links, the Web sites specified are created and maintained by organizations independent of FamilyLearn, Inc.. FamilyLearn, Inc. has no control of these sites, nor can it guarantee the accuracy, completeness, or timeliness of the information. Use of the information is voluntary, and reliance on such information should be made only after independent review. References to commercial products or services within any of these sites does not constitute or imply an endorsement by FamilyLearn, Inc.. By using this site you acknowledge that FamilyLearn, Inc., is responsible neither for the availability of, nor the content located on or through any external site. Please contact FamilyLearn, Inc. if you have any concerns regarding such links or the content located on such external sites. You agree to indemnify and hold FamilyLearn, Inc. harmless from any claims for damage made by others in connection with FamilyLearn, Inc.

Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to FamilyLearn, Inc. must be filed in a federal or state court located in Salt Lake City, Utah within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim.