Welcome to the User Agreement for My Family Explorer and the web sites of its affiliates, including Feature Films for Families, Family Films, All Things Family, and New Movie Corporation (“My Family Explorer”). The following describes the terms on which My Family Explorer offers you access to our services, and governs your use of services available under the following “Web Sites”: www.myfam.com, www.familytv.com, www.familyfilms.com, www.allthingsfamily.com, and www.newmovie.com. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services.
You must read, and agree to be bound by, all of the terms and conditions set forth in this agreement before you use or access our services.
ACCEPTANCE OF TERMS. My Family Explorer is an Internet Service Provider, and a hosting service for email and personal web spaces. Acceptance of the these terms and conditions is automatic based upon use your use of any My Family Explorer service, or use of the Web Sites.
MEMBERSHIP ELIGIBILITY. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service in conjunction with your parents or guardians.
DISCLAIMER. WE PROVIDE SERVICES AND THE WEB SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITES, OR ANY SERVICES PROVIDED TO YOU. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES FO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE WEB SITES OUR THE USE OF OUR SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK. THIS DISCLAIM ER IS AN ESSENTIAL PART OF THIS AGREEMENT.
SERVICE. You understand that the services we provide may be interrupted, with out notice, for reasons that include malfunctions, maintenance, misuse, or other reasons. We are not responsible for such disruptions when they are caused by services or circumstances beyond our control like those occasioned by other companies or organizations, acts of God, strikes, acts of war, and other matters.
LINKS. We have not reviewed all the sites linked to the Web Sites and we are not responsible for the contents of any off-site pages or any other sites like to the Web Sites. A link from the Web Sites to any other site does not imply endorsement by My Family Explorer to the other sites. Linking to any other off-site pages or other sites is done at your own risk.
FEES. You agree to pay all fees charged or incurred by using our services and the Web Sites. We may change our fees from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars, and immediately due. Late payments will be assessed a finance fee of 1.5% per month, or the maximum amount allowed by law, whichever is less.
USER REVIEWS, COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to My Family Explorer or obtained during the use of the Web Sites (“Comments”) shall be and remain property of My Family Explorer. My Family Explorer shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; and (3) to respond to any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You further agree that no Comments submitted by you will not violate this Agreement or any right of any third party (including copyright or trademark), and will contain no libelous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
NOTICES: Unless otherwise stated, any notices shall be given by certified mail, return receipt requested to: Attn: Legal Department, My Family Explorer, 5286 South Murray, UT 84107, or to your email address you provide to My Family Explorer. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, return receipt requested, to the address provided to My Family Explorer.
TAXES, POSTAGE AND HANDLING: Unless otherwise expressly stated, you shall be responsible for the payment of: (1) all sales, use and other similar taxes arising from purchases of goods or services; and (2) all postage and handling charges, if any.
ORDERS, PRICING, AND QUANTITY LIMITS. You may order material or services from us. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available to purchase, inaccuracies or error in product or pricing information. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after you’ve paid, we will refund any amount paid by crediting your credit card or by another method. We strive to provide accurate product and pricing information, however, pricing or typographical errors may occur. We cannot confirm the price of any item until after your order. If any item is listed at an incorrect price or with incorrect information due to an error in pricing or production formation, we have the right, at our sole discretion, to refuse or cancel any orders placed for the item. In the event an item is mispriced, we may, at our discretion, either contact you for instruction or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. We reserve the right to limit the quantity of items purchased per person, per household, or per order. We will provide notification to you if such limits are applied.
LEGAL COMPLIANCE. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our services and the Web Sites.
INDEMNITY. You agree to indemnify and hold My Family Explorer (including as applicable its parents, subsidiaries, affiliates, officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or of your violation of any law or rights of a third party.
LIABILITY LIMIT. In no event shall My Family Explorer (including as applicable its parents, subsidiaries, affiliates, officers, directors, employees, and agents) be liable for lost profits, special, incidental, or consequential damages arising out of or in connection with our services or the Web Sites, or this agreement (however arising, including negligence). My Family Explorer’s (including as applicable its parents, subsidiaries, affiliates, officers, directors, employees, and agents) liability to you in any circumstance is limited to the greater of: (1) the amount of fees you pay to us in the 60 days prior to the action giving rise to liability; and (2) $____.
AMENDMENTS. We may amend this agreement at any time by posting the amended terms in this agreement or on the Web Sites. This agreement may not be otherwise amended except in writing signed by you and My Family Explorer.
CHOICE OF LAW. This agreement shall be governed in all respects by the laws of the State of Utah as such laws are applied to agreements entered into an to be performed entirely within Utah between Utah residents.
COPYRIGHT. The Web Sites and its contents are protected under copyright law. All rights are reserved, and any unauthorized use is prohibited. ©2003 Rekab Sudskany, L.C. You may not reproduce, distribute, display publish or prepare derivative works based on, repost, transmit, or otherwise use the content of the Web Sites WITHOUT MY FAMILY EXPLORER’S PRIOR WRITTEN PERMISSION. You may, however, download one cop of the material from the Web Sites into temporary storage on on computer for your PERSONAL, NONCOMMERCIAL HOME VIEWING OR USE ONLY, provided you do not delete or change any copyright, trademark, or other proprietary notices. Except as expressly provided above, nothing contained in this Agreement shall be construed as conferring a license or right under copyright or any other intellectual property right. If you are the owner of intellectual property who believes their intellectual property has been improperly posted or distributed via the Web Sites, please notify My Family Explorer at 5286 South Commerce Drive, #A116, Murray, UT 84107, Attn: Legal Department.
GENERAL. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding between us with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You and My Family Explorer are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by this agreement.