1. Acceptance of Terms
When using particular Survivify owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. These Terms govern your access to and use of the Survivify service (Service). If you agree to these Terms, and wish to use the Service, please click on the join link. This will constitute a binding agreement between you and Survivify. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. Note that any violation of these Terms may result in termination of the Survivify service to you.
Survivify reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Survivify makes any such changes, you agree to be bound by the revised Terms.
2. Description of Service
Survivify currently provides members with access to a number of online resources for creating and hosting personal logs, charts, media sharing, commenting, personal messaging, and privacy permissions. User created content such as data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") may reside on Survivify's servers or on the servers of a third party. Unless clearly stated otherwise, any new features added to the current Service will be subject to these Terms.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for Survivify to provide the Service. You also understand and agree that the Service may include certain communications from Survivify, such as service announcements and administrative messages and that these communications are considered part of Survivify membership.
3. Your Registration Obligations
In order to use the Survivify Service, you must first register with Survivify by completing the membership application. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Survivify has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Survivify has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. Survivify Privacy and Copyright Policies
5. Member Account, Password and Security
You will select a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Survivify of abuse 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. Survivify cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. You must keep your password confidential so that no one else may access the Service through your Account. To notify Survivify of any abuse, please send email to the Survivify community team.
6. Member Conduct
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Survivify, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Survivify does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation of the following terms and guidelines or any other provision of these Terms, it will be Survivify's sole discretion as to what action should be taken. To notify Survivify of any abuse, please send email to the Survivify community team.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Survivify official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
You acknowledge that Survivify may or may not pre-screen Content, but that Survivify and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Survivify and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Survivify or submitted to Survivify, including without limitation information in Survivify Community Areas, and in all other parts of the Service.
You acknowledge, consent and agree that Survivify may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Survivify, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Survivify and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. General Practices Regarding Use and Storage
Survivify may, from time to time, establish general practices and limits ("Limits") concerning the use of the Service, including without limitation: (a) maximum limits on storage space; (b) maximum limits on bandwidth usage. Such Limits are set according to the level of Service for which you have registered. If you exceed the Limits set forth for your Service level, Survivify reserves the right, at its sole discretion, to: (i) delete Content leading to the exceeding of such Limits; (ii) suspend your Account until you have brought your Account within such Limits; or (iii) charge you for exceeding such Limits under the terms set forth in the Fee schedule for your chosen level of Service.
You agree to indemnify and hold Survivify, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
10. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Survivify I.D.), use of the Service, or access to the Service.
11. Modifications to Service
Survivify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Survivify shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Survivify may, under certain circumstances and without prior notice, immediately terminate your Survivify account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Survivify account includes (a) removal of access to all offerings within the Service, (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 further use of the Service. Further, you agree that all terminations for cause shall be made in Survivify's sole discretion and that Survivify shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
13. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Survivify shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. Proprietary Rights
Survivify does not claim ownership of the Content you upload, post, or otherwise transmit via the Service. By submitting the Content to Survivify for inclusion on your account, you grant Survivify a world-wide, royalty-free, and non-exclusive license: (i) to host, use, reproduce, modify, adapt, distribute, transmit, and publicly display the Content on and through the Service; and (ii) to sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, the Services. This license exists only for so long as you continue to be a Survivify member, and will terminate when your membership terminates. By submitting Content to Survivify, you warrant and represent that you own or otherwise control the rights necessary to grant the above licenses.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Survivify, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SURVIVIFY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SURVIVIFY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURVIVIFY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Electronic Communications Privacy Act Notice (18USC 2701-2711): SURVIVIFY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED IN CONNECTION WITH THE SERVICES OR ON OUR WEBSITE OR ANY WEB-SITE LINKED TO OUR WEBSITE. Survivify will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by our website, or otherwise connected with your use of the Services.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SURVIVIFY SHALL NOT BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS IN THE AGGREGATE OF THE FEES PAID BY YOU FOR THE SERVICES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SURVIVIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. Fees and Payments
Some of the Services may require payment of fees. You shall pay all applicable fees, as described on our website in connection with such Services selected by you. We reserve the right to change our price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on our website. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
18. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
Survivify may provide you with notices, including those regarding changes to the Terms, either by email, regular mail, or postings on the Service.
20. General Information
Entire Agreement. The Terms constitutes the entire agreement between you and Survivify and governs your use of the Service, superseding any prior agreements between you and Survivify with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Survivify services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Survivify shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Survivify agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Survivify to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
Statute of Limitations. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Any questions regarding these Terms should be mailed to the Survivify community team.