Terms

Terms and Conditions of Use Agreement

Effective: July 16, 2008

FamilyCluster.com (“Family Cluster” or “we”) is a social networking service that allows members to create and join Clusters; and create content in order to communicate with relatives. The services offered by Family Cluster include any Family Cluster-branded URL (the "Family Cluster Website") and any other features, content, or applications offered from time to time by Family Cluster in connection with Family Cluster’s business (collectively, the "Family Cluster Services"). The Family Cluster Services are hosted in the United States.

This Terms and Conditions of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Family Cluster Services. By using the Family Cluster Services, you agree to be bound by this Agreement, and you acknowledge receipt, understanding, and agreement of the Family Cluster Privacy Policy, whether you are a "Visitor" (which means that you simply browse the Family Cluster Website, including through a mobile device, or otherwise use the Family Cluster Services without being registered) or you are a "Member" (which means that you have registered with Family Cluster). The term "User" refers to a Visitor or a Member. You are only authorized to use the Family Cluster Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Family Cluster Website and discontinue use of the Family Cluster Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Family Cluster Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes Family Cluster's policy for acceptable use of the Family Cluster Services and Content posted on or through the Family Cluster Services and your rights, obligations and restrictions regarding your use of the Family Cluster Services and Content posted on or through the Family Cluster Services. In order to participate in certain Family Cluster Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Family Cluster. Unless otherwise provided by the additional terms and conditions applicable to the Family Cluster Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Family Cluster may modify this Agreement from time to time and such modification shall be effective upon posting by Family Cluster on the Family Cluster Website. Your continued use of the Family Cluster Services after Family Cluster posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the Family Cluster Services and that you provide to other Users. Your Family Cluster profile, signature and/or all content you create may not include any form of Prohibited Content. Despite this prohibition, information, materials, products or services provided by other Family Cluster Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Family Cluster assumes no responsibility or liability for this material. If you become aware of misuse of the Family Cluster Services by any person email the Family Cluster Webmaster and select the “Report abuse” category.

Family Cluster reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Family Cluster Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Family Cluster expressly reserves the right to remove all created content and/or deny, restrict, suspend, or terminate your access to all or any part of the Family Cluster Services if Family Cluster determines in its sole discretion that you have violated this Agreement or pose a threat to Family Cluster and/or its Users.

1. Eligibility.
1.1 Use of the Family Cluster Services and registration to be a Member for the Family Cluster Services (“Membership”) is void where prohibited. By using the Family Cluster Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or if you are under 18 years of age you have obtained your parent’s permission; and (e) your use of the Family Cluster Services does not violate any applicable law or regulation.
2. Term
2.1 This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Family Cluster Services or are a Member. You may terminate your Membership at any time, for any reason, by emailing the Family Cluster Webmaster and selecting the “Cancel account” category. Family Cluster may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement in its entirety will remain in effect.
3. Fees
3.1 You acknowledge that Family Cluster reserves the right to charge for any portion of the Family Cluster Services and to change its fees (if any) from time to time in its discretion. If Family Cluster terminates your Membership because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password
4.1 When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Family Cluster immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members
5.1 The Family Cluster Services are for the personal use of Members and may not be used for promotional purposes. Illegal and/or unauthorized use of the Family Cluster Services, including collecting usernames, user id numbers, email addresses and/or other personal information of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Family Cluster Website is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation are not authorized. Family Cluster reserves the right to take appropriate legal action for any illegal or unauthorized use of the Family Cluster Services.
6. Proprietary Rights in Content on Family Cluster.
6.1 Family Cluster does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials posted to the website (collectively, “Content”), and/or posted in a Cluster (collectively, “Private Content”) or posted to a public section of the website, such as but not limited to the Articles section, Blog section, and/or Forums section (collectively, “Public Content”).
6.2 By displaying or publishing ("posting") any Public Content on or through the Family Cluster Services you hereby irrevocably grant to Family Cluster, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute and to incorporate the Public Content into other works in any format or medium now known or later developed.
6.3 By posting any Private Content on or through the Family Cluster Services, you hereby grant to Family Cluster a limited license to use, modify, delete from, and add to; royalty free, non-exclusive, solely on or through the Family Cluster Services. Private Content will not be distributed outside the Family Cluster Website or outside of the Cluster to which it was originally posted to.
6.4 The license you grant to Family Cluster is non-exclusive (meaning you are free to license your Content to anyone else in addition to Family Cluster), fully-paid and royalty-free (meaning that Family Cluster is not required to pay you for the use on the Family Cluster Services of the Content that you post), sub licensable (so that Family Cluster is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Family Cluster Services), and worldwide (because the Internet and the Family Cluster Services are global in reach).
6.5 You represent and warrant that: (i) you own the Content posted by you on or through the Family Cluster Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Family Cluster Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Family Cluster Services.
6.6 The Family Cluster Services contain Content of Family Cluster ("Family Cluster Content"). Family Cluster Content is protected by copyright, trademark, patent, trade secret and other laws, and Family Cluster owns and retains all rights in the Family Cluster Content and the Family Cluster Services. Family Cluster hereby grants you a limited, revocable, non-sub licensable license to display the Family Cluster Content (excluding any software code) solely for your personal use in connection with viewing the Family Cluster Website and using the Family Cluster Services.
6.7 The Family Cluster Services contain Content of Users and other Family Cluster licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Family Cluster Services.
6.8 Family Cluster performs technical functions necessary to offer the Family Cluster Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Family Cluster Services.
7. Content Posted.
7.1 Family Cluster may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Family Cluster violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Family Cluster assumes no responsibility for monitoring the Family Cluster Services for inappropriate Content or conduct. If at any time Family Cluster chooses, in its sole discretion, to monitor the Family Cluster Services, Family Cluster nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Family Cluster Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You acknowledge that Cluster Managers maintain certain responsibilities (as outlined in the Cluster Management section) to Cluster(s) they manage and agree not to hold Family Cluster liable in any way for any actions that causes you harm whether intentional or by mistake, by any Cluster Manager.
7.4 You acknowledge that Posting a Family Post or Poll (collectively “Posts”) is visible to all Clusters to which it is posted to. Family Cluster places a “Posted in” notification on Posts for the Users information.
7.5 You acknowledge that all Comments (replies to Posts) created and posted by the User are attached and bound to the Post in which it was posted to. All Comments are visible to Members who belong to all Clusters to which the original Post was posted to.
8. Cluster Management and Cluster Manager’s Responsibilities.
8.1 Cluster Managers control the privacy settings of a Cluster. Cluster Managers agree to keep all Clusters on the Family Cluster Website private by setting the Membership Requests option to moderated, invite only, or closed.
8.2 Cluster Managers agree to always keep their Cluster(s) set to Private.
8.3 Cluster Managers agree to moderate all Posts to their Cluster(s) and to report all inappropriate use to Family Cluster by clicking the Contact Family Cluster link at the bottom of the Family Cluster Website.
8.4 Members are authorized to create a maximum of two (2) Clusters.
8.5 Cluster Managers acknowledge that appointing Cluster Administrators gives those Cluster Administrators the same rights and responsibilities as the Cluster Manager. The Cluster Manager agrees to accept responsibility for all actions of Cluster Administrators they appoint.
9. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Family Cluster Services. Family Cluster reserves the right to investigate and take appropriate legal action against anyone who, in Family Cluster's sole discretion, violates this provision, including without limitation, removing the offending Content from the Family Cluster Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Family Cluster:
9.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.2 harasses or advocates harassment of another person;
9.3 exploits people in a sexual or violent manner;
9.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
9.5 solicits personal information from anyone under 18;
9.6 publicly posts information that poses or creates a privacy or security risk to any person;
9.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming";
9.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
9.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
9.13 involves commercial activities and/or sales without prior written consent from Family Cluster such as contests, sweepstakes, barter, advertising, or pyramid schemes;
9.14 includes a photograph or video of another person that you have posted without that person's consent;
9.15 Violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Family Cluster Website and through your use of the Family Cluster Services. Family Cluster reserves the right to investigate and take appropriate legal action against anyone who, in Family Cluster's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

9.16 criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
9.17 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Family Cluster Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Family Cluster reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Family Cluster deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email or other unauthorized commercial communications of any kind through the Family Cluster Services, you acknowledge that you will have caused substantial harm to Family Cluster, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Family Cluster $50 for each such unsolicited email or other unauthorized commercial communication you send through the Family Cluster Services;
9.18 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Family Cluster Services;
9.19 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
9.20 any automated use of the system, such as, but not limited to, using scripts to create Content and/or send comments;
9.21 interfering with, disrupting, or creating an undue burden on the Family Cluster Services or the networks or services connected to the Family Cluster Services;
9.22 impersonating or attempting to impersonate another Member, person or entity;
9.23 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9.24 selling or otherwise transferring your account;
9.25 using any information obtained from the Family Cluster Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
9.26 creating and/or displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Family Cluster Services on behalf of that person, posting blogs or forum topics with a commercial purpose;
9.27 using the Family Cluster Services in a manner inconsistent with any and all applicable laws and regulations.
10. Protecting Copyrights and Other Intellectual Property
10.1 Family Cluster respects the intellectual property of others, and requires that Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
10.2 If you believe your work has been copied and posted on or through the Family Cluster Services in a way that constitutes copyright infringement, please email the Family Cluster Webmaster a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Family Cluster Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a authorized to act on the copyright owner's behalf.
11. Member Disputes
11.1 You are solely responsible for your interactions with other Family Cluster Members. Family Cluster reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
12. Privacy
12.1 Use of the Family Cluster Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers
13.1 Family Cluster is not responsible for and makes no warranties, expressed or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Family Cluster Services, whether caused by Users of the Family Cluster Services or by any of the equipment or programming associated with or utilized in the Family Cluster Services and such User Content does not necessarily reflect the opinions or policies of Family Cluster. Content created and posted by Members on the Family Cluster Website may contain links to other websites. Family Cluster is not responsible for the content; accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Family Cluster. Inclusion of any linked website on the Family Cluster Services does not imply approval or endorsement of the linked website by Family Cluster. When you access these third party sites, you do so at your own risk. Family Cluster takes no responsibility for third party advertisements or third party applications that are posted on or through the Family Cluster Services, nor does it take any responsibility for the goods or services provided by its advertisers. Family Cluster is not responsible for the conduct, whether online or offline, of any User of the Family Cluster Services. Family Cluster assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Family Cluster is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Family Cluster Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Family Cluster Services. Under no circumstances shall Family Cluster be responsible for any loss or damage, including personal injury or death, resulting from use of the Family Cluster Services, attendance at a Family Cluster event, from any User Content posted on or through the Family Cluster Services, or from the conduct of any Users of the Family Cluster Services, whether online or offline. The Family Cluster Services are provided "AS-IS" and as available and Family Cluster expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Family Cluster cannot guarantee and does not promise any specific results from use of the Family Cluster Services.
14. Limitation on Liability
14.1 IN NO EVENT SHALL FAMILY CLUSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FAMILY CLUSTER SERVICES, EVEN IF FAMILY CLUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAMILY CLUSTER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FAMILY CLUSTER FOR THE FAMILY CLUSTER SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S. Export Controls.
15.1 Software available in connection with the Family Cluster Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Family Cluster Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
16. Disputes.
16.1 The Agreement shall be governed by, and construed in accordance with, the laws of the State of Nevada, without regard to its conflict of law provisions. You and Family Cluster agree to submit to the exclusive jurisdiction of the courts located within the State of Nevada to resolve any dispute arising out of the Agreement or the Family Cluster Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSED OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
17. Indemnity.
17.1 You agree to indemnify and hold Family Cluster, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Family Cluster Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Family Cluster Services causes Family Cluster to be liable to another.
18. Other.
18.1 This Agreement is accepted upon your use of the Family Cluster Website or any of the Family Cluster Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Family Cluster regarding the use of the Family Cluster Services. The failure of Family Cluster to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Family Cluster is a trademark of Family Cluster, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

For more information email the Family Cluster Webmaster.