PART A: TERMS AND CONDITIONS OF SERVICE
1. Your Acceptance
By using and/or visiting this website you signify your agreement to these terms and conditions. If you do not agree to any of these terms, and the Dear Family and Friends (DFAF) privacy notice, please do not use the DFAF website.
Although we may attempt to notify you when major changes are made to these terms and conditions, you should periodically review them as DFAF may, in its sole discretion, modify or revise these terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. General Use of the Website - Permissions and Restrictions
DFAF hereby grants you permission to access and use the Website as set forth in these terms and conditions, provided that
DFAF reserves the right to alter or discontinue any aspect of the DFAF Website at any time.
3. Your DFAF Accounts
In order to access some features of the Website, you will have to create a DFAF account. You may never use another individual's account without their express permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DFAF immediately of any breach of security or unauthorized use of your account.
Although DFAF will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DFAF or others due to such unauthorized use.
4. Copyright on Photos, Video or Audio files
DFAF does not encourage the use of copyright violation as a matter of principle and we ask you to respect the rights of artists and content creators, and hope you will work with us to keep our website a positive experience for everyone.
When posting any audio visual material on our website, you agree that the material is wholly or substantially your original material and that it does not infringe anyone else's copyright, and you agree that we will remove any such material from the website as soon as it is brought to our attention.
Any accounts that we determine to be repeat infringers of copyright violation may be subject to immediate suspension or termination. Users with suspended or terminated accounts will also be prohibited from creating new accounts. In addition, please note that you may be liable to legal proceedings and/or payment of monetary damages if a copyright owner decides to take legal action against you.
The way to ensure that your video doesn't infringe someone else's copyright is to use completely original material. Note that if the material is wholly created by you then you own the copyright. Also, be sure that all components of your audio or video material are your original creation. This extends to the audio soundtrack of any video you upload. For example, if you make an original video but use an audio recording that is copyrighted to a recording artist and you don't have that artist's permission, your video may be infringing copyrights and may be removed from the website without notice.
If you believe that we have removed a video, a photo or any audio that you uploaded in error, and that you are indeed the copyright owner or have permission from the copyright owner, contact us and let us know.
5. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the DFAF Website.
A. The content on the DFAF Website, except all User Generated Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ('Website Content') and the trademarks, service marks and logos contained therein ('Marks'), are owned by or licensed to DFAF, subject to copyright and other intellectual property rights under the law. Website Content on the DFAF Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. DFAF reserves all rights not expressly granted in and to the Website and the User Generated Content.
B. You may access User Generated Content solely:
'Streaming' means a contemporaneous digital transmission of an audiovisual work via the Internet from the DFAF Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Generated Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available 'as is.'
C. User Generated messages are made available to you for your information and personal use solely as intended through the normal functionality of the DFAF Service. User Generated Messages are made available 'as is', and may not be transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the DFAF Service or otherwise as prohibited under this Agreement.
D. You may access DFAF Website Content, User Generated Content and other content only as permitted under this Agreement. DFAF reserves all rights not expressly granted in and to the DFAF Website Content and the DFAF Service.
E. You agree to not engage in the use, copying, or distribution of any of the Website Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the DFAF Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the DFAF Website or the Content therein.
G. You understand that when using the DFAF Website, you will be exposed to User Generated Content from a variety of sources, and that DFAF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DFAF with respect thereto, and agree to indemnify and hold DFAF, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
6. Your User Generated Content and Conduct
A. As a DFAF account holder you may submit video content ('User Videos'), audio content ('User Audio'), digital photographs ('User Images'), and textual content ('User Comments'), which are collectively referred to as 'User Generated Content'. You understand that whether or not such User Generated Content is published, DFAF does not guarantee any confidentiality with respect to any User Generated Content.
B. You shall be solely responsible for your own User Generated Content and the consequences of posting or publishing them. In connection with User Generated Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize DFAF to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the DFAF Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Generated Content. However, by submitting User Submissions to DFAF, you hereby grant DFAF a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the DFAF Website and DFAF's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the DFAF Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DFAF Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the DFAF Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Generated Content from the DFAF Service. You understand and agree, however, that DFAF may retain, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
D. In connection with User Generated Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DFAF all of the license rights granted herein.
F. DFAF does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and DFAF expressly disclaims any and all liability in connection with User Generated Content. DFAF does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DFAF will remove all User Generated Content if properly notified that such Content or User Submission infringes on another's intellectual property rights. DFAF reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. DFAF FAF will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. DFAF reserves the right to decide whether User Generated Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DFAF may remove such User Generated Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
9. Warranty & Indemnity disclaimer
You agree that your use of the DFAF website shall be at your sole risk. To the fullest extent permitted by law, DFAF, its owners and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. DFAF makes no warranties or representations about the accuracy or completeness of this website's content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the DFAF website. DFAF does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the DFAF website or any hyperlinked website or featured in any banner or other advertising, and DFAF will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You agree to defend, indemnify and hold harmless DFAF, its owners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the DFAF Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your User Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the DFAF Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DFAF without restriction.
You agree that: (i) the DFAF Website shall be deemed solely based in New South Wales, Australia; and (ii) the DFAF Website shall be deemed a passive website that does not give rise to personal jurisdiction over D FAF, either specific or general, in jurisdictions other than New South Wales, Australia.
Your use of the DFAF Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and DFAF agree that any cause of action arising out of or related to the DFAF website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
PART B: PRIVACY
1. Privacy Statement
DFAF believes very strongly in privacy on the Internet, and recognizes and respects the importance of maintaining the privacy of all its users.
2. Individual Information
We DO NOT sell, trade, or give-away any identifiable personal information such as your name, email address or credit card numbers that we may have on our database. We may however utilise and reveal the approximate geographical locations of our users for the purposes of providing commercially appropriate services and goods on the DFAF website.
3. User Communication
We only use information we collect from you to provide an outstanding and more personalised user experience and to inform you of any new offers or changes to the DFAF website. We may also occasionally send you third-party promotional offers that may be of interest to you.
If you do not wish to receive any such general notifications from DFAF, please advise us by email at firstname.lastname@example.org. If you do not wish to receive notifications related to your announcements please ensure you have checked the appropriate boxes in the Announcement Options menu. Please note that we will always send you an email confirming the creation or imminent deletion of an announcement and that this forms an important part of the DFAF experience. If you do not wish to be sent any such confirmation emails, we can only recommend that you do not register with us, or create announcements on our website.