Welcome to Chooseafamily.com®! Chooseafamily.com® is an online social community that allows members/users to create personal online profiles about themselves. It is place where users can find new friends, family figures, mentors and social companions. The Chooseafamily.com® service is operated by chooseafamily.com, Inc. (“CAF”) with a mailing address of 38-11 Ditmars Blvd. #715, Astoria, New York 11105. By using the Chooseafamily.com™ website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). If you wish to become a Member, communicate with other Members and make use of the Chooseafamily.com® services (the “Service”), please read this Agreement and indicate your acceptance by following the instructions on the Sign Up page.
This is an Electronic Agreement (“Agreement”) which sets out the legally binding terms for your use of the Website and your Membership in the Service. CAF may modify this Agreement from time to time and such modification shall be effective upon posting by Chooseafamily.com® on the Website. You agree to be bound to any revisions made to this Agreement when you use the Service after any such modification is posted. This Agreement includes CAF’s policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and CAF’s Privacy Policy . You may also receive a hard copy of this Agreement by emailing us at: privacy@chooseafamily.com , Subject: Terms of Use Agreement (include your mailing address). At anytime, should you withdraw your consent to have this Agreement apply to you in Electronic form, your ability to access the Service will be discontinued until such time that you agree to accept the Terms and Conditions hereunder Electronically or the Service receives a signed hardcopy of this Agreement from you. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
Please choose carefully the information you post on Chooseafamily.com® and that you provide to other Members. Your Chooseafamily.com® profile may not include the following items: telephone numbers, street addresses, last names, URL’s, e-mail addresses, and any photographs posted by you may not contain nudity, violence, or offensive or sexually suggestive subject matter or images of any third party person without the consent of that person. By uploading any photograph to Chooseafamily.com®, you warrant and represent that you have the express authorization to disseminate the image(s) depicted in said photograph(s). Information provided by other Chooseafamily.com® Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and CAF assumes no responsibility or liability for this material.
CAF reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in anything related to Chooseafamily.com®, you agree to release and hold CAF harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in Chooseafamily.com®.
1. Eligibility. You must be eighteen (18) years old or over to register and participate as a member of Chooseafamily.com® or use the Website. Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are at least eighteen (18) years of age and that your use of Chooseafamily.com® shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age or any other information about yourself. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. Your account may not be utilized for any commercial purpose. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
2. Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Account Settings page. CAF may terminate your Chooseafamily.com® membership or ability to utilize the service for any reason, effective upon sending notice to you at the email address you provided in your Membership registration or such other email address as you may subsequently provide to CAF. Even after membership is terminated, this Agreement will remain in effect. CAF’s Terms of Use that were provided to you at registration may change from time-to-time. By using the Chooseafamily.com® Service and by becoming a Member, you acknowledge that CAF reserves the right to terminate a Member’s Membership should Member breach this Agreement, as required by this Agreement. For the purposes of this Agreement, the term “Member” shall include, but not be limited to, any person who has registered to utilize this Service.
3. Non-Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Chooseafamily.com™ in its sole and absolute discretion. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames, passwords, photos, links and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website for use with any other product or service will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by CAF and/or a governmental entity for any illegal or unauthorized use of the Website.
4. Content Posted on the Site.
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- You understand and agree that CAF reserves the absolute right to review and delete any content including, messages, photos or profiles (collectively, “Content”) that in the sole judgment of CAF violate this Agreement or which in the discretion of CAF might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any Member.
- Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
- You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members.
- By posting Content to any public area of Chooseafamily.com®, you automatically grant, and you represent and warrant that you have the right to grant, to CAF an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. By subscribing to Chooseafamily.com® and posting Content on the site, you also authorize CAF to utilize all or parts of your profile in its marketing and advertising materials, at its sole discretion, free of charge.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. CAF reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred, criminal activity, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, computer worms or viruses or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- displays nudity;
- provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, explosives, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as, but not limited to, contests, sweepstakes, barter, advertising, and pyramid schemes;
Even though all the above is strictly prohibited, there is a small chance that it is possible other Chooseafamily.com® members or users (including unauthorized users, or “hackers”) may post or transmit offensive, obscene or otherwise prohibited materials and you might become exposed to such items. As a user of the Service you further waive your right to any damages (from any party, including but not limited to, CAF) related to such exposure. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Chooseafamily.com®, Inc. is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
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- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs, instant message or third party chat handles, or email addresses.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although CAF cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CAF reserves the right to restrict the number of internal CAF mail which a Member may send to other Members in any 24-hour period to a number which CAF deems appropriate in its sole discretion.
- Accept the information posted on the site at your own risk. CAF does not: (i) guarantee the accuracy, completeness, truthfulness or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will CAF or its affiliates, agents, or advertisers be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
- As further described in Section 9, below, all advice and content posted on Chooseafamily.com® is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. CAF makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through Chooseafamily.com®. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Proprietary Rights in Content on Chooseafamily.com®. CAF owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of Chooseafamily.com®, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, save, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Intellectual Property Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Chooseafamily.com® to terminate membership privileges of any member who repeatedly infringes another’s intellectual property rights (including copyright and trademark) upon prompt notification to CAF by the copyright or trademark owner or the copyright or trademark owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work or trademark that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright owner’s behalf. CAF’s Copyright Agent for notice of claims of copyright or trademark infringement can be reached as follows: Copyright Agent, CAFChooseafamily.com®, Inc. 38-11 Ditmars Blvd. #715, Astoria, New York 11105Notwithstanding the above, you hereby indemnify and hold CAF, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless for any claims you may have against it for any claims of Copyright or other intellectual property infringement.
6. Member Disputes. You are solely responsible for your interactions with other Chooseafamily.com® Members and users. Chooseafamily.com®, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members. CAF does not recommend that you disclose any of your personal information such as your full name, address, telephone number, or other biographical information that is not posted on your profile to any other person using this site.
7. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.
8. Disclaimers. CAF is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members, unauthorized parties or by any of the equipment or programming associated with or utilized in the Service. CAF is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. CAF 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. CAF 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 at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall CAF be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, any product or service of an advertiser, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and CAF expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CAF cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
9. Limitation on Liability. IN NO EVENT SHALL CAF 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 WEBSITE OR THE SERVICE, EVEN IF CAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHOOSEAFAMILY.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO CAF FOR THE CHOOSEAFAMILY.COM SERVICE DURING THE TERM OF MEMBERSHIP.
10. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, County of Queens or Eastern District of New York, respectively.
11. Indemnity. You agree to indemnify and hold CAF, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, as well as third parties 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 Service 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 above. If You are a California resident, You waive California Civil Code Section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
12. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CAF, Chooseafamily.com® and any User of the Service.
13. Safety. Meeting new people requires taking precautions you should otherwise follow in establishing new relationships including, but not limited to, meeting in public places, checking with mutual friends, performing background checks, otherwise using common sense about protecting yourself and your property; nothing on Chooseafamily.com® is designed to or should be expected to do any of that for you.
14. Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and CAF regarding the use of the Chooseafamily.com® Website and/or the Service. The failure of CAF 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. Please contact us with any questions regarding this Agreement.
15. No refunds. All sales are final.
16. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Please contact us at customerservice@chooseafamily.com with any questions regarding this agreement.