TERMS & CONDITIONS

Welcome to FamilyWall, the "Service." The following FamilyWall Terms and Conditions are between you and Family & Co SAS, with headquarters at 16, rue Théodore de Banville, 75017, Paris, France, including its affiliates ("Family & Co") and constitute a legal agreement that governs your use of the Service. The Service is comprised of web pages containing information and resources provided by Family & Co and certain third party content providers. The FamilyWall Terms and Conditions only govern your use of the Service. It does not apply to use of any other Family & Co websites, products, software or services, and it does not modify or alter other agreements you may have, or enter later, with Family & Co. Family & Co offers you access to the Service conditioned on your acceptance of these FamilyWall Terms and Conditions, including your agreement to the Privacy Statement and the FamilyWall Code of Conduct, each as amended from time to time, which are part of and incorporated into these FamilyWall Terms and Conditions (collectively, the "Terms") and apply to your use of the Service. "You" means an individual who accesses the Service or any services available through the Service ("Services").

Family & Co’s Privacy Statement contains information about Family & Co’s practices for collection and use of information about you and your use of the Service. You agree that Family & Co, complying with its Privacy Statement, may collect, use, disclose, transmit, process and store information related to you and your account for Services, to operate and provide the Service. You have the right to update, amend and delete your personal information in accordance with the Privacy Statement. Personal information collected through the Service may be stored and processed in Europe and any other country in which Family & Co or its service providers maintain facilities. By using the Service, you consent to the transfer, recording, and storage of information outside of the country where you reside. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement and national security authorities. Please review the Privacy Statement.

Please read these Terms carefully before accessing or using the Service. By clicking a box that indicates you agree to the Terms, or by otherwise accessing or using the Service (where agreement by such access or use is permitted by law), you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not agree to the Terms or access or use the Service. The Service does not target and is not intended for children under the age of 13. If you are under the age of 13 you should not access the Service or Services and should not provide to Family & Co any information about yourself, including your name, address, telephone number, or email address (directly, or on site bulletin boards, blogs, etc.). You must be at least 13 years of age or older to register. By registering or using the Service, you certify that you are 13 years of age or older. If you are 13 years of age or older but under the age of majority according to local law (18 in most countries), before you decide whether or not to access this Service and to share Personal Information with Family & Co, you should review this Privacy Statement with your parent or guardian to make sure that you and your parent or guardian understand it. Parents or guardians are advised to supervise their children while using the Internet and mobile and other devices. Family & Co reserves the right to change these Terms at any time in accordance with Section 18.

Additional terms. may be presented to you in connection with your use of the Service or particular feature of the Service, or the downloading of material from the Service or through the Service. You agree to comply with any additional terms, which are incorporated in these Terms by reference. If you do not agree to the additional terms, do not use or purchase the particular features to which the additional terms apply (if the terms are limited to specific features) or stop using the Service and terminate any related Service account. You may also be subject to additional terms and conditions from third parties that may apply when you purchase products or services or use or download software from third parties.

Passwords; Attribution of Electronic Acts to You. This Service requires you to register with a login and password. If you register, you must provide Family & Co with current, complete and accurate information. You agree to maintain and are responsible for maintaining the confidentiality of your password and login. You agree that if your login and password are used on the Service, Family & Co may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to notify Family & Co immediately of any unauthorized use of your account or any other breach of security at the email address set forth Section 19.

Service Use. Access to the Service is provided on a temporary basis and you may use the Service when it is available. The Service may not always be available. There may be interruptions or extended downtimes. Family & Co reserves the right to change or remove, and restrict or block access to, all or any part of the Service (including any features thereof) at any time without notice.

Your Conduct. The Service may contain communication features (such as blogs, support forums, etc.) designed to enable you to communicate with Family & Co and other members. You agree to use the Service only to post, send and receive messages and material that are appropriate and related to the purpose of the Service. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technically harmful. You must not attempt to gain unauthorized access to the Service, or any servers, computers, or any data bases connected with the Service. You must not attach the Service via a denial-of-service attack, or a distributed denial-of-service attack. You agree that when using the Service, you will not engage or attempt to engage in any improper uses, as set out above and also as set out in the Code of Conduct. If you breach this section you may commit a criminal offence. Family & Co will report any such breach to the relevant law enforcement authorities and Family & Co will cooperate with those authorities by disclosing your name and any other relevant information that Family & Co holds about you. In the event of such a breach, your right to use the Service will cease immediately. If Family & Co suspects violations of any of this Section, Family & Co may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with Family & Co in investigating suspected violations. Family & Co reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that Family & Co considers to be illegal or violations of these Terms, to the extent such measures are allowed by applicable law.

Third Party Materials. The Service may contain links to third party web sites ("Linked Services"). The Linked Services are not under Family & Co’s control and Family & Co is not responsible for any Linked Service. Family & Co provides these links as a convenience and the inclusion of any link does not imply Family & Co’s endorsement or an association with its operators. When you access a Linked Service, you do so at your own risk. Also, in the course of using a Service offered through the Service, you may download to your device content that is provided by third parties or access services and Linked Services provided by third parties, such as social media partners, wireless carriers, and third party software application developers. If you obtain anything from a third party over the Internet, directly or indirectly through the Service or a Service, including but not limited to recipes, ringtones, music, applications, stock quotes, newscasts, weather reports, any content or other materials and information for use on or with your device and the Service ("Third Party Materials"), you understand that you receive such Third Party Materials from the third party supplier and not from Family & Co. Your relationship with respect to Third Party Materials is with the supplier, and not with Family & Co. It is your responsibility to review the privacy policies and terms of use that apply to third party services, Linked Services and Third Party Materials. Any claims you might have with respect to third party services, Linked Services and Third Party Materials are against the supplier and not against Family & Co.

User Content. The Service may contain communication features (such as blogs, support forums, etc.) designed to enable users to communicate with Family & Co and other members, and Content may also be posted to the Service or particular Service by users. "User Content" means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that is posted to the Service or a Service by users of the Service (except Feedback, defined in Section 8. All User Content is considered to be non-confidential and non-proprietary. You are solely responsible for all User Content uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available by you or through your account. Family & Co may not control the User Content posted or transmitted using the Service and it does not guarantee the accuracy, integrity or quality of any User Content. Although Family & Co does not pre-screen the User Content, Family & Co reserves the right to determine whether any User Content is appropriate and in compliance with the applicable Terms, and may pre-screen, filter, restrict, block, move, refuse, modify or remove User Content at any time in its sole discretion, without prior notice. Family & Co will not be liable for any User Content. Family & Co does not guarantee the security or availability of any User Content transmitted or stored using the Service or a Service, and makes no representations that it will monitor access or use of the Service or a Service. Family & Co encourages you not to post or share sensitive personal information.

License to User Content. Family & Co does not claim ownership of User Content you submit or make available using the Service or an associated Service. However, by submitting, posting or transmitting User Content and/or personally identifiable information on areas of the Service that are accessible by other users, you grant to Family & Co and those members who have access to that User Content a worldwide, royalty-free, non-exclusive license to use, transmit, distribute, reproduce, modify, adapt, disclose to third parties, publish, translate, publicly perform and publicly display that User Content, and to publish your name and other personally identifiable information in connection with that User Content. Family & Co may disclose your identity (if it knows it) to any third party that claims any material posted or uploaded by you to the Service is a violation of their intellectual property rights, or of their right to privacy. By submitting, posting or transmitting User Content on areas of the Service that are accessible to other users, you represent and warrant that you are the owner of that User Content or have authorization to distribute it (including all consents required under applicable privacy laws) and that the use and publication of the User Content does not violate any law. You understand that in order to provide the Service and any associated Service and make your User Content available on it, Family & Co may transmit your User Content across various public networks, in various media, and may reproduce, modify or change your User Content, Family & Co may store and retrieve the User Content, may make it available to users and other members, and may amend it for compliance with technical requirements, and otherwise in connection with operation of the Service. Family & Co is not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Service. Family & Co has the right to remove any material or posting made on the Service, for any reason, including non-compliance with the Code of Conduct.

Promoted Service. Family & Co may propose to non-Premium Users a selection of Third-party Services and offers via the Cards Carrousel present at the top of the Family Dashboard or any other section of the Service. This selection will depend on several user parameters including but not limited to Country, and Language used. In regard to our Privacy terms, Family & Co will not share or disclose any Personal User information to the Promoted Services Providers. Feel free to review our Privacy policy in more detail click here.

Feedback. You agree that, if you submit or provide suggestions for improving Family & Co products and services ("Feedback") to Family & Co, by the act of submission or suggestion you effectively irrevocably assign to Family & Co all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from Family & Co and, to the extent allowed by applicable law, you waive any moral rights you may have in the Feedback. Further, you effectively irrevocably waive and agree never to assert any claims against Family & Co or any of Family & Co’s successors in interest with respect to Feedback you submit or provide to Family & Co. You also agree that this assignment and waiver will be effective without the need for any further action or execution of any further document by you.

Family & Co Content; Proprietary Rights; License; Updates. "Family & Co Content" means all information, graphics, text, images, software, sound files, video, communications and other materials (including all metadata associated with any content) that Family & Co and its licensors provide to you in connection with the Service. Family & Co and its licensors own all Family & Co Content, including the selection and arrangement of the Family & Co Content and the "look and feel" of the Service. Family & Co and its licensors own all legal rights, title and interest in and to the Service, Family & Co Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with your use of the Service ("Software"), including any and all intellectual property and other proprietary rights that exist therein. Family & Co grants you a personal, non-exclusive, nontransferable, limited license to use the Software as provided to you by Family & Co as part of the Service and in accordance with the Terms. Family & Co may from time to time send you updates to the Software which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements, improvements, or new versions of the Software. You hereby agree that Family & Co may automatically deliver these updates to you and you will receive and install them on your device as required.

No Warranties. The Service, Linked Services, Content, Third Party Materials, and Services, including without limitation, updates and upgrades for the software installed on your device that you download to your device via the Service, are provided "AS IS," "WITH ALL FAULTS" and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, availability, security, accuracy and effort is with you to the maximum extent permitted by applicable law. Family & Co and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable or satisfactory quality, fitness for a particular purpose, title or non-infringement. In particular, Family & Co, its suppliers and licensors make no warranty that (i) the Service or Services will meet your requirements; (ii) the Service or Services will be provided on an uninterrupted, timely, secure or error-free basis; (iii) any information obtained by you using the Service or Services will be accurate or reliable; or (iv) any defects or errors in the Software provided to you via the Service will be corrected. Family & Co will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technically harmful material that may infect your computer, device, computer programs, data or other proprietary material due to your use of the Service or as a result of downloading any material available on it, or on any website linked to it. All content and other material you download or obtain through the Service is accessed at your own risk, and you will be solely responsible for any damage to your device or loss of data or content that results from download of any material. Family & Co does not represent or warrant that the Service or any feature or part thereof is available or appropriate for use in any particular location. You are responsible for compliance with all applicable laws in connection with your access to and use of the Service. You may have additional consumer rights under your local laws that these Terms cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, those terms are deemed incorporated into this document but Family & Co's liability for a breach of those statutory implied terms is limited in accordance with and to the extent permissible under the applicable legislation.

Disclaimer of Certain Damages. To the maximum extent permitted by law, in no event will Family & Co or any supplier be liable for (a) any consequential, special, incidental, indirect or punitive damages; or (b) damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care or for negligence, in (a) and (b) arising out of, based on, resulting from or in any way related to these Terms, the Service, your use of the Service, Linked Services, Family & Co Content, Third Party Materials or Services, even if Family & Co or any supplier has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of damages for personal injury, so the above limitations or exclusions of damages may not apply to you.

Limitation of Liability and Exclusive Remedy. To the maximum extent permitted by applicable law, Family & Co’s and its suppliers’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these Terms, the Service, Linked Services, Family & Co Content, Third Party Materials, Services or your use of the Service will be to recover the actual damages you incur based upon reasonable reliance on the Service up to five Euros (5.00€). The existence of multiple claims or suits under or related to these Terms, the Service, Linked Services, Family & Co Content, Third Party Materials or Service will not enlarge or extend the limitation of money damages. To the maximum extent permitted by applicable law, these actual money damages will be your sole remedy. Some jurisdictions do not allow certain contract terms. If a court of competent jurisdiction deems the above liability cap unenforceable, it will, to that extent, not be applicable but instead the words "up to five Euros (5.00€)" will be deemed replaced by the words "up to the value of the transaction in respect of which liability has arisen." Nothing in this Section 12 will be interpreted as purporting to exclude liability which cannot under prevailing legislation be excluded, but any such statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under such legislation.

Indemnity. You will defend, indemnify and hold Family & Co, its directors, officers, employees, agents, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any User Content submitted, posted, transmitted or otherwise made available under your account using the Service or a Service; (b) your use of the Service or Service and activities occurring using your account information; (c) any violation by you of the Terms; and (d) your violation of any third party rights. This indemnification will survive the termination or expiration of the Terms and your use of the Service or Service.

Independent Remedies. The exclusion of damages under Section 11 is independent of your exclusive remedy in Section 12 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 11 and 12 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

Copyright Notice and Takedown Procedures. You agree to respect the intellectual property rights of Family & Co and third parties. If you believe that material available through the Service infringes the copyright of any third party, please notify Family & Co’s copyright agent by emailing at [email protected] or by mail at Family & Co – 16, rue Théodore de Banville – 75017 – Paris - France. After receiving notice, Family & Co may remove or disable access to any potentially infringing material. Family & Co has the right to terminate any account or right of access to the Service for infringement by the account holder, or person accessing the Service, of Family & Co’s or others’ rights.

Applicable Law and Forum. Subject to mandatory legal provisions, the use of Family & Co services shall be exclusively governed by French Laws (France) being the exclusive place of jurisdiction. You and Family & Co agree to submit to exclusive jurisdiction in Paris Court in France for any and all disputes, claims and actions arising from or in connection with the Service or the Terms. The United Nations Convention on the International Sale of Goods is expressly excluded from application to the Terms. You will not use or export anything from the Service or a Service (including Software) in violation of U.S. or any other country’s export laws and regulations or the Terms. Unless the following limitation is prohibited by applicable law, any claim or cause of action arising out of or related to the Terms or the use of the Service or a Service must be filed within one (1) year after the cause of action arose or be barred.

Changes to these Terms. Family & Co reserves the right to change these Terms at any time. The updated version will be effective upon the date of posting unless indicated otherwise in the updated Terms. You can review the most current version of the Terms at any time at www.familywall.com. Your acceptance of the Terms by clicking a box (if one is made available to you), or your continued use of the Service after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version, you must immediately terminate your registration and/or discontinue your use of the Service.

Termination. You may terminate your account registration or stop using the Service at any time. Family & Co reserves the right to terminate these Terms and your access to the Service or any portion thereof, including any Services at any time, without notice. Sections 2, 5, 7, 8, 9, 10, 11, 12, 13, 14, 16, 18, 20, and 22 will survive termination.

Notices. Family & Co may give you all notices (including legal process) that Family & Co is required to give by any lawful method, including by posting notice on the Service or by sending it to any email or mailing address that you provide to Family & Co. You agree to keep your email and mailing addresses current and to check for notices posted on the Service. You agree to send Family & Co notice by mailing it to Family & Co’s "Address for Legal Notices" which is:
Family & Co
16, rue Théodore de Banville
75017 – Paris

General.
A.If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. Family & Co may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Service. Family & Co’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement, Code of Conduct and any other incorporated terms) constitute the entire agreement between you and Family & Co with respect to the Service. These Terms supersede all prior or contemporaneous communications of any kind between you and Family & Co with respect to the Service. Any translation of the Terms is done for local requirements. If there is a dispute between the English and the French version, the French version of the Terms will govern.

B. Family & Co may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Family & Co in our sole discretion. Family & Co reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Family & Co is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Family & Co may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

Support. Family & Co does not offer customer support for the Service or any feature or service available through the Service, unless Family & Co has posted information on the Service that we offer customer support for a particular section of the Service.

Copyright and Trademark Notices. Except for User Content, all content offered in connection with the Service is © 2021 Family & Co SAS and/or its suppliers, 16, rue Théodore de Banville, 75017, Paris, France All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Service. Family & Co and/or its suppliers own the title, copyright and other intellectual property rights in the Service, Family & Co Content, Feedback and any Software (including any updates and upgrades that you download for your Family & Co device via the Service). The Family & Co logo, the Family & Co quietly brilliant logo and/or other Family & Co product names and services referenced on the Service are the trademarks of Family & Co Corporation. All other company names, product names, service names and logos referenced on the Service may be the trademarks of their respective owners.

Code of conduct

This Code of Conduct applies to the FamilyWall Service. It also applies to any portion of the Service that displays a link to this Code of Conduct. This Code of Conduct refers to communication features as the “services.” Please read the Code of Conduct and comply with it in connection with the services you may use.

Member Qualifications

As a user of a service you will uphold this Code of Conduct, and are responsible for all activities and content you post/upload. In addition to upholding this Code of Conduct, you are responsible for adhering to all applicable local and national laws.

Prohibited Uses

You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:

depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga;

incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence;

misrepresents the source of anything you post or upload, including impersonation of another individual or entity or sends any altered, deceptive or false source-identifying information;

provides or creates links to external sites that violate this Code of Conduct;

includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control such rights or have obtained necessary consents and releases;

is intended to harm or exploit minors in any way;

is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number or the name of their school;

deletes, tampers with or revises any information, material or content posted by any other person or entity;

invades anyone's privacy by attempting to harvest, collect, store or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses or other contact information without their knowledge and willing consent;

is illegal or violates applicable local and national laws, including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy and harassment;

threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including without limitation, on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion, or incites or encourages anyone else to do so;

harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on Web sites or servers, including but not limited to, spamming or attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

takes any action which could impose a significant burden (as determined by Family & Co) on the infrastructure of any Family & Co services, such as excessively high volume data transfers or bandwidth consumption, excessively high storage, hosting of a web server, internet relay chat server, or any other server, and non-traditional end user activities;

sends or attempts to send unsolicited messages, including promotions or advertisements for products or services, "spam," "chain mail" or "junk mail";

accesses, tampers with or uses non-public areas of any service, computer system or any Family & Co website, or causes damage to Family & Co’s business, reputation, employees, facilities, or to any person;

attempts to access, search, or extract data from any service or any Family & Co website with any engine, software, tool, agent, robot, spider, scraper, device or mechanism other than the software or search agents provided by Family & Co or other generally available third party web browsers;

"frames" any Family & Co service or any Family & Co website or otherwise makes it look as if you have a relationship with Family & Co or that Family & Co has endorsed you for any purpose; or

attempts to impersonate a Family & Co employee, agent, manager, host, administrator, moderator, another user or any other person through any means.

You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Family & Co.

Termination and Cancellation

Family & Co reserves the right, at its sole discretion, to review and remove user content without notice, and to delete content and user accounts. Family & Co reserves the right, at its sole discretion, to ban participants or terminate access to services.

Rights and Responsibilities

We encourage you not to share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their minors to keep them safe online. Family & Co is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.

You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.

Family & Co reserves the right to amend or change the Code of Conduct or any service at any time without notice. We encourage you to review these guidelines periodically to ensure you are in compliance.

Some information you provide or upload to the service may be stored outside of the country in which you reside.

You can report abuses of this Code of Conduct to [email protected]