Terms of Service

Before using the Service, please review the following Terms and Conditions, which define your rights, responsibilities and benefits as a Member of this Service.

Eligibility

By accepting the terms and conditions of this Agreement, you represent and warrant that you are at least 18 years of age or older, and you have legal authority to enter into this Agreement. In addition, if you enter any information on the site, you represent and warrant that you are the parent or legal guardian of the individual subject of the data or that you are otherwise authorized by the parent or legal guardian to enter such data.

Acceptance of Terms

Family Daily ("familydaily.app", "we" or "us") provides certain services on or through our website www.familydaily.app, our iPhone application, or our iPad application. By using our Site or our application, you agree to the following terms and conditions (the "Terms of Service"). These Terms of Service comprise the entire agreement between you and Family Daily and supersede all prior agreements between the parties regarding the subject matter contained herein. If you do not understand or agree with these Terms of Service, please do not use the Site and do not register to be a member of the Site. If you have any questions or concerns regarding these Terms of Service, please let us know by emailing us at support@familydaily.app. BY COMPLETING THE REGISTRATION PROCESS OR USING ANY OF PART OF THE Family Daily SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Family Daily as long as you adhere to these Terms of Service.

Family Daily reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Site and Applications.

Privacy

See our Privacy Policy for information and notices concerning our collection and use of your personal information.

Use of Service; Membership; Registration

You must register with us to become a Member of the Service. As part of the registration process, you will be asked to select a password and a valid and verifiable email address. You must provide us with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not: (1) intent to impersonate another person; (2) use the username or password of any person other than yourself without authorization; or (3) use a username that we, in our sole discretion, deem offensive. # We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.

Password Security and Obligations

You are responsible for any and all usage or activity that originates within or occurs using your account or your email or password. You may not distribute your password to others, including to allow others to access your Family Daily account. Doing any of these things shall constitute a breach of this Agreement. You are responsible for maintaining the confidentiality of your password. Note that you will never be required to reveal your password to any representatives or agents of familydaily.app. You agree to notify us by email, of any known or suspected unauthorized use(s) of your account, username or password, or of any known or suspected breach of security involving your account, including the loss, theft or unauthorized disclosure of your username, password or other account information.

You agree not to use the Service:

for any unlawful purposes;
to upload, Post, email or otherwise transmit or communicate any material that is or promotes conduct that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, defamatory, libelous, vulgar or illegal, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that "stalks", harasses or advocates harassment of another person, or that is otherwise objectionable, in each case as determined by us in our discretion;
to upload, Post, email or otherwise transmit or communicate any material that provides instructional information about illegal activities; this may include, but is not limited to, information about making or buying illegal weapons or providing or creating computer viruses;
to upload, Post, email or otherwise transmit or communicate any material that infringes any copyright, trademark, patent or other intellectual property right or moral right of any person, including Ancestry, or that constitutes an invasion of the privacy or publicity rights of another;
to upload, Post, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person's copyrighted work; this may include, but is not limited to, 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;
to harm minors in any way; this may include, but is not limited to, uploading, posting, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through the Service;
to upload, Post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service;
for any activity that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
to promote information that you know or believe to be false or misleading;
for any commercial purpose;
to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. Government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;

Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. You waive your right to any damages, whether from us or from any third party, arising from or related to such exposure.

You further agree that:

You are solely responsible for the Content that you submit, post, publish, display, transmit or communicate (collectively, "Post") on or using the Service.
You will not interfere with or disrupt, or attempt to interfere with or disrupt, the Service or any servers, networks or equipment connected to or employed in conjunction with the Service, or disobey any requirements, procedures, policies or regulations relating to this Service;
You will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and
You will not use email from us or our affiliates to create "spam" emails.

User-Generated Content

All information, data, text, photographs, messages, or other materials that you and/or other users post, upload, link to and/or otherwise submit to the Site or through the Services or the Applications (collectively referred to as "User-Generated Content"), are the sole responsibility of the person from whom such User-Generated Content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit or otherwise make available via the Site, the Services or the Applications. We do not monitor or control User-Generated Content posted and we take no responsibility for such content.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.

Family Daily Property

Other than your own User-Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in the Site, Content, Services, and Applications contained therein. The Site, Content, Services, and Applications are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Site, Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, Family Daily or related products and services. Other than explicitly stated herein, you may not make any commercial use of the Site, Content and Services without Family Daily's prior written approval.

Service Availability

We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of Family Daily. From time to time, and without notice to you, Family Daily may add or delete certain features or function from the Service we provide. You agree that Family Daily shall not be liable to you for any modification, suspension or discontinuance of the Service.
Family Daily shall have no liability or responsibility with respect to any lost data or Messages, such as the deletion or failure to store messages, communications or other Messages transmitted by you.

Family Daily IS PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT Family Daily WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH Family Daily OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Family Daily. WE ASSUME NO RESPONISIBLITY FOR ANY: PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF Family Daily; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY UNAUTHORIZED USE, DISPLAY, PERFORMANCE OR DISTRIBUTION OF YOUR USER-GENERATED CONTENT BY US (UNLESS DUE TO OUR INTENTIONAL FAILURE) OR BY A THIRD PARTY; YOUR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Family Daily; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Family Daily BY ANY THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH Family Daily WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

If you have any questions about these Terms of Service, please contact us at support@familydaily.app