1. Acceptance of Terms.
2. Scope of Services.
Awkward Family Photos maintains the Websites as a service to the user community that visits the Websites. You are responsible for obtaining any equipment and internet service necessary to access our Websites and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Websites or the Services in whole or in part, at any time and for any reason, without notice or liability to you. The Websites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
3. Website Content and Notification.
The term “Content” means all information, text, images, data, links, software, or other material accessible through the Websites or Services, whether created by us or provided by another person or entity for display on the Websites or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to content, descriptions or specifications or other information of the Content, without obligation to issue any notice of such changes.
As a user of the Websites or our Services, you consent to the receipt of emails, text messages or other notifications from us, including without limitation any notices required by law, in lieu of communication by postal mail. You may opt-out from receiving such email or text messages by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Except for the Content submitted by you or our other users, all Content contained on the Websites are the properties of Awkward Family LLC and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
4. User Account.
You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activities that occur on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
We may terminate or suspend your access to or use of our Websites or Services (including, without limitation, terminating your access to and/or right to post on our Facebook wall(s)) in our sole discretion, for any reason and at any time, with or without prior notice. You agree that we are not liable to you or any third party for any termination of your access to our Websites or Services.
5. Orders and Payments.
Subject to any order placement and/or fulfillment policy set forth on the applicable Website, Awkward Family Photos has sole discretion with respect to whether and how any order for our products you place with us will be fulfilled.
You shall promptly pay us for any order of our products or services that you make through our Websites or Services, but in no event later than the date or time period we listed on the applicable Website or in our notice to you. We reserve the rights to (a) charge you shipping and any applicable sales taxes for any order of our products that you place with us and (b) accept or reject any request for returns or refunds at our sole discretion.
6. Content Submitted by You.
Awkward Family Photos does not claim ownership of any materials you submit to us or make available through the Websites. You hereby grant Awkward Family Photos a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such materials or any part of such materials. You hereby represent and warrant that any such materials do not (a) include anything (including but not limited to text, images, music or video) to which you do not have the full right to grant Awkward Family Photos the license specified above or (b) contain libelous or otherwise unlawful, abusive or obscene material. Awkward Family Photos will be entitled to use any materials submitted by you without incurring obligations of confidentiality, attribution or compensation to you. You also agree that Awkward Family Photos is free to use, sell, and/or disclose any ideas, concepts, know-how, or techniques that you send us for any purpose, without any compensation to you.
If you choose to provide information to register for or participate in a service, event, or promotion on the Websites or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested by us.
7. Content Submitted by Users.
We are not responsible or liable for the conduct of users on our Websites or for any views, opinions and statements expressed in Content submitted for public display through our Websites, such as Facebook posts. Any opinions, advice, statements, services, offers, or other information in such Content expressed or made available are those of the respective author(s) or distributor(s) and not of Awkward Family Photos. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. Users are responsible for ensuring that the Content submitted to the Websites by them are not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity.
You are solely responsible for your interactions with other users of the Websites and/or Services. We reserve the right, but have no obligation, to monitor disputes between you and any such other users. Awkward Family Photos shall have no liability for your interactions with any such other users, or for such user's action or inaction.
9. Links to Third-Party Websites.
The Websites may contain links to third party websites that are provided to you as a convenience. Any outside website accessed from our Websites is independent from Awkward Family Photos, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party websites.
10. No Implied Endorsements.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Awkward Family Photos of that third party or of any product or service provided by a third party. Awkward Family Photos does not endorse, warrant or guarantee any product or service offered by any third party through the Websites and will not be a party to or in any way monitor any transaction involving any third party providers of products or services.
11. Prohibited Conduct.
By accessing our Websites or the Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Websites to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, in each case as determined by Awkward Family Photos;
Use a name or language that Awkward Family Photos, in its sole discretion, deems offensive;
Post defamatory statements;
Post hateful or racially or ethnically objectionable Content;
Post Content which infringes another's copyright, trademark or trade secret;
Post unsolicited advertising or unlawfully promote products or services;
Harass, threaten or intentionally embarrass or cause distress to another person or entity;
Impersonate another person;
Promote, solicit, or participate in any multi-level marketing or pyramid schemes;
Engage in disruptive activity;
Introduce viruses, worms, Trojan horses and/or harmful code to the Websites;
Obtain unauthorized access to any computer system through the Websites;
Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age);
Solicit personal information from children under 13 years of age;
Violate any federal, state, local, or international law or regulation;
Encourage conduct that would constitute a criminal or civil offense; or
Access (or attempt to access) the Websites or any of the Services through any automated means (including use of scripts or web crawlers).
12. Copyright Infringement; Notice and Take Down Procedures.
If you believe that any Content infringes your copyright, you may request that it be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the Content, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the Content is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to the Websites is: firstname.lastname@example.org.
13. Disclaimer of Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, WEBSITES, AND CONTENT ON OR ACCESSIBLE FROM THE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AWKWARD FAMILY PHOTOS DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE WEBSITES IS ACCURATE OR FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES PROVIDED BY THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, (v) THE PRODUCTS APPEAR SIMILAR TO THEIR APPEARANCE IN REAL LIFE; (vi) THE WEBSITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (vii) WE HAVE ADEQUATE INVENTORY TO FULFILL YOUR ORDER FOR OUR PRODUCTS; (viii) WE WILL FULFILL OR BE OBLIGATED TO FULFILL ANY ORDER FOR OUR PRODUCTS YOU PLACE THROUGH THE WEBSITES OR USING THE SERVICES; OR (ix) PRODUCTS WILL BE DELIVERED WITHIN THE DELIVERY TIME OR ESTIMATED DELIVERY TIME INDICATED BY AWKWARD FAMILY PHOTOS.
By using the Websites or our Services, you agree to indemnify, hold harmless and defend Awkward Family, LLC from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with the materials you submit to the Website(s) or use of the Websites, Content, or Services by (a) you or (b) any person using your member login account.
15. Limitation of Liability.
IN NO EVENT SHALL AWKWARD FAMILY PHOTOS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITES, THE CONTENT, THE SERVICES, OR ANY INFORMATION CONTAINED THEREON OR THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The Websites and the Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use the Websites and the Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities of such individual under the age of 18.
17. International Access.
The Websites and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties.
20. Entire Agreement and Amendment.
24. Additional Information.