Terms of Use
This XUXA mobile app Use Agreement (the "Agreement") is between you and Family Hub Inc. (“Family Hub”) a Delaware corporation in the United States. Use of the Family Hub Inc. website and the XUXA® family app signifies your agreement to the terms and conditions of use set forth below in the Agreement:
Acceptance
(1) You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS FAMILY HUB WEB SITE AND XUXA MOBILE APP. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Family Hub website and XUXA mobile app.
(2) Family Hub may monitor your use of the Family Hub Web Site and XUXA mobile app, and may freely use and disclose with or without attribution any information and materials received from you or collected through your use of the Family Hub Web Site for any lawful reason or purpose. However, personal information other than what you may disclose by posting messages and other forms of public communications to the Family Hub Web Site, shall be handled in accordance with the Family Hub Privacy Policy.
(3) Family Hub reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, including without limitation the Privacy Policy, in whole or in part, at any time. Such changes will be posted on the Family Hub Web Site. You agree that your continued use of the Family Hub Web Site and XUXA mobile app shall constitute your unconditional acceptance of any such changes, modifications, additions or removals, of or to this Agreement.
(4) The Family Hub Web Site and XUXA mobile app are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Family Hub Web Site and XUXA mobile app, including, without limitations, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon (“Content”), are provided AS IS, only for your information and personal, non-commercial use. All Content contained on the Family Hub Web Site and XUXA mobile app are protected by copyright, and are owned or controlled by Family Hub or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Family Hub Web Site and XUXA mobile app. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited, and Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever, without the prior written permission from Family Hub Inc. or the copyright holder identified in the individual Content's copyright notice.
(5) In order to register as a user (“User” or “Users”) with Family Hub or the XUXA mobile app, you must be at least eighteen (18) years old. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering with Family Hub and the XUXA mobile app is true and complete. Commercial businesses may not register with the XUXA mobile app unless they are pre-approved by Family Hub Inc. Your registration will take effect upon acceptance of your registration form by Family Hub. Other terms and conditions may apply to your registration as posted from time-to-time on the Family Hub Web Site or within the XUXA mobile app. You may terminate your registration at any time, for any reason by following the instructions on the Manage Your Account page of the XUXA mobile app. Family Hub reserves the right to reject and to terminate your registration and use of the XUXA mobile app at any time, for any reason without notice to you. Family Hub also reserves the right to provide notices and alerts to users from time to time about use of the website and information on feature updates and changes.
(6) Rights to Submitted Content: By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the XUXA mobile app, you hereby waive all rights to any claim against Family Hub for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge and agree that transmission to and from the XUXA mobile app not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Family Hub, no confidential, fiduciary, contractually implied or other relationship is created between you and Family Hub other than pursuant to this Agreement. You acknowledge and agree that (i) Family Hub has no obligation to use or respond to any Communications; (ii) Family Hub does not and shall not have any obligation to preview or review any Communications; (iii) Family Hub does not assure the accuracy or quality of Communications, or that harmful offensive, unlawful or otherwise objectionable Communications will not appear on the Family Hub Web Site or XUXA mobile app; (iv) Family Hub may monitor any or all Communications in its sole discretion; (v) Family Hub may remove any Communications, in whole or in part, from the Family Hub Web Site and XUXA mobile app; and (vi) Family Hub may exclude any person from further use of the XUXA mobile app.
The responsibility for Communications is that of the persons transmitting same to the XUXA mobile app. Family Hub disclaims any responsibility for any inappropriate statements or material or any incorrect information contained in any Communications.
You represent and warrant that: (a) you have all rights in and to your Communications (whether through ownership or licenses, consents, and permissions from the owner) required for (i) you to lawfully submit your Communications to the XUXA mobile app and grant the rights to your Communications provided in this Agreement, and (ii) your Communications to be posted and transmitted to and through the XUXA mobile app, for the purposes authorized under this Agreement; (b) you have all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your Communications in the manner authorized under this Agreement, and (c) the posting and transmission of your Communications on and through the XUXA mobile app for the purposes authorized under this Agreement do not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contract rights or any other rights of any person or entity, or violate any law, rule, regulation or order.
(7) Non-Commercial Use: The XUXA mobile app is meant for personal use only and may not be used in connection with any commercial activities or endeavors or the sale of any services or products without our express prior written approval, which may be withheld for any reason.
You agree not to: (a) initiate or operate any sweepstakes, contests, gambling, advertising, barter or pyramid schemes on or through the Family Hub Web Site or the XUXA mobile app; (b) solicit personal identifying information for commercial or unlawful purposes from other Users; (c) transmit any form of chain letters, spam or junk email to other Users; (d) use any information obtained from or through the Family Hub Web Site or the XUXA mobile app (i) to abuse, harass, or harm another person, (ii) for any illegal activity, or (iii) without our prior written approval, to advertise to, contact for commercial purposes, solicit, or sell to any other User; (e) use the XUXA mobile app for, or conduct on or through the XUXA mobile app, any illegal and/or unauthorized activities; or (f) establish any unauthorized framing of or linking to the Family Hub Web Site or the XUXA mobile app.
While the Family Hub assumes no responsibility for monitoring the XUXA mobile app, it will, when it deems it appropriate, investigate activity in connection with the XUXA mobile app that Family Hub believes may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by Family Hub, it will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. Family Hub reserves the right to restrict your activity on, and/or block your access to, the XUXA mobile app any time for any reason without notice to you.
(8) Disputes Between Users: The resolution of disputes that may arise between Users is the sole responsibility of the Users, and Family Hub has no liability or obligation with respect to any such disputes.
(9) Trademarks: Family Hub and XUXA and their respective logos are registered trademarks and/or service marks of Family Hub Inc. All other trademarks, service marks and logos used on the Family Hub Web Site and XUXA mobile app are owned by Family Hub or used with permission of their respective owners.
(10) Family Hub may change, suspend or discontinue any aspect of the XUA mobile app at any time, including the availability of any XUXA mobile app feature, database, or Content. Family Hub may also impose limits on certain features and services or restrict your access to parts or all of the XUXA mobile app without notice or liability.
(11) You represent, warrant and covenant that: (a) you will not upload, post, submit or transmit to or distribute or otherwise publish through the XUXA mobile app any materials which (i) restrict or inhibit any other User from using and enjoying the XUXA mobile app, (ii) are unlawful, threatening, abusive, libelous, defamatory, insulting, obscene, vulgar, offensive, hateful, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other codes, files or programs that are designed to disrupt, eradicate or limit the functions or operations of any computer software or hardware, or other electronic equipment, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) you have the consent of your parent or guardian.
(12) Indemnity: You hereby agree to indemnify, defend and hold Family Hub Inc., its subsidiaries and affiliates, and their respective officers, directors, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all claims, actions, damages, liabilities and costs (including, without limitation, attorneys’ fees and court costs) incurred by the Indemnified Parties in connection with or arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. Family Hub reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Family Hub.
(13) Web Links: The Family Hub Site and XUXA mobile app contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the XUXA app. Links to and from the XUXA app to other third party sites, maintained by third parties, do not constitute an endorsement by Family Hub or any of its subsidiaries or affiliates of any third party resources, or their contents. Family Hub disclaims any and all responsibility for content contained in any third party materials provided through links from the Family Hub Web Site and XUXA mobile app.
(14) THE FAMILY HUB WEB SITE AND XUXA MOBILE APP, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE FAMILY HUB WEB SITE AND XUXA APP, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FAMILY HUB AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE FAMILY HUB WEB SITE, XUXA APP OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE FAMILY HUB WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FAMILY HUB WEB SITE OR XUXA MOBILE APP OR ANY LINKED SITE. FURTHER, FAMILY HUB AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FAMILY HUB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FAMILY HUB WEB SITE, XUXA MOBILE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FAMILY HUB WEB SITE, XUXA MOBILE APP, OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAMILY HUB AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE FAMILY HUB WEB SITE AND THE XUXA MOBILE APP, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(15) Limitation of Liability: FAMILY HUB, ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE FAMILY HUB WEB SITE, XUXA APP, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE FAMILY HUB WEB SITE AND XUXA APP, EVEN IF FAMILY HUB KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE FAMILY HUB WEB SITE, XUXA APP, AND/OR SITE-RELATED SERVICES IS TO STOP USING THE FAMILY HUB WEB SITE, XUXA APP, AND/OR THOSE SERVICES.
(16) Jurisdiction: THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF FLORIDA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF FLORIDA, UNITED STATES OF AMERICA.
(17) This Agreement constitutes the entire agreement between Family Hub and you with respect to your use of the Family Hub Web Site and the XUXA mobile app. Any cause of action you may have with respect to your use of the Family Hub Web Site or the XUXA app must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived. Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such paragraph. If Family Hub fails to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive Family Hub’s right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83 permits customers of Family Hub who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@familyhubtech.com or write us:
Family Hub Inc. Privacy Rights
P O Box 372604
Satellite Beach, Florida 32937