5/5/2015
Welcome to WeAreFamily. The following ARX.NET SA Terms and Conditions are between you and ARX.NET SA and its affiliates and constitute a legal agreement that governs your use of the WeAreFamily product (“SERVICE”), software, mobile applications, services and related websites (collectively referred to as the “Service”). ARX.NET SA offers you access to the Service conditioned on your acceptance of these WeAreFamily Terms and Conditions, including your agreement to the Privacy Policy, the Code of Conduct and, if you use the Service with a mobile device, the End User License Agreement that applies to your device, each as amended from time to time (collectively, the “Terms”), and apply to your use of the Service. This term of service and Responsibilities governs our relationship with users and others who interact with WeAreFamily. By using or accessing WeAreFamily, you agree to this Statement.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use WeAreFamily to allow family members to use mobile devices safely, communicate and share content with your family members and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
2. Code οf Conduct
2.1. The Service contains communication features designed to enable family members to use mobile devices safely and communicate. You agree to use the Service only in ways that are appropriate and related to the purpose of the Service. You agree that when using the Service, you will not engage or attempt to engage in any improper uses. Improper uses include violations of the Code of Conduct.
2.2. If ARX.NET SA suspects violations of this Section, ARX.NET SA may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with ARX.NET SA in investigating suspected violations. ARX.NET SA 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 ARX.NET SA considers to be illegal or violations of these Terms.
3. User Content
3.1. Content may also be posted to the Service by users. “User Content” means all information, actions, activity, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that is posted to the Service by users of the Service or automatically according to Service operations. All User Content is the sole responsibility of the person from whose account the User Content originated. You are solely responsible for all User Content uploaded, downloaded, posted, emailed, transmitted, stored or otherwise made available through your account. ARX.NET SA 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 ARX.NET SA does not pre-screen the User Content, ARX.NET SA reserves the right to determine whether any User Content is appropriate and in compliance with these 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. ARX.NET SA does not guarantee the security or availability of any User Content transmitted or stored using the Service, and makes no representations that it will monitor access or use of the Service.
4. License to User Content
4.1. ARX.NET SA does not claim ownership of User Content you submit or make available using the Service. However, by submitting, posting or transmitting User Content and personally identifiable information on areas of the Service that are accessible by other users or the public, you grant to ARX.NET SA and those members of the public who have access to that User Content a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display that User Content on the Service, and to publish your name and other personally identifiable information in connection with that User Content. By submitting, posting or transmitting User Content on areas of the Service that are accessible to other users or the public, you represent and warrant that you are the owner of that User Content or have authorization to distribute it and that the use and publication of the User Content does not violate any law.
4.2. You understand that in order to provide the Service and make your User Content available on it, ARX.NET SA may transmit your User Content across various public networks, in various media, and may reproduce, modify or change your User Content to store and retrieve the User Content, to make it available to you and other members of the public, to comply with technical requirements, and otherwise in connection with operation of the Service.
5. Third Party Materials
5.1. The Service may contain links to third party web sites (“Linked Sites”) or third party videos (“Videos”). The Linked Sites and Videos are not under ARX.NET SA’s control and ARX.NET SA is not responsible for any Linked Site. ARX.NET SA provides these links as a convenience and the inclusion of any link does not imply ARX.NET SA’s endorsement or an association with its operators. When you access a Linked Site or Video, you do so at your own risk. Also, in the course of using the Service, you may download to your device content that is provided by third parties or access services and Linked Sites provided by third parties, such as social media partners, wireless carriers, and third party software application developers.
5.2. If you obtain anything from a third party over the Internet, directly or indirectly through the Service, including but not limited to 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 ARX.NET SA. Your relationship with respect to Third Party Materials is with the supplier, and not with ARX.NET SA. It is your responsibility to review the privacy policies and terms of use that apply to third party services, Linked Sites and Third Party Materials. Any claims you might have with respect to third party services, Linked Sites and Third Party Materials are against the supplier and not against ARX.NET SA.
6. Feedback
If you submit or provide suggestions for improving ARX.NET SA’s products and services (“Feedback”) to ARX.NET SA, you irrevocably assign to ARX.NET SA all right, title and interest throughout the world in the Feedback without the right to any compensation or royalties from ARX.NET SA and you waive any moral rights you may have in the Feedback. Further, you irrevocably waive and agree never to assert any claims against ARX.NET SA or any of ARX.NET SA’s successors in interest with respect to Feedback you submit or provide to ARX.NET SA.
7. ARX.NET SA Content; Proprietary Rights; License; Updates
7.1. “ARX.NET SA Content” means all information, graphics, text, images, software, sound files, video, communications and other materials, including all metadata associated with any content, that ARX.NET SA and its licensors provide to you in connection with the Service. ARX.NET SA and its licensors own all ARX.NET SA Content, including the selection and arrangement of the ARX.NET SA Content and the “look and feel” of the Service. ARX.NET SA and its licensors own all legal rights, title and interest in and to the Service, ARX.NET SA Content, and any software (including updates and upgrades thereto) provided to you as part of or in connection with the Service (the “Software”), including any and all intellectual property and other proprietary rights that exist therein.
7.2. ARX.NET SA grants you a personal, non-exclusive, nontransferable, limited license to use the Software as provided to you by ARX.NET SA as part of the Service and in accordance with these Terms.
7.3. ARX.NET SA 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 ARX.NET SA may automatically deliver these updates to you and you will receive and install them on your device as required.
8. Access to Your Account and Content
ARX.NET SA may access, use, store and disclose your account information and content (including mobile device usage information, location information and the content of your communications) to comply with the law and lawful requests or legal process, enforce the terms and policies governing your use of the Service, including investigations of any potential violation, detect or prevent security, fraud or technical issues, protect the rights or property of ARX.NET SA and its customers, when ARX.NET SA believes in good faith that the disclosure is necessary to protect the personal safety of ARX.NET SA, its employees, customers or the public, and as otherwise disclosed in the Privacy Statement.
9. No Warranties – Exclusion of Liability
9.1. The Service, Linked Sites, Videos, ARX.NET SA Content, Third Party Materials, third party services and all related websites, 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. ARX.NET SA and its suppliers and licensors make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement.
9.2. In particular, ARX.NET SA, its suppliers and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be provided on an uninterrupted, timely, secure or error-free basis; (iii) any information obtained by you using the Service will be accurate or reliable; or (iv) any defects or errors in the Software provided to you as part of the Service will be corrected.
9.3. ARX.NET SA does not control your wireless carrier, and no warranty is made as to coverage, availability or service provided by your wireless carrier. 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. ARX.NET SA does not represent or warrant that the Service or any feature or part thereof is available or appropriate for use in any particular location or mobile device.
9.4. You are responsible for compliance with all applicable laws in connection with your access and use of the Service.
9.5. ARX.NET SA and its licensors disclaim any direct or indirect liability from the use of the Service, including any liability for loss of profits. They also have no responsibility in case they are not able to provide the Service for any cause beyond their reasonable control.
10. Copyright Notice and Takedown Procedures
You agree to respect the intellectual property rights of ARX.NET SA and third parties. If you believe that material available through the Service infringes the copyright of any third party, please notify ARX.NET SA’s by sending an email to support@arx.net. After receiving notice, ARX.NET SA may remove or disable access to any infringing material. ARX.NET SA has the right to terminate any account or right of access to the Service for infringement of ARX.NET SA’s or others’ rights.
11. Applicable Law and Forum
11.1. These Terms are covered by the laws of Greece.
11.2. You and ARX.NET SA agree to submit to exclusive jurisdiction and venue in the Courts of Thessaloniki, Thessaloniki, Greece for any and all disputes, claims and actions arising from or in connection with the Service and these Terms. The United Nations Convention on the International Sale of Goods is expressly excluded from application to these Terms.
11.3. Any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or be barred.
12. Changes to these Terms
12.1. ARX.NET SA 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.wearefami.ly. 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.
13. Termination
13.1. You may terminate your account as set forth in your account settings or stop using the Service at any time. ARX.NET SA reserves the right to terminate these Terms or the Service at any time. Also, ARX.NET SA may suspend or terminate your access to the Service or any portion thereof at any time, if it believes you have violated the Terms (including violations of the Code of Conduct or failure to pay any amounts due) without notice. ARX.NET SA reserves the right to temporarily disable or limit access to your account if there is excessive usage.
13.2. Termination of your account will not relieve you of any obligation to pay any accrued fees and charges for the service up to and including the date of termination. If your account is terminated, ARX.NET SA may delete all information, files and content stored in or as part of your account, including but not limited to data files, email, stored messages, images, and preferences, but ARX.NET SA does not maintain all information in a form that can be deleted. Also, certain types of communications that you send to other users cannot be deleted, such as messages. Neither ARX.NET SA nor its licensors or service providers will be liable to you for any termination of your access to the Service.
14. Notices
ARX.NET SA may give you all notices (including legal process) that ARX.NET SA 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 ARX.NET SA. You agree to keep your email and mailing addresses current and to check for notices posted on the Service. You agree to send ARX.NET SA notice by mailing it to ARX.NET SA’s address support@arx.net.
