TERMS OF USE

Last Updated: [2/25/2021]

These terms of use (“Terms”) apply to your access and use of FamCal (the “Software”). Please read them carefully.

Accepting these Terms

If you access or use the Software, it means you agree to be bound by all of the terms below. So, before you use the Software, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Software. Also, if a term does not make sense to you, please let us know by e-mailing famcal@appxy.com.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective 30 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check FamCal for changes to these Terms.

If you continue to use the Software after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect and use information about users of the Software, please check out our privacy policy available at https://apps.appxy.com/FamCal/PrivacyPolicy.html

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Software may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Software, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Software.

If you discover or suspect any Software security breaches, please let us know as soon as possible.

Your Content & Conduct

Our Software allows you and other users to post, link and otherwise make available content. You are responsible for the content that you add to the Software, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Software, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Software. We may format your content for display throughout the Software, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content you post, link or otherwise make available on or through the Software.

You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Software, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for a maximum of 90 days and then delete them.

Appxy Materials

We put a lot of effort into creating the Software including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Software; (ii) modifying or otherwise making any derivative uses of the Software or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) reverse engineering or accessing the Software in order to build a competitive product or service; or (v) using the Software other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Software.

Unavoidable Legal Stuff

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SOFTWARE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SOFTWARE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL APPXY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO APPXY. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Software or the use of the Software by any person using your account, including any claim that your use of the Software violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Copyright Complaints

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Software.

Entire Agreement

These Terms constitute the entire agreement between you and Appxy regarding the use of the Software, superseding any prior agreements between you and Appxy relating to your use of the Service.

Feedback

Please let us know what you think of the Software, these Terms and, in general, FamCal. When you provide us with any feedback, comments or suggestions about the Software, these Terms and, in general, FamCal, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about the Software may be directed to us at the email address famcal@appxy.com.