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| Welcome to FellowTree.com, its an family place, an online history of entire family. More about FellowTree is your very own online family meeting place to share with entire family your Biography, photos, videos, exploring the family tree, remembering family events and keeping in touch more often by messaging. By using the fellowtree.com (the "fellowtree.com service" ), You also understand and agree that the Service may include advertisements and that these advertisements are necessary for FellowTree to provide the Service. You also understand and agree that the Service may include certain communications from FellowTree, such as service announcements, administrative messages and the FellowTree Newsletter, and that these communications are considered part of FellowTree membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided by FellowTree assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service. |
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| Changes to fellowtree.com terms and conditions |
| We reserve the right to modify fellowtree.com service for any reason, without liability to you or any other Member or any third party. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. In case any situation arrise for terminating the fellowtree.com service for any reason we will notify the registered user before 30 days, in this situation also we are not liable to you or any other Member or any third party. |
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| Your Registration Obligations |
| You must be a user to use FellowTree. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of INDIA or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FellowTree has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FellowTree has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). FellowTree is concerned about the safety and privacy of all its users. Please remember that the Service is designed to appeal to a broad audience. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. |
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| FellowTree Privacy Policy |
| Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.fellowtree.com/privacy-policy.php, You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to INDIA and/or other countries for storage, processing and use by FellowTree and its affiliates. |
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| Special Admonitions For International Use |
| Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. |
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Appropriate Conduct and Content Use |
The fellowtree.com service is made available for your personal, commercial, Businesses, organizations or other legal entities may use the fellowtree.com service for there communication purpose.
You may not use the fellowtree.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from INDIA or your country of residence.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
- modifying, adapting, translating, or reverse engineering any portion of the fellowtree.com service;
- removing any copyright, trademark or other proprietary rights notices contained in or on the fellowtree.com service;
- using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the fellowtree.com service;
- collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
- reformatting or framing any portion of the web pages that are part of the fellowtree.com service;
- creating user accounts by automated means or under false or fraudulent pretenses;
- creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
- submitting Materials of any third party without such third party's prior written consent;
- directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
- submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by fellowtree.com;
- submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
- transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- submitting Materials that are unlawful or promote or encourage illegal activity; or
- submitting false or misleading information.
While fellowtree.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the fellowtree.com service at your own risk. |
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| Disclaimer of Warranties |
fellowtree.com and its affiliates, licensors, partners, suppliers, consultants and agents (" FellowTree ") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the fellowtree.com service. FellowTree disclaims any and all responsibility and liability for the conduct of any Member.
The fellowtree.com service, and all materials, information (including, without limitation, any information or materials obtained or accessed through the fellowtree.com services), products and services included therein are provided "as is," with no warranties whatsoever. FellowTree expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
You agree that your use of the fellowtree.com service is entirely at your own risk. |
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| Hold Harmless and Indemnity |
| You agree to hold harmless and indemnify FellowTree from and against any third party claim arising from or in any way related to your use of the fellowtree.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, FellowTree will provide you with written notice of such claim, suit or action. |
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| Limitation of Liability |
| Under no circumstances will FellowTree be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the fellowtree.com service, whether or not FellowTree has been advised of the possibility of such damages. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the fellowtree.com service, from inability to use the fellowtree.com service, or from the interruption, suspension, or termination of the fellowtree.com service (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Under no circumstances shall FellowTree be liable to you for any amount. |
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| No Resale of Service |
| You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your FellowTree ID), use of the Service, or access to the Service. |
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| GENERAL PRACTICES REGARDING USE AND STORAGE |
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You acknowledge that FellowTree may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FellowTree's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FellowTree has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FellowTree reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FellowTree reserves the right to modify these general practices and limits from time to time.
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| TERMINATION |
| You agree that FellowTree may, under certain circumstances and without prior notice, immediately terminate your FellowTree account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines
(b) requests by law enforcement or other government agencies
(c) a request by you (self-initiated account deletions)
(d) discontinuance or material modification to the Service (or any part thereof)
(e) unexpected technical or security issues or problems
(f) extended periods of inactivity
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your FellowTree account includes
(a) removal of access to all offerings within the Service, including but not limited to FellowTree
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in FellowTree's sole discretion and that FellowTree shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. |
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| FellowTree'S PROPRIETARY RIGHTS |
| You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FellowTree or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. |
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