1. About FamLoop
FamLoop is owned, operated and presented to users by MotherApp Limited of Hong Kong. 'FamLoop' refers to all associated activities, services, mobile apps, domains and online content as well as any online service operated by MotherApp Limited. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING FAMLOOP.
2. Accepting the Terms
When you create an account on FamLoop you must read and accept our Terms and Conditions ('Terms') as well as 'Rules of Member Conduct' (see section 16). We also strongly advise parents and guardians to become familiar with our Privacy Policy before giving children under the age of 13 consent to play. By ticking the box that you accept the Terms when creating your FamLoop account, you signify that both you AND YOUR PARENTS agree with the Terms that constitutes a legally binding agreement. If you cannot accept the Terms, then you cannot create a FamLoop account.
It is important that you understand what you are allowed to do and not to do in relation to FamLoop. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST OBTAIN PARENTAL CONSENT BEFORE ACCEPTING THE TERMS AND CONDITIONS. You should also ask your parents for help if there is something you do not understand.
If you are a parent of a child under 18 years, who has created a FamLoop Account without your consent, and you do not agree to the Terms and the Rules of Member Conduct, please contact us at support@FamLoop.com. You will need to provide your child's user name and your real name so we are able to process the case. FamLoop will NEVER reveal or sell your email address to third parties, we dislike that sort of thing just as much as you do. FamLoop reserves the right to remove and/or reclaim any username at any time for any reason.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms to FamLoop. You or your child's continued use of the FamLoop following the posting of changes to these Terms will mean that you accept those changes.
3. Intellectual Propoerty
MotherApp Limited owns all materials that appear in FamLoop, including any trademarks, trade names, slogans, logos, designs, graphics, pictures, images, text, content, images or other materials, including all copyright, trademark, patent, moral rights, and other intellectual property rights thereto, excluding all 'User Generated Content and Submissions' (as defined in section 5).
All such rights of MotherApp Limited are hereby asserted and reserved, and you may not make any unauthorized use of FamLoop materials, including using FamLoop materials in a way that is likely to cause confusion among consumers, using FamLoop materials in a commercial manner, or otherwise infringing on MotherApp Limited's rights. You many not sell, resell or offer for any commercial purposes, any portion of the FamLoop services, including use of the FamLoop materials or access to the FamLoop materials.
4. Content Created by Users on FamLoop
Any content created exclusively on FamLoop including the result of the activities created by you, is owned by FamLoop, and is not considered to be user generated content.
5. User Generated Content and Submissions
When you create or upload content on FamLoop, you grant MotherApp Limited the right to use any of this information and material uploaded by you and to any user generated content on FamLoop.
The nature of submitting user generated content on FamLoop makes it impossible for MotherApp Limited to assume responsibility for any of the materials posted by users. The ideas, designs, suggestions, opinions, comments, and observations made by FamLoop users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as 'User Generated Content and Submissions') are not endorsed by FamLoop, and we make no guarantee regarding the reliability, accuracy, or quality of any User Generated Content and Submissions that is posted on FamLoop.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to FamLoop, and under the condition that we are not violating your privacy, you hereby grant FamLoop a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with FamLoop (and its successor's) business, including without limitation for promoting and redistributing part or all of the FamLoop (and derivative works thereof) in any media now known or hereafter developed.
6. Using FamLoop
You agree to use FamLoop in accordance with applicable law and the instructions which FamLoop gives for use, including the Terms and the Rules of Member Conduct.
A. No Unacceptable Material, Language and/or Behavior You are not allowed to create or upload content in any manner that violates or infringes the rights of others (including copyrights) and/or use language and/or behave in a way that can be deemed unacceptable; which is threatening or harassing; is pejorative, is obscene, lewd, violent or otherwise objectionable; or that encourages conduct that would break the law or could cause harm to persons.
'Unacceptable Material, Language and/or Behavior' is more specifically defined as; (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); contains a virus or other harmful component, or otherwise tampers with, impairs or damages FamLoop or any connected network, or otherwise interferes with any person or entity's use or enjoyment of FamLoop; or (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum; or (c) is antisocial, disruptive, or destructive, including 'flaming', 'spamming', 'flooding', 'trolling', and 'griefing' as those terms are commonly understood and used on the Internet.
B. No Technical Tampering Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble, adapt it, or otherwise reduce the Software to a human-readable form, except to the extent permitted by applicable law. Use of the Site or any software, code, device or other mechanism that allows automated posting, expedited posting, or other manipulation of posting or our services will result in immediate termination of the Account. FamLoop reserves the right, in its sole and absolute discretion, to determine what constitutes manipulation of posting or services. c. Noncommercial Use Only FamLoop must be used solely for your personal and noncommercial use.
7. Communication Through Public Forums.
'Public Forum' means an area, site or feature offered as part of any FamLoop owned and/or run sites (including social networks) that offer the opportunity for users to distribute Submissions for viewing by one or more users, including a chat area, message board or social community environment. YOU ACKNOWLEDGE THAT PUBLIC FORUMS AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION TO A PUBLIC FORUM. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are solely responsible for the Submissions you distribute on or through any FamLoop owned and/or run site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.
FamLoop is not responsible for, nor do we endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. FamLoop reserves the right to screen, refuse to post, remove, edit, store and/or review Submissions at any time and from time to time and for any or no reason including, without limitation, to ensure that the Submissions conforms to the Rules of Conduct, in our absolute and sole discretion.
8. Personal and User Information
You are required to submit your email to FamLoop when you create an account. FamLoop will NEVER reveal or sell your email address to third parties, we dislike that sort of thing just as much as you do. MotherApp Limited reserves the right to change, reclaim and/or remove any username and/or FamLoop name at any time for any reason. FamLoop also reserves the right to delete an account, if you use language that we deem inappropriate, or if we deem that you are in any other way in violation of our Terms and Rules of Member Conduct.
9. Going Offsite
From time to time, we may provide links to third party websites. Those links are provided as a service to you. We do not sponsor or endorse those third parties, nor do we control their activities. You should review any website terms and conditions, privacy policies, and other disclosures that those sites provide before interacting with those third parties, or providing them with information about yourself. MotherApp Limited is not responsible for the availability of such third party websites or content thereon. The use of these sites is at your own risk. MotherApp Limited is not responsible for any loss or damage which is related to these third party websites.
10. Responsibility
You agree to indemnify and hold harmless MotherApp Limited against all liability it may have in respect of and arising out of your use on FamLoop. You agree to use FamLoop and related services in a manner that will not damage MotherApp Limited. You undertake to keep MotherApp Limited and our employees and business partners harmless from all claims, losses and expenses, including reasonable legal fees, obtained as a result of third-party claims arising from your violation of the Terms, the FamLoop Rules or applicable law or of third parties copyright.
11. LIMITATION OF LIABILITY
SUBJECT TO MANDATORY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS' LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY FAMLOOP OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A FAMLOOP OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $1000 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY FAMLOOP. MOREOVER, SUBJECT TO MANDATORY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. FAMLOOP IS ENTITLED TO TERMINATE YOUR FURTHER ACCESS TO FAMLOOP OR CHANGE THE FAMLOOP OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY MADATORY APPLICABLE LAW. WITH RESPECT TO USERS WHO ACCESS FAMLOOP IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY IRRESPECTIVE OF THE DEGREE OF NEGLIGENCE.
12. Linking to FamLoop
Anyone linking to FamLoop must not imply or suggest affiliations to MotherApp Limited that do not exist, and the link may not refer to or portray MotherApp Limited in a false, misleading, derogatory or otherwise offensive manner.
13. Termination
MotherApp Limited shall be entitled to immediately remove, cancel or suspend access to your FamLoop Account and use of FamLoop for any reason, including violation of the Terms and/or the Rules of Member Conduct.
14. Notices
No representation or warranty is made as to whether FamLoop complies with the regulatory regime and local laws of any other countries apart from Hong Kong. Any legal matters that arise will be subject to the laws and jurisdictions of the courts in Hong Kong.
15. Questions?
All questions, comments or enquiries should be directed by email to: support@FamLoop.com; or by post to:
MotherApp Limited
Unit 209A, 2/F, Photonics Centre,
No.2, Science Park East Avenue,
Hong Kong Science Park, Shatin,
Hong Kong
16. Rules of Member Conduct
A. Keep Submissions and Tone Acceptable. By agreeing to our Terms, you agree to refrain from submitting any unacceptable material, to use language or behave in a way that is offensive or damaging to others. 'Unacceptable Material, Language and/or Behavior' is defined in section 6A.
B. No advertisement.
We do not want any advertising on any FamLoop. That does not mean that you should not mention other services or products, but we do not want any advertising links or images which are advertising or otherwise. FamLoop must be used solely for your personal and noncommercial use. If we evaluate the content of an Account is an advertisement, it will be removed.
C. No technical tampering
Cheating in any way, including through the use of technical tampering such as the decompiling of software is not permitted on any FamLoop owned and/or operated services. Please refer to section 6B for more details.
D. Consequences: Violation of Terms and Rules of Member Conduct.
By using FamLoop you agree that if you violate the Terms or Rules of Member Conduct, action will be taken against you. Depending on the severity of the violation, your account may be immediately terminated or you may receive a warning. If the violation is serious, your Account will be deleted, and you will lose all information and data related to your Account. FamLoop reserves the right to terminate a user's access to the services at any time in its sole discretion and without prior notice.
NOTE: We cannot and do not assure that other users are or will be complying with the Rules of Member Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. (For more information, please refer to section 11).