FamilyBookform Inc registered in Delaware, USA, mail address: 5020 Franklin Drive, Suite 100, Pleasanton, CA 94588.
And: Bookform Pty Limited ACN 605 514 592 registered in Australia.
FamilyBookform at www.familybookform.com (site, we us, our) enables anyone, particularly high school students, to collaborate with their teachers, family and community to collect oral histories, life stories and photos into a printable digital book.
These terms and conditions of use ("Terms") govern your use of the Site and form a binding contractual agreement between you, the user of the Site and us, Bookform Pty Limited (ACN 605 514 592). For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. If you are under 13 years old, please ensure you have permission from your parent/guardian. You can contact us on firstname.lastname@example.org.
1.1 Who we are. We are FamilyBookform Inc registered in the US, mail address: 5020 Franklin Drive, Suite 100, Pleasanton, CA 94588 and Bookform Pty Limited, registered in Australia. Our Australian company registration number is 605 514 592 and our operations address is Level 3/44 Montgomery Street, San Francisco CA 94104
1.2 What these terms cover. These are the terms and conditions on which we supply ‘FamilyBookform’ to you.
1.3 Why you should read them. Please read these terms carefully before you use FamilyBookform technology. These terms tell you who we are, how we will provide FamilyBookform to you, how both you and we may change or end the contract between us, what to do if there is a problem with FamilyBookform and other important information. If you think that there is a mistake in these terms please contact us to discuss.
1.5 How to contact us. You can contact us by emailing us at email@example.com or by post to our postal address, which is mail address: 5020 Franklin Drive, Suite 100, Pleasanton, CA 94588
1.6 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provide to us for that purpose.
1.7 “Writing” includes emails. When we use the words “writing” or “written” in these terms this includes emails.
2.1 FamilyBookform can be used by anyone. Everyone is welcome to use FamilyBookform and create books using our website. Please make sure you read and adhere to these terms when using FamilyBookform.
2.2 Creating an account. Before you start using any online features of FamilyBookform you will need to create an account either through our website or by using your existing Google or Office 365 account.
2.3 Specific terms for teachers or schools and students. If you are a teacher or school, or student one of the paragraphs of this clause 2 set out below will apply specifically to you.
2.4 Teachers and schools
FamilyBookform can be used by teachers, schools and other educational establishments as follows:
FamilyBookform can be used by students as follows:
3.1 Users of FamilyBookform must not:
4.1 All users of FamilyBookform should be aware that you must be 18 or older to accept these terms. If you are younger than 18 years of age you must have the consent of a teacher, parent or legal guardian to accept these terms.
5.1 If you include links to other independent websites which are not provided by us in your books created using FamilyBookform, please note that such independent sites are not under our control and we are not responsible for and have not checked and approved their content. You will need to make your own independent judgement about whether to use any such independent sites.
6.1 Other than in respect of any content you add to FamilyBookform when creating books, all intellectual property rights in FamilyBookform throughout the world belong to us or our licensors. The rights in FamilyBookform are licensed to you through the duration of our contract with you. You have no intellectual property rights in or to FamilyBookform other than the right to use FamilyBookform in accordance with these terms.
6.2 When you use your content or anyone else’s content with (“User Content”) you grant us a perpetual, non-exclusive, royalty free, worldwide licence to in respect of such User Content so that we can carry out certain activities and provide FamilyBookform to you. These activities include (but are not limited) to:
6.3 Please make sure that before you add any User Content to FamilyBookform that you have obtained any necessary permission and licences from third parties to enable you to grant the rights specified at clause 6.2 to us. If you are unable to obtain such permission and licences you must not use such User Content with FamilyBookform.
7.1 You may publish one or more copies of books you have created using FamilyBookform. You can make your books available to other people by sending them your book’s unique url link to our website that we generate, or by downloading the PDF version of your book to print-on-demand or share online.
7.2 If you publish a book using FamilyBookform and this is accessible using a link to our website we will make your book available during the time that you have a FamilyBookform account. We have the right, after notifying you, to delete any books and information stored on familybookform.com if you have not used your account for 18 months. You can download books at any stage and it is your responsibility to download books if you do not want to lose that content.
7.3 If you publish a book you may be able to set a price for people to buy the book. FamilyBookform’s terms and conditions of use will apply to any publication of books.
8.1 Minor changes to FamilyBookform. We may change FamilyBookform to reflect changes in relevant laws and regulatory requirements; and/or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of FamilyBookform.
8.2 More significant changes to FamilyBookform. In addition, we may make changes to FamilyBookform to improve it and if we do so we will notify you first.
8.3 Updates to FamilyBookform. We may update or require you to update FamilyBookform from time to time.
9.1 We may make changes to these terms where they require updating to address changes in the law or where we introduce new features of FamilyBookform that require additional terms to cover such features. We will post in advance of making changes to these terms. If the changes are significant we will provide a more prominent notice within FamilyBookform and you can contact us if you are unhappy with such changes and/or want to end your contract with us as a result of such changes.
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking our contract with you or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before purchasing FamilyBookform.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to FamilyBookform including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
10.3 Damage to your device or digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation or other instructions provided to you.
10.4 We are not liable for business losses. We only supply FamilyBookform for educational, domestic and private use. If you use FamilyBookform for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.1 We may transfer these terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it.
11.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if this transfer would mean that the person you are transferring to is in breach of these terms or otherwise illegal.
11.3 Nobody else has any rights under these terms (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Australian law and you can bring legal proceedings in respect of FamilyBookform in the Australian courts.