Site terms

OVERVIEW

This page states the terms and conditions (“Terms”) under which you use www.familiarmachines.com and any other web page or application linking to these terms (collectively, the “Site”). Please note that any use of this Site means that you agree to the following Terms.

The website operator, Familiar Magic & Machines Inc. (collectively with our affiliates, “we” or “us” or “our”) provides the information contained on this Site or any of the pages comprising the Site to Site users (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions in these Terms, the Privacy Policy and any other relevant terms and conditions, policies and notices on the Site (“Additional Terms”). The Additional Terms form part of these Terms.  

While are FamiliarsTM may appeal to a wide variety of ages, the Site (and ultimately, the ability to purchase Familiars in the future) are reserved to persons 18 or older (if the age of majority is higher than 18 where you live).  

We reserve the right to make changes to these Terms at any time by posting updated versions of these Terms or otherwise communicating the update. You also understand and agree that any personal information we collect in connection with your use of this website is subject to the website Privacy Policy.

1. A Product Note. Familiar Magic & Machines Inc. and its licensors reserve all proprietary and intellectual property rights, including, without limitation, patents, copyrights, trademarks, trade secrets and know-how in our zoomorphic robots with artificial intelligence known as “Familiars,” including, without limitation, all hardware, software, and other components and materials therein. You are welcome to join the waitlist on the Site to receive updates on when Familiars will be available for purchase. Obtaining a Familiar will be subject to separate terms and conditions provided in connection with a purchase opportunity. 
   
   

2. Site Access Rights and Restrictions. Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Site solely for your individual non-commercial purposes. You are prohibited to and shall not: (a)  copy the Site or its contents; (b)  modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site or its software code or content; (c)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to any source code of the Site or systems hosting the Site;  (d)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof; or (e)  remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Site. 
   
   If you are a member of the press or a potential business partner seeking to reference the Site or link to the Site, these Terms do not permit such type of activity and you need to use the “Contact Us” feature on the Site to communicate any special requests to us. No linking to the Site is permitted without separate written consent from us in each instance.
   
   

3. Reservation of Rights. You do not acquire any ownership interest in the Site or its contents under these Terms, or any other rights other than to use the Site subject to these Terms. We and our licensors and service providers reserve and retain all right, title, and interest in and to the Site, including all content, features, products, Marks (“Marks” means logos, trademarks, service marks, and trade dress) displayed in the Site, and all intellectual property rights in all of the foregoing. All Marks on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without written permission of the Site operator. The Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
   
   

4. Third-Party Materials. The Site may display, include, or make available third-party content or provide links to third-party websites, products or services (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. Our linking to Third-Party Materials is not an endorsement and you use such materials at your own discretion and risk.
   
   

5. Suspension. We may suspend, interrupt, terminate or limit any or all functionalities of the Site without prior notice. An individual user may optionally suspend or cease using the Site in his/her discretion. 
   
   

6. Termination. Your rights to use the Site under these Terms will terminate immediately and automatically without any notice requirement if you violate any portion of these Terms. Upon such termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Site.  Termination of your rights to access the Site will not limit any of our rights or remedies at law or in equity. 
   
   

7. Future Options. 

   1. You are not required to create an account to use the Site. If an account feature is offered in the future, we will update these Terms accordingly.

   2. We may offer the opportunity to join a fan club or group of Familiar owners in the future. If we do, we will advise you here where to find the terms for such a program.

   3. We may engage in giveaways from time to time. Each giveaway offer will have its own separate terms. 
      
      

8. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED AS-IS WITHOUT ANY WARRANTY. WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE OR DEALING. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR TO OPERATE WITHOUT INTERRUPTION. 
   
   

9. Limits on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, HARDWARE OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. OUR LIABILITY FOR  DIRECT DAMAGES WILL NOT EXCEED USD$10 IN THE AGGREGATE OR THE COST OF GOODS SOLD PER TRANSACTION THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
   
   

10. Indemnity. You agree to indemnify, defend, and hold us harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use or misuse of the Site (including negligent or wrongful conduct). 
    
    

11. Governing Law. We operate the Site from our business from the United States. These Terms are governed by and construed in accordance with the internal laws of the state of State of Massachusetts, USA without giving effect to any choice or conflict of law provision or rule of such state, as well as in accordance with applicable United State federal laws bearing on intellectual property rights and artificial intelligence. You are not permitted to export, re-export, content from the Site in violation of any U.S. export or re-export laws or regulations.
    
    

12. Entire Agreement. These Terms together with any Additional Terms comprise the complete agreement between us and you regarding use of the Site and the associated subject matter of these Terms. Individual consumer promotions or other offerings accessible or displayed via the Site, such as giveaways, may have their own separate terms and such terms shall be deemed to supplement these Terms and control with respect to their promotion in the event those terms conflict with these Terms.
    
    

13. Severability. If any provision of these Terms are illegal, invalid or unenforceable under applicable law, such illegal, invalid or unenforceable provision shall be deleted from these Terms and the remaining provisions will continue in full force and effect.
    
    

14. Waiver & Amendment. No failure to exercise, and no delay in exercising, on our part of any right or any power under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right hereunder. We may amend and update these Terms in the future and any such amendment will be effective upon the earliest of our posting of the updated terms on or through the Site, or our otherwise providing notice of the update. Your access or use of the Site after the effective date of any such amendment or update to these Terms constitutes your acceptance of the amended or updated Terms.
    
    

15. Suggestions.  With respect to any feedback, data, answers, questions, comments, suggestions, ideas or the like that you provide (“Feedback”) to us, whether using the Site, or otherwise, regarding the Site or our products or other offerings, you agree that: you have the right to provide the Feedback to us; we have no obligation to review, consider or act upon any Feedback; the Feedback is not confidential; and we have the irrevocable and unconditional right to use, implement, modify and publish the Feedback without attribution, notice or compensation to you.
    
    

16. Electronic Communications. When you use the Site, or send e-mails, and other digital communications to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, or notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    
    

17. Contact. Please direct any inquiries to us via the Site “Contact” feature.
    
    

18. Legal Notices. FAMILIAR(S) and FAMILIAR MAGIC & MACHINES are trademarks of Familiar Magic & Machines Inc., trademark registrations pending in U.S. and elsewhere. FAMILIARS are also subject to pending patent applications worldwide. 

    iRobot® and Roomba® are registered U.S. trademarks of iRobot Corporation, which is not affiliated with this Site. 

    References to the iRobot, Disney Imagineering, MIT and Boston Dynamics organizations on the Site are merely for background on our team’s experience and the Site is not affiliated with, associated with, or endorsed by such third parties.