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Terms Of Use

Terms of Use

Revision Date: July 2, 2015

A. Reelvisits’ Contractual Relationship With You

“You” means the individual who contracts with Reelvisits to provide the Services, and anyone for whom such individual contracts with Reelvisits to provide the Services, all of whom are subject to these Terms of Use. When you access or use applications, products, content, web sites and services (the “Services”) that Reelvisits, Ltd. and its affiliates (together Reelvisits, Ltd. and its affiliates are referred to in this document as “Reelvisits”) within the United States of America and its territories and possessions, you are agreeing to these Terms of Use, and to be bound by them in a contractual relationship with Reelvisits. Any prior agreement or contract with Reelvisits is superceded by these Terms of Use. Reelvisits may, from time to time, immediately terminate these Terms of Use or any Services concerning you, or generally cease offering or deny access to the Services or any part of the Services, at any time for any reason.

READ THESE TERMS OF USE VERY CAREFULLY BEFORE ACCESSING OR USING ANY SERVICES OF REELVISITS, LTD. OR ITS AFFILIATES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE REELVISITS.COM OR ANY SERVICES OF REELVISITS, LTD. OR ITS AFFILIATES.

These Terms expressly supersede prior agreements or arrangements with you. Reelvisits may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

There may be Special Terms of Use that only apply to limited Services or for limited times, e.g., for particular promotions, events, activities or relationships, which may be published in connection with such promotions, etc. Those Special Terms of Use are in addition to, and will be considered to be part of, the Terms of Use, as applicable. The applicable Special Terms of Use shall be considered to override general Terms of Use in the event of any conflict or ambiguity.

Reelvisits may amend these Terms of Use and Special Terms of Use from time to time. Any such amendments shall be effective immediately upon their publication on Reelvisits.com, or communicated to you in connection with your use of the Services. If you continue to use any of the Services after such amendments, you will be considered to have accepted such amendments and you will be bound by the new Terms of Use and Special Terms of Use, if any.

Reelvisits’ use of your personal information is contained in our Privacy Policy, posted at Reelvisits.com.

B. The Services Defined

Reelvisits has built a technology platform that allows you and others to arrange and schedule visitation by Reelvisits’ independent affiliates, and allows the recording and uploading of

video/audio clips of yourself or a person you have designated, and the uploading of those video/audio clips to a family tree web site for viewing by anyone who has been provided access to your pages on Reelvisits.com. Reelvisits.com, the Services, and mobile applications provided by Reelvisits (each is an "Application"), to arrange and schedule visitation, recording and uploading services with third party providers of those services, including independent third party video/audio providers under agreement with Reelvisits or certain of Reelvisits's affiliates ("Third Party Providers"). Unless Reelvisits agrees to different terms or conditions in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

YOU ACKNOWLEDGE THAT REELVISITS DOES NOT PROVIDE VISITATION OR RECORDING SERVICES, AND THAT INDEPENDENT THIRD PARTY PROVIDERS PROVIDE SUCH SERVICES.

Grant of Limited License.

In consideration of your payment and your compliance with these Terms of Use and any Special Terms of Use, Reelvisits grants you a limited, non-exclusive, revocable, non-transferrable license that you may not sublicense, to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, solely for your personal, noncommercial use. Reelvisits expressly reserves any rights not explicitly granted in these Terms of Use.

Restrictions on Your Use of The Services.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Reelvisits; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

The Reelvisits Brand; Providing the Services.

Reelvisits may use various brands, logos, service marks, service names, trademarks, trade names and tag lines. You agree and acknowledge that the Services may be, from time to time and place to place, use different brands, logos, service marks, service names, trademarks, trade names, and tag lines, but that they are all parts of Reelvisits’ brand, and that independent Third Party Providers may provide some or all of the Services.

Reelvisits, Ltd. does not control independent Third Party Providers, the activities or procedures, means, methods, timing, or the content and Services that they produce. Third Party Providers might implement their own Terms of Use, rules or regulations which may take into account local conditions, personal relationships or other factors, and you agree to be bound by and follow those Terms of Use, rules or regulations. Reelvisits, Ltd. is not a party to relationships between you and any Third Party Providers, and is not bound by any agreement you might reach with any Third Party Provider.

Unrelated Third Party Services and Content.

Third party services, such as computer software and hardware, mobile devices and software, and other products and services, are provided by companies other than Reelvisits. You agree that each provider of third party services may adopt its own terms of use and privacy policies that control access to and use of their services. Reelvisits does not prefer one such service over another, makes no endorsement of any such service or content, and shall in no way be responsible or accept liability for any services or products of any third party provider.

You also agree and acknowledge that Google, Inc., Microsoft Corporation, Apple, Inc., or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry- powered mobile devices, respectively.1 None of these third party beneficiaries are parties to this contract and none are responsible for the provision or support of the Services in any manner. When you use or access the Services using these devices, your use and access is subject to terms

Ownership of The Services and Rights.

Reelvisits, Ltd. owns The Services and all rights pertaining to The Services. Neither these Terms of Use nor your use of the Services transfer, convey or grant to you any rights to use, own, transfer, pledge, hypothecate, transfer, sell, lease or reference in any manner Reelvisits' company names, logos, product and service names, trademarks or services marks or those of Reelvisits' licensors, except for the limited license granted by these Terms of Use.

C. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Reelvisits certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to- date information in your Account, on your Family Tree and in your Profile Page. Your failure to maintain accurate, complete, and up-to-date Account, Family Tree and Profile Page information, including having an invalid or expired payment method on file, may result in your inability to

1 Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited are not affiliated in any way with Reelvisits, Ltd.; and Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices are products and services of companies that have no affiliation with Reelvisits, Ltd.

access and use the Services or in Reelvisits' termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

User Requirements and Conduct; Age Restrictions.

Persons under age 18 may not contract for The Services, but may access their Family Tree, have their own Profile Page or even be the subjects of The Services. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive visitation or video/audio services from Third Party Providers, unless authorized by such persons’ parents or legal guardians. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, defamation, discriminatory injury or property damage, whether to any Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to of use of the Services if you refuse to provide proof of identity.

Text and Email Messaging.

By creating an Account, you agree that Reelvisits may send you informational text (SMS) and/or email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) or email messages from Reelvisits at any time by emailing the word STOP to stop@reelvisits.com. You acknowledge that opting out of receiving text (SMS) or email messages may impact your use of the Services.

Issuance and Use of Promotions.

Reelvisits may, in Reelvisits' sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Reelvisits establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Reelvisits; (iii) may be disabled by Reelvisits at any time for any reason without liability to Reelvisits; (iv) may only be used pursuant to the specific terms that Reelvisits establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Reelvisits reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Reelvisits determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Content Provided by You, Other Users and Third Party Providers Pertaining to You.

Reelvisits may, in Reelvisits' sole discretion, permit you and independent Third Party Providers from time to time to submit, upload, publish or otherwise make available to Reelvisits content from you. The Services textual, audio, and/or visual content and information, including

commentary and feedback related to The Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property.

By providing User Content to Reelvisits, you grant to Reelvisits a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or devised in the future (including in connection with the Services and Reelvisits's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Reelvisits the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Reelvisits' use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Reelvisits in its sole discretion, whether or not such material may be protected by law. Reelvisits may, but shall not be obligated to, review, monitor, or remove User Content, at Reelvisits' sole discretion and at any time and for any reason, without notice to you.

Data Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates to them. Reelvisits does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

D. Payment

Use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). To receive services or goods obtained through your use of the Service, Reelvisits will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Reelvisits. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods.

Reelvisits will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Reelvisits using the preferred payment method designated in your Account, after which Reelvisits will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Reelvisits may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Reelvisits, Reelvisits reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Reelvisits' sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Reelvisits will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Reelvisits may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Reelvisits does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Reelvisits (on Reelvisits' website, in the Application, or in Reelvisits' marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Reelvisits provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you may have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

E. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." REELVISITS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, REELVISITS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR

ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. REELVISITS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

REELVISITS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF REELVISITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REELVISITS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF REELVISITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REELVISITS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND REELVISITS'S REASONABLE CONTROL. IN NO EVENT SHALL REELVISITS'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

REELVISITS'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE VISITATION AND/OR VIDEO/AUDIO SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT REELVISITS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY VISITATION AND/OR VIDEO/AUDIO SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Reelvisits and its officers, members, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Reelvisits' use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

F. Dispute Resolution

Arbitration.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Reelvisits, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Reelvisits are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Reelvisits otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure.

Unless you and Reelvisits otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Reelvisits submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the

arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Reelvisits will not seek, and hereby waives all rights Reelvisits may have under applicable law to recover, attorneys' fees and expenses if Reelvisits prevails in arbitration.

These Terms are governed by and construed in accordance with the laws of the State of Ohio, United States of America, without giving effect to any conflict of law principles.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Reelvisits, Ltd., at 3080 Ackerman Blvd., Suite 330, Kettering, OH 45429.

Notice.

Reelvisits may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Reelvisits, with such notice deemed given when received by Reelvisits, at any time by first class mail or pre-paid post to Reelvisits, Ltd., 3080 Ackerman Blvd., Suite 330, Kettering, OH 45429.

General.

You may not assign these Terms without Reelvisits' prior written approval. Reelvisits may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Reelvisits' equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Reelvisits or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Reelvisits' failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Reelvisits in writing.