FamilyTime.com Website Terms and Conditions
Please Read Carefully
By accessing this site (the "Site"), you agree to the following Terms and Conditions. If you
do not agree, you should exit the site and not use it further. FamilyTime.com, Inc. ("FamilyTime")
reserves the right to revise these Terms and Conditions at any time by updating this posting,
and also to modify or terminate any products, services, software, applications or features on
the Site at any time. All products, services, software, applications or features available
on or through this Site are subject to these Terms and Conditions, including but not limited
to the EXCLUSION OF WARRANTIES and Limitations of Liability below.
Limitations on Use
You may browse the Site, use its applications and features, and you may download material
displayed on the Site, all for non-commercial, personal use only. You may not remove any
copyright, trademark or other proprietary notices from materials you download. Nor may you
distribute, modify, transmit, reuse, re-post, or use any material from the Site for public
or commercial purposes. These limitations apply to all material on the Site, including but
not limited to the text, applications, computer code, images, audio and video. Any use
contrary to these limitations is a violation of the intellectual property rights of
FamilyTime and/or its contributors. Unless otherwise noted, all material on the Site is
copyrighted. Copyright violation is a serious offense, punishable by civil and criminal
Limitations on Liability
FamilyTime uses reasonable efforts to include accurate and up-to-date information in the
Site, but makes no warranties as to its accuracy. FamilyTime has not reviewed any sites
linked to the Site and is not responsible for the content of any off-Site pages or any
sites linked to the Site. Your access to, and use of, the Site, including your linking
to any other off-Site pages or other sites, are at your own risk.
Any merchandise, coupons, offers, products or services offered to you through links to the
Site are provided by third parties who are not affiliated with FamilyTime. FamilyTime
does not endorse any third-party sites or any offers available through any such sites.
FamilyTime has no responsibility for any transactions and communications between you and
any third party, including but not limited to any personal information you may choose to
provide to any third party.
Neither FamilyTime nor any other party involved with the Site shall be liable for any
direct, indirect incidental, consequential, or punitive or other damages or losses of
any kind whatsoever arising out of your access to, or use of, the Site, including but
not limited to any failure of performance, error, omission, interruption, defect or
computer virus, or the deletion, failure to store, misdelivery or unavailability of
any information, material, products, services, applications or features, even if advised
of the possibility of such damages or losses. FamilyTime's maximum liability to you for
all claims, including but not limited to negligence, shall in no event exceed the amount
you paid to FamilyTime to access this Site. By using the Site, you agree to release
and hold harmless FamilyTime, its affiliates, officers, directors and employees from
any and all claims, demands, damages, costs and expenses of any kind whatsoever relating
in any way to use of the Site.
Exclusion of Warranties
EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
FAMILYTIME DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILIY, TIMELINESS AND
PERFORMANCE OF ANY PRODUCTS, SERVICES, APPLICATIONS, FEATURES, INFORMATION OR ADVICE
ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS
TO THE SITE.
Some jurisdictions do not allow the exclusion of implied warranties or certain forms of
damages, so some of the above exclusions may not apply to you.
Your Stored Information: All of the information that you put into any FamilyTime application
(calendar, recipes, file cabinet, etc.) about your family is your own. We make every
reasonable effort to safeguard that data for you, and we will NOT make it available to
Other Submissions: Any communications or materials you transmit to any public area on
the Site (for example, postings on bulletin boards, etc.), or that you submit to us not
be used by us and our affiliates, licensees and assignees for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast and posting
in any and all media without compensation to you. This includes any ideas, concepts,
know-how, or techniques in any such submission.
By submitting any recipes or tips to us, you agree as follows:
- The recipes are your own. You did not copy them from anyone else or from a cookbook.
You have the right to submit them to us for publication.
- We shall have the right to post the recipes on our website, and to modify them in any way
we deem appropriate, either before or after posting.
- Our right to use the recipes is royalty-free (that is, without payment to you), and extends
to all media, whether now existing or later discovered, including but not limited to print,
film, electronic, etc. (not limited to our website). This permission is non-exclusive,
permanent, irrevocable and worldwide.
- You must include your name and e-mail address with any submission so we can contact you
with any questions. Your name (but not your e-mail address) will be posted with the recipes
on or website and reproduced with the recipes in any other media where we publish the recipes.
If you object to any modification(s) we make to the recipes, you may request to have your name
removed from any later publications.
FamilyTime is not responsible for any content, advice or information furnished or posted by members
or other third parties, including but not limited to postings on any bulletin boards, chat rooms,
member tips, member recipes, or other spaces that invite submissions.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site,
including FamilyTime™, and "One Day, All Homes Will Be Run This Way"SM are Trademarks of
FamilyTime. All other Trademarks, publicity rights and other rights are the property of their
respective owners. You do not have any license or right, by implication, estoppel, or otherwise,
to use any Trademark, image or other material displayed on the Site without the written
permission of FamilyTime or the third party that may own the relevant material.
Intellectual Property Infringement Claims
FamilyTime will respond as quickly as practical to any claims that infringing material appears
on the Site, including investigating any such claims and taking any appropriate action under
applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium
Copyright Act (the "Act"), we will take steps to remove or disable access to the allegedly
infringing material, including any links thereto. We will terminate access for any member
who is a repeat infringer. Notices of alleged infringement should be sent to:
- Registered Copyright Agent Sally J. Carter
1552 Post Road
Fairfield, CT 06430
(203) 292-2450 (fax)
If we remove or disable access to any allegedly infringing material, we may attempt to contact
the member or other person who has posted that material to give that person a chance to respond.
If there is a response, we will share it with the party who originally complained about the
alleged infringement, and will give that party an opportunity to seek a court order or other
judicial relief in accordance with the Act before we replace or restore access to the
allegedly infringing material.
FamilyTime reserves the right to pursue any and all legal and equitable remedies against
anyone violating these Terms and Conditions, including but not limited to terminating membership.
Any failure by FamilyTime to enforce any of its rights hereunder shall not be deemed a waiver
of such rights or of any other rights.
These terms and conditions are governed by the laws of the State of Connecticut, without
regard to principles of the conflicts of laws, and may not be modified except as expressly
stated herein. Any disputes relating hereto or to any use of this Site shall be resolved
exclusively in the State or Federal Courts located in the State of Connecticut, and you
and FamilyTime both consent to the jurisdiction of such courts for any such disputes.
Unless otherwise specified, this Site is made available only to provide information
about FamilyTime and its products and services. FamilyTime controls and operates this
Site from its headquarters in Westport, Connecticut, USA, and makes no representation
or warranty that materials in the Site are appropriate or available for use in any
other jurisdiction. If you use this Site from elsewhere, you are responsible for compliance
with all applicable local laws. Any downloadable software is furnished AS IS without
warranty, pursuant to the Limitations of Liability and Exclusion of Warranty sections
above. Software from this Site may also be subject to export controls imposed by the
United States and may not be downloaded or otherwise exported or re-exported as
follows: (1) into, or to a national resident of, any country to which the United States
has placed an embargo, including but not limited to Cuba, Iran, Iraq, Libya, North Korea,
Syria or Yugoslavia; or (2) to anyone on the United States Treasury Department's
Specially-Designated Nationals List or the United States Commerce Department's Table
of Denial Orders. If you download anything from this Site, you hereby warrant and
confirm that you are not doing so in violation of any such restrictions.