FamTyme Terms of Service
The following are the terms of service ("Terms of Service") that define the relationship between FamTyme, Inc. (doing business as FamTyme EQ LLC ("Company," "FamTyme," "we," or "us")) and you, and govern your use of FamTyme services. Last updated: March 4, 2019.
Agreeing to our Terms
Permission to use FamTyme as long as you are complying with all of the terms and conditions of this Agreement, Company gives you permission to access and use the Service solely to enable your use of the Service. The Service is available for your personal, noncommercial use and should only be used for educational purposes or lawful purposes that help parents and children build stronger relationships at home and at school. Access to and use of the Service itself is free, but we do offer, and may add to in the future, optional Premium features that FamTyme may charge for. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
_Changes to the Service _
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we'll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Restrictions Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the FamTyme Technology and "Acceptable Use and Conduct" sections.
The Service and the FamTyme Technology are intended solely for the personal, non-commercial use of our Users and may only be used in accordance with this Agreement. "FamTyme Technology" means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including FamTyme proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and "look and feel" of the Services, and all other intellectual property, including all FamTyme Marks. "FamTyme Marks" means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of FamTyme. FamTyme Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the FamTyme Technology. You agree that, as between you and FamTyme, all the intellectual property rights in the FamTyme Service and FamTyme Technology, which does not include User Content (as defined below), are owned by FamTyme. These terms do not grant you the right to use any FamTyme Marks. You will not, nor will you allow any third party (whether or not for your benefit) to:
- Run, license, rent, lease, loan, distribute, or sell access to the FamTyme Service or the FamTyme Technology.
- Build or support (and/or assist a third-party in building or supporting) products or services in competition with FamTyme or access the FamTyme Service to build a product using similar ideas, features, functions, interface or graphics of the FamTyme Service.
- Use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the FamTyme Technology for any purposes other than as expressly permitted under this Agreement.
- Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any FamTyme Technology.
- Circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any User Content or FamTyme Technology or enforce limitations on use of the FamTyme Service or the User Content and FamTyme Technology.
- Remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Services or any FamTyme Premium Features or other custom products or merchandise, or otherwise use any of the FamTyme Technology in a manner that creates the impression that the FamTyme Technology belongs to you.
Your Information and Content
User Content and Activities
Consistent with applicable law, as between FamTyme and you, you, retain all ownership rights you have in any User Content. FamTyme does not claim any ownership rights in the User Content. Please note that, while you retain ownership of your User Content, any template or layout in which you arrange or organize such User Content through tools and features made available through any of our Service are not proprietary to you — rights to such templates or layouts will remain with us or our service providers. Your Responsibilities and FamTyme Rights
You agree that you are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. Users that the submitting User has all required rights to submit, post, upload or otherwise, own, use or disseminate the User Content it submits or uploads without violating any third-party rights. You are responsible for ensuring your User Content complies with the acceptable use and conduct and for any other guidelines or conditions specific to a particular category of User (e.g., child, parent). When you include User Content, you can create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. FamTyme is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom. All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. FamTyme cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that FamTyme and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any User Content through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice reports a User Content infringes someone's intellectual property rights.
_Your Likeness _
While FamTyme does not permit User Content containing personal information of Users under the age of 13 to be public, if you as a parent, upload any User Content to any area of our Service in areas that may be viewed by others containing your likeness or the likeness of others, you also agree to the following: You consent to the use of your likeness, and you have obtained (as necessary) the written consent, release, and/or permission of every identifiable individual who appears in your User Content to use such individual's likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained any necessary written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's first and last name or address) with such User Content. Analyzing User Submissions Our automated systems analyze your User Content (including emails) to provide you personally relevant product features, such as customized search results, and for spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. FamTyme will not analyze any personal information for the purpose of providing targeted advertising to child or parents. The foregoing shall not be construed to (i) prohibit FamTyme from marketing or advertising directly to parents or other Users so long as the marketing or advertising did not result from the use of personal information contained in child Data obtained by FamTyme from providing the Service (unless with parental/guardian consent), (ii) prohibit FamTyme from using aggregate to inform, influence or enable marketing, advertising or other commercial efforts by FamTyme, (iii) limit the ability of FamTyme to use Child Data for adaptive learning, or (iv) prohibit FamTyme from using Child Data to recommend educational products and services to parents/guardians, children so long as the recommendations are not based in whole or part in payment of other consideration from a third party.
Privacy and Security