Terms of Use

For Families

Terms of Use

Thanks for visiting Famjama. By using or accessing the Famjama website and services, you agree that you have read, understand and are bound by the Famjama Terms of Use (“Terms”) on this page. We reserve the right to delete or change any portion of these Terms without further notice. You agree that your continued use of the Famjama site and any Famjama services constitutes your acceptance of these Terms.

1. Age, Eligibility and Privacy

While we recommend that all accounts be used under the guidance and supervision of a parent or guardian, you must be a MINIMUM AGE OF THIRTEEN (13) TO ESTABLISH A FAMJAMA ACCOUNT and to use the service without parental supervision.  Any person under the age of thirteen (“Youth”) is required to have parental supervision when using the Famjama site.  “Parental supervision” means that a parent or guardian logs-in and uses the Famjama site on a regular basis and that parent or guardian monitors the Youth’s activities and privacy settings.  If you are required to register as a sex offender in any jurisdiction, you are not allowed to use the Famjama site or any Famjama services.

Famjama takes your privacy very seriously. Please see our Privacy Policy for an explicit description of the policies and steps that Famjama takes to protect your family's information. There you will also find important information and recommendations you can use to more safefy use the Famjama site and services.

2. Registration, Log-in and General Account Security

When you register to establish an account on Famjama, you provide an email address which is used as a “user name” which is an identification for you to the Famjama site. You also choose a password which allows you to authenticate your identify when you login to the site.  It is absolutely your sole responsibility to keep your password and other login information private and to NOT share this information with any other individuals. Should you choose to share this information with anyone else, your account may no longer be secure.

3. Registration, Log-in and Account Security for Sub-Accounts

With your permission and assistance, members of your family and other family associates, such as babysitters or housekeepers, may set up “Sub-Accounts” under your main account.  When you establish your account on Famjama, you are automatically set up on the site as an Account Administrator which allows you the highest level of control of your account, which includes adding and removing Sub Account as well as setting privacy settings and usage privileges for those Sub Accounts. When you set up a Sub-Account:

1) You have the choice of allowing that individual to access the site from a remote location, i.e. from a computer that you do not personally control. To do this, you input the Sub Account Holder’s email address and choose a password for the user.  At this point, you and the Sub Account Holder are jointly responsible for the Sub Account Holder password and other login information shared between you. 

2) It is your sole responsibility to make sure that the Sub Account Holder understands that this information is to be kept absolutely confidential and that compromising this information means compromising the security of the family account on Famjama. 

3) You understand that as an account Administrator, you can change the privacy and control settings of any Sub Account Holder at any time. This includes determining what contact information is shared with Family Friends (see below), remote access (as stated above) and various permission for how the Sub Account Holder can use the Famjama site.

4) You understand that it is good practice to change every password on the account at least once per month.

5) If you make the Sub Account Holder an “Administrator” by providing administrative privileges, then you understand that that the Sub Account Holder shares the same rights and controls as you with regards to controlling and using the Famjama site.  Extending Administrative privileges extends full control of your account and you should be cautious about doing so.

6) You agree that any of private information displayed under the sub-accounts and any rights issued to that Sub-Account could be made available in a public format, such as on a public computer, if the Sub-Account holder does not use good privacy practices.  Good privacy practices include:

        a) Making sure to log out of a private site when finished accessing that site on a public computer. 

        b) Being careful not to display information from a private or protected site in a public environment where sensitive information could be viewed by an third party.

        c) Never disclosing login information to any second party.

4. Sharing Content

The content and information you add to your account in Famjama (“Content”) belongs to you. You control how your content is shared with others through your privacy settings as well as the practices you establish within your family. Famjama is a site which is designed to share information, however, and thus we must ask you to agree to the following:

You are the owner of your Content and you will not post or publish content owned by others (without authorization by the actual owner).

If your Content is covered by any intellectual property laws such as copyrights and trademarks and is owned by you (Licensed Content), you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use Licensed Content on the Famjama site. This License ends when you delete the Licensed Content or your account (except to the extent your content has been shared with others prior to your deletion of the content).

Any deleted Content is removed from immediate access via the Famjama site, but even deleted content may remain in system backups and on other forms of publically inaccessible media for a limited period of time after deletion from the website.

5. Famjama Advertising

Famjama is an advertising supported site – this is how we offer it to you for free.  We make every effort to ensure that  advertising displayed on the Famjama site is appropriate and relevant for the Famjama user base.  We further attempt  to choose advertising which offers real value to our users.  Famjama will on occasion use third party sources for advertising called ‘ad networks’ which deliver advertising automatically from a variety of advertisers.  These networks are also designed to deliver advertising that is relevant and appropriate for our audience, however, because the exact origin of these ads is out of our direct control we cannot guarantee their quality, relevance or appropriateness. 

If you view an advertisement which you feel is either inappropriate or in poor taste on the Famjama site, please let us know by sending a note to support@famjama.com.  Make sure to cite the advertiser and any other information from the ad that will help us identity it and remove it from the site.  Thank you.

Your personal information is never shared with any advertiser by Famjama without your express consent.  Please see our Privacy Policy for more information.

6. Your Feedback and Suggestions

Any suggestions or feedback provided by you to us concerning the Famjama site or related a related subject are considered ‘free of charge’ and while we greatly appreciate your assistance, you will not be compensated for the information your provide – except for a big “Thank you,” because we seriously appreciate it.

7. Safety and Use of Content

The safety of you and your family is of utmost concern to us at Famjama.  We have put systems in place and have provided you information about how to keep your information private, but ultimately you control your account and using it safely is up to you.  It is also up to you to properly inform your Sub-Account holders to assure that all in your family are using the best practices to ensure the safe use of the Famjama site. 

1) You will not post Content or use Famjama in any way that infringes on the rights of another individual.

2) You will not post Content that is considered lewd, contains nudity or graphic violence;  is considered generally offensive, pornographic or threatening,

3) You will not collect information or Content of other users by any automated means such as bots, scrapers or spiders.

4) You will not spam others using any messaging tools provided by Famajama.

5) You will not solicit login information from another Famjama user using the Famjama site or by any other means.

6) You will not use Famjama in any way to facilitate or perform an illegal act (violate the law).

7) You will not use Famjama in any way to promote a discriminating message or perform or encourage any discriminatory act.

8) You will not post identifying information about another individual without their consent including, but not limited to, email addresses, handles, phone numbers and living addresses.

9) You will not use Famjama  intellectual property such as trademarks or copyrights without our express consent.

8. Famjama Rights

Famjama reserves the absolute right to remove any Content from the Famjama site at any time and solely with its own discretion.  Famjama also reserves the right to disable or remove any user account at Famjama’s discretion. In such a case, we may or may not try to notify you.  In such case you are still bound by the provisions of this agreement regarding Safety and Sharing of Content.

Famjama also reserves the right to block access to the Famjama site from any internet locations it deems threatening based on any criteria such as, but not limited to, IP addresses.   

Famjama can change this agreement with reasonable proper notice to you via email or via the Famjama messaging system (Famjama Notices). Reasonable proper notice will be considered seven (7) days.
Use at Your Own Risk

9. Email Communication

From time to time, Famjama may send you email messaging regarding changes in the Terms of Agreement of Privacy Policies, critical issues or system failures, upgrades to the site, new services being offered by Famjama and other timely information regarding the Famjama service. Famjama will not use email communications in a frivolous way and will reserve email communications for important communications with our customers.  You will be provided an option to unsubscribe to these emails. Should you unsubscribe to these emails, then Famjama will not be responsible for any important communications missed by you.

Famjama may also offer you opt-in email services such as the ability to receive a weekly schedule or update by email. You must actively choose to receive these emails and accordingly, you can unsubscribe these emails at any time.

Famjama may also offer you opt-in email services by third-party service provides who provide value add services through the Famjama site. You must actively choose to receive these emails and accordingly, you can unsubscribe these emails at any time.

10. Deleting Your Account

Should you decide to quit using the Famjama service, you can also request that your account be deleted from the system. Due to the sensitivity of scheduling and other information stored in Famjama accounts, Famjama follows a strict procedure before permanently removing information from the server. This protects against any possible accidental or potential malicious act of deletion of another person’s account. When an account is deleted by Famjama personnel, all data for that account is permanently deleted.

If you wish to delete an account, you will be asked to submit a request by email to the support department at Famjama. Upon receiving the request, the support department will respond to the email on file for the account to be deleted. The email from support will request that the user respond – this assures Famjama support that the person responding has access to the email account on record and thus there is a high likelihood that the person requesting the deletion is the person responsible for the account. If Famjama did not take this precaution, an email request could easily be spoofed and accounts erroneously deleted.

You understand that Famjama takes care and precaution when deleting accounts, however, while our procedures are intended to protect unintended deletions, we cannot guarantee that your account will not be deleted either accidently or through the malicious act of a third party.

11. Other

Famjama makes every attempt to keep the site virus/bug free, however we cannot guarantee that it will not be used maliciously by others in attempt to do harm to our customers. WE ARE PROVIDING FAMJAMA "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FAMJAMA WILL BE SAFE OR SECURE. FAMJAMA IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FAMJAMA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FAMJAMA WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FAMJAMA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1) This Statement makes up the entire agreement between the parties  (you and Famjama) and supersedes any prior agreements.

2) If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

3) If Famjama fails to enforce any of this Statement, it will not be considered a waiver.

4) Any amendment to or waiver of this Statement must be made in writing and signed by us.

5) The  rights or obligations under this Statement are nontransferable and you cannot transfer them to anyone else without our consent.

6) All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

7) Nothing in this Agreement shall prevent us from complying with the law.

8) This Statement does not confer any third party beneficiary rights.

© Famjama 2010