Access and Use
All materials displayed or transmitted on the FFES sites, including but not limited to text, photographs, images, illustrations, software, files, data, graphics or other content ("Materials") are owned by FFES or its clients, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties. When you download these Materials, they are provided to you by FFES under a license that is revocable. FFES or its client(s) retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the FFES sites in accordance with these terms and conditions. FFES reserves any rights not expressly granted under these terms and conditions of use.
Access and Use of FamilyFeatures.com or Culinary.net Web sites
You agree to take reasonable security precautions to protect your password and account acquired through registration or subscription, and if you are an entity, those of all your personnel. These precautions shall be at least as great as the precautions that you take to protect your own property, but in no event less than commercially reasonable and prudent care. You are responsible for all access to and use of the services and FFES sites through your account and password, whether or not you have knowledge of or authorize such access and use, and FFES shall not be responsible for any failure to adhere to the obligations of this paragraph. You will notify FFES immediately of any unauthorized use of your account or password, or any other security breach of which you are aware. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential.
You assure FFES that the information you provided for registration or subscription is current, complete, and accurate and if such information should change, that you will promptly update such information accordingly. You must use the e-mail address used to create the account for e-mail communication with FFES.
Access and Use of Editors.FamilyFeatures.com Web site
If you are a subscriber, you can use the materials on the editors.familyfeatures.com site (the "Media Web site") for publication in print and online.
In developing the content, Family Features works with sponsors to create timely editorial content.
If materials are used as provided, sponsor attribution is already included.
If you choose to edit the materials, we require attribution in one of the following ways:
- Attribute the materials with a simple "recipe courtesy of..." or "materials courtesy of..." statement.
- Photos may be used only in conjunction with the story provided. They may not be used independent of the story and should include appropriate attribution to the sponsor/source eg. "photo courtesy of..."
- Direct readers to the Web site for more information. "For more tips and ideas go to www.[SponsorSite Address Here].com."
For Print Usage
We appreciate receiving tear sheets for any materials you publish. This allows us to track usage of the materials. This can be done using one of the following simple methods:
- Upload PDFs through the Web site by selecting "My Account" and then "Order History" from the main menu.
- Return tear sheets in the postage-paid envelopes we provide
For Online Usage
To allow us to track usage of Materials online, we require that you comply with our Online Tracking Methods. The Online Tracking Methods would consist of one of the following three options:
- Retain FFES tracking code provided in the XML or HTML feeds within your online page
- Obtain FFES tracking code if you create your own online version of our content
- Or, provide FFES with weekly Excel reports that tabulate the number of visits, unique visitors, page views, click-thrus of each link and average length of time on article for each main article.
For more information on online tracking, contact:
Family Features Editorial Syndicate
5825 Dearborn St. Mission, KS 66202-2745
Attn: Media Dept. 888-824-3337
Access and Use of MediaResourceCenter.com Web site by Subscribers
If you are a subscriber, you can use the materials on the MediaResourceCenter.com site for publication in print and online. We require that you always show attribution in one of the following ways:
- Attribute the materials with a simple "recipe courtesy of..." or "materials courtesy of..." statement.
- Attribute photos to the sponsor eg. "photo courtesy of..."
- Direct readers to the Web site for more information. "For more tips and ideas go to www.[SponsorSite address Here].com."
Access and Use of MediaResourceCenter.com Web site by Contributors
Revocation of Right to Use One or More of the FFES Sites
- Posting or uploading any Materials, including without limitation Assets, to any websites or tangible forum, or otherwise supporting websites or tangible forums, providing goods or services which compete, directly or indirectly, with FFES, or otherwise using the Materials or Assets to support said competitive websites or tangible forums; or
- Posting or uploading any Materials, including without limitation Assets, to any websites or tangible forum, or otherwise supporting websites or tangible forums, providing goods or services relating to promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or include pornographic or objectionable content, or which FFES notifies you in writing are otherwise objectionable; or
- submit to any of the FFES sites or otherwise cause to be disseminated through the FFES sites any information, including without limitation copyrightable works, trademarks, trade dress and service marks, which is the property of any third party without the requisite permission or license granted by that third party, nor otherwise violate any rights of any third party through use of any of the FFES sites.
DISCLAIMER OF WARRANTIES AND LIABILITY
FFES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FFES SITES' CONTENT. THE WEB SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE FFES SITES, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FFES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FFES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE FFES SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE FFES SITES OR THE SERVERS THAT MAKES THE FFES SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FFES DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THESE FFES SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT FFES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FFES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FFES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE FFES SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless FFES, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these Terms, claims of infringement by Materials you have provided of any intellectual property rights, or any activity related to your use of the FFES sites (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the FFES sites using your Internet account.
Links to Other Sites
The FFES sites may provide access to other Web sites. FFES does not control these sites, and you access them solely at your own risk. FFES also does not endorse or approve any products or information offered at sites you reach through the FFES sites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the FFES sites or have moved to another Web site.
FFES controls and operates the FFES sites from the company's headquarters in Mission, KS, in the United States of America. We in no way warrant or imply that the materials on the FFES sites are appropriate for use outside of the United States. If you use the FFES sites from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the FFES sites in violation of U.S. export laws and regulations. Any claim relating to the FFES sites or your use of it shall be governed by the internal substantive laws of the State of Kansas, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the FFES sites shall be in the state or federal courts located in Johnson County, KS.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and FFES regarding all aspects of your use of the FFES sites. All understandings, agreements, promises, and conditions previously made between the you and FFES with respect to the subject matter of this Agreement (including the Materials or FFES sites) are merged and integrated in this Agreement, and all prior agreements between the parties with respect to that subject matter are superseded by this Agreement. You acknowledge that neither FFES nor any person acting on behalf of FFES has made any promise, representation or warranty whatsoever, express or implied, oral or written, not contained in this Agreement. No change, modification, or waiver of this Agreement asserted or attempted by you shall be binding upon either party unless it is made by an instrument signed by an authorized representative of the party who is to be charged with the modification. A waiver by either party of any provision of this Agreement in any instance shall not be deemed a waiver of that provision, or any other provision, as to any future instance or occurrence. All remedies, rights, undertakings and obligations contained in this Agreement shall be cumulative, and none of them shall be in limitation of any other remedy, right, undertaking or obligation of either party at law or in equity. If any provision of this Agreement or the application of it to any person or circumstance shall be invalid, illegal or unenforceable to any extent: (i) that provision or portion shall be deemed to be severed or limited, and this Agreement shall be considered to be amended to give effect to the intention of the parties insofar as that is possible, and (ii) the remainder of this Agreement and its application shall not be affected and shall be enforceable to the fullest extent permitted by law. The captions of the sections in this Agreement are included for convenience only and shall not affect the interpretation of any provision. Either party may assign this agreement in whole or in part, so long as the assignee agrees to be bound by its terms. You acknowledge that FFES provides the FFES sites and FFES' services as an independent contractor to you and other users. Provision of same in no way gives rise to an agency or other fiduciary relationship between FFES and any user of an FFES site or FFES' services.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide FFES with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
FFES's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Family Features Editorial Syndicate
Attention: Copyright Notice
5825 Dearborn Street Mission, KS 66202
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.