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Terms of Service
GENEALOGY.COM TERMS OF SERVICE
Last updated on July 6, 2009
1. Terms and Conditions - Revision as of July 6, 2009 This Agreement applies to the following Web sites: www.genealogy.com, familytreemaker.com, and genealogylibrary.com (collectively, the "Sites"). In addition, when using particular services provided through the Sites, including World Family Tree and User Home Pages, you shall be subject to any additional posted guidelines, rules, and terms and conditions applicable to such services. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into the Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES. YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT. Any questions about the meaning or application of this Agreement should be directed to www.genealogy.com/help.
2. Description of the Services
3. Registration Obligations/Screen Names In consideration of your use of the Sites and the Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Sites and/or the Services. You are responsible for maintaining the confidentiality of your password and agree not to transfer your use of or access to the Sites or any Services to any third party. You are fully responsible for all activities that occur under your password and/or user name. You agree to (a) immediately notify Genealogy.com of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session, if applicable. Neither Genealogy.com nor its parents, subsidiaries, or affiliated companies (collectively, "Affiliated Companies") are liable for any loss or damage arising from your failure to comply with any or all of the foregoing obligations.
4. Ancestry privacy policy relating to users of Genealogy.com
5. Rules of Conduct A. Post, transmit, or otherwise make available anything that is or may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii) defamatory; (iii) fraudulent or tortuous; (iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary right. B. Use the Sites for any illegal purpose; or post, transmit, or otherwise make available any material which would give rise to criminal or civil liability, which encourages conduct that constitutes a criminal offense, or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking, or phreaking. C. Post, transmit, or otherwise make available any material that would violate another person's privacy or other rights. D. Post, transmit, or otherwise make available any material, non-public information about a company without the proper authorization to do so. E. Interfere with any other user's right to privacy. In addition, you will not harvest personally identifiable information about users of the Sites without their express consent. F. Impersonate any person or entity, including, but not limited to, any Genealogy.com representative or another user of Genealogy.com's Services; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent. G. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment. H. Interfere with or disrupt the operation of the Sites or any Services, or the servers or networks that provide the Services; or disobey any requirements, procedures, policies, or regulations of such networks. I. Restrict or inhibit any other user from using the Sites, including by means of hacking or defacing any portion of the Sites. J. Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation. K. Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or the Sites. L. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Sites. M. Remove any copyright, trademark, or other proprietary rights notice contained on the Sites. N. Frame or mirror any part of the Sites without Ancestry's prior written authorization. O. Create a database by systematically downloading and storing all or any of the content on the Sites.
6. Payment 7. Monitoring and Disclosure of Content A. We and our designees host message boards, chat rooms, and other forums (including without limitation, User Home Pages, Personal Home Pages, family trees, and Virtual Cemetery) made available through the Sites (collectively, the "Forums"). You acknowledge that Genealogy.com does not pre-screen content posted by users, and that Genealogy.com shall not be responsible for policing, monitoring, or editing such content. Notwithstanding the foregoing, Genealogy.com shall have the right, in its sole discretion, but not the obligation, to monitor and/or delete any content (a) in connection with responding to or commenting upon communications by participants to determine compliance with this Agreement, (b) that Genealogy.com believes to be in violation of this Agreement, (c) about which Genealogy.com has received complaints, or (d) which Genealogy.com finds to be objectionable for any reason, with or without notice to you. B. All content you input, post, or upload to the Sites or through a Service, including any home page, family tree or submission to Virtual Cemetery, automatically becomes part of an online archive that others can see and search. If you post content through certain Genealogy.com Services, including without limitation, World Family Tree and/or User Home Pages, and have provided your contact information in connection with such Service, and another user contacts us with any concern regarding the posting, we may encourage such user to address his/her concern about any information on such Service directly with you. If the Service, such as a User Home Page, allows for password protection, and you have activated password protection with respect to your contact information, we reserve the right to disclose, in our reasonable discretion, your e-mail address (or other contact information if you have not provided us with a valid e-mail address) to allow users to address concerns directly with you. If another user contacts you with any such concern, you agree to work with such user in good faith to resolve the concern. In addition, Genealogy.com reserves the right, in its sole discretion, to contact you in order to address the concern directly with you, regardless of whether you may have opted out of certain communications from Genealogy.com. Genealogy.com may, in its sole discretion, remove the content (or any portion thereof) that gave rise to the concern, with or without notice to you. You acknowledge that we neither endorse nor are responsible for any communications from other users to you. Any personal information that you input, post, or upload to the Sites will be treated by us in the manner described in our Privacy Policy. C. Once you have input, posted or uploaded certain content, such as a family tree or home page that you create, you may edit and/or delete such content. With respect to other content that you input, post or upload, such as any submission to Virtual Cemetery that you create, you may elect to delete (but may not edit) such content. In certain situations, for example, when you submit content to the World Family Tree or post content on message boards or in chat rooms, you may not edit or delete such content once it has been submitted. Whenever you first use a Service that allows you to input, post or upload content to the Sites, to the extent that your ability to edit or delete such content is not disclosed in this Agreement or the Privacy Policy, we will try to explain to you how and whether you can change or delete such content. D. You acknowledge and agree that Genealogy.com may preserve any content that is posted on or made available through the Sites, and may disclose any content and its origin if Genealogy.com believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Sites, their users, or the public. 8. Ancestry's Proprietary Rights A. Subject to the Genealogy.com Privacy Policy, by inputting, uploading or posting any family tree information, data, family stories, ideas, drawings, opinions, messages, eyewitness accounts, or any other information or materials, or engaging in any other form of communication (each, a "Submission") through the Sites, you grant Ancestry and its Affiliated Companies a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, transferable, worldwide license to (i) use, copy, sublicense, adapt, transmit, distribute, publicly perform, archive, and display any such Submission in any medium now known or hereafter developed; (ii) exploit any proprietary rights in such Submission, including but not limited to rights under copyright, trademark, or patent laws in any relevant jurisdiction; and (iii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights. B. You represent and warrant that (i) all content and information included in your Submission(s) is truthful and accurate; and (ii) if you post information relating to any living person in a Submission, you have obtained all appropriate permissions to post such information on the Sites and to allow us to use such information in accordance with this Agreement. We will not be subject to any obligation of confidentiality, attribution, or otherwise with respect to Submissions, other than as expressly set forth in our Privacy Policy, and will not be liable for any use or disclosures of any Submissions, or any content contained therein. You release Ancestry and its Affiliated Companies from any and all claims or liability (now known or hereafter arising) in connection with any Submission made by you, and agree to indemnify fully Ancestry and its Affiliated Companies in connection therewith. This section shall survive any expiration or termination of this Agreement. C. Ancestry shall have the right and sole discretion, but not the obligation, to alter, remove, or refuse to post any Submission or other content, in whole or in part, that it believes, in its sole discretion, to be in violation of the Agreement, about which it has received complaints, or which it finds to be objectionable for any reason. D. You acknowledge and agree that you shall receive no compensation, monetary or otherwise, for any Submission and that Submissions that are input, uploaded, or posted by you to the Sites may become part of a database that is owned exclusively by Ancestry, and that may be reproduced by Ancestry in any format, in whole or in part, including without limitation in an electronic storage format, such as CD-ROM or DVD or an online subscription, for distribution, sale, or any other purpose, throughout the world. E. You acknowledge and agree that the information and materials presented to you on or through the Sites, including the Content, are the property of Ancestry and its licensor and suppliers, and are protected by copyright, trademark, patent, database or other proprietary rights and laws. Except as expressly authorized by Ancestry, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the materials, including the Content, made available on or through the Sites, in whole or in part. Trademarks and service marks of Ancestry include without limitation: Family Finder®, World Family Tree®, Family Gathering®, Family Tree Maker®, Family Origins®, Genealogy.com®, Family Tree Detective®, All In One Tree®, Internetree®, Family Tree Creator®, Ultimate Family Tree®, Family Archives™, and Your Family Story Is Waiting™, and any associated logos. 9. Limitations of Liability and Disclaimer of Warranties A. Ancestry is a distributor only, and not a publisher, of Submissions, messages, data, information, personal home pages, chat room, bulletin boards, other online forums or other materials of any kind posted in its Forums. Please be aware that there may exist Submissions or material in the Forums that is inaccurate, misleading, or deceptive. All Submissions, statements, advice, and opinions made by users of any Forum are those of such users only, and Ancestry and its Affiliated Companies neither endorse nor shall be held responsible for the reliability or accuracy of any such Submission, statement, advice and/or opinions, or for any injury, loss, or damage which occurs as a result of such Submission, statement, advice, opinions, or other information provided in any Forum. In addition, Ancestry and its Affiliated Companies have no control over, and shall have no legal liability for, any damages resulting from (i) the use, including republication, or misuse, by any third party, of information voluntarily made public by a user of the Sites; or (ii) any disclosure of your information in accordance with the terms of this Agreement and/or our Privacy Policy. Any user of the Sites who chooses to make any personally identifiable or other information publicly available in a Forum does so at his or her own risk. B. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES, THE CONTENT, SUBMISSIONS, ANY PRODUCTS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) ARE PROVIDED TO YOU "AS IS" (UNLESS OTHERWISE EXPRESSLY STATED) WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITES, AND ANY CONTENT AND SUBMISSIONS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT OR SUBMISSIONS. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT OR SUBMISSION CREATED BY ANCESTRY OR SUBMITTED TO THE SITES, INCLUDING WITHOUT LIMITATION INFORMATION IN THE FORUMS AND IN ALL OTHER PARTS OF THE SITES. C. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANCESTRY AND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITES, ANY CONTENT CONTAINED THEREON, THE SUBMISSIONS (INCLUDING ANY RESPONSIBILITY TO ARCHIVE OR MAINTAIN SUCH SUBMISSIONS), OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITES (UNLESS OTHERWISE EXPRESSLY STATED), INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANCESTRY AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ANCESTRY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER ANCESTRY NOR ITS AFFILIATED COMPANIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITES OR SYSTEM DOWNTIME OR INABILITY TO ACCESS SUBSCRIPTIONS, FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THE SITES, OR FROM ANY CONTENT OR SUBMISSIONS POSTED ON THE SITES BY ANCESTRY OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT OR SERVICE IS TO STOP USING THE SITES. D. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANCESTRY AND ITS AFFILIATED COMPANIES MAKE NO WARRANTY THAT (i) THE SITES OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITES OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR ANY SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS (UNLESS OTHERWISE EXPRESSLY STATED); (v) ANY ERRORS IN THE SITES WILL BE CORRECTED; OR (vi) THE SITES OR THE SERVICE(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. E. THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES DO NOT AFFECT ANY CONTRACTUAL AND/OR STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LOCAL LAWS.
10. Indemnity
11. Links
12. Dealings With Third-Party Providers of Goods and Services
13. Copyright Issues We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
14. Modification or Suspension of Services
15. Termination
16. Jurisdictional Issues
17. Governing Law
18. Notice 19. Miscellaneous A. If any part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of this Agreement will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and Ancestry with respect to your use of the Sites or any Services and supersedes all prior or contemporaneous communications and proposals between you and Ancestry. You agree and acknowledge that participation in any Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other special relationship between you and Ancestry or its Affiliated Companies, other than the relationship between Ancestry and you entered into by virtue of this Agreement.
20. Filtering
21. Information or Complaints
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