GENEALOGY.COM TERMS OF SERVICE
Last updated on July 6, 2009
1. Terms and Conditions - Revision as of July 6, 2009
Before using or subscribing to Genealogy.com, please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of Genealogy.com.
Genealogy.com License and Terms and Conditions of Use
Genealogy.com is an Internet service (the "Service") owned and operated by Ancestry.com Operations Inc. ("Ancestry.com", "Ancestry", "we", "our" or "us"). "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor who you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by this Agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this Agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service.
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
Genealogy.com provides users with access to a rich collection of online genealogical resources, including searchable databases, learning tools, graphics, software, links, and other specialized content (collectively, the "Content"), as well as opportunities to post messages, data, information, personal home pages, and other materials on genealogical and family-related subjects on or through the Sites (all of the foregoing, including the Content, the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the Services made available through the Sites shall be subject to the then-current Agreement.
3. Registration Obligations/Screen Names
You are not obligated to register with us in order to access the Sites. We offer certain Services through the Sites, however, for which registration is necessary. For example, to subscribe to the Genealogy Library, you are required to provide your billing address, phone number, e-mail address, credit card number, and credit card expiration date to us. All submissions of such information are governed by our PRIVACY STATEMENT. Depending on the Service, you will either select your own user name and password at the time of registration, or will receive an e-mail notification from us with a randomly generated user name and password. We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.
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.
This Agreement incorporates the terms of Genealogy.com's PRIVACY STATEMENT.
5. Rules of Conduct
While using the Sites and/or any Service, you will comply with all applicable laws, rules, and regulations. In addition, Ancestry expects users of the Sites and any Service to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct. You will not:
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.
If you wish to purchase products or Services described on the Sites, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our PRIVACY STATEMENT. You agree that all information that you provide to us will be accurate, current, and complete. You agree to pay all charges incurred for purchases made in connection with your user name and/or account at the price(s) in effect when such charges are incurred. You will also pay all applicable taxes resulting from your purchases. All payments for purchases made online may be made by credit card only.
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.
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
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
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.
You agree to defend, indemnify, and hold harmless Ancestry and its Affiliated Companies, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your activities in connection with your unauthorized use of the Sites; (ii) any violation of the Agreement by you; or (iii) any allegation that anything you post, transmit, or make available on the Sites infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
The Sites may provide links to other Internet sites or resources. Because Ancestry has no control over such sites and resources, you acknowledge and agree that neither Ancestry nor its Affiliated Companies are responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other Web sites may provide links to the Sites with or without Ancestry's authorization. Ancestry has no control over sites that provide links to the Sites, and you acknowledge and agree that Ancestry and its Affiliated Companies do not endorse such sites and is not responsible for any links from those sites to the Sites or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that Ancestry and its Affiliated Companies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that Ancestry provides links to or that provide links to the Sites, or (ii) any content, goods, or services available on or through any such sites or resources. Ancestry shall have the right, at any time and in its sole discretion, to block links to the Sites through technological or other means, without prior notice.
12. Dealings With Third-Party Providers of Goods and Services
Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through the Sites, including payment and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that Ancestry and its Affiliated Companies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers or providers on the Sites.
13. Copyright Issues
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to: David Farnsworth, 360 West, 4800 North, Provo, Utah, 84604, phone 801 705 7000. Email address is firstname.lastname@example.org.
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
Ancestry reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. Ancestry reserves the right to change the amount of any fee or charge and to institute new fees or charges at any time for any Service, effective upon Ancestry posting notice thereof. You agree that Ancestry and its Affiliated Companies shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any Content, feature, or product offered on the Sites. Your continued use of the Sites after such changes will indicate your acceptance of the changes.
You agree that Ancestry, in its sole discretion, may terminate your use of the Sites and/or Services, and/or bar you from submitting or posting any material on the Site, for any reason, including, without limitation, if Ancestry believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, the PRIVACY STATEMENT, or any additional posted guidelines, rules, and terms and conditions applicable to any services provided through the Sites. You agree that any termination of your access to the Sites and/or the Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Ancestry may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Services. Ancestry shall not be liable to you or any third party for any termination of your access to the Services.
16. Jurisdictional Issues
Ancestry and its Affiliated Companies neither represents nor warrants that the Sites or the Services are appropriate or available for use in any particular jurisdiction, whether within or outside the United States. Accessing the Sites or the Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit the Sites' availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.
17. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Utah and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Salt Lake County, Utah. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. For non-US residents, we recognize that this Agreement may be governed by and interpreted by the laws pertaining to the country in which you reside or, if different, the country in which you access the Services. You acknowledge and agree that if you reside outside the United States, certain services may not be available to you.
Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices.
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.
Pursuant to 47 U.S.C. §230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.html.
21. Information or Complaints
If you would like any further information or if you have a complaint regarding the Sites or Services, you can make such inquiry or complaint at www.genealogy.com/help. Prices for goods or Services available on the Sites are provided at the point of purchase. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.