User Home Page Agreement of Use
This is a binding legal agreement which governs your use of Genealogy.com User
Home Pages. By using these User Home Pages, you are consenting to be bound by
the terms of this agreement. If you do not agree to any of the terms of this agreement,
do not use these User Home Pages. This agreement governs use of, and participation
in, all of the services incorporated within Genealogy.com. We retain the right
to amend this agreement from time to time, and your continued use of Genealogy.com
constitutes your acceptance of such amendments. If you find changes in these terms
in some way that unacceptable, you should discontinue your use of Genealogy.com.
User Guidelines and Rules
The Genealogy.com User Home Pages are intended to provide you and other users
a forum to provide genealogical and other family related information. You are
solely responsible for the messages, data, information or other materials ("Materials")
posted by you, including any and all legal consequences of your postings. The
Material you post may have legal consequences and may violate the rights of
other persons or companies. You agree that you will not use the User Home Pages
for any unlawful or wrongful purpose. Unlawful or wrongful uses include, but
are not limited to, reproducing or distributing Material that is (i) copyrighted
(except to the extent expressly permitted by the copyright owner), (ii) obscene,
(iii) protected by trade secret owned by another, (iv) an invasion of the privacy
of others, (v) discriminatory, (vi) defamatory, and (vii) commercial in nature.
You should assume that all Materials available through the User Home Pages are
protected by copyright, whether or not they contain a copyright notice, unless
an express statement accompanies such Materials indicating that they are in
the public domain.
WARNING: Parents are solely responsible for any and all supervision
of minors. We are not responsible for the content of Materials posted in the
User Home Pages.
You agree that we have no obligation to monitor or regulate the Materials
posted by you or other users. However, we reserve the right to take appropriate
action if we become aware of any use of the User Home Pages that we believe
is unlawful, wrongful or is otherwise inappropriate. You agree not to represent
yourself as someone else or as acting on behalf of someone else. You acknowledge
that you are of majority or legal age.
Ownership and Rights to Use Materials
You represent that you are the sole owner of all rights in Materials posted
by you (including all related copyrights) or that you have the absolute right
to license their use as provided in this section. While you will retain ownership
of the copyright in the Materials posted by you, you agree that all Materials
posted by you shall become part of a database in the User Home Pages, and
that we will own the compilation copyright in that database. In addition,
you hereby grant us a perpetual, worldwide, irrevocable license to use, reproduce,
modify, publish, publicly perform, publicly display and distribute such Materials,
any portions of such Materials and any derivative works created from such
Materials, in print, electronic and other media, by any means now known or
developed in the future. We may sublicense all of our rights and licenses
or assign them to third parties. Neither we nor any third party using the
Materials in accordance with this section will be obligated to pay you any
royalties or other compensation for use of the Materials.
Since you are responsible for the results of your postings and their consequences,
you will protect us and others as follows: you will indemnify and hold us,
our officers, directors, employees, agents, sublicensees and assigns harmless
from and against any and all claims, damages, losses and liabilities (including
reasonable attorney s' fees and court costs) (1) arising out of the publication,
distribution, exhibit or other use of the Materials posted by you, or (2)
resulting from your or your minor offspring's use of the User Home Pages.
You forever release and waive your right, and that of your minor offspring,
assigns and successors, to bring suit against us for injury allegedly arising
from the User Home Pages, the Materials posted by any user, or this Agreement.
Disclaimers of Warranties and Liability
We do not warrant or guarantee the accuracy, quality, content or legality of
any Materials made available through the User Home Pages. The use, distribution,
or publication of any Material does not constitute or imply an endorsement by
us of such Material, or of any opinions or comments in such Materials. We disclaim
any and all warranties with regard to the User Home Pages or the Materials,
express or implied, including without any limitation any implied warranty of
merchantability, fitness for a particular purpose or non-infringement. In no
event will we be liable to you or to any party for any damages of any kind arising
out of or relating to the content or use of materials or the User Home Pages,
under any legal theory, even if informed of the possibility of such damages.
We reserve the right to terminate your access to the User Home Pages at any
time for violation of this Agreement or the law, or as we otherwise deem appropriate.
We may discontinue the User Home Pages at any time.
You agree that this Agreement and any dispute relating to it, the User Home
Pages or any Materials will be governed by and construed in accordance with
the laws of the United States and the State of California, as such laws are
applied to agreements entered into and to be performed entirely within California
between California residents, without regard to conflicts of laws principles.
You agree that this Agreement will be enforceable by us and our successors and
assigns against you and your heirs, minor successors, and assigns. All references
to "we", "us" or "our" in this Agreement are intended to include The Learning
Company/Broderbund/Banner Blue Division and its affiliate entities. This Agreement
is the entire agreement between the parties and cannot be amended except in