Revision as of September 30, 2014
Below are our detailed terms of service that
you must read and accept before using Genealogy.com (hereafter, the “Website”) and
accessing the genealogical resources hosted by the Website.
These Terms apply to all users visiting the Website on or after September 30, 2014. For the previous version of the Genealogy.com Terms, please click here.
9. Contact Us
By accessing the Website, you agree to the following terms and conditions (the “Terms” or “Agreement”). You are legally bound by this Agreement, which is between you and Ancestry.com Operations Inc. The Agreement defines your rights and responsibilities as a user ("User") of the Website, which is operated by Ancestry.com Operations Inc. or its subsidiaries (together, and with their parent corporations, other subsidiaries and affiliates, “Ancestry,” “we,” or “us”). The Website is operated in the United States of America. Access to the Website is governed by these Terms under the laws of the State of Utah and the United States. Use of the Website results in your information being stored and processed in the United States, and you specifically consent to Ancestry’s storage and processing of the personal data you submit.
The Website is intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions.
These Terms, together with the Privacy Statement and any other legal notices or terms published by Ancestry on the
Website, shall constitute the entire agreement between you and Ancestry
concerning the Website. If you don't agree with any of these terms, you
must not use the Website.
2. Your Use of the Website
The Website contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”). All Content is owned, licensed to and/or copyrighted by Ancestry and may be used only in accordance with this Agreement. The Website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Website are owned by or licensed to Ancestry. Ancestry and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Website. We attempt to ensure that all Content on the Website is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Website is complete, accurate, reliable or error-free.
You may access the Website and use the Content only for personal family history research. You may not download any of the Content from the Website, unless specifically permitted on the Website. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy. The licenses granted by Ancestry terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.
You may use the software provided on the Website only while online and may not download, copy, reuse or distribute that software. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Ancestry does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Website contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit the Website as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from the Website, you agree to obtain prior written permission from us.
By using the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Website. In addition, you must follow the Ancestry Rules of Conduct, which are part of this Agreement, anytime you access the Website. Ancestry reserves the right to change these rules from time to time and the changes take effect when we post them on the Website.
Termination or Suspension of Access. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Website.
Portions of the Website contain materials contributed by Users of the Website, such as family trees and forum discussions (collectively "User Provided Content"). For User Provided Content, Ancestry is merely hosting and providing access to such content. Most of the User Provided Content contained on the Website are presented in read-only format and cannot be edited or modified. We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot review or monitor all User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Ancestry believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content or sensitive personal information). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here.
Be aware that content belongs to the creator of that content and you should not copy, republish, or otherwise use any User Provided Content without permission of the owner.
The Website does not require login information or accept login information from people who have previously registered on the Website, and all Users will be able to access the Website without registering for an account. However, some of the User Provided Content on the Website will still identify, by usernames, the users who posted such Content.
4. Communications Between Ancestry and You
If you have previously entered your contact information through the Website, we may contact you (via the Website, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication. Please see our Privacy Statement for further information on how we manage and process your personal information.
Ancestry has the right, at its sole discretion, to modify this Agreement, as well as the Website and the Content at any time. Changes will be posted on the pertinent Website(s) and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website or the Content is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.
We make no express warranties or representations as to the quality and accuracy of the Content or the Website, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content and the Website on an "as is” basis and do not accept responsibility for any use of or reliance on the Website or Content, or for any disruptions to, or errors on, the Website. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website or Content. Ancestry does not guarantee the adequacy of the Website or compatibility thereof to your computer equipment, mobile devices, and environment and does not warrant that the Website, our servers, or any emails which may be sent from Ancestry are free of viruses or any other harmful components.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless Ancestry, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
Ancestry may, from time to time, provide opportunities to Users of the Website to access services from third parties. The services and websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Ancestry makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Ancestry.
By using the Website, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Utah, without regard to its principles on conflicts of laws, will govern these Terms, your use of the Website, and any dispute of any sort that might arise between you and Ancestry.
If a dispute arises between you and Ancestry, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Ancestry Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Ancestry agree that any dispute or claim relating to your use of the Website will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Ancestry both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Ancestry each waive any right to a jury trial.
You and Ancestry agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Ancestry agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Ancestry membership(s).
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Ancestry Legal Department, Ancestry.com Operations Inc., 360 W 4800 N, Provo, UT 84604. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by Ancestry may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Ancestry, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Website, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Ancestry.
9. Contact Us
If you have any questions or comments please contact us via the following information:
Phone: (800) 262-3787
Official correspondence must be sent via postal mail to:
Attn: Customer Solutions
360 W 4800 N
Provo, UT 84604
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