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Terms of Service
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Acceptance of Terms By using familypursuit.com, familypursuit.net or familypursuit.org ("Service"), a service of Family Pursuit L.C. ("Family Pursuit"), you are agreeing to be bound by the following terms and conditions ("Terms of Service") whether or not you are a registered member of the Service. Family Pursuit reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://beta.familypursuit.com/Home.ShowTermsOfService PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. Eligibility The Service is not available to minors under the age of 14 or to any users suspended or removed from the system by Family Pursuit for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your Family Pursuit account to another party. If you do not qualify, you may not use the Service. Registration Data; Account Security In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Family Pursuit, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. (see our Privacy Policy to learn more about information collected on this website) Should you breach this Terms of Service we will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend your subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service. License to Use In exchange for your use of the Service and storage of the data you submit, you give Family Pursuit permission to use any data relating to deceased persons that you submit to Family Pursuit and to copy and distribute it throughout the world by any means we deem appropriate, electronic or otherwise, including the Internet, without compensation to you of any kind. You grant to us an unrestricted, royalty-free, worldwide, perpetual license to any copyright or database right that you may hold in your contributed data, and you also grant to us the right to create derivative works by combining your data with that of other contributors. Collaboration with Others You acknowledge that a primary purpose of the Service is to enable collaboration between users of the Service who wish to expand their knowledge of their own ancestral lines. You acknowledge that Family Pursuit may utilize genealogical data that you submit relating to deceased persons for the purpose of collaborating with other organizations (including commercial genealogical organizations) in order to create a global common pedigree for the purpose of increasing participation in family history and preserving the records of the world. You acknowledge that collaboration between organizations allows Family Pursuit to obtain additional data which will be provided freely to all users of the Service, thus allowing them to extend their own ancestral lines. Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Family Pursuit reserves the right to remove any Content it believes may be in violation of any copyright laws, and may also terminate the accounts of users who have infringed upon copyright laws. User Conduct You understand and agree not to use the Service to:
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Service is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses. Limitation on Liability In no event shall Family Pursuit be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Family Pursuit has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Family Pursuit's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Family Pursuit for the Service during the term of membership. Indemnification By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Family Pursuit, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Service; ii) unauthorized access to or alteration of your communications with or through the Service, or iii) any other matter relating to the Service. Any business transactions which may arise between users from their use of Family Pursuit are the sole responsibility of the users involved. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Family Pursuit may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Family Pursuit, its users, and the public. Disclaimers YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT FAMILY PURSUIT DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. FAMILY PURSUIT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. FAMILY PURSUIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAMILY PURSUIT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILY PURSUIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. |
