FamilyInHistory.com License and Terms and Conditions of Use
Before using or subscribing to FamilyInHistory.com, please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of FamilyInHistory.com.
FamilyInHistory.com License and Terms and Conditions of Use
FamilyInHistory.com is an Internet service (the “Service”) owned and operated by FamilyPulse, LC ("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.
FamilyInHistory.com contains graphics, information, data, editorial and other content “(the Content)”. All Content is owned and/or copyrighted by FamilyPulse, LC or third party providers and may be used only in accordance with this limited use license. FamilyInHistory.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Limited Use License
You are licensed to use the Content only for personal or professional family history research, and may download Content only as to that personal or professional research. The download of the whole or significant portions of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, 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. Violation of this License may result in immediate termination of your membership and may result in legal action for injunction, damages or both.
User Provided Content
Portions of the Service will contain user provided content, to which you may contribute appropriate content. For this content, FamilyInHistory.com is a distributor only. By submitting content to FamilyInHistory.com, you grant FamilyPulse, LC, corporate host of the Service, a license to the content to use, host, distribute that Content and allow hosting and distribution of that Content, to the extent and in that form or context we deem appropriate. Should you contribute content to FamilyInHistory.com, you understand that it will be seen and used by others. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. FamilyPulse, LC is sensitive to the copyright of others. We will not edit or monitor user provided content, with the exception that, to promote privacy, an automated filtering tool will be used to suppress, and omit from display, information submitted to the tree areas of the site which appears to pertain to a living person. We do not desire to have information about living persons placed, stored or displayed on FamilyInHistory.com, but there is no guarantee or warranty that such filtering tool will always be effective. It remains the sole responsibility of any person placing, storing or displaying information on FamilyInHistory.com to verify that no information is provided that relates to any living person. We also reserve the right to remove any user provided content that comes to our attention and that we believe, in our sole and absolute discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way offensive or objectionable.
Liability Disclaimer
The information, products, and services included on this Web Service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. We and any third party suppliers provide all Content in this Service "AS IS", and without any warranty, guarantee or assurance of any kind whatsoever.
FamilyPulse, LC, and any third party suppliers make no representations concerning the suitability, reliability, or accuracy of the Content or the service provided on the Service for any purpose. We and any third party suppliers disclaim all warranties, guarantees, or assurances, expressed or implied, in connection with the Content and the services provided on the Service, including, without limitation, conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or any third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
All data and information on FamilyInHistory.com will periodically be "backed up" to permit restoration of the site in the event that all or any portion of such data or information is lost. Nevertheless, it remains the sole responsibility of any person placing, storing or displaying information or data of any kind whatsoever on FamilyInHistory.com to take such steps as they deem appropriate to protect their data or information and FamilyPulse, LC, shall have no liability in the event that all or any portion of such person's data or information is lost as a result of any accident, negligence, or willful action of FamilyPulse, LC or its officers, employees, agents or contractors
The Service cannot be fully protected from persons or entities illegally, unlawfully, or in violation of the Agreement, accessing, appropriating, destroying and/or misusing data or information placed, stored, or displayed on FamilyInHistory.com. FamilyPulse, LC shall have no liability in the event that all or any portion of such person's data or information is lost or misused as a result of the actions of such persons or entities.
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 THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.
Additional Guest or Subscribing Member Terms
1. REGISTRATION AND SECURITY
1.1 As part of the registration process, you will select a username and password. You must provide FamilyPulse, LC with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. The site is operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the State of Utah and the United States. Registration as a user of or subscriber to this site or Service provided on it results in your customer information being stored and processed in the United States, and you, in registering or subscribing, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the privacy statement of FamilyPulse, LC. You may and should review and correct this information regularly.
1.2 You shall notify us by regular mail or by e-mail at info@familyinhistory.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of FamilyInHistory, its owners or agents.
1.3 You must be 18 years or older to subscribe.
1.4 You are responsible for all usage or activity on FamilyInHistory via your password account. Distribution of your password to others for access to FamilyInHistory is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
2.1 Continuous Service Membership. Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program you have chosen. Billing charges will be processed within 24 hours after your order is taken. You may cancel at least two days before the renewal date via you’re my Account page while logged on at FamilyInHistory.com by following the Cancel Subscription link on that page and following the process there. All subscriptions may be canceled by you at any time but no refund will be made for unused subscription periods.
2.2 Subscription costs may be changed by FamilyInHistory at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed.
3. COMMUNICATIONS BETWEEN FAMILYINHISTORY AND YOU.
FamilyInHistory will send electronic mail to you, for the purpose of informing you of changes or additions to FamilyInHistory, or of any FamilyInHistory related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word "unsubscribe" (without the quotes) in the subject line. For further information on our use of member information, see the Privacy Statement on the Service.
Should you breach this Agreement 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.
5. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE.
FamilyPulse, LC has the right, in its sole and absolute discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service will be posted on FamilyInHistory.com, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement or the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription. (See section 2 regarding cancellation of subscription.) Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.
6.1 This Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Salt Lake City.
6.2 Official correspondence must be sent via postal mail to: FamilyInHistory.com, PO Box 911, Lehi, UT 84043.