MapYourAncestors Terms and Conditions
Welcome to MapYourAncestors.com! MapYourAncestors provides members a fun and easy way to create and share your family tree and plot it on a Google Map. By default, your family tree will be searchable to allow others to view your family tree to help them in their pursuit of information regarding ancestors that they may have in common with you. However, if you have unussual circumstances and do not want your family tree searchable, please contact us. Before you enter the MapYourAncestors site (the "Site") or use any of the MapYourAncestors services, please review the Terms and Conditions set out below (the "Terms"). These Terms may be changed or updated at any time. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and MapYourAncestors that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact email@example.com. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
I. Terms of Membership MapYourAncestors membership ("Membership") is available to you if you are at least 13 years of age and submit the requested information to MapYourAncestors. In addition, by becoming a Member, you will provide MapYourAncestors with true, accurate, current, and complete information about yourself when such information is requested.
The Service is for personal use only.
If your Membership account is inactive for a period of over 365 days, MapYourAncestors may terminate your Membership (or any part thereof) or your use of the Service, and may remove and discard any content within the Service.
II. Member Conduct MapYourAncestors is committed to ensuring that the Service remains a fun and safe place.
Users of the Service may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that MapYourAncestors believes:
a. Is abusive, pornographic, deceptive, obscene, slanderous, offensive, defamatory, or otherwise inappropriate.
b. Comprises copyrighted material that is used without the express permission of the owner.
c. Violates or encroaches on the rights of other individuals or entities.
d. Contains viruses, corrupt files, worms, Trojan horses and other forms of corruptive code, or any other content which may compromise or interrupt the Service.
e. Advocates or constitutes illegal activity.
f. Harms anyone, including minors or adults.
g. Provides a web site link to any of the above.
MapYourAncestors has the sole discretion to determine whether Content is Prohibited Content. Any Content submitted to the Service may be subject to examination. Although MapYourAncestors does not and will not examine and review all Content submitted or transmitted to the Service, MapYourAncestors may delete, move, and edit materials for any reason, at any time, without any notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. You are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
MapYourAncestors in no way guarantees the accuracy, quality or appropriateness of Content available on the Site.
III. No Resale of Service You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service.
IV. Third Party Software As a convenience to Members, MapYourAncestors may make third-party software available through the Service. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider.
MapYourAncestors does not guarantee the quality of any third-party software. MapYourAncestors makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness or any other aspect of any third-party software downloaded through the Service.
MapYourAncestors needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant MapYourAncestors a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to MapYourAncestors that you own your Content or have written permission from the copyright owner to make such Content available to the Service.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS MapYourAncestors, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.
VIII. Limited Warranty
(A) No Liability for Content IN NO EVENT WILL MapYourAncestors OR MapYourAncestors AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
(C) Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MapYourAncestors AND MapYourAncestors AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MapYourAncestors MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE OR SERVICE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS. MapYourAncestors MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITE OR THAT ARE ADVERTISED ON THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. 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.
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
IX. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, MapYourAncestors WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
MapYourAncestors may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by MapYourAncestors elsewhere on the Site, (ii) conduct MapYourAncestors believes is harmful to other MapYourAncestors users, the business of MapYourAncestors, or Affiliates, or (iii) failure to continue Active Participation in the Service.
MapYourAncestors will not be liable to you or any third-party for any termination of your access to the Service.
XI. Modification of Terms
MapYourAncestors reserves the right to amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by MapYourAncestors will be prospective only.
XII. Entire Agreement
These Terms constitute the entire agreement between you and MapYourAncestors governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials, these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use MapYourAncestors Affiliate services, third-party content, or third-party software.
The failure of MapYourAncestors to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.