linkmyfamilytree.com

Terms and Conditions

You may use the www.linkmyfamilytree.com website on the terms and conditions set out below. By ticking the appropriate box on the new member page, you agree to be bound by these terms and conditions. By accepting these terms you are confirming that you are capable of entering into a binding agreement, and that you will accurately complete any information submitted to the Company.

In this Agreement, the following words and expressions shall have the following meanings:

"Company" linkmyfamilytree.com.
"Member" Means, yourself, the member.
"Ancestor" A person born pre-1902 whose details are held in the Database.
"Database" The database maintained by the Company and holding details of Ancestors and Members.
"Website" The Internet Website of the Company currently located at www.linkmyfamilytree.com

The Company's privacy policy is available at www.linkmyfamilytree.com/privacy.html.

By accepting this Agreement, the Member expressly consents to uses and disclosures of their personal information as set out in the Company's then current privacy policies, which are incorporated herein by reference.

Two levels of membership will apply to members. Basic membership is free and just requires registration as a new member. This will provide access to Ancestor searches and details of other Members who are associated with these Ancestors. Full membership will require the payment of a small annual fee (equivalent to £7.99 sterling). Full members will additionally be able to contact other Members (via email) and will have access to some additional information held against some Ancestors. The Company also intends to introduce new services in the future that will only be available to full members.

Refunds of membership fees will only be given at the discretion of the Company Management.

The Website is provided on an "as is" and "as available" basis and the Company makes no warranties or representations, whether express or implied, in relation to the Website, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

The Company makes no warranty that the Website will meet the member’s requirements or will be uninterrupted, timely, secure or error-free.

No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or that any defects in the Website will be corrected and the Member understands and agrees that any material or data obtained through use of the Website is at their own discretion and risk.

The Member agrees:

  To not impersonate any other person or entity or to use a false name or a name that the Member is not authorised to use.

To provide true, accurate, current and complete information when providing details to the Company for inclusion on the Website. The company understands that this will not always be possible when supplying details of Ancestors but information supplied must be accurate to the best of the Member’s knowledge.

To notify the Company immediately of any changes to the information provided.

In consideration of the Company making the Website available to the Member:

 

The Member is responsible for procuring the necessary equipment and for the payment of telephone charges necessary to access the Website.

The Member accepts responsibility for any content they provide on the Website.

The Member agrees not to use the Website for any illegal purpose and in accordance with all relevant laws.

The Member agrees not to use the Website to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising.

The Member agrees not to use the Website to distribute by any means computer viruses or worms to third parties.

The Member agrees not to use the Website to transmit or post any material which is defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.

The Member agrees not to use the Website such that the whole or part of the Website is interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

The Member agrees not to use the Website in any manner that constitutes a violation or infringement of any person, firm or company or the rights thereof (including, but not limited to, third party intellectual property rights or confidentiality).

The Member agrees not to use the Website to attempt any unauthorised access to any part or component of the Website or that of any third party to which they can connect via the Website (or other directly or otherwise connected network).

The Member agrees that in the event that they have any right, claim or action against any user arising out of the use of the Website, then they will pursue such right, claim or action independently of, or without recourse to, the Company.

The Company reserves the right to:

 

Close access to any features of the Website if the Member’s usage of that feature is deemed against the interests of the Company or other users of the Website.

Modify or discontinue, temporarily or permanently, the Website, with or without notice to the Member and the Member confirms that the Company shall not be liable to the Member or any third party for any modification to or discontinuance of the Website. The company will refund a relevant portion of the annual membership fee to full members in the event of a permanent discontinuance of the website. In the event of a temporary discontinuance of more than 3 months during the annual membership period the Company will refund a relevant portion of the membership fee.

The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.

In the event of the Company's publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company's control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.

The ownership of content submitted to LinkMyFamilyTree.com by a member remains with that member, unless the member explicitly relinquishes ownership. Content owned by a member will not be altered by the company or other members. The member grants permission to the company to allow access to all data entered into the website by the member.

The Member hereby acknowledges that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the "Rights"), including the manner in which the Website is presented or appears and all information and documentation relating thereto (excluding content submitted by the member) is the property of the Company and nothing contained herein shall be construed so as to transfer any such rights to the Member.

The Member warrants and undertakes that all information supplied by them shall be true and accurate and fairly obtained and shall not contain any defamatory material nor prejudice or infringe any copyright, right of privacy or publicity or similar right of any third party and that the Company may enjoy quiet possession of such information free from any disturbance, charge or encumbrance.

The Member agrees to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from information supplied to the Company by the Member or from the Member’s use of the Website.

Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.

The Member acknowledges that the Company has no control over the information which can be accessed by using the Website and that the Company does not examine the Member’s use of the Website or the nature of the information that the Member is sending or uploading. The Company therefore excludes all liability of any kind for the transmission or reception or such information of whatever nature.

The Member agrees that, except for death and personal injury arising from our negligence, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with this contract, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).

Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.

While every reasonable care will be taken in respect of information supplied by the Member, the Company cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by the Company's fault or negligence or otherwise).

Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond the control of the Company affecting production or delivery of the Website and any information incorporated in it in any manner or any of its obligations under this Agreement.

Either party may terminate this Agreement forthwith by written notice if the other commits any material breach of any term hereof and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.

The Member agrees that the Company may terminate their account and other information stored on the Website if it believes that the Member has breached these terms and conditions or acted inconsistently with the spirit of these terms and conditions.

If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

The Member may not assign, transfer or sub-contract any of its rights hereunder without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights hereunder.

Any express or implied waiver by the Company of any term or condition hereof or any breach or default by the Member may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.

This Agreement constitutes the entire agreement between the Company and the Member as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation made but not embodied herein.

Any notice to be given under this Agreement may be given via email to the address provided on the Website or otherwise as notified by one party to the other.

No terms or conditions other than those set forth herein or any variation thereof shall be binding upon the Company, unless in writing and signed on behalf of both the Company and the Member.

Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.

This Agreement shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts.

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