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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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