Terms of Use
Ancestral Logs aims to assist users in tracking and documenting their research process, managing multiple research projects, and sharing the workload through collaborating and coordinating their efforts with others in order to prove the accuracy of their genealogical research.
The following terms and conditions must be agreed upon before using our products and by continued use you are held to them. Please review them periodically to ensure your understanding of the terms and advise yourself of updates.
This is a user agreement, effective 03-01-2018, between Ancestral Logs, LLC ("Developer") and You ("User"), in which User agrees to use the Ancestral Logs website, apps, and products according to the following terms and conditions. By using the Ancestral Logs website and any of the services provided you agree to the Terms and Conditions contained herein. Please read them thoroughly to ensure your understanding and by using the site you are held legally bound by the Terms and Conditions set forth.
- Definitions
- “Products”shall mean the current version of certain Developer products (including any Updates thereto, in the case of Website) and the media and documentation provided by Developer to You;
- “Documentation”shall mean the printed or online written reference material furnished to You in conjunction with the Products, including, without limitation, instructions, guidance, beta testing guidelines, tutorials, and end user guides;
- “Intellectual Property Rights"shall mean all intellectual property rights, including, without limitation, valuable or confidential information, patent, copyright, trademark, trade secret;
- "Website"shall mean the applicable Developer website platform licensed to you for non-production, evaluation purposes pursuant to this Agreement;
- “Updates”shall mean a modification, error correction, bug fix, new release, or other update to or for any website access;
- “Feedback”shall mean information You provide to Developer in connection with the Program, including ideas or inventions collected by Developer; and
- “Personal Information”shall mean the User’s name, age, telephone number, address, e-mail address, and credit card information.
- “User” refers to anyone who uses any part of any Product created by the Developer.
- “Subscriber” means anyone, including Users, with an account with the Developer or that has downloaded Developer’s apps.
- “Terms” refers to the terms and conditions set forth in this Terms and Conditions agreement, the Privacy Policy, and any other agreement that is required to be viewed and accepted before using our products.
- Developer’s responsibilities
- Subject to the terms and conditions of this Agreement, Developer grants the User a non-exclusive, non-transferable license (without the right to sublicense) to:
- use the Website in accordance with the Documentation solely for purposes of tracking and coordinating genealogy research; for purposes of clarification the use of the Website is for non-production use only;
- to use the Documentation provided with the Website in support of Your authorized use of the Website;
- to access the website and purchased apps if the account is in good standing.
- Developer is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Website will be corrected.
User has the following responsibilities:
- To provide correct and complete citations for images uploaded for proper credit to be given, or copyright must be owned and indicated by the User.
- If Developer determines User or Subscriber is using the Products in a potentially illegal or unethical way, access to the Products may be terminated without notice.
- A User Account is required for an individual to access and utilize the Product. To establish an account, you must provide current, complete, and accurate information. Should Developer suspect that any User information is not accurate, current or complete, Developer reserves the right to suspend or terminate the usage of the Product.
- Each User must choose a personal, non-transferable password. User accounts cannot be shared or used by more than one individual. User may be required to change their password periodically.
- Each User is solely responsible for any and all activities that occur under their User Account, including ensuring they exit or log-off at the end of each session of use. Each User shall notify Developer immediately of any unauthorized use of their account or any User password or any other breach of security that is known or suspected by User.
- You agree to indemnify and hold Ancestral Logs, and it’s affiliates, harmless against any claim and/or liability resulting from User or Subscriber failure to comply with their responsibilities.
- Each User, not the Developer, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Uploaded Data / Information, and Developer shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.
- Except to the extent permitted by applicable law, User may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code used in connection with the Product and/or any other aspect of the technology. User shall not market, offer to sell, sell and/or otherwise resell the Products to any third party. User agrees not to use the Product (a) in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (c) to transmit through or post on the Products unlawful, harassing, libelous, abusive, harassing, fraudulent, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or material which is harmful to minors in any way; (d) to transmit through or post on the Products any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) to interfere with or disrupt servers or networks connected to the Product or violate the regulations, policies or procedures of such networks; (g) to attempt to gain unauthorized access to the Product, other accounts, computer systems or networks connected to the Product through password mining or any other means; (h) to harass or interfere with another user’s use and enjoyment of the Product; (i) to submit to or store in the Product any Protected Information on yourself or any other person, or (j) to make any representations with respect to the Product or this Agreement (including, without limitation, that Ancestral Logs is a warrantor or co-seller of any of User’s products and/or services). All judgments concerning the applicability of these restrictions and any responses to violations thereof shall be at the sole and exclusive discretion of Developer.
- Except for the subscription rights granted herein, neither User nor Subscriber have any right, title or interest in or to the Ancestral Logs Product or any intellectual property rights related thereto. Users agree that Developer or its licensors retain all proprietary right, title and interest, including intellectual property rights, in and to the Product, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto.
- Subscriber and all Users agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with their access and/or use of the Product under this Agreement.
- If User believes the Product has been used in a way that constitutes copyright infringement, they must send a message to Ancestral Logs Support, providing all of the information required by the Digital Millennium Copyright Act. Developer reserves the right to forward the information in the copyright-infringement notice to the User who allegedly provided the infringing content.
- Users must not create accounts through unauthorized means.
You agree to refrain from posting, sending, making available via links or other methods the following:
- Any image, link, document, or other content containing obscenities, pornography, nudity, violence, or other materials which may be offensive to others;
- Any materials which violate copyright law, if any items are posted under copyright, the user must have copyright releases or ownership;
- No information on living individuals without permission of that individual, any unauthorized private or confidential information including contact information, vital records and dates, governmental identification or social security numbers, or any other identifying information;
- No information on living minor children without permission of their parent or legal guardian;
- Any content which defames, degrades, stalks, embarrases, bullies, infames, insults, offends, abuses, harasses, threatens, impersonates or intimidates people or entities,
- via the Product, including, without limitation, User or any other living person's social security or alternate national identity numbers.
- Any illegal or potentially illegal material. The user is responsible for any and all content that they post to the site;
- Any viruses, malware, or other harmful material or code that may damage or impede the site, or the hardware or software of other users;
- No impersonation of another user or misrepresentation or falsehood of your identity.
The terms for subscription are as follows:
- You agree to pay the published price for the services and time period detailed on the membership page of the applicable website or app. Any discounts, coupons, promo codes, or refunds will be applied at the time of purchase and entered by you in the appropriate box. Misapplication of codes or discounts made by you is not our fault and we will not be held liable.
- Terms and Conditions for the various Products offered by the Developer are all incorporated into this document.
- You agree to set your own passwords and to keep those passwords private and not share them with others. The account is for one individual only and may only be used by that one person. Misuse of your account is your responsibility and we will not be held liable for any damage caused.
- You must notify us immediately if your passwords have been lost, stolen, or misplaced to avoid any damage and prevent misuse.
- Renewal of membership will be at the price secured at the time of purchase, unless we notify you of a price change or you choose to change your membership price.
- If your membership expires due to non-payment or violation of the Terms of any of our Agreements, your access information will still be maintained in the website for when you are able to return and reactivate your membership. You can then pick up where you left off. If termination is due to misuse of the Product, posting inappropriate information, violating copyrights, etc, the violating information may be removed at our discression.
- If you violate the Terms of this Agreement we may, at our discression, terminate your subscription and access to the information contained herein, and no refund will be given.
- Billing, fees, and payments
- Memberships are automatically renewed except for gift memberships. If you choose to cancel or not renew your membership, notify customer service immediately as listed in the Communication section of this document. Your subscription will cease as of the date of receipt of communication.
- When free trials expire, your credit card will automatically be charged for continuation use of Products, unless you notify us of cancellation through the means detailed in the Communication section below.
- If you choose to gift a continuing membership to a current member, please contact customer service to make these arrangements. Do not create a new account or membership for that person.
- Free trials will not be charged a fee, but if the membership is not cancelled before the free trial expires, the credit card will be charged the day after the free trial expires unless communication has been received to cancel the membership. Cancellations can be made by contacting customer service as listed in the Communications section of this document.
- User contributed content
- The User agrees that any content uploaded or submitted to the site may be used, copied, saved, printed, or downloaded by other users, Ancestral Logs, or other parties. Please do not upload any information that you regard as private or sensitive data.
- You also agree that any uploaded images or data has been properly sourced and cited to provide the copyright holder with proper credit and to provide other users the documentation of the research so efforts are not duplicated and can be expanded upon. If you own the copyright, please give yourself credit.
- Privacy
- We strive to protect the privacy of our Users and Subscribers. We utilize a third-party security firm to protect the privacy of your personal information and information you provide to us.
- See our privacy policy for further details.
- Communication
- Any communications between users and Ancestral Logs, LLC can be made via email at support@ancestrallogs.com or the contact us link on the homepage or side bar of www.ancestrallogs.com
- The Developer will contact the User at the provided personal information provided at the time of registration, or subsequent updates by the User. The User agrees to keep all personal contact information updated.
- The use of profanity, disrespect, threats, or harmful actions are prohibited. Accounts may be closed until the issue is resolved if these terms are violated.
- Modifications to the agreement
- Developer may modify this agreement at any time and continued use of the site and its products constitutes acceptance of the new terms and conditions of the agreement.
- Notices of modifications will be send to registered users by email and/or posted on the website for review.
- The date of the modification will be listed at the bottom of the document.
- Continued use of the site constitutes your agreement of the new Terms and Conditions and you are bound by the new Terms posted.
- Disputes
- Any disputes or disagreements between Users and Developer will attempted to be resolved in a civilized manner. Use of profanity, disrespect, threats, or harmful actions will be interpreted as malicious and appropriate action may be taken and accounts may be closed until the issue is resolved.
- All parties agree to attempt to resolve the problem amongst themselves. Communications should follow the terms in the Communications section of this document.
- If this is not sufficient, the issue will be taken to appropriate arbitration or mediation services instead of court actions, unless the action qualifies as a violation of state or federal law and is required to be addressed in a court proceeding. Arbitration services can be located through the American Arbitration Association at adr.org.
- All disputes will be governed and resolved in accordance with Indiana state law and by Indiana arbitrators and mediators. You agree to this jurisdiction, regardless of your physical location, or inconvenience.
- All Users, Subscribers, and Developer agree that resolution of disputes will be solved by the actions above and waive all rights to any class action claims or lawsuits.
- Transfer of Rights
- We reserve the right to transfer our rights to a third party in the case of business negotiations, transfer of ownership, buy outs, bankruptcy, etc. This agreement is specific to you, the User, and cannot be transferred without permission of the Developer.
- Disclaimer
- We make no guarantee of the accuracy of the information posted on the Products. Information is posted by other users and cannot be thoroughly moderated. Information posted by us as potential help or guidance can change and become outdated quickly. It is only provided to you as possibilities and ideas to help you in your research. You agree to use the Product at your own risk.
- You agree to hold Developer harmless for any harm done to you, your family, or other users through using the Product, or any of the Documents provided therein. They are provided to you only as general suggestions and ideas.
- The Products are provided as services to you on an “as is” basis. We do our best to keep things running properly, but situations may arise in which the services are not available. Please be patient.
- We do not ensure that the Products will be free from viruses, malware, or other harmful devices, and therefore limit our liability to the full extent of the law. We strongly advise you to take precautions to ensure your hardware contains proper security measures such as an anti-virus program.
- We are not held responsible for your loss of income, time, profits or potential profits, use of or damage to your equipment, software, or hardware. You agree to use the Product at your own risk.
- Damage (physical, emotional, monetarily, or otherwise) done to you, your family, or your equipment by others or through use of our Product is not our responsibility and we will not be held liable.
- You agree to hold harmless Ancestral Logs, its subsidiaries, partners, officers, employees, and volunteers for any damages, claims, obligations, losses, expenditures, including but not limited to attorney fees, court costs, and mediation fees, that may arise due to your use of the Product, violation of the Agreements, your violation of any law or statute including copyright laws, and your violation of another person’s privacy. Please be cautious of what you post online, and how you use the information you find.
- If you do not agree to these terms, discontinue use of the Product and services.
Violation of these terms and conditions may result in any or all of the following:
- Restriction from use of the site or services.
- Legal action by us or any other party.
- Removal of content from the site.
- IP address blocked from use of the site.
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