Terms of Service


Acceptance of Terms
By using familypursuit.com, familypursuit.net or familypursuit.org ("Service"), a service of Family Pursuit L.C. ("Family Pursuit"), you are agreeing to be bound by the following terms and conditions ("Terms of Service") whether or not you are a registered member of the Service.

Family Pursuit reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.familypursuit.com/Home.ShowTermsOfService

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility
The Service is not available to minors under the age of 14 or to any users suspended or removed from the system by Family Pursuit for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your Family Pursuit account to another party. If you do not qualify, you may not use the Service.

Registration Data; Account Security

In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Family Pursuit, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. (see our Privacy Policy to learn more about information collected on this website)

Should you breach this Terms of Service 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.

License to Use

Private Family Trees

Family Pursuit does not claim any ownership rights in the text, information, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to a Family Pursuit Private Family Tree. After posting your content to a Family Pursuit Private Family Tree, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through a Family Pursuit Private Family Tree, you hereby grant, and you represent and warrant that you have the right to grant, to Family Pursuit a limited license to use, modify, perform, display, reproduce, and distribute such content solely on the Family Pursuit Private Family Tree to which the Content is posted.

Family Pursuit Community Tree

The Family Pursuit Community Tree is a public tree that allows users to collaborate on common ancestral lines. You hereby grant, and you represent and warrant that you have the right to grant, that Content posted by you to the Family Pursuit Community Tree relating to deceased persons is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License.
Content related to living persons or private research projects is licensed the same as the Private Family Trees above.

Collaboration with Others

You acknowledge that a primary purpose of the Service is to enable collaboration between users of the Service who wish to expand their knowledge of their own ancestral lines. You acknowledge that Family Pursuit may utilize genealogical data that you submit on the Family Pursuit Community Tree relating to deceased persons for the purpose of collaborating with other organizations (including commercial genealogical organizations) in order to create a global common pedigree for the purpose of increasing participation in family history and preserving the records of the world. You acknowledge that collaboration between organizations allows Family Pursuit to obtain additional data which will be provided freely to all users of the Service, thus allowing them to extend their own ancestral lines.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Family Pursuit reserves the right to remove any Content it believes may be in violation of any copyright laws, and may also terminate the accounts of users who have infringed upon copyright laws.

User Conduct

You understand and agree not to use the Service to:
  • Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
  • Upload, post, communicate, or otherwise make available information related to living individuals in the public forums of the Service
  • Use the Service for any illegal purpose, including but not limited to conspiring to violate laws.
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Stalk or harass anyone.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Service.
  • Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
Access to Service

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained inside the registered user area of the Service is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Content

Content on Family Pursuit is contributed by the members of Family Pursuit. Family Pursuit does not guarantee that information contributed to Family Pursuit is true, accurate, and/or reliable. The comments, opinions, suggestions, and Content posted on this site do not necessarily reflect the viewpoint of Family Pursuit. The owners of Family Pursuit, administrators, contributors, or anyone else associated with Family Pursuit will not be held responsible in any way for any inaccuracies or libelous information found at or associated with Family Pursuit.

Subscriptions

Subscription membership on Family Pursuit is on a continuous service basis. Once you have become a subscriber, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program (annual, quarterly, monthly, etc.) you have chosen. Except in the case of monthly subscriptions, you will be notified by e-mail 15 days before your subscription will end, asked to correct any information which has changed and reminded of the opportunity to cancel your renewal. Renewal cancellation must be requested at least two days before the renewal date for the cancellation to be effective.

Family Pursuit reserves the right to change its fees or billing methods at any time. Family Pursuit will provide timely notice to the affected subscribers of any such changes.

Cancellation / 10-Day Money Back Guarantee

Family Pursuit offers a 10 day money back guarantee on subscription services that do not start with a free trial. If at any time during your first 10 days of the initial purchase of a subscription service you are not satisfied, simply send a message to Family Pursuit using the Contact Support Form while logged into Family Pursuit and request a refund. We will gladly refund your total subscription amount.

Renewals may be canceled by you at any time. After the 10-day money back guarantee period, no refund will be made for unused subscription periods. Also, no refund will be made for subscriptions that began with a free trial.

Two renewal cancellation options are available.
1. Cancel your renewal but keep service active until it expires.
2. Cancel your renewal and immediately terminate subscription.

In the case of a Private Family Tree subscription, Family Pursuit will store the data from the private tree for 30 days after a subscription expires that has not been renewed or for 30 days after a request to terminate the service. After the 30 days, all data from the private tree will be deleted and the web site address will become available for other users to purchase. A Private Family Tree cannot be renewed or reinstated after this 30 day period ends.

Private Family Trees that expire or are terminated will become unavailable to all family members who previously had access to the Private Family Tree. If there is a family member who belongs to a Private Family Tree that is willing to take ownership of the Private Family Tree subscription, Family Pursuit will allow a transfer of the account to that family member. Transfer of a Private Family Tree subscription is allowed at any time before the subscription expires or before the 30 day storage period ends referenced in the previous paragraph. Contact Family Pursuit if you wish to transfer a Private Family Tree to another user.

To cancel a renewal or request a refund, send a message to Family Pursuit using the Contact Support Form while logged into Family Pursuit. Include the following information:
  • Given name and surname
  • Username
  • E-mail address used when subscribing
  • Phone number including country code
  • Country
  • Subscription you wish to cancel (e.g. private tree "My Family Tree")
  • Cancellation Option (pick one):
    • 1. Cancel renewal but keep service active until it expires or
    • 2. Cancel renewal and immediately terminate subscription or
    • 3. Money back refund (only applicable during 10-day money back guarantee period)


Limitation on Liability

In no event shall Family Pursuit be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if Family Pursuit has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Family Pursuit's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Family Pursuit for the Service during the term of membership.

Third-party services

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. Family Pursuit shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Family Pursuit, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Service; ii) unauthorized access to or alteration of your communications with or through the Service, or iii) any other matter relating to the Service. Any business transactions which may arise between users from their use of Family Pursuit are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Family Pursuit may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Family Pursuit, its users, and the public.

Disclaimers

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT FAMILY PURSUIT DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. FAMILY PURSUIT ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. FAMILY PURSUIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FAMILY PURSUIT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILY PURSUIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Last Update

This Terms of Service document was last updated on December 26, 2009.

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From our Members

"The best site I have seen for sharing information and for interactive research. It has great potential for our One Name Society research. I am convinced this site has the potential to push back the boundaries of Family History Research."
- W. Paul Featherstone, United Kingdom