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Family Tree in a Week Terms of Use

Business Seals

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all content hosted on and services offered or available to purchase via the familytreeinaweek.com domain, the “Website”), you signify your agreement and assent to both these terms and conditions (the “Terms of Use”) and our privacy policy, which is located at http://www.familytreeinaweek.com/privacy, and which is incorporated herein by reference (the “Privacy Policy”). If you do not agree to any of these terms, then please do not use the Website or Services (defined below).

2. Scope

These Terms of Use apply to all visitors and users of the Website, including users who also request or purchase the services offered on the Website (the “Services”).  The Terms of Use only apply to your use of the Website and purchase of any Services, but not to website and services offered by third-parties.  The Website may contain links to third party websites, services or content that are not owned or controlled by Watkyn LLC, d/b/a Family Tree in a Week (“FTIAW”).  FTIAW has no control over, and assumes no responsibility for, the content, services, privacy policies, or practices of any third-party websites or services, including any such services that are incorporated into the Website, such as the third-party payment processing service or the hosting services provider for the Website, and any third-party services utilized by FTIAW in providing the Services.  In providing the Services to you, FTIAW may utilize various third-party service providers as described further on the Website, and by purchasing the Services, you expressly authorize FTIAW to utilize such third-party services on your behalf.  In addition, by using the Website or purchasing the Services, you expressly relieve FTIAW from any and all liability arising from your and FTIAW’s use of any third-party website, content or services.  Accordingly, we encourage you to be aware when you link to or use third-party content, services or websites, or authorize FTIAW to use such third-party content, services or websites on your behalf, and that you read the terms and conditions and privacy policies of such other websites and services.

3. Access and Services

You are free to visit and browse the Website, subject to these Terms of Use and the Privacy Policy.  However, in order to purchase and receive the Services offered via the Website, you will be asked to provide certain accurate and complete information about you and certain of your family members.  You are also required to purchase the Services via the Website by providing your purchase information using the payment methods offered by our third-party payment processor on the Website.  You are solely responsible for the information you provide, and you agree that FTIAW shall not be liable or responsible to you or any third party because of the information you provide, provided that FTIAW abides by its own Privacy Policy and these Terms of Use.  The Services and how to obtain the Services are described more fully here: http://www.familytreeinaweek.com/how-it-works.

You agree not to use or employ any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FTIAW grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FTIAW reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or try to obtain any other person’s personally identifiable information from the Website.   You shall not use the Website for any commercial solicitation purposes.

Your use of the Website and Services as permitted herein is solely for your personal, noncommercial use.  You will not copy or distribute any part of the Website in any medium without prior written authorization.  You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

4. Rights in Website Content/Prohibitions

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to FTIAW, or fairly used by FTIAW, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FTIAW reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content.

In addition, unless FTIAW has agreed in writing to the contrary, you agree that you will not use the Website or any of the Content or Services:

5. User Submissions

A. To receive the Services, FTIAW will request certain information about you and your family members and information about how you will pay for the Services, such as credit card or other payment information, and you may be able to provide additional personal or family information beyond that which is requested by FTIAW (collectively, “User Submissions”).   Your submission of User Submissions is wholly voluntary on your part.  You are not required to purchase any Services or submit any User Submissions, but if you do, such User Submissions shall be subject to these Terms of Use and the Privacy Policy. 

B. You shall be solely responsible for your User Submissions and the consequences of transmitting, sharing, posting or submitting them.  In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary permissions, licenses, rights, and consents to transmit, share, submit, use and authorize FTIAW to use all such information and materials, including any patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions, in the manner contemplated by the Website, the Services and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every person named or affected by the User Submissions to use the name, personal information or likeness of such person to enable FTIAW to use your User Submissions in the manner contemplated by the Website, the Services and these Terms of Use.  For clarity, as between FTIAW and you, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to FTIAW, you hereby grant FTIAW a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the provision of Services.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party personal or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have permission from their rightful owner or otherwise have the legal right to transmit the material and to grant FTIAW all of the rights granted herein; (ii) transmit falsehoods or misrepresentations that could damage FTIAW or any third party; (iii) post advertisements or solicitations of business; or (v) impersonate another person.  FTIAW expressly disclaims any and all liability in connection with User Submissions. FTIAW does not permit copyright infringing activities and infringement of intellectual property rights, and FTIAW will delete any User Submissions and cease providing Services related thereto if properly notified that such User Submission wrongfully infringes on another’s rights. FTIAW reserves the right to delete User Submissions and cease providing Services without prior notice at its sole discretion. FTIAW may also terminate a User’s access to the Website and Services if such User is determined to be a violator of these Terms of Use.  FTIAW also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FTIAW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.  FTIAW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT AND SERVICES OF ANY SITES OR SERVICES LINKED TO THIS SITE OR USED IN CONNECTION WITH THE PROVISION OF FTIAW SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OFFENSES TAKEN OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SERVICES MADE AVAILABLE VIA THE WEBSITE. FTIAW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FTIAW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. Limitation of Liability

IN NO EVENT SHALL FTIAW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, THE SERVICES OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, SERVICES OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, SERVICES OR USER SUBMISSIONS MADE AVAILABLE OR TRANSMITTED VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FTIAW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FTIAW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by FTIAW from its facilities in the United States of America. FTIAW makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless FTIAW, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website or the purchase or receipt of the Services offered via the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party rights, including without limitation any copyright, property, personal or privacy right; or (iv) any claim that any of your User Submissions caused harm or damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website and any receipt of Services.

9. Capacity; Not Intended for Children

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  In any case, you affirm that you are over the age of 13, as the Website is not directed toward nor intended for children under 13.  If you are under 13 years of age, then please do not use the Website or request any Services.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FTIAW without restriction.

11. General

You agree that: (i) the Website shall be deemed solely based in New York State; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over FTIAW, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and FTIAW that arises in whole or in part from the Website or Services shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. These Terms of Use, together with the Privacy Policy and any other legal notices published by FTIAW on the Website, shall constitute the entire agreement between you and FTIAW concerning the Website and the Services. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FTIAW’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. FTIAW reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. We will post the changes to the Website as soon as they are made.  Your use of the Website or Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND FTIAW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.