Terms & Conditions
These Terms and Conditions ("Terms and Conditions") govern your use of the Archives.com website ("Website") and all purchases you make from Archives.com. These Terms and Conditions define your rights and responsibilities as a user ("User") of the Website operated by Ancestry.com Operations Inc. (together with its parent corporation, subsidiaries and affiliates, "Archives", "we", "us" or "our"). Please read these Terms and Conditions carefully before using the Website. By using the Website, or placing an order with us, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Website or place an order with us. The Website is operated in the United States of America. Access is governed by these Terms and Conditions under the laws of the State of Utah and the United States. Registration as a user of or subscriber to the Website results in your information being stored and processed in the United States, and you specifically consent to our storage and processing the personal data you submit.
The Terms and Conditions apply to users visiting or registering on or after November 28, 2012. For existing subscribers and registered guests, these Terms and Conditions will become effective on December 29, 2012.
1. ACCESS TO THE DATABASE
When you place an order with us, we grant you a nontransferable, nonexclusive license to access our databases and the information contained in the databases (our "Products"), solely for the non-commercial purpose of performing lawful and appropriate searches for your own personal use. Some of our Products are purchased for unlimited use over a period of time, while other Products are purchased for one time use. Certain of our products may be purchased as credits, in varying quantities, to be used over a period of time. Credits purchased are valid for twelve months from the date of purchase. If unused by the one year anniversary of being credited to your account, your credits will expire and be removed from your account. You may also use the Website to communicate with relatives and other Users in order to collaborate and exchange family history related information (together with the Users of the Website and other websites and platforms owned by affiliate companies of Archives, such as ancestry.com, ancestry.co.uk, mundia.com, etc., the "Ancestry Community"). We and our partners reserve the right to publish aggregated search data that does not identify you individually (for example, the number of times a particular name was searched for). You agree to use our Products only for reconnecting with friends, finding classmates, finding family members and other lawfully permitted reasons. You further agree that publishing such data by us will cause you no personal, emotional, or financial harm whatsoever. Archives and its licensors retain title, ownership and all other rights and interests in and to all information on the Website. By visiting our Website and using our Products, you hereby acknowledge that you have read and agree to these Terms and Conditions. As part of the registration process, you will select a username and password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on the Website via your account. Distribution of your password to others for access to Archives is expressly prohibited. You will never be required to reveal your password to any representative or agent of Archives, its owners or agents. You must notify us by regular mail or by e-mail at support@Archives.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.
2. GENERAL RESTRICTIONS
You agree to use our Products only for appropriate, legal, non-commercial purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18. Systematic access or extraction of content from the Website or database(s), including the use of "bots", "spiders", or "scraping" technology within a browser or browser-like program is strictly prohibited and constitutes grounds for forfeiting your registration and membership. We prohibit caching, unauthorized hypertext links to the Website and the framing of any content available through the Website. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Website and its affiliated websites to anyone without our express prior written consent. You may not: (a) use or permit the use of Website data to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) use or permit the use of Website data for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; or (c) voluntarily produce Website data in legal proceedings. If we believe, in our sole discretion, that you are in breach of these Terms and Conditions or are acting inconsistently with the letter or spirit of these Terms and Conditions, we may limit, suspend or terminate your access to our Website. In such a case, no portion of your membership payment will be refunded. Should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your membership payment, which will be your sole and exclusive remedy upon such a suspension.
3. PAYMENT AND FREE TRIALS
We encourage the use of our Products through free trials. Free trials generally last for one week for eligible new members. Free trials are only available to first time customers. You must have internet access and a valid Payment Method to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to approximately one membership period of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial membership period. We will begin billing your Payment Method for membership fees corresponding to your membership period at the end of your free trial unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD.
Cancellations and Refunds. You may cancel a free trial at any time during the free trial period and incur no charge. For all initial purchases of memberships longer than one month which do not begin with a free trial, you may cancel during the first 30 days and receive a full refund. If the cancellation occurs after the first 30 days, you will not receive a refund. Monthly memberships may be cancelled at any time but you will not receive a refund. For gift memberships, the refund time period begins on the date of purchase since no free trial period is available. If you cancel your membership but are not eligible for a refund, you will retain access to the Website until your membership expires. Cancellations and refunds must be made by calling us at 1-888-896-4442 and providing the same information that you provided when you subscribed. Your cancellation must be received by end of business (5:00 p.m. Mountain Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Renewals. Most Archives memberships are automatically renewing (see the Website for the specific terms and conditions that apply to each). This means that once you become a subscribing member, your membership will be automatically renewed and your billing choice will be charged based on the membership program (e.g. annually, semiannually, monthly, etc.) you have chosen unless you cancel by following the instructions in this Agreement. Except in the case of monthly and quarterly memberships that automatically renew, you will be notified via e-mail before your membership ends and asked to correct any information which has changed and whether you wish to cancel your renewal. The renewal of the membership takes place subject to the terms in force on the date of renewal.
You may cancel your membership before renewal by visiting the Subscription Options page on the Website or by calling us at 1-888-896-4442 at least two days before the renewal date. If you do not let us know that you want to terminate your membership at least two days prior to the end of the current membership period the payment for the renewal period of the membership will be made. For all renewals of subscriptions longer than one month, you may cancel within seven days of the renewal date and receive a full refund by calling us at 1-888-896-4442.
Prices Subject to Change. Prices for all products and services may be changed by Archives at any time and each renewal of your membership will be at the then standard renewal cost for the period that you originally selected when you subscribed. Archives shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications. If you do not wish to continue with your membership due to the new prices, you may cancel renewal as set forth in this Agreement.
4. Fraud Warning
Persons who intentionally gain access to this site with no intention of paying for our Products, and later dispute the charge with their financial institution and/or refuse to pay the charge, are committing fraud and are subject to criminal and civil litigation under interstate commerce laws. If you don't have any intention of paying for your purchase or membership, don't sign up!
Our Products are backed by a 100% satisfaction guarantee. If you cannot find the results you are looking for, a support agent will assist you with your search. You can reach our support department at 1-888-896-4442. If, during the first 30 days of your membership, no information can be found for the name, email address or phone number you requested with your initial order, you may request and obtain a refund for your purchase by following the instructions in this Agreement.
When you conduct a search on this Website, and the search result returns with the word "available", it means that information about the name, email address or phone number you are searching for is available in our database. However, it does not guarantee that an owner name and/or address will be available, as not all of our data partners provide this information to us. When used in describing our guarantee and charge policies, "no results" means no information whatsoever.
6. FCRA Restrictions
We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA.YOU SHALL NOT USE OUR PRODUCTS AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
7. Under 18s
CHILDREN ARE NOT ELIGIBLE TO USE OUR WEBSITE OR OUR PRODUCTS and we ask that minors (under 18 years of age) do not submit any personal information to us. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor's actions.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties.
10. Family Trees
By uploading your GEDCOM, building or updating a family tree or by contributing any other material that is displayed on the Website ("User Provided Content"), you agree to these terms and conditions. If you do not agree to these terms and conditions, you many not upload, create or update a family tree on the Archives.com website. For User Provided Content, Archives is merely hosting and providing access. We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Archives believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates these Terms and Conditions. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here.
By submitting User Provided Content to Archives, you grant Archives, its parent company and all of its affiliates, a transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. Except for the rights granted in these Terms and Conditions, Archives acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.
Archives may display, copy and distribute information about entries in your family tree. Unless you choose not to make your tree publicly viewable, Archives may index the members of your tree to allow results to be found in our records searches. We may display your Archives.com nickname to other Archives members who may wish to send you a personal message to inquire about additional information on any matches found, but we will not share your contact information directly with other Archives.com members without your permission.
You agree that all information submitted or entered does not violate any copyrights or other legal restrictions. You further agree not to submit profane, slanderous or inappropriate content of any kind. By submitting material to the Website, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon the request of Archives you agree to furnish Archives with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. Archives fully reserves the right to remove any information we feel violates any of these terms, based on our sole discretion and interpretation of the information entered on Archives.com. You hereby release Archives from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.
You agree that all information uploaded or provided to Archives is voluntary, and does not entitle you to any compensation or attribution. Outside of the Archives.com website, you maintain the right to publish, sell, transfer or share your individual family tree in any legal manner.
We may terminate or suspend access to this Website, our Products and your account immediately, without prior notice or liability, if you breach any of these Terms and Conditions. Upon termination, your right to use our Website and Products will immediately cease. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, Sections 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, and 15.
12. Disclaimer of Warranties
The information in our databases has been compiled from public records, user submissions, and other proprietary sources for the specific purpose of finding potential family members and/or records of family members. The information is provided "AS-IS" and neither we nor any of our data suppliers represents or warrants that the information is current, complete or accurate. We do not accept responsibility for any use of or reliance on the Website or Products, or for any disruptions to or delay in the Website. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, or Products. Archives does not guarantee the adequacy of the Website or compatibility thereof to your computer equipment and environment and does not warrant that this Website, the Products, its servers, or any emails which may be sent from Archives are free of viruses or any other harmful components.
Limitation of Liability; Exclusive Remedy. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website.
Third Party Services. Archives may, from time to time, provide opportunities to Users of the Website to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Archives makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Archives.
You agree that you shall indemnify, defend and hold harmless Archives.com, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our Website and/or Products against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Products and your use or distribution of any information obtained therefrom. You will promptly notify us of any such claim.
14. Amendments to Terms and Conditions
We have the right to amend these Terms and Conditions at any time and without notice to you. We will post those amendments here and such amendments shall be effective immediately upon posting. You agree to review the Website periodically to be aware of any such amendments. If any portion of this Agreement or any change to the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your membership by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.
No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Archives, assign or transfer any of your rights and obligations hereunder. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California.
Archives.com, and our other Website graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.
If a dispute arises between you and Archives, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Archives Customer Support at 1-888-896-4442 to describe the problem and seek a resolution. If that does not resolve the issue, then you and Archives agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Utah County, Utah for the purpose of litigating all such claims or disputes.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND Archives AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Archives agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
18. Contact Us
Official correspondence must be sent via postal mail to:
Attn: Customer Solutions
360 W 4800 N
Provo, UT 84604
These Terms and Conditions, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Archives.
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