Archives Terms and Conditions
Effective Date: 18 September, 2014.
Note: Review the following terms and conditions ("Terms") which define your rights, responsibilities and benefits as a user of the website at www.archives.com/uk ("Website") which is operated by Ancestry.com Europe S.à r.l., 31, rue Philippe II, L-2340 Luxembourg, Grand-Duchy of Luxembourg ("Archives" or "we").
These Terms shall govern the relationship between you ("you") and Archives. By accessing or using the Website or the services that we perform via the Website ("Service"), you are concluding a legally binding agreement with us, based on these Terms, including all terms, conditions and policies incorporated herein by reference, including our Rules of Conduct. If you don't agree with any of these Terms, or if you have any objections to our Website Privacy and Terms you must not use the Service or Website.
Archives offers an online archival platform and service where users can discover, research, and archive their family history by searching our extensive databases of records, create and search family trees, together with using such other developments and services Archives may add from time to time.
Users of the Service may be unregistered, registered or paying subscribers. The different payment options and services offered for the different levels will be published on the Website or at the time a subscription or other service is taken out and the terms and conditions applying to such subscriptions or other services will be incorporated into these Terms.
The Service is intended for adults in the UK. If you are under the age of 18, you may not access or use this Website or Service.
2. Your Use of the Websites
The Website contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the "Content"). All Content is owned, licensed to and/or copyrighted by Archives and may be used only in accordance with this Agreement. Each Website is also protected by copyright as a collective work and/or compilation, pursuant to relevant copyright laws and international conventions. The trademarks, service marks and logos contained in the Website are owned by or licensed to Archives. Archives and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website.
You may access the Website only personally with an individual browser (bots, crawlers, spiders, scraping and other automatic access tools are prohibited), use graphics, information, data, editorial and any other Content only for personal or professional family history research, and download Content only as search results relevant to that research. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.
The Content may be downloaded onto your computer or device through the use of authorized Archives software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. 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 may use the software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use, and a license for such use is provided in connection with that software. 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 or enforce limitations on use of the Website or Services or the Content therein. Archives and its licensors retain title, ownership and all other rights and interests in and to all Content, except as expressly set forth in these Terms.
3. User Provided Content
Portions of the Service and Content on the Website are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability whatsoever 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, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe, in our sole discretion, violates these Terms or is illegal, obscene, indecent, or defamatory, incites racial or ethnic hatred, or violates the rights of others, and we may terminate your use of the Service in these circumstances. We are sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content please contact Customer Support by submitting a support ticket via our Help Centre.
The decision to upload information to or share information on the Website is your responsibility and you should only submit or share content that belongs to you (or of which you have the relevant third party permissions to submit), that will not violate the rights of others people or organisations. Be aware that content usually belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the Website, you warrant that you have the right to do so, you have obtained any third party consents where required, the material otherwise complies with these Terms and that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of this warranty. Upon our request you agree to furnish Archives with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
4. Your Compliance Obligations
Generally, you must comply with all applicable laws and refrain from infringing any third-party rights or interests (including, without limitation, privacy and intellectual property rights) and you shall not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Website or other users.
5. Liability Disclaimer
No Warranty. We do not extend any express warranties or representations as to the quality and accuracy of the Content, Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. Without limiting the generality of the foregoing, we offer the Service on an "as is basis" and (i) we do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service; and (ii) 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, Content or Service. Furthermore, Archives does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment. Archives does not warrant that this Website, the Service, its servers, or any emails which may be sent from Archives are free of viruses or any other harmful components.
Limitation of Liability. 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 of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss or corruption of, or damage to, data, systems or programs; or (vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are using the Service as a consumer, your mandatory, statutory consumer rights shall be unaffected.
Liability Cap. Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to the greater of (a) 100 for each claim or series of connected claims or in aggregate 200 for any number of incidents in any 12 month period, or (b) fees received from you in the 12 month period preceding the incident on which your claim is based.
No Liability or Endorsement for Third Party Services. Archives may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Websites of those third parties may be 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.
Exclusive Remedy If you are dissatisfied with any portion of the Service, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Service and Website. If you are a paying subscriber and you terminate for our breach or important cause after providing us with a 30 day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.
If we decide to discontinue the Website or Service, or if you breach these Terms, we may suspend or terminate your access to the Website and Service.
7. Additional Guest or Subscribing Member Terms
7.1. Registration and Security
7.1.1 As part of the registration process, you will be assigned a subscriber name ("Username") and you will select a password. You must provide Archives with accurate, complete and updated registration information. Failure to do so will result in breach of these Terms. 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 another person without authorization; or (iii) use a name that is offensive to a reasonable person.
7.1.2 You must immediately notify us by submitting a support ticket via our Help Centre 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 credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Archives.
7.1.3 You are responsible for all usage or activity on the Website via your password account. Distribution of your password to others for access to the Website or Service is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
7.2 Subscribing, Fees, and Payments
7.2.1 Free Trials. Free trials are only available to first time customers. You must have internet access and valid credit or debit card information 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 authorisation; 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.
7.2.2 Continuous Service Membership.The acceptance of the contract by checking the box during the online registration process has the same value as a handwritten signature. At the same time you complete the online subscription process you will be sent a confirmation email recalling the terms and conditions of your subscription and your subscription will then commence. It is recommended that you keep this email and/or print it out. Subscriptions are continuous. This means that once you have become a subscribing member, you accept that your subscription will be automatically renewed from one period to the other and your credit/debit card will be charged based on the subscription package (annual, quarterly, monthly, etc.) you have chosen. Payment card charges should be processed within 24 hours after the subscription request has been submitted by you. In the case of yearly and six monthly subscriptions, you will be notified by email at least twenty eight (28) calendar days before your subscription will end, asked to correct any information which has changed and given the opportunity to "opt out" of your renewal.
7.2.3 Cancellations and refunds.
All subscriptions for periods longer than one month can be cancelled at any time during the 30 days after the time your subscription commences and you will receive a full refund for that subscription period. All renewals of subscriptions for periods longer than one month can be cancelled at any time during the 7 days after the time subscription renews and you will receive a full refund for that renewed subscription period.
If you wish to cancel your subscription or subscription renewal and claim a refund you must notify us by end of business (5:00 p.m. GMT) on the 30th or 7th day, as applicable, by calling 0800 345 7920, (Member Services is available from available Monday Sunday, 2pm 4am BST), by filling in this form and returning it to us, by going to the Help Centre and visiting the Subscription Options page or by contacting Customer Support by submitting a support ticket via our Help Centre. You will need to provide the following information:
Given name and surname
Email address used when subscribing
Phone number including country code
All refunds will be credited to the credit/debit card to which your subscription was charged. Please allow a reasonable time for the refund to be charged back to your card.
Refunds are not available in respect of subscriptions or renewals of subscriptions for periods of one month or less.
7.2.4 Opting Out of Renewal. If you wish to terminate your subscription at the end of your current subscription period you must notify us at least two calendar days before the renewal date , by calling 0800 345 7920, (Member Services is available from available Monday Sunday, 2pm 4am BST), by filling in this form and returning it to us, by going to the Help Centre and visiting the Subscription Options page or by contacting Customer Support by submitting a support ticket via our Help Centre. You will need to provide the following information:
Given name and surname
Email address used when subscribing
Phone number including country code
Please ensure that you correct any information which has changed in respect of your payment details to prevent your subscription lapsing due to us being unable to process your payment.
If you do not let us know that you want to terminate your subscription as set out above, the payment for the renewal period of the subscription will still be made.
In respect of other offers, promotions or free trials, the specific terms and conditions that apply will be stated at the time of purchase; please ensure you have noted down any relevant cancellation dates or price changes when a promotion or free trial ends.
The renewal of the subscription takes place subject to the Terms in force on the date of renewal.
7.2.5 Withdrawal. Once your subscription has commenced, you can immediately access the service and consequently, you do not have any cancellation or withdrawal rights under Article L. 222-9 (7)(m) of the Luxembourg Consumer Code or other laws implementing Article 16(m) of the Consumer Rights Directive.
7.2.6 Prices. The price of the Service is expressed in the relevant local currency of the Website. Acceptable payment methods will be displayed at the time payment is made. Each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Subscription prices may be changed by Archives at any time and Archives shall provide you with appropriate notice of any change in your subscription price 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 subscription due to the new price, you may opt out of renewal as set forth in Section 7.2.4 above.
8. Communications Between Archives and You
We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms. 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 under these Terms.
10. Modifications to These Terms and to the Service
Archives may modify these Terms (including any of the terms incorporated by reference herein), the Website, or the Service at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Changes will be posted at the Website or notified by email, postal mail or otherwise. With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid subscription (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. Continued use of the Service now or following posted notices of changes means that you have accepted and are bound by the changes.
11.1 These Terms and any disputes arising out of or relating to these Terms, the Service or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of Luxembourg and subject to jurisdiction by Luxembourg courts.
11.2 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
11.3 Any failure by us to enforce any term of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.
11.4 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or otherwise as a result of your use of the Website.
11.6 Official correspondence must be sent via postal mail to:
Ancestry.com Europe S.à r.l.
31, rue Philippe II
Grand-Duchy of Luxembourg
11.7 These Terms, 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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