Archives.com Terms and Conditions

Last Updated June 24 2014

These Terms and Conditions together with the document expressly referred to in them ("Terms and Conditions") govern your use of the www.archives.com website ("Website") and all purchases you make from www.archives.com. These Terms and Conditions define your rights and responsibilities as a user ("User") of the Website operated by Ancestry.com Operations Inc., a Delaware corporation (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, or if you have any objections to our Privacy Policy you must 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 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 our Products.

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.

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 [email protected] 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

The different payment options and services offered will be published on the relevant Website or at the time a Product, membership or other service is offered or renewed. The terms and conditions applying to such memberships or other services will be incorporated into these Terms and Conditions. You agree that by purchasing a Product, you are purchasing access to our database searches and tools. You agree to pay using a valid credit card or debit card ("Payment Method") and affirm that you are authorized to use such Payment Method. We reserve the right to suspend use of the Website and/or Products to any delinquent account without notice. You agree to provide us with accurate payment information. You further agree that we may store and use the payment information you provide (including credit or debit card information) for use in maintaining your account and billing fees for future authorized purchases. In an effort to protect against fraud and misuse of our Website and Products, we actively analyze purchases, attempted purchases, high-volume search activity, and use of the Website to help us identify and block individuals suspected of misuse and/or fraudulent activity from using the Website and our Products in the future. You acknowledge and agree that we may disclose your information (including, but not limited to, suspect payment information, email addresses, IP addresses, etc. and searches conducted) if we believe that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public. Similarly, we may use that information, in conjunction with our security partners and / or law enforcement to assist those we reasonably believe to have been victimized by such fraudulent use of the Website and Products. You further agree to fully cooperate with all audits and investigations of our customers and systems. For more information about our privacy practices, please see our Privacy Policy.

Cancellations and Refunds. Subscriptions 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.

If you wish to cancel your subscription and claim a refund you must notify us by end of business (4am GMT) on the 30th day of your subscription, by calling Customer Support at +1 888 8964442 (Monday through Friday: 2pm - 4am GMT), by filling in this form and returning it to us by sending an email to [email protected] and providing the following information:

Given name and surname
Username
Subscription type
Email address used when subscribing
Phone number including country code
Country

All refunds will be credited to the payment method to which your subscription was charged. Please allow a reasonable time for the refund to be charged back to you

Withdrawals. Once your membership has commenced, you can immediately access the service and consequently, you do not have any cancellation or withdrawal rights under any laws implementing the Consumer Rights Directive.

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. Guarantee

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 8964442 and [email protected]. 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.

5. FCRA Restrictions

We are not a consumer reporting agency as defined in the United States 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).

6. 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.

7. Links

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.

8. 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 www.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 www.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 www.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 www.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 www.archives.com website, you maintain the right to publish, sell, transfer or share your individual family tree in any legal manner.

9. Termination.

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.

10. 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 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.

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.

11. Indemnification

You agree that you shall indemnify, defend and hold harmless www.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.

12. Amendments to Terms and Conditions

We may modify these Terms and Conditions (including any of the terms incorporated by reference herein), the Website, or the Products 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 and Conditions 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 Website now or following posted notices of changes means that you have accepted and are bound by the changes.

13. Miscellaneous

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 Utah, as if made within Utah between two residents thereof..

14. Trademarks

www.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.

15. Disputes

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 8964442 to describe the problem and seek a resolution.

16. Contact Us

Official correspondence must be sent via postal mail to:

www.archives.com
Attn: Customer Solutions
360 W 4800 N
Provo, UT 84604
+1 888 8964442
[email protected]
VAT no. EU826007218

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.