myfamily.com Terms & Conditions
Last Updated: July 10, 2010
Before using the Service, please review the following Terms and Conditions, which define your rights, responsibilities and benefits as a Member of this Service.
- Service Description
Myfamily.com is an Internet service (the "Service") which is owned and operated by Ancestry.com Operations Inc. (“Ancestry.com”, “Ancestry”, "we", "our" or "us"). "You" or "your" means an adult user of the Service for yourself, and you as parent or guardian for any child under the age of 13 who you expressly invite to join your Private Family Web Site, for whom you will be liable and held strictly responsible.
The Service is generally intended for use by adults. If you invite a minor child to join your Family Web Site, you are responsible for monitoring the child's activity on the Service.
- Acceptance of Terms
Your use of the Service indicates your agreement to be bound by these Terms and Conditions (the "Agreement"). If you don't agree with any of these Terms and Conditions, or to any change which we may make to these Terms and Conditions as further described below, your sole remedy is to not use or to discontinue using the Service, and we disclaim any other liability to you.
We reserve the right to change these Terms and Conditions at any time. If any change made to these Terms and Conditions constitutes a material change, we will notify you of the change via email. We are entitled to determine, in our sole discretion (but in good faith), whether any change constitutes a "material" change for these purposes. Your continued use of the Service after any change is made to these Terms and Conditions, indicates your acceptance of that change. As described above, if you don't want to be bound by any change to these Terms and Conditions, your sole remedy is to stop using the Service.
- Use of Service; Membership; Registration
You do not need to register with us, or become a Member (as defined below) of the Service, in order to use the Service. If you do not register with us and become a Member of the Service, you will be permitted to view any Family Web Sites which have been designated as Public Family Web Sites. However, you will not, among other things, be able to view any Family Web Sites which have been designated as Private Family Web Sites, or to post Content to or to comment on Content which has been posted by others to any Family Web Site.
In order to, among other things, view any Private Family Web Sites to which you have been invited, or to post Content to or to comment on Content which has been posted by others to any Family Web Site, you will need to become a member of the Service (a "Member"). To become a Member, you must register with us. As part of the registration process, you will be asked to select a password and username. You will also need to provide us with a valid and verifiable email address. (Note that, if you also elect to subscribe to any paid portion of the Service as further described below, you will be asked to provide additional information, including payment information.) You must provide us with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not: (1) select or use a username which is, includes or comprises the name of another person, in any case with the intent to impersonate that person; (2) use the username or password of any person other than yourself without authorization; or (3) use a username that we, in our sole discretion, deem offensive.
- Username and Password Security and Obligations
You are responsible for any and all usage or activity that originates within or occurs using your account or your username or password. You may not distribute your username or password to others, including to allow others to access your myfamily.com account. Doing any of these things shall constitute a breach of this Agreement. You are responsible for maintaining the confidentiality of your password. Note that you will never be required to reveal your password to any representatives or agents of Ancestry or its affiliates. You agree to notify us by regular mail, or by email here, of any known or suspected unauthorized use(s) of your account, username or password, or of any known or suspected breach of security involving your account, including the loss, theft or unauthorized disclosure of your username, password or other account information (including your credit card information).
- Limited Use License
The Service is not intended or licensed for commercial use, and any and all commercial use of the Service for any purpose whatsoever is specifically prohibited.
When you Post (as defined below) Content to the Service, you are granting us, and our affiliates, a limited license to host that Content as part of the Family Web Site to which it was submitted, to use that Content in connection with User Creations (as defined below) that you or other Members of that Family Web Site create using the Service (such as slideshows or photo prints), and to distribute that Content to individuals or to other Family Web Sites in accordance with the privacy setting which applies to the Family Web Site to which you submitted the Content.
You agree not to use the Service:
- for any unlawful purposes;
- to upload, Post, order for print, email or otherwise transmit or communicate any material that is or promotes conduct that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, defamatory, libelous, vulgar or illegal, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that "stalks", harasses or advocates harassment of another person, or that is otherwise objectionable, in each case as determined by us in our discretion;
- to upload, Post, order for print, email or otherwise transmit or communicate any material that provides instructional information about illegal activities; this may include, but is not limited to, information about making or buying illegal weapons or providing or creating computer viruses;
- to upload, Post, order for print, email or otherwise transmit or communicate any material that infringes any copyright, trademark, patent or other intellectual property right or moral right of any person, including Ancestry, or that constitutes an invasion of the privacy or publicity rights of another;
- to upload, Post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person's copyrighted work; this may include, but is not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- to harm minors in any way; this may include, but is not limited to, uploading, posting, ordering for print, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through the Service;
- to upload, Post, email or otherwise transmit any material which is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service;
- for any activity that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- to promote information that you know or believe to be false or misleading;
- for any commercial purpose;
- to impersonate any person or entity, including, but not limited to, an official of Ancestry, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. Government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. You waive your right to any damages, whether from us or from any third party, arising from or related to such exposure.
You further agree that:
- You are solely responsible for the Content that you submit, post, publish, display, transmit or communicate (collectively, "Post") on or using the Service.
- You will not interfere with or disrupt, or attempt to interfere with or disrupt, the Service or any servers, networks or equipment connected to or employed in conjunction with the Service, or disobey any requirements, procedures, policies or regulations relating to this Service;
- You will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and
- You will not use email from us or our affiliates to create "spam" emails.
- User-Contributed Content; User Creations
As part of the Service, Members may both Post Content to any Family Web Sites to which they belong, and also comment on Content which has been posted to certain Family Web Sites by others. If you Post Content to any Family Web Site located on the Service, you affirm, represent and warrant to us that you own or have all rights necessary to Post the Content, and to authorize us to use - in accordance with the limited license above - the Content to provide the Service in the ordinary course in the manner contemplated by these Terms and Conditions. You acknowledge that we have the right, but not the obligation, in our sole discretion, to review, refuse to host and/or remove, any Content that is Posted to or available via the Service. Specifically, and without limiting the foregoing, you acknowledge that we may, but have no obligation to, remove Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or which violates any party's intellectual property rights, our site Terms and Conditions or applicable law. Activity or content which appears, in our sole judgment, to violate the law will be brought to the attention of the proper authorities. Finally, as noted above, by Posting Content to the Service, you are granting us a limited license to host and to use that Content for certain purposes as further described above under "Limited Use License".
The Service also permits Members to create and share various presentations, including photo slideshows, to create, share and/or order for personal use various items, including photo books and photo prints and to create and share other communications using Content submitted by that Member (collectively, "User Creations"). By using the Service to create any type of User Creation, you agree that:
- You are solely responsible for your own User Creation and the consequences of Posting it, to the extent applicable. If you create or Post any User Creation, you affirm, represent and warrant to us that: (i) you own, or have the necessary licenses, rights, consents and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Creations, and to authorize us to use - in accordance with the limited license above - the User Creations in connection with our provision of the Service in the ordinary course in the manner contemplated by these Terms and Conditions; and (ii) you have the consent or permission of, or have obtained a release from, each and every identifiable individual person in the User Creation, to use that person's name or likeness as part of the User Creation and to Post the User Creation in the manner contemplated by these Terms and Conditions.
- Ancestry permits you to link to your own User Creations hosted on the website or Member Creations of other third parties available on the Website, for personal, non-commercial purposes only. In addition, Ancestry provides an "Embedded Player" feature, in which you can incorporate certain User Creations on other, non-commercial websites, provided that you include a prominent link back to the myfamily.com website on the pages containing the Embedded Player. You understand that the User Creations, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and Ancestry does not guarantee that their availability will be uninterrupted or bug free. Ancestry reserves the right to discontinue any aspect to the myfamily.com Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
- Family Trees
The Service allows you to create and/or upload family trees which may be viewed from your MyFamily site. The Family Tree functionality is provided by Ancestry.com, a Ancestry sister site to myfamily.com. As you create or when you upload family trees, you will be working on Ancestry.com and as you save a tree you will become a registered user of that site. The terms and conditions of Ancestry.com [link] apply to your use of this functionality and the materials you submit in connection with that use. Ancestry.com materials are index and become part of the researchable materials on that site; that is, they are more or less public, depending on choice you make as you submit.
Specifically, by submitting content via the MyFamily tree functionality to the Ancestry.com site, you grant Ancestry, the corporate host of the Service, a license to the content to use, host, and distribute that Content and allow hosting and distribution of that Content, to the extent and in that form or context we deem appropriate. Should you contribute content to the site, you understand that it will be seen and used by others under the license described in the Ancestry.com terms and conditions. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. We will not edit or monitor user provided content, except that, to promote privacy, efforts will be made, using an automated filtering tool, to suppress and omit from display information submitted to the tree areas of the site which appears to pertain to a living person. Because the success of the automated tool is based on information provided in each tree, we do not guarantee that all or any information on the living will be suppressed.
Rules Regarding Family Web Sites
The Service enables Members to create and maintain their own "Family Web Site". A Family Web Site may contain Content contributed by all of the Members of the Family Web Site. A Family Web Site may also be a place for the Members of that site to engage in Internet-based discussions. The Service also incorporates other tools that allow members of a Family Web Site to communicate with one another in different ways.
- As a Family Web Site Administrator, you are responsible for deciding whether a Family Web Site is restricted to certain Members (a "Private Family Web Site") or accessible to the public generally (a "Public Family Web Site"). The default setting for any new Family Web Site is "private", and that setting may only be changed by the Administrator. The Site Administrator may change an individual's access to a Family Web Site at any time, including by denying continued access to the Family Web Site to any individual who previously had access to that Family Web Site. As it pertains to all Private Family Web Sites, the Site Administrator decides which Members will be invited to participate in that Private Family Web Site, and the Site Administrator can access and change the invited Member list in his or her sole discretion. A Site Administrator may, at any time, transfer his or her management and operation of a Family Web Site to another Member.
- The Site Administrator of each Family Web Site is responsible for maintaining and monitoring all Content which is Posted to that Family Web Site. Specifically, and without limiting the foregoing, and notwithstanding that all Members are bound by this Agreement, the Site Administrator is ultimately responsible for ensuring that all Content which is Posted to that Family Web Site is in compliance with these Terms and Conditions, which shall include the removing Content which was Posted to that Family Web Site if he or she deems, in his or her sole discretion, that removal of such Content is necessary or advisable.
- Copyright Protection
Please review our Copyright Policy. For any questions or comments concerning our Copyright Policy, please send an email to us here.
All brand, product and service names, including any images or logos, used in conjunction with this Service which identify Ancestry or its affiliates or any third parties or their respective products or services, are, in each case, proprietary marks of Ancestry and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license from Ancestry or any third party with respect to any such brand, product or service name, image or logo.
Please review our Privacy Statement. For any questions or comments concerning our Privacy Statement, please send an email to us here.
- Dealings with Advertisers; External Links
We may provide opportunities for users or Members of the Service to link to or buy services from third parties. Any third party sites to which a user or Member may be transferred, may be subject to terms and conditions which are different from the Terms and Conditions which apply to the Service. Myfamily.com makes no warranty concerning any third party goods or services. You agree that your sole remedy for any dissatisfaction or problems you may have with regard to any third party goods or services you may order once you have been transferred away from the Service, will be from the third party vendor, and not from Ancestry.
- Member Disputes
You are solely responsible for your interactions with other users or Members of the Service (including any Site Administrator), any subscriber to the paid portions of the Service (a "Subscriber"), or any other third parties you may encounter in using the Service. We reserve the right, but have no obligation, to monitor or to attempt to resolve any dispute or disagreement between you and other users, Members, Subscribers or third parties. We disclaim any liability to any user, Member or Subscriber to the Service or to any third party arising from or in connection with any such dispute.
- Service Availability
We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of Ancestry. From time to time, and without notice to you, Ancestry. may add or delete certain features or function from the Service we provide. You agree that Ancestry shall not be liable to you for any modification, suspension or discontinuance of the Service.
- Liability Disclaimer
The information, products and services included on this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Ancestry and its third party suppliers provide all Content in this Service "AS IS", and without any warranty of any kind.
NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY OR ACCURACY OF THE CONTENT OR THE SERVICE FOR ANY PURPOSE. WE AND OUR THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CONTENT AND THE SERVICES, INCLUDING CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN THE CASE OF GOODS OR SERVICES PURCHASED VIA THE SERVICE, ANY WARRANTY IS SUPPLIED BY THE MANUFACTURER AND WE PROVIDE NO SUCH WARRANTY. IN NO CASE WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, LOST OR DELAY OF USE, LOST PROFITS, LOSS OF DATA OR ANY OTHER DAMAGE IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- Subscription Fees & Payment
MyFamily.com is a fee-based subscription Service. As a Member who subscribes to the Services (a "Subscriber"), you understand that membership in the Service is on a continuous service basis. This means that once you have become a Subscriber, your subscription will be automatically renewed and your credit card associated with that subscription will be charged based on the subscription program (e.g., annual, etc.) you have chosen. Credit card charges will be processed within 24 hours after you complete your subscription. Any products included with your subscription will be shipped promptly thereafter. You will be notified by email 30 days before your subscription automatically renews, and asked to correct any information which has changed. This notification will also be an opportunity to "opt out" of your renewal. Cancellation requests must be received two days before the renewal date for the cancellation to be effective.
We may change our subscription prices at any time and from time to time. Each renewal of your subscription will be at the then standard renewal charge for the subscription period (e.g., annual, etc.) which you originally selected when you subscribed.
- Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright and content. Specifically, and without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Except to the extent specifically provided above under "Special Admonitions for International Use", this Agreement is governed by the law of the State of Utah, without regard to any otherwise applicable conflicts of law principles, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Salt Lake City, Utah.
Official correspondence must be sent via postal mail to:
Attn: Customer Solutions
360 West 4800 North
Provo, UT 84604