Date of publication: September 24, 2009
MUNDIA'S USER TERMS
Thank you for visiting the Mundia website at www.mundia.com (“Website”). The Website is operated by Ancestry.com Operations Inc. (“we,” “us”), a company incorporated in Delaware, United States, with a registered address at 360 W 4800 N, Provo, Utah 84604, USA. We also operate the website at www.ancestry.com, its country and regional sub-sites, and a number of other websites (together with this Website, the “Ancestry.com Website Group”).
We may allow registered Website users to access the Website free of charge for a limited period of time designated by us in our sole discretion (the "Free Access Period"). During the Free Access Period, such users (“Beta Users”) will have access to other users’ family tree data and will be able to connect with other users, and add, edit and share data with other users. After the end of the Free Access Period, Beta Users will continue to have access to certain parts of the Service that were accessible to them during the Free Access Period. However, after the Free Access Period, Beta Users may be required to purchase a subscription to the Website in order to access other parts of the Service. Prior to expiration of the Free Access Period, we will notify all Beta Users regarding their rights to access the Website after the Free Access Period. AFTER THE END OF THE FREE ACCESS PERIOD, WE WILL NOT AUTOMATICALLY BILL ANY BETA USER UNLESS HE OR SHE AUTHORIZES US TO DO SO.
You are only permitted to use this Website and the Service if you are 18 years of age or over.
Although we may make some Website content available to unregistered Website users (such as summary versions of information available to registered Website users), additional Website content is accessible only by users who have registered with us (by creating a user name and password) or paid a fee to access such additional content. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us via email to email@example.com of any unauthorized use of your user name or password, or your Website account. Your registration as a user of this Website is personal to you and is non-transferable.
3. Your personal information
4. Rules of conduct
- is or may be:
- defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, racist or otherwise objectionable;
- obscene, vulgar, indecent, pornographic or of a sexual nature;
- a violation of another person's privacy;
- a breach of confidentiality;
- a computer virus or other malicious or harmful code;
- identifiable information about living people without their direct consent, or, in the case of people under 16, the consent of their parent or guardian. This includes (but is not limited to) a person's full name, location and contact information;
- photos of living individuals (other than just you) or anyone else's email addresses without their consent or, in the case of photos which include people under 16, the consent of their parent or guardian;
- causes or is likely to cause anyone:
- alarm, annoyance, anxiety, embarrassment, offence or distress;
- incitement to racial or religious hatred;
- infringes any intellectual property rights, including any copyright or trademark rights. This means that you must either own the rights in the content that you post, or you must have obtained permission from the owner of such rights before posting such content;
- could prejudice any active legal proceedings of which you are aware;
- is unlawful or promotes or teaches unlawful activity;
You must not:
- impersonate anyone else or otherwise misrepresent your identity or status;
- hold yourself out as an employee or representative of Ancestry.com Operations Inc. or anyone affiliated with the Ancestry.com family of companies, websites or affiliates;
- stalk or harass or make persistent or regular contact with other users without their consent or encouragement or after any consent or encouragement has, expressly or impliedly, been withdrawn;
- use our Website or the Service in a way that might damage our name or reputation or that of any of our group companies;
- use our Website or the Service for any illegal activity or provide material which promotes or teaches illegal activity;
- restrict or inhibit any other person from using the Website or the Service;
- exploit for any commercial purposes any portion of, use of or access to the Website;
- advertise or offer to sell products or services, except where this is expressly permitted by us (in which case you must comply with any terms relating to such activities that we specify).
Except with our express prior written consent or as expressly set out under "Our content" below, you must not copy or store electronically all or part of our Website or its contents, or make available, distribute, sell or offer to sell all or any part of the Website or its contents, or systematically download content and data from or through the Website to make or populate another database for any purpose.
You must not include links on our Website to third party websites outside the Ancestry.com Website Group.
5. Your content
5.1 License in your content
The Website may contain areas where you can post content, such as text, images, photographs, data, files and other materials. For purposes of clarity, as between you and us, you retain ownership of any content that you post, subject to the following paragraph.
To the extent permitted by applicable law, you agree to waive all moral rights in any content that you post or send whilst using the Website, including the right to be identified as the author of such content.
5.2 Consents in your content; your representations regarding your content
By including a reference to yourself or to any other individual in any content that you post or submit, you consent to you or others being referred to in connection with the Service. A “reference” to a living person includes a reference by any means whatsoever (including by name or nickname, by description or by appearance in a photograph or film). By providing such consent, you acknowledge and agree that:
- We may publish the content or any part of it to the world (for example, through our websites) for an indefinite period;
- Anyone in the world may search, view, hear or cache the content at any time for an indefinite period.
Before posting or sending any content referring or relating to any living person who is 16 years of age or over, you must obtain that person's explicit consent to be referred to in connection with the Service. For example, you must not include any trees, comments about or photographs or videos of living people, unless you have obtained their consent.
Before posting or sending any content referring to or relating to any living person who is under 16 years of age, you must obtain the consent of their primary parent or guardian for their child to be referred to in connection with the Service. You must make it clear to the parent/guardian that such consent is on behalf of the child and explain the implications of the consent (see above).
5.3 How others may access your content
Once you upload content to the Website, it may become accessible by all persons accessing the Website or any websites in the Ancestry.com Website Group. Other Website users may be able to copy, download, store, edit, change or delete certain content that you post. You agree that other users may access your family tree and may add to, subtract from or otherwise amend your family tree (including information and other content you include in your family tree). Information that you post will be displayed and is available for others to search, view or hear.
You may delete content that you previously posted on the Website; however, if others have downloaded or otherwise stored copies of the content, it may still be publicly viewable.
Other users may contact you through our Website regarding the content you upload to assist with their research. We may send you an email notification when you have a new message on our Website. You can change your email settings in the “My Account” area of the Website if you would prefer not to receive such notification.
6. Our content
7. Monitoring; reporting issues
We may, but we have no obligation to (and, indeed, we may elect not to): (a) monitor, evaluate or alter content posted by Website users before or after it appears on the Website; (b) seek to verify that all necessary rights, consents, releases and permissions in or relating to such content have been obtained (in which case, you agree to cooperate with us in our verification or inquiries related to any content that you post); and (c) refuse, reject or remove any posted content at any time or for any reason.
To report issues, abuse or concerns regarding posted content, please click on the “Report Abuse” link that will appear when you hover over the relevant piece of content, or contact us at firstname.lastname@example.org.
8. Third Party Applications
9. Our liability
The Website, the Service and any information, materials and services made available through the Website and/or the Service are provided to you "as is” without any express representations or warranties of any kind, and we, our affiliates and our respective officers, directors, employees and representatives disclaim all statutory or implied representations, warranties, terms and conditions with respect to the Website, the Service and any information, materials and services made available through the Website and/or the Service, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement and title. We make no representation or warranty that the Website (or any part thereof, including, without limitation, the Service) will be accurate, complete or error-free, nor that any particular software or hardware will be compatible with the Website. You hereby agree that it is your sole responsibility to obtain and pay for any software, hardware or services (including internet connectivity) needed to use the Website and the Service. You agree that you must evaluate, and that you bear all risks associated with, the use of the Website and the Service, including any reliance on the accuracy, completeness, or usefulness of any information, materials and services made available through the Website and/or the Service.
We, our affiliates and our respective officers, directors, employees and representatives will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the Website and/or the Service, nor for any damages for loss of profits, loss or interruption of business, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Website and/or the Service, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. Further, we, our affiliates and our respective officers, directors, employees and representatives will not be liable for damages of any kind resulting from your use of the Website, the Service, and/or from any information, materials or services made available through the Website or the Service. Your sole and exclusive remedy for dissatisfaction with the Website and/or the Service is to stop using the Website and/or the Service. Our maximum liability to you for all damages, losses and causes of action, whether in contract, tort or otherwise shall be fifty dollars (US$50).
We will not be responsible or liable for your inability to access the Website properly or at all because your ISP connection, the Internet generally or your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside our control. If you cannot access our Website properly or at all because any of these reasons, we will not refund any money that you have paid or compensate you.
Making the Service enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of our Website. We will try to do scheduled maintenance during what we anticipate will be relatively low levels of online use. Nevertheless, we may perform emergency maintenance and/or suspend access to the servers at any time in our reasonable discretion. We will try to have our Website available again as soon as we think it is reasonable to do so.
While we try to maintain the security of the Website, we do not guarantee that the Website will be secure or that any use of the Website will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alterations to the Website, contact us at email@example.com with a description of the material(s) at issue and the URL or location of such materials.
11. Rules for Promotions
We hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
13. Notices of copyright infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
David P. Farnsworth
360 W 4800 N, Provo, Utah 84604, USA
Telephone Number: (801) 705-7025
Fax Number: (801) 705-7010
We suggest that you consult your legal advisor before filing a notice or counter-notice.
14. Information or complaints
You may have rights under the laws of various jurisdictions. For instance, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to 360 West 4800 North, Provo, UT 84604, USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
This Website is not intended to subject us to non-U.S. jurisdiction or laws, except as expressly stated in the following paragraph. This Website may not be appropriate or available for use in some jurisdictions. If you access this Website, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.