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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").

By using this Website, you accept these Terms of Use ("Terms of Use") and agree to be bound by them. In the event that we charge any subscription fee in connection with your use of the Website, then the subscription terms ("Subscription Terms"), which are incorporated into these Terms of Use by this reference, will also apply to your use of the Website, in addition to these Terms of Use. If you do not agree to these Terms of Use or the Subscription Terms (if applicable), please do not use this Website.

We may post Non-English versions of these Terms of Use that have been translated from the original English-language version of these Terms of Use. If there are any conflicts, errors in translation or other substantive differences between any Non-English versions of these Terms of Use and the original English-language version, then the original English-language version will apply.

We may revise these Terms of Use and any Subscription Terms at any time; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on this Website. You should check these Terms of Use and the Subscription Terms (if applicable) each time you visit the Website. You can determine when we last changed these Terms of Use by referring to the “Date of publication” legend above. Continued use of the Service following any changes to these Terms of Use means that you have accepted and agree to be bound by such changes. If any portion of, or change to, these Terms of Use or the Website is unacceptable to you or will cause you to no longer be in compliance with these Terms of Use, you may cease to use the Website. You should print a copy of these Terms of Use for your future reference.

You are only permitted to use this Website and the Service if you are 18 years of age or over.

1. Services

We provide Website users with access to certain content and services (collectively, the “Service”). Any references to the “Website” in these Terms of Use also include the Service. We may, in our sole discretion, modify the Service at any time for any reason, including to address changes in law, Website improvements, development or any other reason.

2. Registration

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 support@mundia.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

We collect, use and disclose your personal information in accordance with our privacy policy (“Privacy Policy”), which forms a part of these Terms of Use. You must keep your registration information up to date. This includes your email address and your contact information.

4. Rules of conduct

In using the Website, you agree to obey the law and respect the rights of others. If you breach any of these Terms of Use or any Subscription Terms (if applicable), we may suspend your account and your access to the Service. If, in our opinion, you violate these Terms of Use (including if you repeatedly engage in copyright infringement via the Website), we may terminate your account and your subscription and bar you from registering again. If we suspend or terminate your account for your breach of these Terms of Use or any applicable Subscription Terms, we may not repay you any subscription fees or other charges that you have already paid, and you must not attempt to re-register without our permission. In addition, you will comply with the following rules of conduct, as may be updated from time to time by us. You will not post, transmit, send or otherwise make available, through or in connection with the Website, anything that:

  • 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;
  • violates these Terms of Use, our Privacy Policy, or the Subscription Terms (if applicable)

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;
  • collect and process others’ personal data, except where this is expressly permitted by these Terms of Use or on our Website (in which case you must comply with any terms relating to such collection and processing that we specify);
  • 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.

For each item of content that you post, you grant to us and our affiliates a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (including to other Website users) license, without additional consideration to you or any third party, to: (i) reproduce, distribute, make available, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such content, in any format or media now known or later developed; (ii) exercise all trademark, publicity and other proprietary rights with regard to such content; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your content for the Service, in each case, in connection with your content. For example, after your registration or subscription has ended, we may continue to use and display any content that you previously posted, and other users to whom you have granted such rights may continue to access, change, edit, add to, subtract from or otherwise amend such content. Please see the FAQ for more information about who you can invite to view and edit your tree. If you do not want to grant us the rights set out in these Terms of Use, please do not post any content on the Website..

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).

You represent and warrant that: (i) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any content that you post and to grant the rights and licenses set forth in these Terms of Use, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in any content that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth in these Terms of Use; (ii) any content that you post, and the use of such content by us, our affiliates and our and their respective designees, do not and will not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (iii) any content that you post is not confidential and does not contain any confidential information; and (iv) in creating, preparing and posting any content, you (A) have complied and will comply in all respects with all applicable laws, rules (including these Terms of Use), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including, without limitation, any agreement with any third party).

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. Information that you post will be displayed and is available for others to search for and view. You may invite other users to view your tree and give them rights to copy, download, store, edit, change or delete certain content that you post. You agree that those invited 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). Please see the FAQ for more information about who you can invite to view and edit your tree.

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

Our Website contains software, trademarks, graphics, information, data, editorial and other content ("Our Content"). We, our affiliates or our respective licensors own, licensee or otherwise have rights to use all intellectual property rights in and to our Website and all Our Content. All such rights are reserved. Except as expressly set out in these Terms of Use, nothing in these Terms of Use gives you any right in respect of any intellectual property owned, licensed or used by us, our affiliates or our licensors, and you acknowledge and agree that you do not acquire any ownership rights by downloading any content (including Our Content) from the Website.

Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by us to access and use the Website, unless we expressly provide otherwise in connection with particular content, you may retrieve and display one (1) copy of any content from our Website on any single personal computer, and print and copy individual pages and store such pages in electronic form, solely for your personal, non-commercial, family history research purposes. You must not remove any copyright, trademark or other intellectual property right notices from any Website 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 abuse@mundia.com.

8. Third Party Applications

The Website may include third party software applications and services (or links to such applications and services) that are made available by third party providers (“Third Party Applications”). Because we do not control Third Party Applications, you agree that neither we nor our affiliates, nor our respective officers, directors, employees or representatives, are responsible or liable for any Third Party Applications, including the performance, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Applications. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Website at any time. The availability of Third Party Applications on the Website does not imply our endorsement of, or our affiliation with any provider of, such Third Party Applications. Further, your use of Third Party Applications may be governed by additional terms and conditions that are not set forth in these Terms of Use or our Privacy Policy (for example, terms and conditions that are made available by the providers of such 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).

It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Notwithstanding the foregoing, nothing in these Terms of Use will affect any liability we may have for: (a) death or personal injury arising from our negligence; (b) fraudulent misrepresentation; or (c) any other liability that cannot by law be excluded or limited.

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.

Our Website relies in part on software to work. Software has bugs. While we will monitor the Website and try to fix bugs that we spot or that are made known to us, we cannot guarantee that our Website will be bug-free or will work all the time. It is not a term of these Terms of Use that our Website or any individual feature of our Website will always be available, error free and/or free from viruses.

The Website may include links to third parties who provide goods and services. We make no representation or warranty concerning, we are not responsible for, and we do not endorse any third party goods or services, and you acknowledge and agree that any recourse for dissatisfaction or problems with those goods or services must be sought from the third party provider of such goods or services and not from us. Where our Website contains links to other websites or to third party websites, products or services, these links are provided for your information only. Please be aware that these third party websites and services may be subject to their own terms and conditions (including what they can do with the content and your personal data, e.g., to send advertisements to you), and we are neither responsible nor liable to you for the content of these linked websites or any products or services made available or sold via such linked websites. To the extent permitted by law, we disclaim all responsibility and liability for any losses arising out of (a) any dealings that you may have with third parties in connection with our Website or (b) your breach of these Terms of Use or any Subscription Terms (if applicable).

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 abuse@mundia.com with a description of the material(s) at issue and the URL or location of such materials.

10. Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our affiliates and our and their respective officers, directors, employees and representatives from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Website; (b) any violation of these Terms of Use by you; (c) any use or other exploitation of any content that you post; or (d) any claim that any content that you post or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including, without limitation, past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

11. Rules for Promotions

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

12. Filtering

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
Email: dfarnsworth@ancestry.com

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 support@mundia.com. 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.

15. General

We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

If any part or provision of these Terms of Use or any Subscription Terms (if applicable) is found to be unenforceable, this shall not affect the validity of any part or other provision of these Terms of Use or any Subscription Terms (if applicable).

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.

These Terms of Use and the Subscription Terms (if applicable) shall be governed and interpreted in accordance with the laws of Utah, USA, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Utah, and waive any jurisdictional, venue or inconvenient forum objections thereto. Notwithstanding the previous sentence, if you live within the European Community and are accessing the Website from the European Community, these Terms of Use and the Subscription Terms (if applicable) shall be governed and interpreted in accordance with the laws of England, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the courts of England, and waive any jurisdictional, venue or inconvenient forum objections thereto.

You further agree that the United Nations Convention on the International Sale of Goods will not apply to these Terms of Use. You agree that any unauthorized use of the Website would result in irreparable injury to us, our affiliates or our respective officers, directors, employees and representatives, for which money damages would be inadequate, and, in such event, we, our affiliates or our respective officers, directors, employees and representatives, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in these Terms of Use shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our affiliates or our respective officers, directors, employees and representatives may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.

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.

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