myfamily.com Terms & Conditions
Last Updated: November 16, 2013
Welcome to myfamily.com, the best place to keep your family connected. Below are our detailed terms and conditions (the "Agreement") that you must read and accept before using our services.
Myfamily.com (the "Website") 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 minor under the age of 18 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. 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. 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 this Agreement 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.
You agree not to use the Service:
Post, transmit, or display anything that is illegal, threatening, harmful, abusive or otherwise objectionable. For example, but not limited to, actions that are harassing, invasive of another's privacy, degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, hateful or racially or ethnically objectionable.
Post, transmit, or display content which is protected by copyright or trademark or that does not belong to you and that you do not have authorization for use from the owner of the copyright or trademark, including but not limited to email messages and notes.
Post, share, transmit, upload, or display content which contains personal, proprietary or confidential information that you do not have a right to transmit. For example, but not limited to, posting any photos of living individuals without their permission or posting anyone else's sensitive financial information, home or work address, phone number, or email address without their consent.
Post or publish any information that you know is false or misleading. For example, but not limited to, impersonating any person or entity, or falsely misrepresenting your affiliation with any personor entity, or falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of Ancestry or affiliated with the Ancestry family of companies.
Post, transmit or make available advertising, promotional materials, junk mail, chain letters or any other form of solicitation.
Stalk or harass others. For example, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language, or any other action that is hateful racially or ethnically, or is otherwise objectionable.
Reproduce, copy or sell any portion of the Content, or systematically download Content to make or populate another database or for any other purpose.
Interfere or attempt to interfere with the myfamily website. For example, but not limited to, using any software program, virus or routine to block, obscure, overwrite or modify any Content or web pages, or to destroy the software, hardware or telecommunications equipment of another person.
Stalk or harass any Ancestry employee. For example, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language to any Ancestry employee, or abusing Ancestry resources, such as misusing an Ancestry employeeÕs time.
Share your myfamily Member password with any unauthorized person, or permit a child under the age of 13 to publish information or post content under your membership.
Use the Websites for any illegal activity, or provide material which promotes or teaches illegal activity
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;
This list is not exclusive. Ancestry prohibits members or any other person from engaging in any activity that Ancestry, in its sole discretion, determines is offensive, interferes with the rights of others, or causes harm to any person, including to Ancestry and its employees. Violation of, or acting inconsistently with, the letter or spirit of our rules may result, in appropriate consequences and at our sole discretion, suspension, cancellation or termination of the accounts of the offending user, and such violation may result in the forfeiture of any and all fees that the User has already paid to be a member of the Service or any other fee. The preceding sentence shall not in any way limit any other remedy, legal, equitable or otherwise, that Ancestry may pursue.
User-Contributed Content; FamilyTrees
Portions of the Website allow you and other Users to contribute material to be displayed on the Website or create and share various presentations and other materials with other Users ("User Provided Content"). For User Provided Content, Ancestry is merely hosting and providing access as well as providing tools to post and share content. 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 Ancestry 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 this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here.
Family Trees: The Service also 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 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.
The decision to upload information to the Website or share information is your responsibility and you should only submit or share content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the Website, you 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 Ancestry you agree to furnish Ancestry with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
By submitting User Provided Content to Ancestry, you grant Ancestry, 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. You hereby release Ancestry 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. Except for the rights granted in this Agreement, Ancestry 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.
If you submit material to the Website on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Some User Provided Content can be submitted to Ancestry and Ancestry will scan, image and/or create an index from the content you submit. In this situation, you grant Ancestry a license to the User Provided Content as described above and Ancestry will own the digital version of documents created by Ancestry as well as any indexed information that Ancestry creates.
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 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.
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.
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.
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.
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 approximately 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.
When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.
Opting Out of Renewal. You may opt out of renewing your subscription by calling Ancestry at 1-888-265-7491 at least two days before the renewal date. If you do not let us know that you want to terminate your subscription at least two days prior to the end of the current subscription period the payment for the renewal period of the subscription will be made.
Cancellations and Refunds. For all initial purchases, you may cancel during the first 30 days and receive a full refund. If the cancellation occurs after the first 30 days, you will not receive a refund. Cancellations may be made by calling Ancestry at 1-888-265-7491 and providing the same information that you provided when you subscribed. Your cancellation must be received by end of business (4:00 p.m. Mountain Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Prices Subject to Change. Prices may be changed by Ancestry at any time. Each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless there is a change in subscription prices. Ancestry 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 subscription due to the new prices, you may opt out of renewal as set forth in this Agreement.
Special Admonitions for International Use
The Website is operated in and the services provided are from the United States of America. This Agreement is governed by the laws of the State of Utah and the United States. Registering as a Member results in your personal information being stored and processed in the United States, and you specifically consent to our storage and processing of the personal data you submit.
If a dispute arises between you and Ancestry, 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 Ancestry Customer Support at 1-888-265-7491 to describe the problem and seek a resolution. If that does not resolve the issue, then you and Ancestry agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Utah County, Utah for the purpose of litigating all such claims or disputes.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. . YOU AND ANCESTRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ancestry agree otherwise, the arbitrator may not consolidate more than one personÕs claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
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