Last Updated December 1, 2011
Note: Review the following terms and conditions (“Terms”) which define your rights, responsibilities and benefits as a user of the websites at ancestry.co.uk, ancestry.de, ancestry.fr, ancestry.it, ancestry.se, ancestry.com.au, ancestry.ca and any other website (collectively “Website”) that directly links to these Terms and is operated by Ancestry.com Europe S.à r.l., 31, rue Philippe II, L-2340 Luxembourg, Grand-Duchy of Luxembourg (“Ancestry” or “we”).
These Terms shall govern the relationship between you (“you”) and Ancestry. By accessing or using the Website or the services that we perform via the Website (“Service”), you are concluding a legally binding agreement with us, based on these Terms, including all terms, conditions and policies incorporated herein by reference, including our Community Rules and Guidelines. If you don't agree with any of these Terms, or if you have any objections to our Website Privacy Statement you must not use the Service or Website.
For the previous version of the Terms and Conditions, please click here.
1. DESCRIPTION OF THE SERVICE
Ancestry offers an online archival platform and service where users can discover, research, and archive their family history by searching our extensive databases of records, create and search family trees, collaborate and exchange related information with relatives and users of the Ancestry.com Community together with such other developments and services Ancestry may add from time to time. The Ancestry.com Community comprises the users of the Website and other websites and platforms owned by affiliate companies of Ancestry, including ancestry.com, rootsweb.com, genealogy.com, mundia.com.
Users of the Service may be registered, pay-per-view or paying subscribers. The different payment options and services offered for the different levels will be published on the relevant Website or at the time a subscription or other service is taken out and the terms and conditions applying to such subscriptions or other services will be incorporated into these Terms.
The Service is intended for adults in the jurisdictions to which the applicable URLs relate (e.g., Services at ancestry.co.uk are intended for users in the UK). If you are under the age of 18, you may not access or use this Website or Service.
2. LIMITED USE LICENSE
You may access the Website only personally with an individual browser (bots, crawlers, spiders, scraping and other automatic access tools are prohibited), use graphics, information, data, editorial and any other content displayed on or accessible through the Website (“Content”) only for personal or professional family history research, and download Content only as search results relevant to that research. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you. You may use the software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use, and a license for such use is provided in connection with that software. Ancestry and its licensors retain title, ownership and all other rights and interests in and to all Content, except as expressly set forth in these Terms.
3. USER PROVIDED CONTENT
Portions of the Service and Content on the Website are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. For User Provided Content, we are merely hosting and providing access, and we cannot accept any liability whatsoever with regard to such material (including with respect to its accuracy). By submitting material to the Website, you represent that you have the right to do so, and that you have obtained any third party consents where required (e.g., under data protection or intellectual property laws), and, subject to these Terms and restrictions on data processing in our Website Privacy Statement, as amended from time to time, you grant Ancestry a non-exclusive, transferable, sublicenseable, royalty-free license to host, store, copy, publish, distribute, provide access to and otherwise use such material, including, hosting and access on co-branded services of that material, and to use the data contained in that material as search results and to integrate that data into the Service as Ancestry deems appropriate. You must submit only material which belongs to you (or of which you have the relevant permissions to submit) and which will not violate the property rights or other rights of other people or organisations. We are sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here. We cannot commit to prior review or monitoring of User Provided Content, but we may apply, at our discretion, automated filtering tools (for example, to suppress and omit from display information submitted to the user-submitted family tree elements of the Website which appears in our best judgement, using algorithms, to pertain to a living person). We also reserve the right to act expeditiously to remove or disable access to any User Provided Content that comes to our attention, including information which we believe, in our sole discretion, is illegal, obscene, indecent, or defamatory, incites racial or ethnic hatred, or violates the rights of others, and we may terminate your use of the Service in these circumstances.
4. YOUR COMPLIANCE OBLIGATIONS
Generally, you must comply with all applicable laws and refrain from infringing any third-party rights or interests (including, without limitation, privacy and intellectual property rights) and you shall not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Website or other users.
5. LIABILITY DISCLAIMER
No Warranty. We do not extend any express warranties or representations as to the quality and accuracy of the Content, Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. Other than as required pursuant to mandatory law, and without limiting the generality of the foregoing, we offer the Service on an "as is basis" and (i) we do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service; and (ii) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. Furthermore, other than as required pursuant to mandatory law, Ancestry does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment. Ancestry does not warrant, other than as required pursuant to mandatory law, that this Website, the Service, its servers, or any emails which may be sent from Ancestry are free of viruses or any other harmful components.
Limitation of Liability. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss or corruption of, or damage to, data, systems or programs; or (vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are using the Service as a consumer, your mandatory, statutory consumer rights shall be unaffected.
Liability Cap. Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to the greater of (a) $100 for each claim or series of connected claims or in aggregate $200 for any number of incidents in any 12 month period, or (b) fees received from you in the 12 month period preceding the incident on which your claim is based.
No Liability or Endorsement for Third Party Services. Ancestry may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Websites of those third parties may be subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Other than as required pursuant to mandatory law, Ancestry makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse under these Terms for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Ancestry.
Exclusive Remedy. If you are dissatisfied with any portion of the Service, or with any clause of these Terms, as your sole and exclusive remedy under these Terms you may discontinue using the Service and Website. You may also have additional rights under mandatory laws. If you are a paying subscriber and you terminate for our breach or important cause after providing us with a 30 day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.
If we decide to discontinue the Website or Service, or if you breach these Terms, we may suspend or terminate your access to the Website and Service.
7. ADDITIONAL GUEST OR SUBSCRIBING MEMBER TERMS
7.1.1 As part of the registration process, you will select a password and subscriber name ("Username"). You must provide Ancestry with accurate, complete and updated registration information. Failure to do so will result in breach of these Terms. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorization; or (iii) use a name that is offensive to a reasonable person.
7.1.2 You must immediately notify us by regular mail or by email at [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Ancestry.
7.1.3 You are responsible for all usage or activity on the Website via your password account. Distribution of your password to others for access to the Website or Service is expressly prohibited and shall constitute a breach of these Terms. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
7.2.1 Continuous Service Membership. The subscription is not confirmed and/or renewed until the validation of payment and once the sum is credited to Ancestry. The subscription is considered as irrevocable and may not be cancelled or terminated for the subscribed period, except as expressly provided otherwise in these Terms. In subscribing online, the acceptance of the contract by the "double click" procedure has the same value as a handwritten signature. As soon as your subscription has been effected, you will receive a confirmation email recalling the terms and conditions of your subscription. It is recommended that you keep this email and/or print it out. Subscriptions are continuous. This means that once you have become a subscribing member, you accept that your subscription will be automatically renewed from one period to the other and your credit card will be charged based on the subscription programme (annual, quarterly, monthly, etc.) you have chosen. Payment card charges should be processed within 24 hours after the subscription request has been submitted by you and the Services will then be available. In the case of yearly and six monthly subscriptions, you will be notified by email at least twenty eight (28) calendar days before your subscription will end, asked to correct any information which has changed and given the opportunity to "opt out" of your renewal.
7.2.2 Opting Out of Renewal. If you wish to terminate your subscription you must notify us at least two (2) days calendar before the renewal date by calling (800) 958-9073 (Member service is available from Monday to Friday 10:00 am to 10:00 pm EST, and Saturday and Sunday 10:00 am to 6:00 pm EST), or by sending an email to [email protected] providing the following information:
Given name and surname
Subscription type (Canada Deluxe, World Deluxe, etc.)
Email address used when subscribing
Phone number including country code
In the case of monthly subscriptions, please ensure that you correct any information which has changed in respect of your payment details to prevent your subscription lapsing due to us being unable to process your payment. If you wish to terminate your subscription you must notify us at least two days calendar before the renewal date by the same means detailed above.
If you do not let us know that you want to terminate your subscription at least two (2) days calendar prior to the end of the current subscription period the payment for the renewal period of the subscription will still be made.
In respect of other offers, promotions or free trials, the specific terms and conditions that apply will be stated at the time of purchase; please ensure you have noted down any relevant cancellation dates or price changes when a promotion or free trial ends.
The renewal of the subscription takes place subject to the Terms in force on the date of renewal.
7.2.3 Withdrawal. Once your subscription becomes effective, you can immediately access the service and consequently, you do not have any cancellation or withdrawal rights under Article 55.4 of the Luxembourg Law on Electronic Commerce or other laws implementing the EU Distance Selling Directive. However, you may have cancellation and withdrawal rights under mandatory laws of your country.
7.2.4 Prices and Changes upon Renewal. The price of the Service is expressed in the relevant local currency of the Website. Acceptable payment methods will be displayed at the time payment is made. Subscription prices may be changed by Ancestry at any time and each renewal of your subscription will be at the standard renewal cost for the period that you originally selected when you subscribed. 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 Section 7.2.2 above.
8.COMMUNICATIONS BETWEEN ANCESTRY AND YOU
We will send electronic mail to you or otherwise notify you for the purpose of informing you of changes or additions to the Website or Service, or of any related products and services. You may opt out of commercial advertising and marketing emails at any time by clicking the unsubscribe link at the end of each such email or by going to My Account and changing your email preferences. Please see our Website Privacy Statement for further information on how we manage and process your personal information.
We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms. These Terms are personal to you and, as a result, you may not without the written consent of Ancestry assign or transfer any of your rights and obligations under these Terms.
10. MODIFICATIONS TO THESE TERMS AND TO THE SERVICE
Ancestry may modify these Terms (including any of the terms incorporated by reference herein), the Website, or the Service at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Changes will be posted at the Website or notified by email, postal mail or otherwise. With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid subscription (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. Continued use of the Service now or following posted notices of changes means that you have accepted and are bound by the changes.
11.1 These Terms and any disputes arising out of or relating to these Terms, the Service or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of the laws of the Province of Ontario and the federal laws of Canada applicable therein and you and we each submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.
11.2 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable. We can replace ay term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
11.3 Any failure by us to enforce any term of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.
11.4 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you or otherwise as a result of your use of the Website.
11.5 Official correspondence must be sent via postal mail to:
Ancestry.com Europe S.à r.l.
31, rue Philippe II
Grand-Duchy of Luxembourg
11.6 These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Ancestry.