TERMS & CONDITIONS END-USER LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (the person accepting this agreement by clicking the [Accept] button below) and Z-Corp, a Utah corporation, dba OneGreatFamily.com, for the software product identified above, which includes computer software and associated electronic documentation (the "Software").
BY CLICKING THE [ACCEPT] BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE APPLICATION, AND EXIT NOW.
Following acceptance of this Agreement, you will be granted a non-exclusive, non-transferable license to execute and use one copy of the Software for your own personal, individual use during the term of this Agreement subject to the terms and limitations set forth below. Such copy will be downloaded to your computer from OneGreatFamily's Internet web site (the "Site") each time you login to the Site and launch the Software. You are not authorized to make any other copy of the Software, except as may be otherwise required by law.
TERM AND TERMINATION
This Agreement shall become effective on the date you indicate your acceptance by clicking the [Accept] button, and shall continue in effect until terminated by OneGreatFamily.com due to your breach of any term or condition hereof, which termination may be effected by OneGreatFamily.com with or without prior notice to you. OneGreatFamily may modify this Agreement at any time by posting such modification on the Site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the Site, Software or Service shall be deemed your acceptance of the modified Agreement. You agree to review the Agreement regularly as there may be modifications. OneGreatFamily may also make changes to the Site, Software or Service at any time without notice.
You may not rent, lease or lend the Software.
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
OneGreatFamily.com may provide you with support services related to the Software ("Support Services"). Use of Support Services is governed by OneGreatFamily.com policies and programs described in the "online" documentation, and/or in other materials provided by OneGreatFamily.com. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and shall be subject to the terms and conditions of this Agreement. This license may not be transferred or assigned to any other party.
Without prejudice to any other rights, Vendor may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component parts, and OneGreatFamily.com may suspend or deactivate your use of the Software with or without notice.
Data Usage Policy
By uploading your genealogical data, either by gedcom file or manually, you indicate that you agree to the following terms and conditions:
- You have obtained permission from all living persons named in your submissions to send their information to OneGreatFamily.
- You grant OneGreatFamily permission to publish your name and email address as the contributor of the information you submitted. This contact information helps others to coordinate research with you.
- You grant OneGreatFamily permission to use, copy, modify, and distribute any of the information included in your submission without compensation and in any form we feel appropriate. You also give us permission to use information from your submission to create new databases.
- You affirm that you have the right to grant us permission to use the information in your submission, as described in these conditions. You accept legal responsibility for any permitted use made of the information you provide.
- You agree that we are not responsible for any alteration, loss, damage, or corruption to your submission.
- You agree that once you submit your genealogy to us, it becomes our property and cannot be retracted or returned. However, this does not limit your right to publish, sell, or give the information you submit to others.
- You are 18 years of age or older. If you are under 18 years old, you must get permission from your parents before you send any information about yourself or others.
Upon your breach of any provision of this Agreement, OneGreatFamily shall have all of the rights and remedies available under the laws of the State of Utah and of the United States. No right or remedy herein conferred on, or reserved by, OneGreatFamily is exclusive of any other right or remedy by law or equity permitted or provided; but each shall be cumulative of every other right or remedy now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time.
This Agreement shall be governed by the laws of the State of Utah, and you agree to exclusive jurisdiction in the Utah State courts located in Utah County and in the Federal District court located in Salt Lake City, Utah.
You agree to comply with the export laws and regulations of the United States. You agree to defend, indemnify and hold OneGreatFamily.com harmless from and against any and all claims, judgments, costs, awards, expenses (including reasonable attorneys fees) and liability of any kind arising out of the non-compliance with applicable export regulation, statutes, decrees or other obligations. The obligations under this section shall survive the expiration or termination of this Agreement.
FEES AND PAYMENTS
Continuous Service Membership. Subscription membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (monthly, quarterly, biannually or annually) you have chosen. Credit card charges will be processed within 24 hours after subscription and products included in memberships will be shipped shortly thereafter.
Subscription costs may be changed by OneGreatFamily at any time and each renewal of your subscription will be at the then standard renewal cost for the period which you originally selected when you subscribed.
7-Day Free Trials
A free trial subscription comes with the option to cancel anytime during the trial period and not be charged. To avoid being charged after the trial period, you must finalize your cancellation request within the trial period by following directions that will be given to you when we have received your cancellation request. To make a cancellation request, click on the Contact link in the footer of our web site, then choose "Select Subject" then "Cancellation Requests" for the Subject and follow instructions. Once you complete your 7-day free trial, you may not receive a refund for any reason.
Monthly, Quarterly and Annual Subscriptions without a 7-day Free Trial
To cancel a monthly, quarterly or annual subscription, you must call us at 800-489-0932 or such other number that is provided you through the web site. Except in the case of certain annual subscriptions, no refunds are given when a monthly, quarterly or annual subscription is cancelled. An annual subscription comes with the option to cancel during the first 10 days and receive a full refund, unless the annual subscription began with a free trial period, promotion or is a gift subscription. The 10 day refund period begins on the day you registered for the subscription service, which is also the day you are given access to the subscriber features of the service. When canceling a qualifying annual subscription you must call us at 800-489-0932 or such other number that is provided you through the web site. Please have your user name and account number ready when you call. Your cancellation call must be received by end of business (5:00 pm Mountain Time) on the 10th subscription day. Please allow a reasonable time for the refund to be credited back to your card if you have subscribed by credit card.
Copyright. Excluding any customer provided information, all title, copyrights, and patents pending in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying documentation, and any copies thereof are owned by OneGreatFamily.com or its suppliers. The Software is protected by patents pending, copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this Agreement.
DISCLAIMER OF WARRANTY
THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS." ONEGREATFAMILY.COM AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES. ONEGREATFAMILY.COM AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. You assume the entire risk of using the Software. ONEGREATFAMILY.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DOES ONEGREATFAMILY.COM MAKE ANY WARRANTY AS TO THE ACCURACY, SECURITY OR RELIABILITY OF ANY COMMUNICATIONS, TRANSMISSIONS OR DATA STORAGE SERVICES. IN ADDITION, ONEGREATFAMILY.COM MAKES NO AGREEMENTS, AND YOUR SOLE RECOURSE UNDER THIS AGREEMENT FOR CAUSES OF ACTION ARISING FROM SUCH SERVICES SHALL BE AGAINST THE PARTY PROVIDING THOSE SERVICES. ANY LIABILITY OF ONEGREATFAMILY.COM FOR A DEFECTIVE COPY OF THE SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SOFTWARE WITH ANOTHER COPY OR REFUND OF THE LICENSE FEE RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE SOFTWARE. IN NO EVENT WILL ONEGREATFAMILY.COM OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VENDOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last. In those jurisdictions, OneGreatFamily.com's warranties shall be limited to the greatest extent permitted by law.