1000Memories Terms of Service
Last updated on April 13th, 2013.
Welcome to 1000Memories by Ancestry.com. Below are our detailed terms and conditions that you must read and accept before using our services.
These Terms and Conditions apply to users registering on or after April 13th, 2013. For existing subscribers and registered guests, these Terms and Conditions will become effective on April 13th, 2013.
Before using this website, you must review and accept the following terms and conditions (the “Agreement”). The Agreement defines your rights and responsibilities as a user ("User") of the website operated by Ancestry.com Operations Inc. (together with its parent corporation, subsidiaries and affiliates, “1000Memories” or “we”) and located at http://1000memories.com/register (collectively, the “Website”). The Website is operated in the United States of America. Access is governed by these terms and conditions under the laws of the State of Utah and the United States. Registration as a user of the Website results in your information being stored and processed in the United States, and you specifically consent to 1000Memories’s storage and processing the personal data you submit. The Website and services provided herein are intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions. If you don't agree with any of these terms, or if you have any objections to our Privacy Statement you must not use the Website. By accepting this Agreement, you are also agreeing to our Privacy Statement and our Copyright Policy.
2. Description of the Service
1000Memories offers an online service where Users can share and preserve their photographs (the “Service”). Users of the Website also communicate with relatives and other Users in order to collaborate and exchange family history related information and photographs (together with the Users of the Website and other websites and platforms owned by affiliate companies of 1000Memories, including, for example, ancestry.com, 1000memories.com, fold3.com, archives.com, newspapers.com, mundia.com, the “Ancestry Community”). The Website contains graphics, information, data, user generated information, editorial and other content accessible by Users (the “Content”). Except for Web Records, which are governed by the third parties that host the records, all Content is owned, licensed to and/or copyrighted by 1000Memories and may be used only in accordance with this limited use license. The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
3. Limited Use License
You may access the Website, use the graphics, information, data, editorial and other Content only for personal or professional family history research, and download Content only as search results relevant to that research. The Content may be downloaded onto mobile devices or desktop through the use of authorized 1000Memories software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. You may use any software provided on the Website only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. 1000Memories and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. Violation of this limited use license may result in immediate termination of your access to the Website and may result in legal action against you.
4. Rules of Conduct
Before using the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Website. In addition, the following rules must be followed anytime you access the Website.
No User of the Website may:
A. 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.
B. 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. Read our copyright policy for more information.
C. Post, transmit, upload, or display content which contains 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 email addresses without their consent.
D. 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 person or entity, or falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of 1000Memories or affiliated with the 1000Memories family of companies.
E. 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.
F. Stalk or harass any 1000Memories employee. For example, but not limited to, using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language to any 1000Memories employee, or abusing 1000Memories resources, such as misusing a 1000Memories employee’s time.
G. Share your 1000Memories password with any unauthorized person, or permit a child under the age of 13 to publish information or post content under your 1000Memories account.
H. Use the Website for any illegal activity, or provide material which promotes or teaches illegal activity.
This list is not exclusive. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to our Website and the other websites or services operated by 1000Memories. In such a case, no portion of any subscription payment will be refunded. Should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of a subscription payment, which will be your sole and exclusive remedy upon such a suspension.
5. User Provided Content
Portions of the Website allow you and other Users to contribute photos and other material to be displayed on the Website ("User Provided Content"). For User Provided Content, 1000Memories is merely hosting and providing access. 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 1000Memories 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 Copyright Policy.
The decision to upload information to the Website is your responsibility and you should only submit 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 1000Memories you agree to furnish 1000Memories 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 1000Memories, you grant 1000Memories, 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 1000Memories 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, 1000Memories 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.
6. Registration Terms
You must be 18 years or older to register and become a User. You must provide 1000Memories with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will select a username and password. 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 any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on 1000Memories via your account. Distribution of your password to others for access to 1000Memories is expressly prohibited. You will never be required to reveal your password to any representative or agent of 1000Memories, its owners or agents. You must notify us by regular mail or by e-mail 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 billing information.
You may cancel your account at any time. Cancellations may be made by emailing us at e-mail. Please allow a reasonable amount of time for us to effect the cancellation of your account.
7. Modifications to this Agreement
1000Memories has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the Website and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your account by following the instructions in this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.
8. Liability Disclaimer
No Warranty. We make no 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. We offer the Website on an "as is basis" and 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. In addition, 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. 1000Memories does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment and does not warrant that this Website, the Service, its servers, or any emails which may be sent from 1000Memories are free of viruses or any other harmful components.
Limitation of Liability; Exclusive Remedy. 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 actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website.
Third Party Services. 1000Memories may, from time to time, provide opportunities to Users of the Website to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. 1000Memories 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 for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from 1000Memories.
We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not without the written consent of 1000Memories assign or transfer any of your rights and obligations under these terms.
You acknowledge and agree that 1000Memories may disclose your information if 1000Memories believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require 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.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of the Services or Website.
Official correspondence must be sent via postal mail to:
1000Memories Attn: Customer Solutions 360 W 4800 N Provo, UT 84604
This Agreement, 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 1000Memories.