Family Footprints - Terms of Use



Terms of Use



Family Footprints Terms of Use is located at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/terms.html

Family Footprints WebStore Terms of Use is located at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/termsstore.html




TERMS OF USE
LAST UPDATED:   October 21, 2002

1. ACCEPTANCE OF TERMS

Welcome to Family Footprints.   Family Footprints provides its service to you, subject to the following Terms of Use  ("Terms"), which may be updated by us from time to time without notice to you.   You can review the most current version of the Terms at any time at: http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/terms.html.
By use of the Family Footprints website, located within the Rootsweb.com domain at the subdomain: http://freepages.genealogy.rootsweb.com/~robertjpowell/,   you accept acknowledgement and agree to this Terms.

2. PREVIOUS NAME OF WEBSITE

Family Footprints changed it's name in September 2002 from Jordan's Journey Through Time , which was located at the same Uniform Resource Locator - URL, (web address), at: http://freepages.genealogy.rootsweb.com/~robertjpowell/.   Visitors, persons, individuals, organizations, companies, or corporations or other previously having done business with, affiliated with, or associated in any way with Jordan's Journey Through Time have transfered any and all, but not limited to, dealings, transactions, agreements, affiliations to Family Footprints.
Family Footprints retains any and all, but not limited to Jordan's Journey Through Time's Service(s), Content(s), Trademark(s), Service Mark(s), Logo(s), Image(s), Copyrite(s), and all other items not mentioned that were associated with Jordan's Journey Through Time.

3. DESCRIPTION OF SERVICE

Family Footprints is a genealogy website that provides users with access to resources, including, but not limited to, Genealogy Documents, Genealogy Reports, Genealogy Downloads, Genealogy Photographs, Genealogy Searches, the   ("Service").   Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms.   You understand and agree that the Service is provided "AS-IS" and that Family Footprints , its Owner(s), Webmaster(s), Subsidiary(ies), Affiliate(s), Officer(s), Agent(s), Co-Brander(s) or Other Partner(s), and Employee(s), assumes no responsibility for the use of the Service.   You are responsible for obtaining access to the Service, and that access may involve, but not limited to, third party fees (such as Internet Service Provider or airtime charges).   You are responsible for those fees, including any other "third party" fees associated with access to the Service and use of the Family Footprints website not mentioned.   In addition, you must provide and are responsible for all equipment necessary to access the Service.

4. WEBSTORE TERMS OF USE

Family Footprints is a registered affiliate of Ancestry.com.   Family Footprints in this affiliation is able to offer products and services on Family Footprints website ("WebStore") by and through Ancestry.com.   Any and all visitor(s), person(s), individual(s), organization(s), company(ies), corporation(s), or other(s) who access or use our WebStore are subject to ADDITIONAL TERMS, ("WebStore Terms").   The WebStore Terms are additional Terms of Use, for those that choose to use this Service.   By using the WebStore in any way, you awknowlege and agree to the WebStore Terms, which are in ADDITION TO, and NOT a replacement of in any way the Terms listed on this page, at: http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/terms.html.   The WebStore Terms can be viewed at:  : http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/termsstore.html.

5. PRIVACY POLICY

a) Content:   Family Footprints respects your privacy and does all it can to protect information on living individuals.   For Content found on any part of our Service, we have not knowingly added or display living persons.   The only exception to this exclusion, will be that a living person's surname may be included in Content.   Being that there are no dates, names, or places concerning an unnamed living individual, there are no causes for concern on any privacy issue.

b) Personal Information:   Personal information provided by you, to Family Footprints, for the purpose relating to this Service, may be kept in files owned by Family Footprints, and it's owners and operators.   This information will not be sold or given to third parties, without your explicit instructions to do so.

c) For more information, see our full Privacy Policy at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/privacy.html

6. CONTENT AND DISCLAIMER

You agree that you must evaluate, and bear all risks associated with the use of any and all Information and Service ("Content") provided by Family Footprints . Your evaluation on the Content includes, but is not limited to any reliance on the accuracy, completeness, or usefulness of such.   In this regard, you acknowledge that you may not rely on any Content created by Family Footprints , submitted to Family Footprints , or "gathered" by Family Footprints, including without limitation, Content in all parts of the Service.
Family Footprints disclaims the accuracy and completeness of Content, where it has not been 100% proven.
The Content contained within Family Footprints is documented where we currently have documents, and if the source is known, the source is noted.
Content and Information has not been verified by Family Footprints for it's accuracy and sources.   For that reason, not all of the information included within this website is proven, which means that some information may be incorrect.  
You may view the Family Footprints Disclaimer at:
http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/disclaimer.html

7. RELEASE FOR PUBLICATION AND SHARING

Family Footprints does not claim ownership of Content submited, donated, contributed or made available for inclusion on the Service, which means that the copyright owner of said material is still owned by that party.   However, with respect to Content you submit, donate, contribute or make available for inclusion on the Service, you grant Family Footprints and its Owner(s) the following world-wide, royalty free and non-exclusive license(s), as applicable:

a) With respect to Content submited, donated, contributed or made available for inclusion on Family Footprints , you grant the license to publish, use, distribute, reproduce, modify, adapt, and publicly display such Content on the Service solely for the purposes of enhancing the Service for which such Content was submitted or made available, in addition to any means that Family Footprints uses to further share and exchange data with other genealogists.   I further grant other genealogists the right to freely extract data and information from the material and/or data, and exchange of such with other genealogists.   This license does not expire.

b) With respect to photos, graphics, audio or video submited, donated, contributed or made available for inclusion on Family Footprints , the license to publish, use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose of enhancing the Service for which such Content was submitted or made available, in addition to any means that Family Footprints uses to further share and exchange such with other genealogists.   This license does not expire.

c) I understand that anything submited, donated, contributed, or made available for inclusion will not be returned to me.

d) By sharing, donating, contributing, or making for inclusion anything to Family Footprints, I completely understand and awknowledge this 'RELEASE FOR PUBLICATION AND SHARING', and by submiting, donating, contributing or maing available for inclusion, is considered as my 'electronic signiture' of this 'RELEASE FOR PUBLICATION AND SHARING'.

8. INDEMNITY

You agree to indemnify and hold Family Footprints , and its Owner(s), Webmaster(s), Subsidiary(ies), Affiliate(s), Officer(s), Agent(s), Co-Brander(s), or Other Partner(s), and Employee(s), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content, or what you make available for the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

9. NO RESALE OF SERVICE OR CONTENT

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including any of its Content.

10. MODIFICATIONS TO SERVICE OR CONTENT

Family Footprints reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or Content (or any part thereof) with or without notice.   You agree that Family Footprints shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part or all of the Service or Content.

11. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of our affiliate companies, third parties, or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser.   You agree that Family Footprints shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites , web pages, or resources.   Because Family Footprints has no control over such sites, pages, and resources, you acknowledge and agree that Family Footprints is not responsible for the availability of such external sites, pages, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, pages, or resources.   You further acknowledge and agree that Family Footprints shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.   THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.   FAMILY FOOTPRINTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FAMILY FOOTPRINTS MAKES NO WARRANTY THAT  (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,   (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,   (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,   (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND   (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, INCLUDING BUT NOT LIMITED TO GEDCOM FILES, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAMILY FOOTPRINTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAMILY FOOTPRINTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FAMILY FOOTPRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:   (i) THE USE OR THE INABILITY TO USE THE SERVICE;   (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;   (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;   (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR   (v) ANY OTHER MATTER RELATING TO THE SERVICE.

15. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.   ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.

16. NOTICE

Family Footprints may include the Service of providing notices of changes to the Terms or other matters by displaying notices or links to notices on the website and Service.   Family Footprints shall include notice of change, with a link, on our 'What's New' page located at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/gen/new.html.
You further awknowlege that Family Footprints is not liable in any way or responsible for a persons non-action in reading Terms or any updates.   Family Footprints will display a date on the Terms page, to also notify when these Terms were last updated.

17. TRADEMARK INFORMATION

The Family Footprints name and logos are our trademarks and service marks, and other Family Footprints logo(s), image(s), product(s) and service name(s) are trademarks of Family Footprints.   (Family Footprints "Marks".)   Without Family Footprints' prior permission, you agree not to display or use in any manner, any of the Family Footprints Marks.

18. COPYRITE INFORMATION

Family Footprints is copyrited © 2000, © 2001, and © 2002 by Robert Powell, (owner of Family Footprints) including, but not limited to, its Service and Content.   All Rights Reserved.   Permission is granted for the download of the genealogy files in the form of GEDCOM.   These GEDCOM files contain Content that is uncopyritable (name, dates, places), and also Content that is copyrited by Robert Powell.   Under NO circumstance may any Content, for any reason, be sold, or used in any way, for any type of profit or gain.   For full copyrite information, see our Copyrite page at:   http://freepages.genealogy.rootsweb.com/~robertjpowell/admin/copyrite.html.
Other information, products, service, images, or other, are held by their respective copyrite holders.

19. GENERAL INFORMATION

The Terms constitute the entire agreement between you and Family Footprints and govern your use of the Service, superceding any prior agreements between you and Family Footprints .   You also may be subject to additional terms and conditions that may apply to you with Family Footprints and/or when you use affiliate services, third-party content, or third-party software.   The Terms and the relationship between you and Family Footprints shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.   You and Family Footprints agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Christian, State of Missouri, United States of America.   The failure of Family Footprints to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.   If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.   You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service and its Content or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.








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