Please review the following terms of service ("Terms"), which define your rights, responsibilities and benefits as a user of the websites at www.FindAGrave.com, findagrave.org, findagrave.net, cemeteryrecords.com, cemeteryrecordsonline.com and remembermyfamily.com and any other website or mobile application (collectively "Websites") that directly links to these Terms and is operated by Find A Grave, Inc., Delaware file number: 3168328, located at 1300 W Traverse Pkwy, Lehi, UT 84043, United States ("Find A Grave", "us", "our", or "we"). Find A Grave's email address for contact purposes is email@example.com.
These Terms shall govern the relationship between you ("you") and Find A Grave. By accessing or using the Websites or the services that we provide via the Websites ("Service"), you are concluding a legally binding agreement with us, based on these Terms, including all terms, conditions and policies incorporated herein by reference. 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 Service or the Websites.
These Terms apply to users visiting or registering on or after September 26, 2016. For existing members, these Terms will become effective on October 26, 2016. For the previous version of the Terms of Service, please click here.
1. DESCRIPTION OF THE SERVICE
Find A Grave helps users find, record and present final disposition information from around the world through a virtual cemetery experience, together with such other developments and services Find A Grave may add from time to time. Find A Grave is part of the Ancestry Community, a collaborative resource in which users of the Websites and other websites and platforms owned or operated by Find A Grave, its parent company Ancestry.com Operations Inc. ("Ancestry") and their group of affiliated companies (including Ancestry, the "Group Companies"), including ancestry.com, ancestry.com.au, archives.com, and ancestry.ca, participate. Please be aware that some sites may have some additional specific policies or different functionality and you should read and / or understand these before using the relevant services.
Users of the Websites and the Service may be unregistered visitors or registered members. When a minor uses the Websites, the parent or guardian of that minor will be held responsible for the minor's actions. You must be 18 or, if you are between the ages of 13 and 18, have the authorization of your parent or guardian to create an account. If you are under the age of 18, make sure you review these Terms and our Privacy Statement with your parent or guardian so that you both understand all of your rights and responsibilities. Minors younger than 13 years of age may not use the Websites or the Service.
2. LIMITED USE LICENSE
You may access the Websites only personally with an individual browser or mobile device (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 Websites ("Content") only for personal research or scholarly historical 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 from the Websites or any, resale, redistribution or publication of a work or database or portion thereof are prohibited, except for online or other republication of Content as unique data elements that are part of a unique family history or genealogy. All uses of the Websites and Services as described herein are only for your internal purposes, and not for commercial resale, sublicensing, timesharing or service bureau usage. In addition, you may not "deep link" or frame, inline link or mirror any part of the Websites without our written permission. You also may not interfere with, copy, modify, distribute, reverse engineer, decompile or disassemble the Websites or Service, or make any derivative works based on the Websites, Service or Content (including any customization, translation, or localization). 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. Find A Grave 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. This limited license is non-exclusive, not transferable, revocable at all times, royalty-free, global, and limited to the term, purpose and content of these Terms. The Websites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
3. USER PROVIDED CONTENT
Portions of the Service and Content on the Websites are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. User Provided Content includes, but is not limited to, any photos you upload, information you add to a memorial, comments you post, and any suggestions or feedback you send to us. For User Provided Content, we are merely hosting and providing access, and you agree and acknowledge that we have no liability whatsoever with regard to such material (including with respect to its accuracy). The contributions of third parties do not necessarily represent the views or opinions of Find A Grave or any Group Companies.
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 organizations. Users can be held liable for any illegal or prohibited User Provided Content they provide, including among other things, infringing, defamatory or offensive materials. By submitting material to the Websites, 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 Privacy Statement, as amended from time to time, you grant Find A Grave and its Group Companies a perpetual, non-exclusive, transferable, sublicensable, royalty-free, world-wide 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 or other services as Find A Grave or the Group Companies deem appropriate.
We are sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, contact us at firstname.lastname@example.org. While we cannot preview or monitor all User Provided Content, we may, at our discretion, apply automated filtering tools, or otherwise monitor and/or delete any content that we believe to be in violation of these Terms (for example, we may use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, 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, pornographic, illegal 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.
You acknowledge and agree that we may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if we believe 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 Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Websites, the users of the Websites, or the public.
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 on the Websites or through the Service. In addition, you must abide by the Find A Grave Community Rules any time you access the Websites or communicate with other users or Find A Grave representatives. We reserve the right to change these rules from time to time and the changes take effect when we post them on the Websites.
5. LIABILITY DISCLAIMER
No Warranty. We do not extend any express warranties or representations as to the quality and accuracy of the Content, Websites or Service, and we disclaim any implied warranties or representations to the maximum amount permissible under applicable law. Without limiting the generality of the foregoing, we offer the Websites and Service on an "as is" basis and (i) we do not accept responsibility for any use of or reliance on the Websites, 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 Websites, Content or Service. Furthermore, Find A Grave does not guarantee the adequacy of the Service or Websites or compatibility thereof to your computer equipment and environment. Find A Grave does not warrant that the Websites, the Service, its servers, or any emails which may be sent from Find A Grave 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) amounts received from you in the 12 month period preceding the incident on which your claim is based.
Disclaimer of Third Party Products and Services. Find A Grave may, from time to time, provide opportunities to users of the Service and the Websites to link to or buy services from third parties. Websites of those third parties may be subject to terms and conditions different from these Terms, and it is your responsibility to ensure that you have read and understood them. Find A Grave 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 Find A Grave.
Exclusive Remedy. If you are dissatisfied with any portion of the Service or the Websites, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Service and Websites.
If we believe, in our sole discretion, that you are acting inconsistently with the letter or spirit of these Terms, including the Community Rules, or if we are required to do so by law, we may limit, suspend or terminate your access to the Websites and Service at any time and without the need of obtaining a judicial resolution in this regard. We also reserve the right to suspend or terminate your access to the Websites for any reason. If your account is terminated for any reason, you will no longer be able to access information under your account.
7. ADDITIONAL USER TERMS
Registration and Security. To gain access to certain parts of the Websites or the Service it will be necessary to create a registered member account by providing your name, e-mail address and a password. You will also be asked to provide a "Public" or "Screen" name which will be used to identify you to other users on the Websites (you do not need to use your real name). You must provide Find A Grave 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.
You must immediately notify us by regular mail or by email at email@example.com 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 Find A Grave.
You are responsible for all usage or activity on the Websites via your registered member account. Distribution of your password to others for access to the Websites 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.
Paid-for Services, Goods, etc. From time to time, we may offer users additional goods, services, or other benefits, such as the ability to "sponsor" a memorial, for purchase on or through the Websites. Find A Grave may make these offers at its sole discretion and they may not be available for all devices, locations or languages. The details of such offers will be included on the Websites where and when such offers are made.
8. COMMUNICATIONS BETWEEN FIND A GRAVE AND YOU
Find A Grave and the Group Companies may contact you (via the Websites, electronic mail, physical mail, or otherwise) for the purpose of informing you of changes or additions to the Websites or Service, or of any related products and services. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication. Please see our Privacy Statement for further information on how we manage and process your personal information.
9. MODIFICATIONS TO THESE TERMS, THE WEBSITES AND THE SERVICE
Find A Grave may modify these Terms (including any of the terms incorporated by reference herein), the Websites, 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 on the Websites or you may be notified, at our discretion, by email, postal mail or otherwise. If you do not accept these Terms or do not wish to be bound by changes following posted notices you should discontinue using the Service and the Websites.
Assignment. We reserve the right to assign or transfer our rights and obligations under these Terms. These Terms are personal to you and, as a result, you may not, without the written consent of Find A Grave, assign or transfer any of your rights and obligations under these Terms.
Governing Law. These Terms and any disputes arising out of or relating to these Terms, the Content, the Service, or the Websites (including contract, tort, statutory and other claims) shall, to the extent permitted by the applicable law, be governed by and construed in accordance with 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. Your mandatory, statutory consumer rights, including your court jurisdiction, shall be unaffected.
Severability. 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 any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. 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.
Indemnity. In as far as permissible under applicable law, 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 Websites, the Service, or the Content.
Complete Agreement. 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 Find A Grave.
11. CONTACT US
Official correspondence must be sent via postal mail to:
Find A Grave, Inc.
Attn: Legal Department
1300 W Traverse Pkwy
Lehi, UT 84043, United States