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GeneaNet : Help : TOS (Terms of Service) |
Friday May 9, 2008  |
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TOS (Terms of Service)
1/ Preamble The GeneaNet website accessible at www.geneanet.org, hereafter "the website", is edited by the firm GeneaNet SA, whose Head Office is 44 rue Liancourt 75014 Paris (France). GeneaNet provides his users a large choice of online services relative to genealogy and history of families among which, notably, a database of genealogical indexes, possibility to house his family tree on the site and share it with visitors, discussion forums, online shop, etc. (This is hereafter called "the Service"). GeneaNet provides the user its Service with the reserve that the user will respect the present Terms of Service (hereafter called "TOS"). These TOS can be accessed from the subscription form to GeneaNet but also directly on the site, section "Terms of Service" on the home page of the site. The user signs electronically his agreement to the TOS by clicking on the button "OK" and checked the box opposite the sentence "I accept without reserve all Terms of Service of the GeneaNet website". This electronic signature stands without reserve for the present general utilisation conditions of the forum. By clicking on the button "OK", the contract governing relations between GeneaNet and the user is determined. Except express disposition to the contrary, any new service or modification of service in place and produced by GeneaNet is subject to the present TOS. [Back to Summary] 2/ Definitions Records on line : service offered by GeneaNet as defined in paragraph 6 Member : A Member is a Visitor who has subscribed free of charge on the website, and has therefore access to certain services amongst which the GeneaNet Account. Privilege Member : A Privilege Member is a Member who subscribed to the Privilege Club by completing the related form and paid an annual lump sum amount. Privilege Club gives access to several advantages such as easy search, dedicated forum and special offers. GeneaNet Account : The GeneaNet Account is a space in the website dedicated to Memebers and Privilege Members, each member governing himself his GeneaNet Account. It contains all Member personal information put on line. User's contents : User's contents contains various areas where the User can leave messages, give his advise. User : The User of the Site is anyone using the Site and/or any of the proposed services on the Site. There are several sorts of Users : simple Visitors, Members and Privilige Members. Visitor : Visitor is the User who has access to the Site freely. [Back to Summary] 3/ Presentation of the service Service includes the following : genealogical index database, discussion Forum, webshop, personal pages, Privilege Club, hypertext links, communication support(News letter, Flash…). [Back to Summary] 4/ Use of the website 4.1/ Acces to the Site Anyone connected to the internet can access the website and navigate free of charge. However, some services are accessible to Members only (article 4.2-d hereafter). Other services are accessible to Privilege Club Members only (article 5 hereafter). 4.2/ Subscription to the Service a) Subsciption rules A visitor becomes a member after he has duly and honestly filled in the subscription form, agreed to the utilisation conditions of the website and received by email from Geneanet confirmation of his subscription. Subscription is open to everybody and to non-profit genealogical clubs. Are expressively excluded all industrial, commercial, craftsmanship or liberal businesses, French or foreign. Information given by members to the website are exclusively for non-commercial use except written agreement from GeneaNet. Non-respect of this particular disposition will lead to immediate suppression without notice of the account involved; moreover, GeneaNet reserves the possibility to take legal action against such account if need be. GeneaNet subscription form requires a minimum of necessary informations to be given by the subscriber. This information will identify with certainty the visitor with his surname, first name, postal address and electronic address. GeneaNet keeps the IP address of the computer from which the subscription to GeneaNet is made. Visitor wishing to become a membermust see that his electronic address is accessible to messages sent to him by GeneaNet without the latter having to go through an address validation system or any other anti-spam system. If the visitor has an anti spam system, he will have to configure that system so that messages from GeneaNet (text or HTML mode) are received. In any case, GeneaNet will respond to manual validation requests sent by any emailing protection system. If some of the mandatory information are missing or deemed voluntarily erroneous (false identity, wrong address etc.), GeneaNet will suppress the corresponding account. Subscription to the Service allows members to have their own space on the website to be managed by them. This space is hereafter called "Account GeneaNet". The GeneaNet account has the member's personal identification data (Section "My profile" on the site) and his genealogical information (index and online family tree) and his preferences for using the website. At the time of his subscription, each GeneaNet user chose his login and password. This login is unique to the member. It will be requested sytematically when the user exchanges with the website for identification purposes and give him a personalised answer. The user will pick his login in conformity with the French law and more particularly legislation relative to respect of public order and morality. The user will choose his password. This password is personal and confidential. The user is solely responsible for the utilisation of his password. The user commits to keep his password secret and not to disclose it in way. In case of loss or forgetfulness of either password or login, member must fill in the appropriate form which he will find on the home page of the website (login and/or password forgotten ? Click here !) where he will indicate his electronic address in order to receive his connection parameters by email from GeneaNet. In addition, certain functions being accessible to members only, or Privilege members, member is invited to identify himself with his connection parameters(login and password) in order to receive these functions. c) Duration of the subscription The User subscription is for an unlimited period of time, with no prejudice to either parties of the faculty to cancel unilaterally at any time the present contractual relations, without notice or justification, nor indemnity. In particular, should the User violate the dispositions of the present agreement, GeneaNet reserves the right to cancel the corresponding GeneaNet Account without notice. d) The GeneaNet Account Subscription to the Service allows the Member to have his own space on the Site which he will manage himself. This space is called "GeneaNet Account". The User may open as many GeneaNet Accounts as he wishes, providing that he subscribes to an equal number of subscriptions, one login and one password will be allocated for each account. The GeneaNet Account includes all personal identification data of the Member (Section "My profile" on the Site) as well as his genealogical information (index and online family tree) and his preference for using the Site. These personal data put online by Members are for a non-commercial use exclusively, except agreement beforehand by GeneaNet. Non respect of this disposition will launch immediate cancellation without notice of the Account, GeneaNet reserves the possibility to institute proceedings against the User. [Back to Summary] 5/ Personal data All users subscribing and paying an annual fee of 40 euros may become Privilege Members and benefit from, among others, the following services:
Users subscribing to the Privilege Club guarantee their full legal capacity to subscribe and to pay for the annual fee. The annual subscription irrevocably commits the Privilege Member for a period of one year, from the date his subscription is agreed by GeneaNet, the amount of which remains GeneaNet property in all cases, notably in the case where Privilege Member does not use the services of the Privilege Club. On the other hand, should the Privilege Member be deprived of access to services of the Privilege Club because of GeneaNet or because of force majeure, he could either ask for the cancellation of his subscription and refund pro rata for the remaining unused period, or prorogation of same for a duration equal to the inaccessibility. At the end of the subscription, GeneaNet will invite the Member to renew by means of email reminders in order to remind him of the due date. In case of renewal, the Privilege Member will be asked by GeneaNet to pay the annual fee. If payment does not occur within thirty (30) days his account automatically reverts to simple Member again (and no longer Privilege Member). Payment can be made online by credit card Visa or MasterCard, or by faxing his banking data, or by bank transfer. The amount of the Privilege Club subscription may be revised each year, notably because of the expansion of the services included in the subscription. Membership is restricted to physical persons only. Access to GeneaNet's Privilege Club is personal and individual. Members pledge not to share membership access information with third parties (with the exception of fellow family members under one roof). Violation of this rule could result in cancellation without compensation for unused time. [Back to Summary] 6/ Records GeneaNet website now offers a new feature called "Records on line". Records on line gives genealogists the possibility to share their personal archive funds as JPEG format images which will be housed and indexed on GeneaNet website. Records on line also allows GeneaNet members who have their family tree housed on this same website to link those files to individuals in their tree. "Archives funds" mean any document digitalized or photographed representing parochial, civil,notary, military records, etc. of which each member has the copy rights. Setting those documents on line is made under the entire and sole responsibility of the GeneaNet member. Any file put on line that will not conform to the legislation in force (in particuliar about divulgation time of public archives or regarding private life) will be removed automatically by GeneaNet as soon as GeneaNet knows about this violation. Files put on line on Records on line can be viewed by the members free of charge. The user who sends a file on this new service Records on line gives GeneaNet (and consequently members), for unlimited period of time, a right of reproduction and usage of this file. [Back to Summary] 7/ Online Records GeneaNet is featuring "Online Registers". "Online Registers" allow genealogists to share their own archives (JPG file format). The uploaded records must be from the same place or the same record. Uploaded documents must be copyright free! GeneaNet reserve the right to remove any copyrighted document. Submitter can choose the access rights to his documents: every GeneaNet user, other sumbmitters only, transcribers only, Club Privilege members. Submitter is granting to GeneaNet (and all members) permission to use the documents at any time. [Back to Summary] 8/ Transcriptions GeneaNet is featuring "Civil Estate Records". "Online Transcriptions" allow genealogists to share their record transcriptions. Uploaded documents must be copyright free! GeneaNet reserve the right to remove any copyrighted document. Submitter can choose the access rights to his documents: every GeneaNet user, other sumbmitters only, transcribers only, Club Privilege members. Submitter is granting to GeneaNet (and all members) permission to use the documents at any time. [Back to Summary] 9/ Personal data 9.1/ Law regarding EDP, files and liberties The user agrees to respect the image and reputation of GeneaNet and not to make whatever declarations and/or actions against GeneaNet. As a general rule, the user agrees not to use any action against the good functioning of the website. At the time of subscription, collecting personal data linked to the user will allow GeneaNet to have a personalised mode of managing its users, thus offering them the possibility to aim the needs of each user. Users recognise and fully agree that GeneaNet will keep these completed forms and collected information into a file. GeneaNet engages itself to make every effort to put in place technical and organisational measures in order to protect personal data. These data will be kept strictly confidential except user's specific authorisation or in very particuliar circumstances notably when they are needed for identification, prosecution of anyone capable of prejudice against GeneaNet or against anyone else; this means when GeneaNet will be forced legally to do it. The user declares his full knowledge of characteristics and constraints of the Internet. Notably, he reckons that his data transmitted via the Internet cannot be safe 100 percent. GeneaNet will not be hold responsible for incidents that may arise from this transmittal. Therefore the user gives them under his sole and full responsibility. We can only assure that GeneaNet uses all means at its disposal to guarantee a maximum of security. As a general rule, it is recommended that users be very prudent with their personal data ; to be used as you think fit, we remind you that you remain sole responsible of their communication. By application of law N° 78-17 dated 6 January 1978 regarding electronic data processing, files and liberties, each member has opposition rights (article 26 of the law), access rights (articles 34 to 38 of the law) and amendment (article 36 of the law) for his personal data. Thus, he may demand that his personal inaccurate data be amended, completed, clarified, updated or cancelled if found inaccurate, incomplete, equivocal, outdated or collection, or utilisation, communication or conservation of which is forbidden. By application of said law, it is reminded that all constitution of files on personal data is subject to authorisation or declaration to Commission Nationale de l'Informatique et des Libertés (National Commission on Data Processing and Liberties). This declaration has been made by GeneaNet on 26 May 2000 under number 695885. These dispositions have two levels: - regarding members' personal data: At all times, each member may exercise his rights above mentioned and modify himself the contents of his personal data form, which can be accessed from the pages "My Profile" of his panel board in his GeneaNet account. At closing time of this contract, for evidence purposes, certain of his personal data may be preserved confidentially, for archive and possible statistic purposes, in conformity with the declaration of this file to the CNIL, for a duration fixed by GeneaNet and for a maximum of duration of prescription of all civil actions as per article 2262 of the Common Law. - regarding genealogical data put on the website: Information in the online family trees housed on GeneaNet being supplied by the members, GeneaNet cannot guarantee their quality or veracity. However, each member may directly and at any time, and within the offered service, modify or delete on line all or part of data he has himself supplied. Moreover, visitors and GeneaNet members are invited to ask GeneaNet/or preferably the member owner of the data involved, by electronic mail for the amendment of inaccurate information. The member engages himself to respect perfectly the dispositions of this law, and in particular answer quickly all modification request and to amend the personal data involved if necessary and as soon as possible,in the genealogical data he has put on the website or of which he is responsible. If a member refuses to modify or delete personal information relating to a third party whose request is argued and evidenced, GeneaNet reserves the right to suppress purely and simply that member's account. 9.2/ Update of personal data The member recognizes that he has all the necessary tools for: - updating his own information, and in particular his postal and electronic addresses, - modifying his subscriptions to various GeneaNet communication supports (newsletters, alerts, flash, etc.), - suppressing all or part of his account . Therefore, GeneaNet will not respond to mail (postal, fax or electronic) from a member asking for modification or suppression of information that he can update himself. By the same token, a member engages himself to modify his personal data if needed in order to remain identifiable and reachable by GeneaNet and by the site visitors. [Back to Summary] 10/ Cookies In order to facilitate subscription procedure and subsequent usage of the website, let GeneaNet offer personalised services and improve performance of the website contents, and for statistic purposes, the user is informed that one or several cookies might be placed on his hard disk. The user is informed that he may refuse it by following the procedure indicated on his browser. However, in this case, use of the website may be altered, or impossible. [Back to Summary] 11/ Conditions of usage Visitors forego to use the Service for commercial purposes and as a general rule to offer products and services with direct or indirect remuneration. The user engages himself not to lead visitors directly (hypertext link) indirectly to other Internet websites which would not conform to legislation applicable and to the present rule, except with express and written agreement from GeneaNet. The user foregoes to "resell" or to give the Service to third parties and/or other users, free of charge or not. All commercial, promotional or sponsoring messages, rewarding the user in whatever form, are prohibited within the Service, except beforehand written agreement from GeneaNet. In the absence of such agreement, GeneaNet solely has the right to insert commercial messages in all pages of its website At any time, GeneaNet may decide to put en end to one or to all the services provided in this frame; a fortiori, all necessary modifications will be made with no notice and without the user having appeal towards GeneaNet. [Back to Summary] 12/ User's responsibility In order to allow a smooth technical working of the Service, some technical constraints must be observed by the users (in particular, see section "Cookies").. Some sections allow the user to give his opinion, leave a message (Hereafter called "Contents User"). These critics in those sections engage their author only and in no circumstances represent an official opinion or advice from GeneaNet. By sending User Contents to one of the sections of the website, the user yields free of charge to GeneaNet all relative intellectual ownership rights and notably reproduction, representation, adaptation rights, on all supports and formats known and unknown to this day, for the whole world and for the legal duration for protection of copyrights. Within this frame, the user engages himself to use the sections only for sending messages and information which are relative to each section. Thus, when the user engages himself not to (the following list is not limitative): defame, abuse, harass or threat anyone, nor violate others' rights, for example personal rights, private life rights, human dignity rights, intellectual ownership rights, copyrights, ... and as a general rule people and goods rights. Within the utilisation of discussion forums , "advices to post messages" are dispayed at the top of each forum. They must be read before posting a message on the forum. The user is solely responsible for his wordings in the User Contents and by the same token guarantees GeneaNet against all appeal and/or actions that anyone could take and this because of his advice being broadcasted on the website. The user will assume all charges and payments relative to said persons whatever the cause or the reason which would be due or claimed. GeneaNet reserves the discretionairy possibility to publish User Contents on its website, to give it up to a third party, to modify it, to adapt it or translate it in any language, to keep it online or to suppress it any time without having to inform the user beforehand. [Back to Summary] 13/ GeneaNet's responsibility 13.1/ Hypertext links The website offers hypertext links for access to other websites edited and managed by third parties, notably from search results in the GeneaNet database. GeneaNet will not be responsible directly or indirectly in the case those outside websites would not respect the French or European legal dispositions in force, as well as consequences thereof. 13.2/ Internet characteristics The User declares that he knows and accepts the characteristics and the limitations of the internet, notably regarding technical performance, time for feedback, answer or transfer of information, risks for interruption and more generally, risks pertinent to connection and transmission on internet, absence of protection for certain data against possible misappropriations and risks of contamination by viruses on the web. As a consequence, under no circumstances GeneaNet would be hold responsible for any harm linked directly or indirectly to any of these characteristics and/or limitations. Connection to the Site by the User, and use of all or part of services offered on the Site is made under the full responsibility of the User. The User must take all necessary measures in order to protect his data and/or software programs stored on his hardware equipment against all reach. 13.3/ Acces to the Site / Update of the Site While GeneaNet makes every possible effort to make its service accessible 24/7, we cannot absolutely guarantee that it will be so, and therefore cannot be held responsible for service interruptions or other failures to succeed in this our goal, therefore we must warn users that GeneaNet may need to interrupt this access for any reason, notably for technical difficulties. GeneaNet cannot in any way be held responsible for these interruptions, nor for any subsequent consequences to the user or any third party that may ensue as a result. Please also be aware that GeneaNet may terminate or modify these services at any time without notice. In addition, the user declares and affirms that he or she understands the characteristics and constraints of the Internet, notably that transmissions of data and information via the Internet have only a relative technical reliability since they travel on heterogeneous networks with varying characteristics and technical capacities which may be prone to interruptions or delays in accessibility at certain times. The user accepts that neither GeneaNet nor its providers are in any way responsible for material and/or immaterial damages whether direct or indirect from the use of or the impossibility of use of the Service. GeneaNet will not be held in any way responsible for (and this list is not exhausive): -contents of the services consulted (and as a general rule all information and/or data broadcast on the services consulted), - the proper functioning of downloaded software programs, - the transmission of data and/or information over the Internet, - any profit losses, interruption of activity, loss of data or other pecuniary losses. Additionally, any and all downloaded material obtained in whatever form when using GeneaNet website and more generally the Service, is at the user's risk and peril and GeneaNet will not be held responsible for damages or loss of data on the user's computer. The user must take all appropriate measures to ensure the protection his own data and/or software programs from contamination by viruses on the Internet. In case of prosecution of the user and/or its agents, GeneaNet is not to be held responsible for the user's use or misuse of the Service. The user is responsible towards GeneaNet and/or third parties for all material and/or immaterial prejudice whether direct or indirect caused by the user and/or its agents when using the Service. In particular, GeneaNet's responsibility may not be engaged in case of total or partial piracy of the website and for damages that this piracy may cause the user or a third party. The website features some offerings from advertisers and contains information supplied by the latter regarding their products and services. It also contains advice and information which may be incorrect, contain omissions, gaps, and/or outdated information. GeneaNet cannot take any responsibility for these items and does not guarantee their accuracy nor their comprehensiveness. This information does not commit GeneaNet to responsibility regarding the real or purported quality of products or services presented on the website. GeneaNet categorically denies responsibility in all cases of the use of the Service not in conformity with the present contract. [Back to Summary] 14/ Intellectual ownership and copyrights GeneaNet is the exclusive owner of all rights of intellectual ownership as much for the structure as for the contents of the website, or has fairly acquired the rights allowing exploitation of the structure and contents of the website,with no limitation. GeneaNet grants the user the right to use the website and the service for his needs, excluding all lucrative utilisation. Under reserves granted above, it is notably forbidden to copy, reproduce, represent, modify and/or exploit, in whatever form or for any purpose, all or part of the structure and the contents of the Service and the website. Any download, as much as it is not clearly permitted, is strictly prohibited; any irregular download which would be ascertained could make GeneaNet and/or any third party involved take appropriate sanctions, notably in case of violation of rights of intellectual ownership. [Back to Summary] 15/ Modification of the website and present conditions of use In order to better serve the Users, GeneaNet reserves the possibility to modify unilaterally and without notice the different services offered on the Site as well as the present Conditions of Usage. Also, GeneaNet reserves the right to cancel certain services, even cancel the Site itself. The User will not be in a position to put a claim on this subject. Modifications thus made will be applicable immediately, once the new dispositions are available on the Site. All registered users will be advised by email or any other means about the modifications of the Site and/or Conditions of Usage and will be asked to accept the terms of the new Conditions of Usage. If the User does not agree the modifications, he will have to indicate to GeneaNet his refusal by any means, notably by email. Consequently, he will not use the Site inasmuch as he does not accept these modifications and, in that case, GeneaNet reserves the right to prevent his access to the related services. If despite his refusal, the User continues to use the modified services, these modifications will be fully opposable. [Back to Summary] 16/ "Force Majeure" None of the two parties may be held responsible towards each other for non execution or delay in execution of one obligation of this contract which would be caused by the other party following generation of a "Force Majeure" case as usually recognised by French jurisprudence. A case of "Force Majeure" suspends obligations generated by this contract for its whole duration. However, in case of a "Force Majeure" exceeding thirty consecutive days, either party will have right to immediate and entire cancellation fifteen days after a letter with proof of receipt will have been is sent notifying such cancellation. [Back to Summary] 17/ Various If one or several stipulations of the present convention are invalid or due to application of the law, a rule or because of a final decision of a competent juridiction, other stipulations will keep their force and disposition. Parties therefore agree to replace the faulty clause by another clause which will be closer to the initial clause as far as its contents is concerned, in order to maintain a fair balance of the contract. Present Terms of Service are the sole and unique contract between parties. Notably, They cancel and replace any other previous agreement. This contract is governed by French Law. Any legal dispute relative to its validity, interpretation or execution and after failure of conciliation, will be submitted to competent court of justice. Parties agree that GeneaNet without need of sanction may modify its services or terms of the present charter, according to technical and commercial evolution of the service. GeneaNet will inform registered users of modifications of the charter. These modifications can be found on www.geneaNet.org and the registered user is required to go and see it, as he expressly accepts. In case of legal dispute, Paris, France courts of justice are solely competent. [Back to Summary] Terms of Use Last Reviewed September 11, 2007
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