Our Family Past™ is an online service for creating, sharing and preserving family history stories. Our Family Past allows you to read, contribute, write and manage family stories (Service) through the Our Family Past website (Website).
- General Conditions
Our Family Past allows the family historians in your family to create narrative stories about your family’s past based on research and memories. These stories are securely hosted on our Website and can be shared with family members and others.
Use of our Website and Service is for personal use only.
You must be at least 14 years of age to use our Website and Service, or if you are under 14 years of age, you must have the consent of a parent or guardian.
Use the name of another person without his or her permission;
Use the name of another person with the intent of impersonating that person; or
Use a name offensive to a reasonable person.
Any fraudulent, abusive or otherwise illegal activity may be grounds for the immediate termination of your Service at the sole discretion of Our Family Past. Conduct of this nature may be referred to the appropriate law enforcement agencies.
Users must create a username and password allowing them to access the Service. You will be limited in the way you use the Service in accordance with the permissions granted to you as published on the Website, and the level of subscription for the family story you are accessing.
Subscribers pay an annual subscription fee, as stated in US$ on the Our Family Past website.
As story managers, Subscribers have full access to the Service. This includes creating articles, and inviting other Users to join the Service or to view their uploaded material.
Our Family Past may change subscription prices at any time. This may alter the price you are charged for any renewal of the Service. Our Family Past shall provide notice of any price changes by posting on the Website, emailing you, or by other acceptable means.
Please note that subscriptions are continuous. This means that once you become subscriber to the Service, you accept that your current subscription will automatically be renewed and your debit/credit card charged based on the level of subscription chosen.
Your subscription will automatically renew on the anniversary of your subscription date for a further 12 month period at the same level of subscription as you then currently hold. You can upgrade your subscription level at any time by request, and the new anniversary of your subscription date will be the date of your request to upgrade.
Each renewal of your subscription will be at the price you were previously charged for that subscription unless otherwise stated or there is a change in the subscription price.
Should you wish to terminate your subscription, you must provide a request by email to Our Family Past (email@example.com) not less than 7 days before the anniversary of your subscription date.
- Terminating Users
Users may terminate their registration at any time.
Our Family Past retains the right, but does not have the obligation, to remove or delete the content and/or material in their sole discretion of any User whose access to the Service has been terminated or suspended either by Our Family Past, or by the individual themselves.
If you or Our Family Past terminate your Service, or Our Family Past suspends your access to the Service, no refunds will be payable for any amounts already paid by you to the fullest extent permitted under applicable law.
- User Obligations
You agree to comply with all laws applicable to you.
- User Content
Our Family Past accepts no responsibility for content created by you. You are responsible for all content on your own account. You agree that you will not create, upload or post any unlawful material, nor will you defame, harass, bully, threaten, intimidate or impersonate any person or entity.
You agree that you will only provide content and upload images, audio and video that belong to you, or if you have obtained all necessary permissions and consents.
You have the right to report material you deem offensive, defamatory, fraudulent or otherwise inappropriate to us. Our Family Past reserves the right, but has no obligation, to remove reported material from its Website at its sole and absolute discretion.
- Intellectual Property Rights
You acknowledge that your use of the Service or Website does not result in the transfer to you of any intellectual property rights subsisting in the Service or Website.
By submitting User content to the Website, you represent that you have the right to do so, and that you have obtained any third party consents where required. As such, you should not reproduce or upload any material without the permission of the owner and/or right holder.
Our Family Past gives an express warranty that:
- the Service will be reasonably fit for purpose;
- to the best of Our Family Past’s knowledge, the supply and use of the Service will not infringe the intellectual property rights of any third parties.
Other than as abovementioned, Our Family Past does not extend or express any warranties or representations as to the quality and/or accuracy of any User content on the Website or Service, and expressly disclaims and excludes any implied warranties, conditions and/or representations to the maximum extent permissible under applicable law.
The warranty granted does not apply to any loss resulting from causes beyond Our Family Past’s control, including your error, your content, your data error, power failure or power surges, failure or malfunction of your hardware or software, or computer viruses.
The sole remedy available to you for breach of warranty is limited to either (at Our Family Past’s option):
- refund of the Subscription Fee; or
- rectification of the Service, so that it complies with the warranty.
- Limitation of liability
Our Family Past does not give any other warranties in relation to the Service, or make any representations concerning the Service. Our Family Past excludes all implied warranties (other than warranties implied by statute) in relation to the Service.
All loss, damage, costs and expenses incurred by you arising out of or connection with the provision of the Services, or delay in or failure to provide the Services, shall be limited to a refund of the subscription fees; or rectification or resupply the Service, at Our Family Past’s option. This limitation of liability extends to:
- property damage (yours and the property of third parties); and
- your liability to third parties;
but specifically excludes loss or damage incurred as a result of your failure to use the Services properly.
This clause does not apply in circumstances where its inclusion would breach any applicable legislation.
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