MyHeritage.com is an online service that allows members to create profiles and community sites online in order to communicate with family and friends, and to research their heritage with advanced face recognition and search tools (the "Service"). The Service is owned and operated by MyHeritage Ltd. (hereafter 'we', 'our' or 'us'). 'You' or 'your' means an adult user, over age 13, of the Service. Any use of the Service and/or the MyHeritage.com Website (the "Website") is subject to compliance with the Terms and Conditions listed herein. Please read them carefully, because by using the Website you agree to be bound by them and to enter into an agreement with us based on such Terms and Conditions (the "Agreement"), whether or not you register as a member in MyHeritage.com ("Member").
If you do not agree with any provision in these Terms and Conditions, please do not use the Service and/or the Website. We reserve the right to modify any provision hereof from time to time, in our sole discretion, and such modification shall be effective immediately upon its posting on the Website. You agree to be bound to any changes to this Agreement if you continue to use the Service after any such modification is posted.
MyHeritage.com Celebrity Demo
The MyHeritage.com Celebrity Demo allows you to upload photographs to our free Face Recognition service, for the purpose of finding celebrity resemblances. Photographs submitted by you to our face recognition demo are not shared with any third party. They remain stored on MyHeritage.com where they may be viewed from your member profile page. You can choose to delete your photos, or keep them private so only you could access them.
If you wish to use our "Tell a Friend" feature to email your friends a link to a photo you have uploaded with celebrity resemblances, please be aware that the link to your photo will remain valid for two days at most, after which it will stop working to protect your privacy.
MyHeritage.com Family Sites
MyHeritage.com allows you, as a Member, to create and post content into MyHeritage.com family sites, and enables you to control and limit other people's access to such content. In view of the nature of the Service, please select carefully the information you wish to post on MyHeritage.com family sites and refrain from posting any illegal or unsuitable content. We will not edit or monitor user-provided content, but we reserve the right to remove any user provided content which comes to our attention and which, in our sole discretion, breaches this Agreement. By way of illustration, and without limitation, you shall refrain from posting the following:
- Photographs and other content which include nudity, violence and/or any offensive subject matter.
- Any content which may violate the privacy of other people, including all members in your family tree. Our Service allows you to define specific privacy settings regarding individual names, dates, email addresses and other personally identifying information. Please make use of these abilities and respect the privacy of others.
- Any information relating to minors, which identifies them, their personal details or their address and other means of communication with them.
- Any content which does not belong to you or which you do not have a right to use.
- Any content that impairs and/or infringes the property or other rights of others, including copyrights and trademarks. We are extremely sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, even if submitted to a site of which you are a Member, belongs to its creator or submitter and you should not reproduce it without permission of the owner.
- Any content which is obscene, indecent, defamatory, incites racial or ethnic hatred.
Any commercial use of MyHeritage.com family sites or any activity that requires any form of payment from Members and/or users of the family sites or any other area of MyHeritage.com is prohibited without our explicit prior written approval. Family site Site managers are not permitted to use the "invite members" or "send email" features of their family site in order to send commercial emails, "Spam" emails, unsolicited bulk mail or any other email which may harass its recipient.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any content posted by you and/or any family site, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Service at any time, for any or no reason, with or without prior notice, and without any liability, financial or otherwise. We also reserve the right, in our sole discretion, to reject, refuse to post or remove any family site at any time, for any or no reason, with or without prior notice, and without any liability, financial or otherwise, if we deem that the family site is in breach of this Agreement in any way.
MyHeritage.com family sites that are on the free Basic plan are considered inactive if any Member or the Site manager of the site has not visited them for a period of 30 consecutive days. We may remove such inactive family sites in order to conserve resources. Prior to removal of inactive sites we will attempt to notify the site's Site manager via email, and provide an additional grace period of 30 days, after which the site, if still inactive, may be removed. We shall not be held liable for loss of data on inactive sites that are removed.
Other Areas of the Website
As a Member, you are allowed to post content to other areas of MyHeritage.com, such as the Genealogy and Support message boards. You may also post comments on content submitted by other users. We reserve the right to remove any content or posting which we believe, in our sole discretion, is in breach of this Agreement in any way, with or without prior notice, and without any liability, financial or otherwise.
Copyrights
By posting content on the Website, you grant us a royalty-free, worldwide, perpetual and non-exclusive license to host, copy, post and distribute such content.
All content posted on the Website, except for user-submitted content, is owned by us or by third parties who granted us a limited license in respect of such content. Content posted on family sites is owned by the person who created the content, is under the control of the family site Site manager into which it is submitted, and is hosted by us under the terms and conditions of this Agreement.
MyHeritage.com is protected by copyright pursuant to U.S. and Israeli copyright laws, international conventions, and other applicable copyright laws.
You may not modify the application code powering our software and applications in any way. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking any and all applications offered by us, any downloadable components, or any part thereof.
Limited Use License
You are hereby granted a license to use the Service and its content solely for personal use, and subject to the terms and conditions of this Agreement (the "License"). The Service is not intended nor licensed for any commercial use. We reserve the right to cancel any or all of the Service at any time. Downloading any or all portions of any functionality of the Service, or any part of the public areas of the Service, is prohibited. Online or other republication of content in the public areas is prohibited. Violation of this License may result in the immediate termination of your membership and may result in legal action for injunction, damages and/or any other equitable relief. You may use the Service and any software provided by the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with such software that it is made available for offline use and a license for that use is provided in connection with that software.
Liability Disclaimer
The information, products, and services included within the Service and the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Service and the Website are provided to you "as is", and without any warranty of any kind, expressed or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title and non-infringement and satisfactory quality.
We and our third party suppliers make no representations concerning the suitability, reliability or accuracy of the content provided by the Website for any purpose. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
We may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions which are different from those found here. We make no warranty concerning 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 us.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.
You undertake to indemnify us, our employees and directors and any third party acting on our behalf for and against any claim, damage, lawsuit, loss of profit and expense (including legal fees) incurred as a result of your breach of this Agreement.
Additional Member Terms
1. Registration and Security
A. As part of the registration process, you will submit your email address, select a password and a Display Name. You must provide us with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name or email address of another person with the intent to impersonate that person; (ii) use the name or email address of any person other than yourself without authorization; or (iii) use a name, Display Name or email address that we, in our sole discretion, deem offensive.
B. You shall notify us by regular mail or by email at support@myheritage.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security. You will be responsible for maintaining the confidentiality of your password. We will not require you to reveal your password to any of our representatives.
C. You must be 13 years or older. Registering and logging in to the Website shall be deemed as confirmation that the person logging in is an adult.
D. You are responsible for all usage or activity on the Website via your password. Distribution of your password for access to the Website by others is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
E. We shall have the right to assign our rights under this Agreement to any third party.
2. Modifications to this Agreement and the Service
We retain the right, at our sole discretion, to modify this Agreement or the Service at any time. Changes in Service will be posted on the Website. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you should discontinue use of the Service. Continued use of the Service now or following changes in this Agreement means that you have accepted and are bound by the changes.
This Agreement is governed by the law of the State of Israel. Any legal proceeding in connection with the execution, performance and/or enforcement of this Agreement shall be brought to the courts located in Tel Aviv, Israel.
Official correspondence must be sent via postal mail to:
MyHeritage.com Customer Support
MyHeritage (UK) Ltd.
Cardiff House, Second Floor, Tilling Road, London NW2 1LJ, England
http://www.myheritage.com