Fold3 Terms and Conditions

Revision as of May 30, 2014

Welcome to the Ancestry family of websites, the world's largest network of online resources for family history. Each day, users of the Ancestry family of websites utilize our research tools and historical records to discover, research, and share their discoveries with other users worldwide.

Below are our detailed terms and conditions that you must read and accept before using Ancestry.com, Fold3.com, or Newspapers.com (hereafter, the "Websites") and the extensive databases of records and other services provided by the Websites (hereafter, the 'services").

These Terms and Conditions apply to users visiting or registering on the Websites on or after May 30, 2014. For existing Members, these Terms and Conditions will become effective on June 30, 2014.

  1. Overview — This Agreement defines your rights and responsibilities as a User of the Websites.
  2. Your Use of the Websites — All Content is owned, licensed to and/or copyrighted by Ancestry and may be used only in accordance with these Terms and Conditions.
  3. User Provided Content — Portions of the Websites allow you and other users to contribute material to be displayed on the Websites or shared with other users.
  4. Subscription Terms, Fees and Payments — Users of the Websites may be unregistered visitors, registered guests, paying subscribers or users that pay per time they view a record.
  5. Communications Between Ancestry and You — We may contact you for the purpose of informing you of changes or additions to the Websites or Services, or of any related products and services.
  6. Modifications to this Agreement — Ancestry has the right, at its sole discretion, to modify this Agreement at any time.
  7. Liability Disclaimer —We make no express warranties or representations as to the quality and accuracy of the Content, Websites or Services, and we disclaim any implied warranties and representations.
  8. Disputes — If a dispute arises between you and Ancestry, our goal is to provide you a neutral and cost effective means of resolving the dispute.
  9. Miscellaneous
  10. Contact Us

  1. Overview

    BY ACCESSING THE WEBSITES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (the "Terms and Conditions" or "Agreement"). You are legally bound by this Agreement, which is between you and Ancestry.com Operations Inc. The Agreement defines your rights and responsibilities as a user ("User") of the Websites, which are operated by Ancestry.com Operations Inc. or its subsidiaries (together, and with their parent corporations, other subsidiaries and affiliates, "Ancestry," "we," or "us"). The Websites are operated in the United States of America. Access to the Websites is governed by these Terms and Conditions under the laws of the State of Utah and the United States. Registration as a User on the any of the Websites results in your information being stored and processed in the United States, and you specifically consent to Ancestry's storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. Users of the Websites can communicate with other Users in order to collaborate and exchange historical information and/or images (together with the Users of the Websites and other websites and platforms owned by Ancestry or its affiliate companies, including, but not limited to, ancestry.com, ancestry.com.au, ancestry.ca, the "Ancestry Community").

    The Websites and Services provided herein are intended for adults. When a minor uses the Websites, the parent or guardian of that minor will be held responsible for the minor's actions.

    These Terms and Conditions, together with the Privacy Statement and any other legal notices or terms published by Ancestry on any of the Websites that you use, shall constitute the entire agreement between you and Ancestry concerning the Websites.If you don't agree with any of these terms, you must not use the Websites.

  2. Your Use of the Websites

    The Websites contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the "Content"). Except for Web Search records, which are governed by the third parties that host the records, all Content is owned, licensed to and/or copyrighted by Ancestry and may be used only in accordance with this Agreement. Each Website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, services marks and logos contained in the Websites are owned by or licensed to Ancestry. Ancestry and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Websites. The licenses granted by Ancestry terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.

    You may access the Websites and use the Content only for personal research, and download Content only as search results relevant to that research. Notwithstanding the previous sentence, professional researchers, professional historians and others conducting scholarly research may use the Website within the scope of their professional work. All Content on the Websites, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Websites. We attempt to ensure that all Content on the Websites is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Websites is complete, accurate, reliable or error-free.

    The Content may be downloaded onto your computer or device through the use of authorized Ancestry software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Websites only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or Services or the Content therein.

    Ancestry does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Websites contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit Ancestry as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Websites, you agree to obtain prior written permission from us.

    By using any of the Websites, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the Websites. In addition, the following policies are part of this Agreement and must be followed anytime you access the Websites:

    Ancestry reserves the right to change these policies from time to time and the changes take effect when we post them on the Websites.

  3. User Provided Content

    Portions of the Websites allow you and other Users to contribute material to be displayed on the Websites or shared with other Users ("User Provided Content"). For User Provided Content, Ancestry is merely hosting and providing access as well as providing tools to post and share content. We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Ancestry believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here.

    The decision to upload information to or share information on the Websites is your responsibility and you should only submit or share content that belongs to you and that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting content to any of the Websites, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). If you submit material to any of the Websites on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon our request you agree to furnish Ancestry with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

    By submitting User Provided Content on any of the Websites, you grant Ancestry a perpetual, royalty-free, world-wide, transferable license to publish, display, host, sublicense, distribute, and otherwise use your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Ancestry from any and all claims, liens, demands, actions or suits in connection with the User Provided Content you submit, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Websites or the Services. Ancestry may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Ancestry a license to the User Provided Content as described above and Ancestry will own the digital version of documents created by Ancestry as well as any indexed information that Ancestry creates. Except for the rights granted in this Agreement, Ancestry acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit on the Websites.

    You acknowledge and agree that Ancestry may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Ancestry believes 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 Agreement; (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, or the public.

  4. Subscription Terms, Fees and Payments

    Users of the Websites may be unregistered visitors, registered guests, paying subscribers or Users that pay per time they view a record. The different payment options and services offered for the different levels will be published on the relevant Website or at the time a subscription or other service is offered or renewed. Any terms and conditions applying to such subscriptions or other services are incorporated into this Agreement.

    Terms for Subscriptions. You must be 18 years or older to use or subscribe to any of the Websites. You must provide Ancestry with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will be assigned a username and you will select a password. 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 any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on Ancestry via your account, and you must keep your account password secure. Distribution of your password to others for access to Ancestry is expressly prohibited. You will never be required to reveal your password to any representative or agent of Ancestry, its owners or agents. You must immediately notify us by the contact information below, 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 billing information.

    All subscriptions are automatically renewing with the exception of gift subscriptions and pay-per view (where applicable). This means that once you sign up for a free trial or become a subscribing member, your subscription will be automatically renewed and your billing method will be charged based on the subscription program (semiannually, quarterly, monthly, etc.) you have chosen unless you opt out or cancel by following the instructions in this Agreement. Billing charges will be processed immediately when your order is taken or when your subscription is automatically renewed. In the case of subscriptions longer than one month, you will be notified via e-mail before your subscription ends and asked to correct any information which has changed and reminded of the opportunity to "opt out" of your renewal. The renewal of the subscription takes place subject to the terms and conditions in force on the date of renewal. When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.

    Opting Out of Renewal.You may opt out of renewing your subscription by phone or email via the contact information below or logging into your Account page on the Website(s) you have subscribed to at least two business days before the renewal date and following the cancellation instructions there. If you do not let us know that you want to terminate your subscription at least two business days prior to the end of the current subscription period, the payment for the renewal period of the subscription will be processed.

    Cancellations and Refunds. You may cancel a free trial at any time during the free trial period and incur no charge. Any subscription that is billed monthly, including monthly subscriptions and Semi-Annual Billed Monthly subscriptions, may be cancelled at any time but are not eligible for a refund. For all initial purchases of subscriptions that are not billed on a monthly basis, you may cancel during the first 30 days and receive a full refund. If such subscription begins with a free trial, the 30 day refund period begins after the free trial ends. If the cancellation occurs after the first 30 days, you will not receive a refund. For all renewals of subscriptions that are not billed on a monthly basis, you may cancel within seven days of the renewal date and receive a full refund. Please note that for gift subscriptions, the refund time period begins on the date of purchase since no free trial period is available. If you cancel your subscription but are not eligible for a refund, you will retain access to the applicable Website(s) until your subscription expires. Cancellations may be made by phone or email via the contact information below or by logging into your Account page on the appropriate Website and following the cancellation instructions there. Your cancellation must be received by end of business (5:00 p.m. Mountain Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.

    Termination or Suspension of Your Account: If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Websites. In such a case, no portion of your subscription payment will be refunded. We also reserve the right to suspend or terminate your access to the Websites for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will refund to you any unused portion of your subscription payment, which will be your sole and exclusive remedy upon such suspension or termination.

    Prices Subject to Change. Prices may be changed by Ancestry at any time and each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Ancestry shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the pertinent Website(s) or in usual subscriber communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal or cancel as set forth above.

  5. Communications Between Ancestry and You

    We will 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 Services, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going toyour Account page on the relevant Website(s) and changing your preferences. Please see our Privacy Statement for further information on how we manage and process your personal information.

  6. Modifications to this Agreement

    Ancestry has the right, at its sole discretion, to modify this Agreement, as well as the Websites, Content, and the Services, at any time. Changes will be posted on the pertinent Website(s) and/or sent via e-mail, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Websites, Content, or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Websites or the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.

  7. Liability Disclaimer

    We make no express warranties or representations as to the quality and accuracy of the Content, the Websites or the Services, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Websites and the Services on an "as is basis" and do not accept responsibility for any use of or reliance on the Websites, Content or Services, or for any disruptions to or delay in the Services. In addition, 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 Services. Ancestry does not guarantee the adequacy of the Services or Websites or compatibility thereof to your computer equipment, mobile devices, and environment and does not warrant that the Websites, the Services, their servers, or any emails which may be sent from Ancestry are free of viruses or any other harmful components.

    To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) 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; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

    You agree to defend, indemnify and hold harmless Ancestry, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Websites and Services.

    Ancestry may, from time to time, provide opportunities to Users of the Websites to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Ancestry 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 Ancestry.

  8. Governing Law; Disputes

    By using the Services or the Websites, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Utah, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Websites and the Services, and any dispute of any sort that might arise between you and Ancestry.

    If a dispute arises between you and Ancestry, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Ancestry Customer Support by phone or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Ancestry agree that any dispute or claim relating to your use of the Services or the Websites will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Ancestry both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Ancestry each waive any right to a jury trial.

    You and Ancestry agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Ancestry agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.This entire arbitration provision shall survive termination of this Agreement and the termination of your Ancestry membership(s).

    To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Ancestry Legal Department, Ancestry.com, 360 West, 4800 North, Provo, UT 84604. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

  9. Miscellaneous

    Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available by Ancestry may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

    Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Ancestry, assign or transfer any of your rights and obligations under these terms. There shall be no third-party beneficiaries to this Agreement.

    Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, 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 the terms of this Agreement shall not affect our right to require 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.

    Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Websites, 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 Ancestry.

  10. Contact Us

    If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff, please contact us via the following information:

    For Ancestry.com, please call (800) 262-3787, send an email to support@ancestry.com, or visit help.ancestry.com/app/home. If you would like to access your Ancestry.com account details, please click here.

    For Fold3.com, please call (800) 613-0181, send an email to support@fold3.com, or visit www.fold3.com/contact. If you would like to access your Fold3.com account details, please click here.

    For Newspapers.com, please call (877) 519-0129, send an email to support@newspapers.com, or visit www.newspapers.com/contact. If you would like to access your Newspapers.com account details, please click here.

    For all three Websites, official correspondence must be sent via postal mail to:

    Ancestry.com Operations Inc.
    Attn: Customer Solutions
    360 W 4800 N
    Provo, UT 84604
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