Fold3 Terms of Use

Welcome to Fold3.

Fold3 is an Internet service that lets its users conduct historical research by searching, reviewing and archiving any of our rich variety of digital historical resources. At Fold3, history is also interactive. Members may create Memorial Pages and, using our tools, annotate historical documents, provide commentary, and post their own historical documents for others to view. To contact us with comments or suggestions, visit the Contact Us page.

1. BY ACCESSING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

By accessing the Fold3 website (referred to as "Fold3," the "Website," the "Service," "we," "us" or "our"), you signify that you have read, understood and agree to these terms and conditions (the "Terms of Service"). You are legally bound by this agreement (the "Agreement"), which is between you and iArchives, Inc. (the Utah corporation that owns and operates Fold3), its parent and its affiliates. You are bound by this Agreement whether you are a “Visitor” (a person who accesses the Website but does not register), a “Member” (a person who registers for free with Fold3), or an “All-Access Member” (a person who pays the required fees to view all the content on the Website). For purposes of this Agreement, Visitors, Members, and All-Access Members are collectively referred to as "Users."

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 Website.

The Website is operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the State of Utah and the United States. Registration as a User to the Website results in your information being stored and processed in the United States and you specifically consent to that storage and processing. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of our Privacy Statement.

The Fold3 Website is intended for adults over the age of 18. By accessing the Website, you affirm that you are either over the age of 18 or will adhere to the additional conditions detailed below.

If you are under the age of 13, you are not permitted to become a Member, an All-Access Member or complete any registration form on the Website. Children under the age of 13 may not publish any information on the Website or post any content on any page created by any other Member. With the permission of a parent or guardian, a child under the age of 13 may access portions of the Website that do not require registration. If we believe a Member profile has been created by a child under the age of 13, we reserve the right to terminate the User. If we believe a Member has permitted a child under 13 to publish information or post content in violation of these Terms of Service, we reserve the right to terminate this User. To learn more about the protections provided in the Children's Online Privacy Protection Act, go to www.ftc.gov/privacy/coppafaqs.shtm.

If you are 13 years or older but under the age of 18, you must ask a parent or guardian whether you may visit this Website before accessing the Website. Parents and guardians should be aware that historical documents sometimes contain disturbing and controversial images and content. If you permit a child view material on the Website or to publish information or post material under your Membership (even if the publishing or posting is permitted by these Terms of Service), you are strictly liable for the actions of the child under your supervision and will be deemed to release Fold3 from liability relating to the child's actions to the extent permitted by law.

Limited Use License. Except as set out in this Agreement, the content on the Website, including, without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Fold3, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You may access the Website, use the graphics, information, data, editorial and other Content only for personal or professional family history research. Republication or resale of any of the Content or other protected data is prohibited. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and personal use only as permitted through the functionality of the Website. 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 agree not to circumvent, disable or otherwise interfere with security related features of Fold3 Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website or Service or the Content therein.

2. SUBSCRIPTION TERMS

You may become a Member by registering for free and creating an account. You may become an All-Access Member by creating an account and paying the applicable fee. By becoming an All-Access Member, you acknowledge and agree that Fold3 will maintain your credit card information on file and will charge fees to the card according to the terms of the payment plan you choose.

You must provide accurate and complete information on any registration or application for Membership. You agree not to use the Website or the Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you become aware of any of any breach of security or unauthorized use of your account, you must notify Fold3 immediately by e-mail at support@fold3.com. Although Fold3 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 these Terms of Service.

Members and All-Access Members have permission to post historical documents to the Website, to create Memorial Pages, to annotate historical documents and to post comments on Memorial Pages and on historical documents. They may also create a special profile that can be seen by other Users. All-Access Members have access to some collections of documents that are not available to Members.

Terms. As part of the registration process, you will enter your email address and select a password. You must provide Fold3 with accurate, complete, and up-to-date 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 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.

All memberships to the Fold3 Website are automatically renewing. This means that once you have become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription program (annual, 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. Except in the case of monthly subscriptions, you will be notified by e-mail approximately 14 days before your subscription will end, asked to correct any information which has changed and reminded of the opportunity to "opt out" of your renewal. The different memberships and payment options will be published on the Website at the time a subscription or other service is renewed and the renewal of the subscription takes place subject to the terms in force on the date of renewal.

Opting Out of Renewal. You may opt out of renewing your subscription via the “Change auto-renewal settings” link on the “Account Details” page or by emailing us at support@fold3.com at least two days before the renewal date. 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 made. Please ensure you have noted any relevant cancellation dates when a membership, promotion or free trial ends.

Cancellations. Fold3 allows you to cancel your annual Membership anytime during the first thirty (30) days after your Membership begins and receive a full refund. Cancellations may be made by emailing Fold3 at support@fold3.com and providing the same information that you provided when you subscribed. Your cancellation must be received by end of business (4:00 p.m. Mountain Time) on the 30th subscription day (if the 30th subscription day falls on a weekend or holiday, then the refund period is extended to include the next day that is not a weekend or holiday). For monthly subscriptions, Fold3 allows you to cancel your monthly Membership anytime during the first two days after your Membership begins and receive a full refund. Your cancellation must be received by the end of business (5:00 p.m. Mountain Time) on the 2nd subscription day in order to receive a refund (if the 2nd subscription day falls on a weekend or holiday, then the refund period is extended to include the next day that is not a weekend or holiday). After these deadlines pass, you may still cancel your Membership but no refund will be made for unused subscription periods. Please allow a reasonable time for the refund to reach you or be charged back to your account. All refunds will be given to the original credit card on which the purchase was made.

Prices Subject to Change. Subscription prices may be changed by Fold3 at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed. Fold3 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 website or in usual member communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal as set forth in this Agreement.

3. USER CONDUCT

Fold3 hereby grants you permission to use the Website according to these Terms of Service. All Users, whether a Visitor, Member or All-Access Member, agree that they will use the Website for personal historical research only and not for any commercial purpose. Notwithstanding the previous sentence, professional researchers, professional historians and others conducting scholarly research may use the Website within the scope of their professional work. Fold3 does not claim an exclusive right to images already in the public domain that it has then converted into a digital format. However, the Website contains 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 of Service, 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 Fold3 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 Fold3, you agree to obtain prior written permission from us. Except as provided in this paragraph, you agree that (i) you will not copy or distribute any part of the Website or the Service in any medium without Fold3's prior written authorization; (ii) you will not alter or modify any part of the Website or the Service other than as may be reasonably necessary to use the Website or the Service for its intended purpose; and (iii) you will otherwise comply with these Terms of Service.


All Users agree further that they will refrain from any behavior that is offensive or harmful to others or that harms Fold3. For example (and without limiting the previous sentence), you agree that you will not:
A. Post, transmit, or display anything that is illegal, threatening, harmful, abusive or otherwise objectionable. For example, but not limited to, actions that are harassing, invasive of another's privacy, degrading, defamatory, vulgar, hateful, libelous, fraudulent, obscene, pornographic, sexually explicit, hateful or racially or ethnically objectionable.
B. Post, transmit, or display content which is protected by copyright or trademark or that does not belong to you and that you do not have authorization for use from the owner of the copyright or trademark, including but not limited to email messages and comments. Read our copyright policy for more information.
C. Post, transmit, upload, or display content which contains proprietary or confidential information that you do not have a right to transmit. For example, but not limited to, posting, any photos of living individuals without their permission or posting anyone else's email addresses without their consent
D. Post or publish any information that you know if false or misleading. For example, but not limited to, impersonating any person or entity or falsely misrepresenting your affiliation with any person or entity or falsely claiming an endorsement that you do not have or misrepresenting that you are an employee or representative of Fold3 or affiliated with the Fold3 family of companies.
F. Post, transmit or make available advertising, promotional materials, junk mail, chain letters or any other form of solicitation.
I. Stalk or harass others, including Fold3 employees. For example, but not limited to using obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar language or any other action that is hateful, racially or ethnically or otherwise objectionable.
K. Reproduce, copy or sell any portion of the Website or Fold3 database contents or systematically download contents and data of the Fold3 database to make or populate another database or for any other purpose.
L. Interfere or attempt to interfere with the Fold3 Website. For example, but not limited to, using any software program, virus or routine to block, obscure, overwrite or modify any Fold3-generated content or web pages or to destroy the software, hardware or telecommunications equipment of another person.
M. Share your Fold3 member password with any unauthorized person or permit a child under the age of 13 to publish information or post content under your Fold3 membership;
N. Use the Websites for any illegal activity or provide material which promotes or teaches illegal activity.

This list is not exclusive. Fold3 prohibits Users or any other person from engaging in any activity that Fold3, in its sole discretion, determines is offensive, interferes with the rights of others, or causes harm to any person, including to Fold3 and its employees. Violation of, or acting inconsistently with, the letter or spirit of our rules may result, in appropriate circumstances and at our sole discretion, suspension, cancellation or termination of the accounts of the offending user, and such violation may result in the forfeiture of any and all fees that the User has already paid to be a member of the Service or any other fee. The preceding sentence shall not in any way limit any other remedy, legal, equitable or otherwise, that Fold3 may pursue.

4. USER PROVIDED CONTENT

Hosting Service. Portions of the Service allow you to contribute appropriate material and some of the Content on the Website are submitted by you and other users ("User Provided Content"). For User Provided Content, we are merely hosting and providing access, and we cannot accept any liability whatsoever with regard to such material (including with respect to its accuracy). We are sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here. We cannot commit to prior review or monitoring of User Provided Content, but we may apply, at our discretion, automated filtering tools and reserve the right to act expeditiously 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, 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.

Your Responsibility. The decision to upload personal information to the Website is your responsibility and you should only submit content which belongs to you and will not violate the rights of others. Be aware that content, including photographs, belongs to the creator and you should not reproduce or submit it without permission of the owner. By submitting material to the Website, 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). Similarly, if you submit material to the Website 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, including for any logo, image or pictures. Upon the request of Fold3, and without compensation, you agree to furnish Fold3 with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement.

License to Fold3. By submitting User Provided Content to Fold3, you grant Fold3, its parent company and all of its affiliates, a license to use, host, distribute that User Provided Content and allow hosting and distribution of that User Provided Content, 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 Fold3 from any and all claims of any rights, liens, claims, demands, actions or suits which you may have in connection with the User Provided Content, 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. Except for the rights granted in this Agreement, Fold3 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 to us.

Preserving Content. You acknowledge and agree that Fold3 may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Fold3 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 Website, the users, or the public.

5. PROMOTIONS

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by Fold3 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.

6. LIABILITY DISCLAIMER

No Warranty. We make no express warranties or representations as to the quality and accuracy of the Content, Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. We offer the Service on an "as is basis" and do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service. 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 Website, Content or Service. Fold3 does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment and does not warrant that this Website, the Service, its servers, or any emails which may be sent from Fold3 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 this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.

Third Party Services. Fold3 may, from time to time, provide opportunities to users of the Service to purchase services from third parties. Websites of those third parties may be subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Fold3 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 Fold3.

Exclusive Remedy.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 Service, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Service and Website.

7. INDEMNITY

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

8.MODIFICATIONS TO THIS AGREEMENT

Fold3 has the right, at its sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service will be posted on the Website, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change to the Website 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 Website now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.

9. ENTIRE AGREEMENT; OTHER TERMS

You agree that: (i) these Terms of Service shall be governed by the laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Fold3 that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah; (ii) these Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fold3 without restriction; (iii) these Terms of Service, together with the Privacy Statement and any other legal notices published by Fold3 on the Website, shall constitute the entire agreement between you and Fold3 concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect; (iv) no waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Fold3's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision; (v) there shall be no third-party beneficiaries to this Agreement; and (vi) YOU AND FOLD3 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. EFFECTIVE DATE

These Terms of Service are effective immediately for all new Users and as of September 19, 2011 for all Users already registered or a paying Member to the Website. These Terms of Service were last updated on August 18, 2011.

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