T & C

Terms and Conditions of Use

1.    Introduction
1.1    These terms and conditions shall govern your use of our website.
1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions
1.4    You must be at least 18 years of age to use our full website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age to use our full site but limited free access is available to under 18's to construct their own family tree with access only to this and no other functions on the site. Such accounts will be able to invite selective persons to view only their tree with access to no other functions on the site
1.5    Our website uses cookies and by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy
2.    Copyright notice
2.1    Copyright (c) 2016 of first publication of asktheancestors.com
2.2    Subject to the express provisions of these terms and conditions:
(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website
(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved
3.    Licence to use website
3.1    You may:
(a)    view pages from our website in a web browser
(b)    download pages from our website for caching in a web browser
(c)    print pages from our website
(d)    stream audio and video files from our website
(e)    use our website services] by means of a web browser
         subject to the other provisions of these terms and conditions
3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our  website or save any such material to your computer.
3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5    Unless you own or control the relevant rights in the material, you must not:
(a)    republish material from our website (including republication on another website
(b)    sell, rent or sub-license material from our website
(c)    show any material from our website in public
(d)    exploit material from our website for a commercial purpose 
(e)    redistribute material from our website.
3.6    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.    Acceptable use
4.1    You must not:
(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)    conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent
(e)    access or otherwise interact with our website using any robot, spider or other automated means
(f)     violate the directives set out in the robots.txt file for our website 
(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing
4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities
4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading
5.    Use on behalf of organisation
5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both yourself and the person, company or other legal entity that operates that business or organisational project
         to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise / except that specify exceptions
6.    Registration and accounts
6.1    To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you
6.3    You must not allow any other person to use your account to access the website
6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account
6.5    You must not use any other person's account to access the website, unless you have that person's express permission to do so
7.    User login details
7.1    If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.
7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person
7.3    You must keep your password confidential
7.4    You must notify us in writing immediately if you become aware of any disclosure of your password
7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure
8.    Cancellation and suspension of account
8.1    We may:
(a)    edit your account details
(b)    temporarily suspend your account 
(c)    cancel your account
        at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 8.1
8.2   You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2
9.    Subscriptions
9.1   To become a subscriber to our website services, you must register for an account with our website]. We will send you an acknowledgement of your order. [If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force. The contract between us for to supply of the website services shall come into force upon the issue of the order acknowledgement.
9.2   You will have the opportunity to identify and correct input errors prior to making your order 
9.3   For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.
9.4   We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your membership.
   
10.    Fees
10.1   Any fees in respect of our website services will be as set out on the website from time to time
   .
  

11.    Your content: licence
11.1   In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website
11.2  You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website
11.3  You grant to us the right to sub-license the rights licensed under Section 12.2
11.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2
11.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law
11.6  You may edit your content to the extent permitted using the editing functionality made available on our website
11.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
12.    Your content: rules
12.1  You warrant and represent that your content will comply with these terms and conditions
12.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law
12.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a)    be libellous or maliciously false
(b)    be obscene or indecent
(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right
(d)    infringe any right of confidence, right of privacy or right under data protection legislation;
(e)    constitute negligent advice or contain any negligent statement
(f)     constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity
(g)    be in contempt of any court, or in breach of any court order
(h)    be in breach of racial or religious hatred or discrimination legislation
(i)     be blasphemous
(j)     be in breach of official secrets legislation
(k)    be in breach of any contractual obligation owed to any person
(l)     depict violence[ in an explicit, graphic or gratuitous manner
(m)   be pornographic, lewd, suggestive or sexually explicit
(n)    be untrue, false, inaccurate or misleading
(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
(p)    constitute spam
(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory
(r)    cause annoyance, inconvenience or needless anxiety to any person
13.    Report abuse
13.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know
13.2  You can let us know about any such material or activity by email or using our abuse reporting form
14.    Limited warranties
14.1  We do not warrant or represent
(a)    the completeness or accuracy of the information published on our website
(b)    that the material on the website is up to date
(c)    that the website or any service on the website will remain available.
14.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
15. To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
16.   Limitations and exclusions of liability
16.1 Nothing in these terms and conditions will
(a)    limit or exclude any liability for death or personal injury resulting from negligence
(b)    limit or exclude any liability for fraud or fraudulent misrepresentation
(c)    limit any liabilities in any way that is not permitted under applicable law
(d)    exclude any liabilities that may not be excluded under applicable law
        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law
16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions: 
(a)    are subject to Section 16.1
(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort including negligence and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions
16.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature
16.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control
16.5  We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill
16.6  We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.6 shall not apply
16.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage[, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.7 shall not apply
16.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees
16.9  Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a)    amount and
(b)    the total amount paid and payable to us under the contract
17.    Indemnity
17.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a)    any breach by you of any provision of these terms and conditions; or
(b)    your use of our website
18.   Breaches of these terms and conditions
18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)    send you one or more formal warnings
(b)    temporarily suspend your access to our website
(c)    permanently prohibit you from accessing our website
(d)    block computers using your IP address from accessing our website
(e)    contact any or all of your internet service providers and request that they block your access to our website
(f)     commence legal action against you, whether for breach of contract or otherwise and/or
(g)    suspend or delete your account on our website
18.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].
19.    Third party websites
19.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
19.2  We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them
20.    Trade marks
20.1  Identify trade marks], our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights
20.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot  grant any licence to exercise such rights
21.    Variation
21.1  We may revise these terms and conditions from time to time
21.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website
21.3  If you are a consumer and] you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions [only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you [at least 30 days' prior written] notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
22.    Assignment
22.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
22.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 
23.    Severability
23.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
23.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 
24.    Third party rights
24.1   A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
24.2   The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
25.    Entire agreement
25.1  Subject to Section 16.1, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
26.    Law and jurisdiction
26.1  These terms and conditions shall be governed by and construed in accordance with [English law].
26.2  Any disputes relating to these terms and conditions shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of [England].
27.    Statutory and regulatory disclosures
27.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference
27.2  These terms and conditions are available in the English language only
28.    Our details
28.1    This website is owned and operated by Stewart Alexander Rothwell
28.2    We are registered in England and Wales under registration number XXXXXXXXX, and our registered office is at
28.3    Our principal place of business is at Tourism House, Woodwater Park, Pynes Hill, Exeter, Devon, EX2 5WS
28.4    You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website from time to time or by email to the email address given on our website from time to time

 

 

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