Terms of Service
These Terms were last updated on June 10, 2009.
This Terms of Service Agreement ("Terms of Service") between you ("you" or "User") and Interesting.com, Inc. ("Interesting.com", "we" or "us") sets forth the legally binding terms for your use of this website (including all content and applications available through WikiTree.com, known collectively as "WikiTree", the "Website" or the "Services") and any successor websites and services.
Updates to Terms. Although we may attempt to notify you when major changes are made to these Terms of Service, from time to time you should review the most up-to-date version here at http://www.wikitree.com/about/terms.html. We may, in our sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions and your continuing use of the Website will signify your Agreement.
IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THE WEBSITE.
Members. To access and use certain parts of the Website, you must become a registered user of WikiTree.com ("Member"). These Terms and Conditions apply to all users of the Website, including both Members and non-Members.
Authorized Members. By registering as a member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age.
No Unauthorized Use. User shall not access or edit any part of the Website that User is not authorized to access or edit (for example, only people on Trusted Lists may access protected profiles).
No Sharing Of Access. Members receive WikiTree IDs. You will only use the WikiTree ID assigned to you (if any) and will neither allow others to access the Website using your WikiTree ID nor use the WikiTree IDs of others. You are solely responsible for any edits, additions, or other content posted or activity performed using your WikiTree ID. It is your responsibility to keep your account secure and you must notify us immediately of any security breach or unauthorized use of your account.
3. General Use of the Website
Non-Commercial Use Only. The Website is for non-commercial, personal use only. You may not use the Website for any commercial purpose without our prior, express authorization. Prohibited commercial uses include, but are not limited to the following:
- Posting content that advertises or provides a commercial service or product, including commercial advertisements, affiliate links, or other forms of solicitation, without our express written authorization.
- Selling access to the Website on another website or service or framing the Website on another website or service.
- Any use of the Website that we find, in our sole discretion, to use our resources, content, or Services in a manner that competes with or displaces the market for the Website or the content or Services provided here.
No Automated Copying. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
No Personal Information Harvesting. You agree not to collect any personally identifiable information, including WikiTree IDs, from the Website, nor to use the communication systems provided by the Website for the purpose of sending unsolicited solicitations or "spam."
Acceptable Use Policy. You acknowledge that further obligations governing your use of the Website are set forth in our Acceptable Use Policy, which is found at http://www.wikitree.com/about/acceptable-use.html, and which we may update from time to time.
4. Posting and Modifying Website Content
General. Our goal is to maintain WikiTree as an inviting, useful, safe and well-functioning community for all users. We reserve the right to prohibit or remove, without prior notice, any content that, in our sole judgment and discretion, interferes with that goal.
No Posting of Commercial Content. You may not post content that advertises or provides a commercial service or product without our express written authorization. We may remove such material without notice and posting it may result in termination of your Membership privileges.
No Illegal or Infringing Content. You shall not post or transmit to the Website any material that You know or ought reasonably to have known (i) cannot be legally distributed (whether by law or regulation or in contempt of any court or other governmental authority or body); (ii) that infringes the copyrights, trademarks, trade secrets, or other proprietary rights ("Intellectual Property Rights") of any third party; or (iii) that contains any content that is illegal, threatening, harassing, defamatory, obscene, pornographic or indecent.
No Breach of Privacy Rights. You shall not post or transmit any material to the Website that breaches any laws or regulation relating to a person's right to privacy or the export of personal data ("Privacy Rights").
Acceptable Use Policy. You further agree that you will not, in connection with posting content, submit material that is contrary to our Acceptable Use Policy, which is found at http://www.wikitree.com/about/acceptable-use.html, and which we may update from time to time.
Your Responsibility for Posting Content. Although we reserve the right to refuse access or edit or remove content that violates these Terms, you acknowledge and accept responsibility and liability for content posted by you or any other user ("User Content"). We have no obligation to monitor the User Content, and we do not endorse or authorize any User Content or any opinion, recommendation, or advice expressed in such User Content. You are solely responsible for any User Content you post and any consequences arising from posting or publishing such User Content.
5. Ownership and Use of Content
License to Interesting.com in User Content. By posting User Content on the Website, you grant, and agree to grant, Interesting.com a license to use, copy, distribute, display, perform, and transmit the User Content you post in connection with Interesting.com's (and its successors' and affiliates') business. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use such User Content as permitted through the functionality of the Website and under these Terms of Service. The licenses granted by you in this Section 5 in User Content are non-exclusive, royalty-free, worldwide, sublicenseable, and transferable.
Wiki Editing. You understand that the website is a wiki, and as with all wikis, User Content posted to the Website can be edited, revised, or deleted at any time by us, or by other users as permitted through the functionality of the Website and under these Terms of Service. You consent to and license the editing, revision, and deletion of User Content posted by you. You understand that the Website, as is the usual practice with wikis, retains earlier versions of content, but you acknowledge that we are not obligated to do so.
6. License to User.
We grant you a license to use information and other content provided by the Website ("Content") for purposes of personal or professional research. You may download and copy only as much Content as is customary and necessary for your personal use and research regarding a specific research inquiry, but you may not in any case copy all or any substantial portion of the information contained on the Website (during any one visit or cumulatively over time) without the express consent of Interesting.com. Your licenses granted in this Section do not apply to any Content accessed by circumventing any technological or password protections or otherwise in violation of these Terms of Service. Please note that since the Website is a wiki, we cannot and do not warrant or represent that the User Content is non-infringing.
7. E-mail and Notices
Use of e-mail. By registering and providing your e-mail address, you consent to us communicating with you by e-mail, including without limitation, to provide you notice of any security breach in lieu of other written notification. You may opt-out of this e-mail communication by contacting us.
Notices. By providing your e-mail address you consent to our using the e-mail address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your e-mail address to send you other messages, including changes to WikiTree features and special offers. If you do not want to receive such e-mail messages, you may opt out by changing your account settings or by sending mail to the following postal address:
49 Bramblebush Road
Croton on Hudson, NY 10520
We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Users via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on our Website page, as determined by us at our discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Section.
Contact us at info-at-wikitree-dot-com (remove hyphens and change "at" and "dot" to @ and a period) with any questions or issues related to this policy.
8. Interesting.com's Agent to Receive Notification of Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Website infringes your copyright, you (or your agent) may send Interesting.com's Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked.
You can contact Interesting.com's Designated Agent at: Chris Whitten, Interesting.com, Inc., 49 Bramblebush Road, Croton on Hudson, NY 10520, info-at-wikitree-dot-com (remove the hyphens and convert "at" to "@" and "dot" to ".").
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office web site, currently located at http://www.loc.gov/copyright/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
9. Member Disputes
You are solely responsible for your interactions with other WikiTree Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
We have commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. WARRANTIES AND DISCLAIMERS
Actions of Third Parties. At times, actions or inactions of third parties can impair or disrupt connection to the Website or the availability of portions of the Website content. User acknowledges that because of the nature of the Internet and communications accessible or received through it, the security, reliability and integrity of the Website cannot be guaranteed. Although Interesting.com will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Interesting.com cannot guarantee that such events will not occur. Accordingly, Interesting.com disclaims any and all liability resulting from or related to such events.
General Disclaimer. THE WEBSITE, THE MATERIALS IT CONTAINS, AND ANY INTERESTING.COM PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND THE ACCURACY, OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SOFTWARE, SYSTEM, SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY INTERESTING.COM, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
User Indemnity. User agrees by accessing the Website to indemnify and hold harmless Interesting.com and its member firms, affiliates, partners, employees, officers, agents, representatives and contractors from and against all actions, proceedings, suits, claims and demands brought or made against Interesting.com by any person and from and against any damage, loss, cost or expense (including reasonable attorneys' fees) suffered or incurred by Interesting.com as a direct or indirect consequence arising from or in consequence of any negligent act or omission by, willful misconduct of, or breach of these Terms by User. This Section will not be construed to limit or exclude any other claims or remedies which Interesting.com may assert under these Terms or by law.
14. NO CONSEQUENTIAL DAMAGES
UNDER NO CIRCUMSTANCES WILL INTERESTING.COM BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF USER, USER, ITS APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE WEBSITE CONTENT OR THE WEBSITE SERVICES, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT INTERESTING.COM MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE GREATER OF THE TOTAL AMOUNT ACTUALLY PAID TO INTERESTING.COM BY USER DURING THE PRECEDING YEAR OR US$100. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
15. TERM AND TERMINATION.
Termination. This Agreement shall remain in full force and effect while you use the Website or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. We may terminate your Membership at any time, without prior notice. Even after Membership is terminated, this Agreement will remain in effect with respect to any further use of the Website.
Survival. Sections 5, 7 - 13 and 14 - 17 shall survive any termination of these Terms.
User may not assign, delegate, sub-contract or otherwise transfer this Agreement or any of its rights or obligations hereunder without the express written permission of Interesting.com. Any assignment in violation of this Section shall be void and unenforceable. Interesting.com may assign, delegate, sub-contract or transfer this Agreement or any of its rights or obligations hereunder. User hereby consents in advance to any such assignment, subcontract, or transfer.
These Terms will become effective upon acceptance and will continue in force until termination or expiration as provided herein. These Terms constitute the entire agreement between the parties with respect to the Website and Website Content and supersedes all proposals, warranties, prior agreements or any other communications between the parties relating to the subject matter of these Terms and any possibility of any collateral contract between the parties is excluded. These Terms shall be governed by New York law without regard to that state's conflict of law principles. The parties consent to the jurisdiction of the state and Federal courts sitting in New York, NY. Either Interesting.com or you may demand that any dispute between us and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. User is responsible for compliance with all laws and regulations applicable to User wherever User is located. If any provision of these Terms is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of these Terms.
18. Statute of Limitations
You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of the Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.