Our Name in History

Terms & Conditions – Effective as of June 22, 2006.

Before using OurNameInHistory.com, please review the following terms and conditions which define your rights, responsibilities and benefits as a user of OurNameInHistory.com:

OURNAMEINHISTORY.COM LICENSE AND TERMS AND CONDITIONS OF USE

OurNameInHistory.com is an Internet service (the “Service”) owned and operated by MyFamily.com, Inc. (“we”, “our” or “us”). “You” or “your” means an adult user of the Service for itself and you as parent or guardian for any minor whom you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, don’t use the Service.

LIMITED LICENSE AND SITE ACCESS

MyFamily.com, Inc. grants you a limited license to access and make personal use of OurNameInHistory.com on the terms and conditions provided herein. This license does not include: (a) any downloading (other than page caching) or modification of the site, or any portion of it, without the express written consent of MyFamily.com, Inc.; (b) any resale or commercial use of OurNameInHistory.com or its contents; (c) any collection and use of any product descriptions or prices contained on OurNameInHistory.com; (d) any derivative use of OurNameInHistory.com or its contents; (e) any downloading or copying of account information for the benefit of another merchant; or (f) any or any use of data mining, robots or similar data gathering and extraction tools.

Neither OurNameInHistory.com, nor any portion of this site, may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of MyFamily.com, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of MyFamily.com, Inc. or its affiliates without the express written consent of MyFamily.com, Inc. Any unauthorized use terminates the permission or license granted by MyFamily.com, Inc. herein.

COPYRIGHT AND INTELLECTUAL PROPERTY

All content included on OurNameInHistory.com, such as text, graphics, logos, button icons, images, data compilations and software, is the property of MyFamily.com, Inc. or its content suppliers and is protected by U.S. and international copyright laws. The compilation of all content on this site is the exclusive property of MyFamily.com, Inc. and protected by U.S. and international copyright laws.

MyFamily.com is a registered trademark of MyFamily.com, Inc. in the United States. OurNameInHistory and other related graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of MyFamily.com, Inc. or its subsidiaries. MyFamily.com, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not MyFamily.com, Inc.’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MyFamily.com, Inc. All other trademarks not owned by MyFamily.com, Inc. or its subsidiaries that appear on this site are the property of their respective owner(s), who may or may not be affiliated with, connected to or sponsored by MyFamily.com, Inc.

ELECTRONIC AND OTHER COMMUNICATIONS TO YOU

We will send e-mail or other mail to you, for the purpose of informing you of changes or additions to OurNameInHistory.com or of any MyFamily.com, Inc. related products and services. If you do not want to receive such mailings, you may opt out at any time by (a) as it regards direct mail, or anything other than e-mail, contacting us in writing at the address below, or (b) as it regards e-mail, using the “unsubscribe” link identified in the e-mail or (c) in regard to any type of mailing, at a preferences page we may provide.

SITE POLICIES; MODIFICATION AND SEVERABILITY

Please review our other policies, including our Privacy Statement, posted on this site.

We reserve the right to make changes to our site, policies and these Terms and Conditions at any time. Your continued use of the Service after any such change indicates your acceptance of that change. If you don’t want to be bound by a change, discontinue use of the Service. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

TERMINATION

Should you be in violation of these Terms and Conditions, we may revoke your license to use the Service and suspend your right of access to this site. In such a case, we will have no liability to you.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

OurNameInHistory.com may include inaccuracies or typographical errors. Changes are periodically made to the information appearing on OurNameInHistory.com.

OurNameInHistory.com is provided by MyFamily.com, Inc. on an “AS IS” and “AS AVAILABLE” basis. MyFamily.com, Inc. makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the fullest extent permitted by applicable law, MyFamily.com, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. MyFamily.com, Inc. does not warrant that OurNameInHistory.com, its servers or e-mail sent from MyFamily.com, Inc. or its business units or affiliates are free of viruses or other harmful components. MyFamily.com, Inc. will not be liable for any damages of any kind arising from the use of this site, including but not limited to any direct, indirect, punitive, special or other damages including, without limitation, loss or delay of use, lost profits, loss of data or any other damages in contract, tort, equity or under any other legal theory, even if advised of the possibility thereof.

MyFamily.com, Inc. may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. The Web sites operated by any of these third parties will be subject to terms and conditions different from those found here. You should review carefully the conditions of use and privacy policy of such other Web sites. MyFamily.com, Inc. makes no warranty concerning any third party goods or services, and you agree that any recourse for dissatisfaction or problems with any third party goods or services will be sought from the third party provider and not from MyFamily.com, Inc.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

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, in whole or in part, may not apply to you, and you may have additional rights.

MISCELLANEOUS

By visiting OurNameInHistory.com, you agree that the laws of the State of Utah, without regard to any conflicts of law principles and, to the extent applicable, the federal laws of the United States of America, will govern your use of the site, and the application of these Terms and Conditions. You agree that any action under these Terms and conditions or otherwise related to the Services will be brought in the state or federal courts located in Salt Lake City, Utah.

ADDITIONAL TERMS

1. SITE REGISTRATION; NO USE BY MINORS

You will be required to register to use OurNameInHistory.com. You must provide us with accurate, complete and up-to-date registration information. Failure to do so will constitute a breach of these Terms and Conditions.

As part of the registration process, you will select a username and password. You understand that you may not: (a) select or use a name of another person with the intent to impersonate that person; (b) use the rights of any person other than yourself without authorization; or (c) use a name that we, in our sole discretion, deem inappropriate.

You may be able to use the same username and password that you use to access other Web sites operated by MyFamily.com, Inc. If this is the case, these Terms and Conditions, as well as the terms and conditions governing the site on which you established your username and password, will govern your use of this site using that username and password.

You understand that OurNameInHistory.com is owned and operated by MyFamily.com, Inc., which is incorporated in Delaware, USA. Other Web sites, including Ancestry.com, Ancestry.co.uk, Genealogy.com, RootsWeb.com, MyFamily.com and FamilyHistory.com, in each case that may be accessible through this site are also owned and/or operated by MyFamily.com, Inc. OurNameInHistory.com, together with all of the foregoing sites, are operated in the United States of America and are designed to be in compliance with the laws of the United States. Registration on or use of these sites to make purchases results in your personal information being stored and processed in the United States, and you, in so registering or purchasing, specifically consent to that storage and processing. You may, and should, access your registration information periodically and from time to time to confirm its correctness and to keep it current. If you are registering from outside the United States, you consent to the storage and processing in the United States of the personal data you submit.

You must be 18 years or older to use or purchase goods or services on the Service. Any user of the Service who is younger than 18 years of age must use OurNameInHistory.com only with the involvement of a parent or guardian.

2. USER ACCOUNT

You are responsible for all usage or activity on OurNameInHistory.com via your account. Distribution of your username or password to others to enable them to access OurNameInHistory.com is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

You will notify us by regular mail or by e-mail at support@ancestry.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including the loss, theft, or unauthorized disclosure of your username, password or billing or payment information. You will be responsible for maintaining the confidentiality of your username and password. You will never be required to reveal your password to any representative or agent of MyFamily.com, Inc., its owners or agents.

3. PRODUCT TERMS AND CONDITIONS

A. Product Disclaimers

Each “Our Name In History” book is about a surname, not specific persons, and may or may not include information about your ancestors. Over time, as we gather new information about a surname and its place in history, the actual content in each book about a particular surname may change.

Furthermore, layout and/or general presentation from any published image or sample appearing in any of our advertising or promotional materials may vary, although we expect to maintain a consistent level of quality in the finished product, including the "look and feel" of our product. We disclaim any liability for any claims by you, or any losses or damages allegedly suffered by you, in connection with any failure of your book to conform in the above respects to any such published image or sample.

B. Intellectual Property/Use of Book

All intellectual property and other rights in and to each book published by MyFamily.com, Inc. and ordered or sold through OurNameInHistory.com are owned by MyFamily.com, Inc., except to the extent otherwise expressly identified herein or in any copyright notice contained in any “Our Name In History” book. Without limiting the generality of the foregoing, each “Our Name In History” book, including not only the book itself as a compilation, but each individual element of the book, including any records, images or other content contained therein, is owned solely by MyFamily.com, Inc. unless otherwise identified. Each “Our Name In History” book ordered or sold through OurNameInHistory.com was researched, laid out, typeset and published using MyFamily.com, Inc. internal and/or contracted resources.

No MyFamily.com, Inc. customer has any intellectual property or other similar rights in any “Our Name In History” book, and disclaims any such rights or claims against MyFamily.com, Inc. “Our Name In History” books are intended for personal use by our customers and their family members and friends, and are not to be duplicated, copied, transmitted, re-published, re-sold and/or otherwise disseminated in any way, nor used for or in connection with or to support any retail, commercial, promotional or other purpose not expressly authorized herein or by MyFamily.com, Inc.

4. SALES AND USE TAX

To the extent required by applicable law, we may charge state sales tax and add such amount to the total amount of your order. Alternatively, you may be liable for payment of state or local use taxes in connection with your purchase of goods from this site. Consult the laws where you live for more detail on your obligations, if any, to pay state or local use taxes.

5. RISK OF LOSS

All items purchased on OurNameInHistory.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of such items to the carrier.

OUR ADDRESS

Official correspondence must be sent via postal mail to:

MyFamily.com, Inc.

360 W 4800 N

Provo, UT 84604