Terms of Use, effective as of June 26, 2022

  1. Introduction and Services:

    Welcome to NumbersToNames.org (“we”, “us” and/or “our”). These Terms of Use (“Terms”) govern your access or use of our website, mobile applications, products, and services, or when you otherwise interact with us (collectively, the “Services”). As used in these Terms, the term “Site” includes: all websites and all devices or applications operated by us that collect Personal Data from you; pages within each such website, device, or application, any equivalent, mirror, replacement, substitute, or backup website, device, or application; and pages that are associated with each such website, device, or application.

    Please read these Terms and our Privacy Policy (which describes how we collect, process, use, and share your data) carefully because they contain important information about your rights and responsibilities when you use the Services.

    Additional terms may apply which will be disclosed to you when you sign up for a new Service or take advantage of a new promotion or special offer, which terms become part of your agreement with us if you use those Services, promotions, or offers. If any additional terms conflict with these Terms, those additional terms will prevail. If you have any questions about these Terms or our Services, please contact us.

    1.1. Eligibility to Use the Services. Any persons who access or use the Site or our Services are “Users” under these Terms.

    If you are between the ages of 13 and 18, you may use the Services with your parent’s or guardian’s permission. Children under the age of 13 are not permitted to use any Services. We do not knowingly seek or collect any Personal Data (as defined in our Privacy Policy) directly from children under the age of 13. If we become aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.

    1.2. Use of the Services

    In exchange for your access to the Services, you agree that you will:

    • Comply with these terms, the Privacy Policy, and all applicable laws;
    • Be responsible for all usage and activity on the Services;
    • Not resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms;
    • Not circumvent, disable or otherwise interfere with security-related features of the Services; and,
    • Not circumvent, disable or otherwise interfere with features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including by using any self-developed or third-party developed bots, crawlers, spiders, data miners, scraping, or other automatic access tools.

    1.3 Unexpected or Graphic Content: When using our Services, you may discover unexpected facts about yourself or your family or graphic and upsetting Content.

  2. Content

    2.1. Content: The Services contain photos, videos, documents, records, indexes of content, and other content provided to you by us (“Content.”).

    You agree:

    • To use the Content only as necessary for your personal use of the Services or your professional research;
    • To download the Content only as search results relevant to such research or where expressly permitted by us;
    • To keep all copyright and other proprietary notices on any Content you download or print;
    • Not to distribute, republish, or sell significant portions of any Content; and,
    • Contact us to obtain our written permission if you want to use more than a small portion of individual photos and documents that are Public Domain Content.

    2.2. Your Content: We may facilitates your contributing a variety of content into the Services, including Personal Data and content such as family trees, photos, videos, recordings, stories about relatives, and your comments (“User Provided Content”).

    2.2.1 Personal Data: For more information on the types of Personal Data you may provide us and your respective rights, see our Privacy Policy.

    2.2.2 User Provided Content: With respect to User Provided Content, you agree that:

    • You are solely responsible for your User Provided Content;
    • You have all the necessary legal rights to upload or post your User Provided Content;
    • You will provide us, upon our request, with any documentation necessary to evidence your compliance with these Terms; and
    • Any User Provided Content that you have shared with us may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any User Provided Content that you have made public

    We have not responsibility or liability related to User Provided Content. We do not routinely monitor User Provided Content for violations of these Terms, but we reserve the right to do so (including using automated monitoring tools). We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms.

    2.2.3 Ownership of Your Content: You own your Personal Data and User Provided Content. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Data) in order to (a) provide the Services to you and other Users, (b) for the purposes described in these Terms and our Privacy Policy, (c) to help our Users discover more about their families and family histories and build their family trees, and (d) for any other purpose to which you expressly agree, such as sharing with others.

    Also, by submitting User Provided Content through any of the Services, you grant us a perpetual, sublicensable, worldwide, non-revocable, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such 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. This includes the right for us to copy, display, and index your User Provided Content. We will own the indexes it creates. Notwithstanding the non-revocable and perpetual nature of this license, it terminates when your User Provided Content is deleted from our systems. Be aware that to the extent you elected to make your User Provided Content public and other users copied or saved it to the Services, this license continues until the content has been deleted both by you and the other users.

    2.3 Copyright and Trademark: Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks, and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership, and all other rights and interests in and to all Content.

    If you have concerns that User Provided Content posted by other Users may infringe your rights, contain illegal material, or violate these Terms, please contact us. We are also sensitive to the copyright and other intellectual property rights of others. Please contact us at info@numberstonames.org for complaints regarding copyright infringement or illegal content, including any Digital Millennium Copyright Act takedown requests.

  3. Termination or Suspension of Your Use of the Services

    We may limit, terminate, or suspend your access to the Services if you breach or act inconsistently with the letter or spirit of these Terms.

  4. Warranty

    Except as expressly set out in these Terms, we provide the Services and the Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the Content, (b) about User Provided Content, (c) about the specific functionality of the Services, (d) about the quality, accuracy, reliability, or availability of the Content or Services, or (e) that the Services will be free from viruses or other harmful components.

    We are constantly changing and improving our Services, so we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether.

  5. Limit of Liability

    We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. Our total liability in any matter related to the Services or these Terms is limited to $100.00 USD.

  6. Your Indemnity

    You agree that you will indemnify and hold us and our respective officers, directors, employees, agents, successors, and assigns (the “ Indemnified Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the Indemnified Parties from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

  7. Services Offered by Other Companies

    Our Services may contain links to other sites operated by third parties (“Third-Party Sites”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. A link to a Third-Party Site from our Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. The terms and conditions of use and privacy policy of a Third-Party Site may differ substantially from our Terms and Privacy Policy. Please read the terms and conditions of use and privacy documentation for all Third-Party Sites carefully. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Site or its content, products, and services. We have no responsibility related to any Third-Party Site.

  8. Controlling Law

    If you access the Services on our websites in the United States, the laws of the State of California and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims will be subject to the exclusive jurisdiction of the federal and state courts in the State of California.

  9. Miscellaneous

    Modifications to these Terms: We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will be effective immediately. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as described here.

    Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and us regarding your use of the Services and supersede any prior agreements we may have relating to the Services.

    Feedback: If you submit feedback or suggestions about the Services, we may use your feedback or suggestions for any purpose without any obligation to you.

    Severability: Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

    No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.