Terms of Service

Welcome to Rootsy! We’re a private site to share your family stories, accessible at www.rootsy.com. Please carefully read our Terms of Use (“Terms”), located at blog.rootsy.com/terms, as well as our Privacy Policy, located at blog.rootsy.com/privacy. These Terms govern your use of the Site and all Site Content (defined below), and constitute a binding legal agreement between you and Rootsy.

Terms of Use

By accessing www.rootsy.com (“Rootsy” or the “Site”), you are agreeing to be bound by these Site terms and conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in the Site are protected by applicable copyright and trademark law.

Definitions

“Content” means text, tags, hyperlinks, graphics, images, music, software, audio, video, information or other materials.

“Rootsy Content” means all Content that Rootsy makes available through the Site, including any Content licensed from a third party, but excluding Member Content.

“Member” means a person that completes Rootsy’s account registration process, as described under

“Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site.

“Site Content” means Member Content and Rootsy Content.

Eligibility

The Site is intended solely for persons who are 13 years of age or older. You must be 13 or over to become a Member on Rootsy and/or use the Site.

Account Registration

In order to access certain features of the Site and to post any Member Content on the Site, you must register to create an account with Rootsy (“Member Account”). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current. Rootsy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, including but not limited to misrepresenting your age, or if Rootsy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Member Account is solely for your personal use, and you agree not to authorize others to use your Member Account.

Privacy

See our Privacy Policy at blog.rootsy.com/privacy for information concerning Rootsy’s collection and use of your personal information.

Ownership

The Site and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Rootsy and its licensors exclusively own all right, title and interest in and to the Site and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Site Content.

Site Content

Subject to your compliance with the terms and conditions of these Terms, Rootsy grants you a limited, non-exclusive, non-transferable license, without the right to sub-license, to access, view, download and print any Site Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Site Content except as expressly permitted in these Terms.

Member Content

Rootsy may, in its sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. As a Member, you shall retain ownership of all copyright in Member Content you submit to the Site. However, with respect to Member Content you submit or make available for inclusion on the Site, you automatically grant Rootsy a world-wide, non-exclusive, royalty-free, non-terminable license (including the right to sub-license to third parties) to use, communicate to the public, copy, distribute, publish, play, perform and make adaptations or derivative works of such Member Content in any manner and for any purpose whatsoever, including any commercial or advertising purpose.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all Member Content that you make available through the Site, or you have all rights, licenses, consents and releases that are necessary to grant to Rootsy the rights in such Member Content, as contemplated under these Terms.

Member Content Prohibitions

You agree not to post, transmit, store or otherwise publish through the Site any of the following:

Member Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, discriminatory or otherwise objectionable.

Member Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

Member Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

Member Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or the origin of any Member Content.

Member Content that, in the sole judgment of Rootsy is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Rootsy or its suppliers or users to any harm or liability of any type.

Unsolicited promotions, political campaigning, advertising or solicitations.

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

Viruses, corrupted data or other harmful, disruptive or destructive files.

General Prohibitions

Additionally, you agree not to do the following:

Use this Site or its Content for any commercial purpose.

Use, display, mirror or frame the Site, or any individual element within the Site, the Rootsy name, any Rootsy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.

Access, monitor, copy or download any Site Content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site.

Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

Compromise the confidentiality of your Member Account and password. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

Collect or store any personally identifiable information from the Site from other users of the Site without their express permission.

Encourage or enable any other individual to do any of the foregoing.

Rootsy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Rootsy may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Rootsy has no obligation to monitor your access to or use of the Site or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Rootsy reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Rootsy, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.

Intellectual Property

You agree not to copy, reverse engineer, or attempt to discover any source code, distribute or create derivative works based on the Site, in whole or in part. You agree not to access the Site by any means other than through the interface that is provided by Rootsy for use in accessing the Site. In addition, any software that is made available from this Site, including, without limitation, all code and web controls, are owned by or licensed to Rootsy. Any reproduction or redistribution of this software is expressly prohibited.

Disclaimers

The Site is provided on an “as is” basis and to the extent permitted by applicable law, we disclaim all guarantees, conditions, statements, warranties and representations, whether express or implied, in relation to the Site or the Site Content (including without limitation any warranty of fitness for a particular purpose, non-infringement or that the Site will be fault-free). We do not give any warranty that the Site is free from technical, typographical, or photographic errors, or that the Site is free from viruses or anything else that may have a harmful effect on any technology. We also do not monitor, verify or endorse any Member Content. Any reliance that you place on the accuracy, completeness, currency or reliability of Site Content is at your own risk.

Any liability we may have for any losses or claims arising from an inability to access the Site, or from any use of the Site or reliance on the data transmitted using the Site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the Site, save where such liability cannot be excluded by law.

INDEMNITY

You agree to indemnify and hold Rootsy (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Site.

Third Party Links

Rootsy may run advertisements and promotions from third parties on the Site or may otherwise provide information about or link to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Rootsy is not responsible or liable for any loss, injury or damage of any sort incurred as the result of any such dealings or promotions or from any third party products and services. Rootsy may also transmit necessary personal data to Rootsy partners to facilitate a purchase for a given product or service.

Terms

This Agreement shall remain in full force and effect while you use the Site or retain a Member Account. You acknowledge that Rootsy reserves the right, in its sole discretion, to restrict, suspend, or terminate your account or deny you access to all or any part of the Site at any time, for any or no reason, including but not limited to your violation of any provision of this Agreement and/or any applicable copyright and trademark laws. You agree that termination of your account or restriction on access to the Site may be effected without prior notice, and acknowledge and agree that upon termination of your account or restriction on access to the Site, Rootsy may immediately deactivate and delete all related Member Content, information and files associated with your account, and bar any further access by you to such files and/or the Site. Rootsy is not obliged to preserve, keep, or maintain back-up copies of any Member Content submitted or posted on the Site.

Governing Law

Any claim relating to Rootsy’s Site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Rootsy and you regarding the Site and Site Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Rootsy and you regarding the Site and Site Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Rootsy’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rootsy may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Modification

Rootsy may revise these Terms of Use at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms of Use.

These terms were last modified on August 28, 2012

Contact

If there are any questions regarding these Terms of Use, or would like to make suggestions for improvement, please contact us at family@rootsy.com.