TERMS OF SERVICE
These Terms and Conditions (the “Terms”) set forth the mutual agreement between TELL STELLA, LLC (“Company”, “we” or “us”) and You as to your rights and responsibilities when you use the Legasync Mobile App, the Legasync Website, or any of the Tell Stella services that link to these Terms (the “Services”). By using any of the Services you are agreeing to these Terms. The Services are operated in the United States of America. Access to the Services is governed by these Terms under the laws of the State of Utah and the United States.
1. PERMISSION TO USE THE SERVICES
You will need to create an account to use the Services. You must provide accurate, complete and current registration information when you register. Please take all necessary precautions to keep your password confidential and to safeguard your account. You must be at least 13 years old to use the Services. If you are between the ages of 13 and 18, you may use the other Services with the permission of your parent or guardian. Children under the age of 13 are not permitted to use any of the Services. We do not knowingly seek or collect any personal information directly from children under the age of 13. If Company becomes 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.
2. ACCEPTABLE USE OF SERVICE
2.2 You acknowledge and agree that the Services are used to upload, download, transmit, view, and otherwise access Content.
2.3 You agree that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not the Company, is entirely responsible for all Content that you upload, download, post, email or otherwise transmit via the Services.
2.4 The Company does not control the content posted via the Services and, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via Services.
2.5 With respect to the Content that you provide, you agree that:
You are solely responsible for the Content you provide;
You have all necessary rights to upload or transmit the Content, and that the Content is not of the type prohibited in Section 3 herein;
You can and will provide Company, upon its request, with any documentation necessary to prove your compliance with these Terms;
Any Content that you have made public or shared by way of the Services may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any information or Content that you have made public.
3. PROHIBITED USES
3.1 The Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Company reserves the right to remove such illegal material from its servers. You undertake not to use the Services to:
upload, post, transmit or otherwise make available any Content on or through any of the Services, any material that is, in Company’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including any material that violates or infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
harm minors in any way;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
Company retains the right to terminate your account if you violate any of the above prohibitions.
3.2 You acknowledge that Company does not pre-screen Content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Services. Without limiting the foregoing, Company shall have the right to remove any content that violates the Terms or which is otherwise in its sole discretion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
3.3 You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, the Services, its users and the public.
3.4 You recognize and acknowledge that the Services and/or products, programming and software used hereunder constitute valuable intellectual property, including but not limited to proprietary formulas, methods, systems, and apparatus, or otherwise trade secrets of Company. You will use your best efforts to protect and keep confidential the intellectual property rights of Company, and agree to make no attempt to copy, decompile, or reverse engineer, alter, or re-engineer, tamper with, or otherwise misuse such code, services, programs, or hardware, etc. received or otherwise accessible via the Services.
4.TERMINATION OR SUSPENSION OF YOUR ACCOUNT
We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms. If your account is terminated or suspended in accordance with this section, you will not be entitled to a refund of any subscription fees.
5. LIMITATION OF LIABILITY
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. THE COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE.
THE COMPANY DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content (including the Services software, service, your connection to the Services or your breach of the terms of these Terms, including, but not limited to:
any injury to any person or property caused by products or services supplied through the medium of the Services;
any material which violates the laws of the United States of America, including but not limited to, the Federal Food, Drug, And Cosmetic Act or any other rule or regulation of the Food and Drug Administration;
any material which infringes the proprietary or intellectual property rights of any third party;
copyright infringement; or
any defects in products sold through the medium of the Services.
The Company shall provide notice to you promptly of any such claim, action or demand and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
8. MODIFICATIONS TO THE TERMS OR TO THE SERVICES
The Company reserves the right to change the Terms at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue the Services temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
9. THE COMPANY’S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or in information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Company or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services service, in whole or in part.
You further agree that any images, text, trade names, product names, audio, video, or other information that you receive from the Company in connection the goods or services provided by the Company is the sole and exclusive property of the Company.Upon termination of the Services service by you or by the Company, you covenant and agree that you will cease all use of any images, text, trade names, product names, audio, video, or other information that you have received from the Company.
The Company does not want to receive confidential or proprietary information from you through the Services or by email. Unless otherwise agreed in writing by an authorized representative of the Company, any material, information or idea you transmit to the Company by any means may be disseminated or used by the Company or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
10. COPYRIGHT AND TRADEMARK NOTICE
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 Company. The Company and its licensors retain title, ownership and all other rights and interests in and to the Services.
11. SERVICES OFFERED BY OTHER COMPANIES
We may offer you the opportunity to purchase services from companies other than Ancestry. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.
12. GENERAL PROVISIONS
The Terms constitute the entire agreement between you and the Company (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services of the Company, third-party content or third-party software.
This agreement shall be governed by the internal laws of the State of Utah, without regard to conflicts of laws. All legal issues arising from or related to the use of the Services shall be construed in accordance with and determined by the laws of the State of Utah. By using the Services, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the Services is the state and federal courts located in Salt Lake City, Utah. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.