User agreement

RFolks.com (hereafter 'the Website') is an online service for collaboratively building family trees and sharing information between people with whom a connection has been created. The Service is owned and operated by Cornwell (hereafter 'we', 'our' or 'us'). The service is used by individuals over the age of 14, (hereafter 'you') who accept the Terms and Conditions (hereafter "The Agreement") listed herein.

Use of the service

Using the Website means you agree to enter into an agreement with us based on the Agreement. This includes using the WebSite without creating a user account.

If you do not agree with any provision in the Agreement, do not use the Service and/or the Website.

We reserve the right to modify any provision hereof from time to time, in our sole discretion, and such modification shall be effective immediately upon its posting on the Website. You agree to be bound to any changes to this Agreement if you continue to use the Service after any such modification is posted.

You may use the Service and any software provided by the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with such software that it is made available for offline use and a license for that use is provided in connection with that software.

Limited Use License

You are hereby granted a license to use the WebSite solely for personal use, and subject to the terms and conditions of this Agreement (the "License").

The WebSite is not intended nor licensed for any commercial use.

We reserve the right to cancel any or all of the Service at any time.

Downloading any or all portions of any functionality of the Service, or any part of the public areas of the Service, is prohibited. Online or other republication of content in the public areas is prohibited.

Violation of this License may result in the immediate termination of your access to the WebSite and may result in legal action for injunction, damages and/or any other equitable relief.

Liability Disclaimer

All information, products, and services provided on the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.

The Service and the Website are provided to you "as is", and without any warranty of any kind, expressed or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title and non-infringement and satisfactory quality.

We and our third party suppliers make no representations concerning the suitability, reliability or accuracy of the content provided by the Website for any purpose. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

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

You undertake to indemnify us, our employees and directors and any third party acting on our behalf for and against any claim, damage, lawsuit, loss of profit and expense (including legal fees) incurred as a result of your breach of this Agreement.

As part of the registration process, you will submit your email address, full name and select a password. You must provide us with true, accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name or email address of another person with the intent to impersonate that person; (ii) use the name or email address of any person other than yourself without authorization; (iii) enter an untrue birth year or birth date for yourself; or (iv) use a name or email address that we, in our sole discretion, deem improper or offensive.

You shall notify us by regular mail or by email at support@rfolks.com of any known or suspected unauthorized use(s) of the WebSite, or any known or suspected breach of security. You are responsible for maintaining the confidentiality of your password and we will not require you to reveal your password to any of our representatives.

Services made available on the WebSite

The WebSite provides the following services:

to add people to a graphical representation (hereafter "family tree") indicating their name and their relationship with yourself or other people in your family tree
to print your family tree
to generate and print family trees starting from any other person that is in your tree
to invite people in your tree to become users of the WebSite and to access your tree with either read/write or read only access under the understanding that these users will in turn be able to add other people to their tree who in turn will also be able to access your tree
to add visual and textual information about a person in your tree that will be accessible to other users that have access to your tree.
to add contact information that will be not be directly visible to other users but that can be used through services available on the WebSite to enable auser to contact another user

Your responsability for content that you add

When you add any content, you are responsable for ensuring that this content cannot be considered illegal or unsuitable and would not bring prejudice to any person if it was to fall into the wrong hands. Though we do not monitor content added by users, we reserve the right to remove any content which, in our sole discretion, breaches this Agreement.

If we receive a complaint about user-provided content we reserve the right to delete that information.

By way of illustration, and without limitation, you shall refrain from posting, transmitting, sending or otherwise making available, through or in connection with the WebSite, any of the following:

Photographs and other content which include nudity, sexuality, pornography, indecency, vulgarity, violence and/or any offensive subject matter.
Any content which may violate the privacy or breach the confidentiality of other people, including members in your family tree.
Any photos or email addresses of living individuals (other than your own), if done without their consent. Any information relating to minors, which identifies them, their personal details or their address and other means of communication with them, without the direct consent of their parent or guardian.
Any content which does not belong to you or which you do not have a right to use.
Any content that impairs and/or infringes the property or other rights of others, including copyrights and trademarks. We are extremely sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, even if submitted to a site of which you are a regsitered user, belongs to its creator or submitter and you should not reproduce it without permission of the owner.
Any content which is obscene, indecent, defamatory, derogatory, fraudulent, degrading, abusive, hateful, false, misleading, inaccurate, untrue, malicious, offensive, harassing, threatening, or incites racial, religious or ethnic hatred.
Any content that causes anyone alarm, annoyance, anxiety, embarrassment, offence or distress. Any content that could prejudice any active legal proceedings of which you are aware; is unlawful or promotes or teaches unlawful activity. Any computer virus or other malicious or harmful code.
Any content that violates our Vie privée.

Rules to respect when you use the WebSite

In your use of the WebSite, you agree not to:

Impersonate anyone else or otherwise misrepresent your identity or status.
Stalk or harass or make persistent or regular contact with other users without their consent or encouragement or after any consent or encouragement has, expressly or impliedly, been withdrawn.
Send commercial emails, SPAM emails, unsolicited bulk mail or any other email which may harass its recipient.
Use our Website or Service in a way that might damage our name or reputation. Restrict or inhibit any other person from using the Website or Service.
Exploit for any commercial purposes any portion of, use of or access to the Website.
Perform any activity that requires any form of payment from other users
Advertise or offer to sell products or services, except where this is expressly permitted by us and by law (in which case you must comply with any terms relating to such activities that we specify).
Include links on our Website or Service to third party websites without our express prior written consent, you must not copy or store electronically all or part of our Website or its contents, or make available, distribute, sell or offer to sell all or any part of the Website or its contents, or systematically download content and data from or through the Website to make or populate another database for any purpose.
Scraping, crawling and/or harvesting of any data and any pages from the Website without our explicit prior written consent is strictly prohibited.

Any activity in the framework of the Website, that is brought to our attention and is in violation of applicable law, as determined in our sole discretion, will be brought to the attention of the proper authorities.

Guidelines to using the WebSite

The WebSite is a place where users share their content with other users. This may create conflicts between users. When using the WebSite you agree to comply with the following guidelines:

Obtain permission from living family members before uploading information about them to a family site
Only accept requests to merge your family tree with another user's after conducting due diligence on the other user's identity
Report any dysfunctions using the forms provided