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Terms and conditions for usage of Your Folks genealogy site

Before any use or subscription to Your Folks, please review the following terms and conditions which define your rights, responsibilities and benefits as a user of Your Folks.

SUMMARY

The following text summarizes Your Folks terms and conditions. However, the agreement presented after that summary is the prevailing text for legal purposes.

Privacy

Your Folks has a strong commitment to protect its members' personal information. Our Privacy statement is available here.

Limited usage license

You are licensed to use Your Folks content only for personal or professional family history research, and may download Your Folks content only as search results relevant to that research. You may not use that content for any other purpose.

Membership

You are responsible for all usage or activity on Your Folks via your membership. Distribution of your username and/or password to others for access to Your Folks is expressly prohibited and shall constitute a breach of this agreement.

Complementary services

Your Folks gives access to some services for free. Other services, with the generic name "Complementary services", require paid subscriptions or paid fees. Your Folks is free to change the services or the subscriptions and their respective prices.

Payments

Payments by credit card give access to the corresponding services as soon as the payment is accepted. When the payment is made by check or money order, the corresponding services will be available when the payment has been successfully cashed.

Emails

You agree that YourFolks.com will send you emails for information and promotional purposes. If you do not want to receive those emails anymore, you can either cancel your membership or click on Unsubscribe in promotional emails.

Cancellation

When a member wishes to cancel his membership, he can do so online by clicking on MY ACCOUNT. There will be no refund partial or total. The content entered by the member in the Family Tree section will still be available for Your Folks, who will be able to use it, bound by its privacy statement.

Data Quality

Your Folks puts a lot of work to insure data quality. Given the large amount of data included in the database, it is however possible that some data contain errors. Our quality process constantly tracks and corrects as many of those errors.

Modification

Your Folks reserves the right to modify this agreement at any time.

AGREEMENT RELATIVE TO THE USE OF YOUR FOLKS

1. Definitions

Unless otherwise mentioned, the following definitions apply to the whole Agreement:

  1. Your Folks : includes websites yourfolks.com and mesaieux.com, owned by J. T. Recherches inc., a company registered in the province of Quebec (Canada), and whose address is P. O. Box 2191, Saint-Apollinaire, QC, Canada, G0S 2E0
  2. Your Folks users : any person using Your Folks services
  3. Your Folks members: any Your Folks user who signed-up as a member
  4. Content: images, information, data, text and other elements available on Your Folks.
  5. The Service: the set of services offered by Your Folks

2. Your Folks user responsibility

2.1 Limited usage license

You are licensed to use the content only for personal or professional family history research, and may download content only as search results relevant to that research.

You may not use the content for any other purpose. The download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, is prohibited.

Online or other republication of content is prohibited except as unique data elements that are part of a unique family history or genealogy. In any permitted republication of content, reference must be given to J. T. Recherches inc. You may not print, use, copy, reproduce, publish or distribute in any manner any of the content for any other reason without the prior written consent of J.T. Recherches inc.

Any use, copying, reproduction, display, publication, or distribution of the content not expressly authorized hereunder may violate copyright, trademark and other laws. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you. We reserve the right to prevent your further access to the Service for violating the agreement.

2.2 Use by minors

If you are under the age of 18, you may not access nor use this Service, unless you obtain permission of your parent or legal guardian (collectively “Guardian”) and your Guardian has confirmed to us that he or she takes full responsibility for your access and use of this Site.

2.3 Knowledge of the Agreement

Your use of the Service indicates that you agree to and understand these terms and conditions (the "Terms and Conditions") as well as our Privacy statement. If you do not agree to be bound by the agreement, you must not use the service.

We reserve the right to revise the agreement at any time by updating this posting. You should visit this page periodically to review the current agreement. Your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, you must discontinue use of the Service.

2.4 Registration and security

As part of the registration process, you will select a password and username. You must provide J. T. Recherches inc. with accurate, complete and updated registration information. Failure to do so will result in breach of this Agreement.

You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorization; or (iii) use a name that we, in our sole discretion, deem offensive.

You must immediately notify us by regular mail or by email at admin@mesaieux.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Your Folks, its owners or agents, except when you want to cancel your membership.

You are responsible for all usage or activity on Your Folks via your password account. Distribution of your password to others for access to Your Folks 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.

2.5 Location of operations

Your Folks is operated in Canada. Registration as a member or subscriber will result in your customer information being stored and processed in Canada, and you, in registering or subscribing, specifically consent to that storage and processing, in accordance with our Privacy statement. You should review and correct this information regularly.

2.6 Emails

By signing-up, members agree that YourFolks.com will send them emails for information and promotional purposes. If the member does not want to receive those emails anymore, he can either cancel his membership or click on Unsubscribe in promotional emails.

3. Your Folks responsibilities

3.1 Service quality

J. T. Recherches inc. tries to ensure the quality of its service, especially its availability and response time.

3.2 Content quality

J. T. Recherches inc. has implemented processes to give its users a good quality content.

3.3 Privacy

Your Folks has a Privacy statement which is part of this Agreement.

3.4 Subscriptions

When paid by credit card, subscribed services are available as soon as the payment is accepted. For payments by check or mail-order, subscribed services are available 5 working days after the payment is successfully cashed by J. T. Recherches inc.

3.5 Receipts

After a credit card payment, Your Folks displays an internet page constituting the receipt. Your Folks will not send any other receipt confirming that purchase. After certain system errors, it may happen that a receipt cannot be produced.

For payments by mail, no receipt will be produced.

3.4 Limited liability

Although we will try to ensure the accuracy and quality of the service, the service is provided on an "as is basis" and (i) we do not accept responsibility for any use of or reliance on the service or content or for any disruptions to or delay in the service; and (ii) we do not make any representations or warranties regarding the accuracy, reliability, comprehensiveness, completeness, timeliness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the service or content.

Service may be unavailable at any time. Changes are periodically added to the information herein. No representation, warranty, term or condition, express or implied, of any kind, including representations, warranties or conditions of merchantability or fitness for a particular purpose and non-infringement, is offered by us and our third party suppliers in relation to the service or content.

Our aggregate liability for damages incurred as a direct consequence of our breach of the agreement shall be limited to the aggregate amounts paid to us under the agreement in the twelve (12) month period prior to the breach.

Notwithstanding the foregoing, under no circumstances will be liable for any damages (including, without limitation, indirect, incidental, special or consequential damages, lost profits, lost revenue, commercial or economic loss, loss or corruption of, or damage to, data, systems or programs or business interruptions) whether based on contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise), that result from the use or inability to use this site or its content, or for any consequence resulting directly or indirectly from any action you take based on or made in reliance on the content, or on materials or information on other sites linked to this site, even if we have been advised of the possibility of such damages

3.5 Links

Your Folks may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions different from those found here. J. T. Recherches inc. makes no representation, warranty or condition concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from J. T. Recherches inc.

4. Property

Copyright for the content, whether available for free or by subscription, as well as all intellectual property rights relative to the Service, belong to J. T. Recherches inc.

The content entered by a member in the Family Tree section becomes automatically the property of J. T. Recherches inc., who will be able to use it for genealogy purposes. If a member enters offensive content, J. T. Recherche inc. reserves the right to remove it without warning.

Certain words, phrases, names, designs or logos used on the site may be protected as trademarks, service marks or trade names of J. T. Recherches inc. or other entities. Nothing contained on this site should be construed as granting any license or right to use any trademark, logo or design displayed on this site without the express written permission of J. T. Recherches inc.

5. Modifications to this Agreement and to the Service

J. T. Recherches inc. has the right, at its sole discretion, to modify this agreement or the service at any time in order to take account of changes to the service, changes in law or any other reason which J. T. Recherches inc. may deem valid at any time changes to the service will be posted at Your Folks or announced to you via email.

If any portion of this agreement or any change of this agreement of the service is unacceptable to you or will cause you to no longer be in compliance with the agreement, you may cancel your subscription in accordance with Clause 2.3. Continued use of the service now or following posted notices of changes in this agreement means that you have accepted and are bound by the changes.

From time to time, we will email you notices about modifications or additions to the content or the service or about other products or services you might be interested in.

6. Cancellation

6.1 Cancellation by a member

Any member who wishes to cancel his membership can do so online by clicking on MY ACCOUNT. There will be no refund partial or total. The content entered by the member in the Family Tree section will still be available for Your Folks, who will be able to use it, bound by its privacy statement.

6.2 Cancellation by J. T. Recherches inc.

Should you breach this agreement, we will have the right to revoke your license to use the service and suspend your right of access. We will then send you a termination notice by email.

6.3 Cancellation consequences

After a cancellation, all services associated to the implied membership are cancelled, including its subscriptions.

Be it because a cancellation by the member or by J. T. Recherches inc., there will be no refund, partial or total, of any subscription fee.

7. Transfer

We reserve the right to assign or transfer our rights and obligations under this agreement to any person who agrees to assume and comply with all the obligations set out in this agreement. This agreement is personal to you and, as a result, you may not, without the written consent of J. T. Recherches inc., assign or transfer any of your rights and obligations under this agreement.

8. Email communications

J. T. Recherches inc. has no responsibility for email communications, especially if that address ins not exact or because problems in the email system.

9. Miscellaneous

  1. This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, and any disputes in relation to this Agreement shall be heard by the Courts of the Province of Quebec, which shall have exclusive jurisdiction with respect thereto
  2. In the event that any term of this agreement or portion thereof is held to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
  3. Any failure by us to enforce any term of this Agreement shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of this Agreement be taken to be a waiver of the provision or provisions itself.
  4. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of Your Folks.
  5. Official correspondence must be sent via postal mail to: J. T. Recherches inc., P. O. Box 2191, Saint-Apollinaire, QC, Canada, G0S 2E0.

Copyright © 2012 J.T. Recherches inc. | Last update: 2014-11-17