Terms of use

Introduction
By using the iBiographer website (“Website”), which is owned by iBiographer.com, LLC (“iBiographer”), you accept and agree to this Terms of Use Agreement and the terms contained herein (“Agreement”). By accessing this website or downloading, viewing, using, browsing or submitting any material on it, you agree to the terms and provisions set forth in this legal notice. If you do not agree to them, do not use this website or download its content.
Your use of the Website is subject to the terms of this Agreement and iBiographer.com, LLC reserves the right to discontinue or modify the Website or this Agreement at any time and without prior notice. By continuing to use the Website after a change in the terms of this Agreement, you agree to this change. You are responsible for reviewing this Agreement and any changes thereto.


License to Use Website
Subject to the restrictions contained herein, iBiographer.com, LLC grants you a non-exclusive, non-transferrable, revocable, royalty free and limited license to view, download, email or print individual pages of the Website in accordance with this Agreement and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notices contained in the pages. You cannot use or store the information for any other purpose.
You agree that you will not interfere or attempt to interfere with the Website in any way, including but not limited to through denial of service attacks, spamming, hacking, uploading viruses or exploiting code.
You agree to post, upload, display, publish, distribute, including, but not limited to, images, information, illustrations, lyrics, photos, audio files, poems, videos or text for a biography, family tree or family event. You are prohibited from submitting any material that:
•    is derogatory, vulgar, abusive, contemptible or sexually explicit language, slurs, improper  text or images, inciting sexual, racial or religious hatred or expressions of bigotry, racism, discrimination or hate.
•    is demeaning, libel, salacious, threatening, hateful, false, distorted, deceptive, fraudulent, or unfair, contains exaggerated or unproven statements, violates the privacy rights or right of publicity of any third party.
•    is offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
•    unfairly interferes with any third party’s uninterrupted use and enjoyment of the Services.
•    advertises or promotes any third party products or services or use the Website for any commercial purpose.
•    is promoting a political or religious cause.
•    is copied from any other website or contains copyrighted content like images, lyrics, photos, audio, video, poems, text, or other content without the permission of the owner.
•    inspires violence, illegal acts, violates any right of any individual or entity, violates any local, state, national or international law, rule, guideline or regulation.
•    inspires any criminal activity including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment or stalking.
•    reveals any personal  information of any individual without their consent.
•    infringes any copyright, trademark, patent, trade secret or other intellectual property right.
•    involves the transmission of junk mail, chain letters or unsolicited mass mailing, instant messaging  or spamming.
•    contains viruses or other harmful, disruptive or destructive files.
•    contains harmful or content that is inappropriate for children.
•    links to any commercial or other website.
•    is not otherwise in compliance with this Agreement.


Ownership of Website
iBiographer.com, LLC owns the Website, including all intellectual property or proprietary rights therein, including but not limited to any trademarks, service marks, trade names, design marks, copyrights, patents, trade secrets or confidential information. Except as otherwise provided herein, you are expressly prohibited from reproducing, modifying, distributing, copying, publishing, licensing, creating derivative works of, or selling content and software, publicly displaying, publicly performing, framing, crawling, aggregating or reverse engineering the Website. The forgoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with iBiographer.com, LLC’s robots.txt file.


Ownership of User Generated Content
iBiographer.com, LLC allows you to create user-generated content or upload user-generated content to the Website, including but not limited to your personal information, family history, personal life events, family tree and additional information that may aid iBiographer.com, LLC in fulfilling your requests (“User Generated Content”).
You hereby grant iBiographer.com, LLC a non-exclusive, perpetual, irrevocable, sub-licensable, assignable, worldwide, fully paid and royalty-free license to use, copy, perform, display, create derivative works of, and distribute any and all User Generated Content that you submit to the Website in any form (now known or later developed) for all purposes of the Website.
You warrant that you have all right, title and interest in and to any and all User Generated Content that you submit to the Website and that you submit all User Generated Content to the Website free of liens or other encumbrances. You warrant that the submitted material doesn’t violate any copyrights, trademarks, patents and intellectual property rights.  


Review of User-Generated Content
iBiographer.com, LLC reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety or edit (at any time and without prior notice) any family tree, family events, photos, videos, biographies or any material that iBiographer.com, LLC believes, in its absolute and sole discretion, may violate user conduct, license to use Website. In cases in which payment has been made for a biography, family tree, family event that has been removed for reasons other than a breach of license to use Website iBiographer.com, LLC will issue a full refund.


Third Party Links
When accessing the Website, you may be provided with links to third party websites that iBiographer.com, LLC does not own or control. iBiographer.com, LLC is not an endorser of or responsible for the content of third party websites, and your use of third party websites is at your own risk. It is advisable that you read privacy and terms of agreement policies for that website.


Account Registration
iBiographer.com, LLC may provide you with the ability to register a member account, which may provide you with additional access to areas and features of the Website that are not accessible to non-members (“Member Account”). Your Member Account is protected by a username and password. You acknowledge and agree that you are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Member Account, whether authorized or unauthorized. In the event your Member Account is accessed without your authorization, you agree to immediately provide notice to iBiographer.com, LLC.
You have a duty to ensure that the information that you provide through your Member Account is truthful and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Member Account if and when that information changes. You are expressly prohibited from creating a Member Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not register more than one Member Account and that you will not use your Member Account to interfere with or disrupt a third party’s enjoyment and use of the Website. iBiographer.com, LLC reserves the right to restrict access to, suspend, disable or delete your Member Account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Member Account.
By creating a Member Account, you agree that iBiographer.com, LLC. may contact you by any available means, including but not limited to by email.


Violations/Termination
You expressly agree that you will not use the Website or your Member Account to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended uses of the Website or your Member Account. Specifically, you are expressly prohibited from:
a.    Harassing, stalking or threatening other users or third parties.
b.    Using a robot, spider, scraper or other automated technology to access the Website.
c.    Imposing a disproportionate load on the Website or its server infrastructure, transmitting viruses or otherwise attempting to interfere with the operation of the Website.
d.    Copying any content, photos, videos, user information from the Website without the permission of the host user (see Host privacy terms).
e.    Selling your profile or allowing any third party to use it for advertising or promotions.
f.    Posting content or using the Website without parental guidance or adult supervision if you are younger than 13 years of age.
g.    Posting content like biographies, family tree, family events etc. for any commercial purpose.
h.    Posting or transmitting content that threatens or encourages bodily harm or destruction of property.
i.    Posting or transmitting content that infringes upon the intellectual property rights of other users or third parties.
j.    Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter.
k.    Posting or transmitting content that constitutes false advertising, including but not limited to a violation of Part 255 of the Federal Trade Commission’s false advertising regulations.
l.    Posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.


Privacy Policy
iBiographer.com, LLC hereby incorporates its Privacy Policy by reference as if full stated herein.


Indemnification
You agree to hold harmless, indemnify and defend iBiographer.com, LLC, its officers, employees, agents, successors, from any and all claims, demands, losses, damages, rights and actions of any kind, including without limitation property damage, infringement, personal injury and death, that either directly or indirectly arises out of or is related to your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend iBiographer.com, LLC under the terms of this Agreement will not provide you with the right to control iBiographer.com, LLC’s defense, and iBiographer.com, LLC reserves the right to control its defense regardless of your contractual requirement to defend iBiographer.com, LLC.


Disclaimer of Warranties/Limitation of Liability
IBIOGRAPHER.COM, LLC DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. IBIOGRAPHER.COM, LLC PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
IBIOGRAPHER.COM, LLC WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE WHETHER OR NOT THAT CONTENT IS TRANSMITTED THROUGH MEMBER ACCOUNTS. IBIOGRAPHER.COM, LLC DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER ACCOUNT OR ALTERATION THEREOF. IBIOGRAPHER.COM, LLC RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IBIOGRAPHER.COM, LLC WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT IBIOGRAPHER.COM, LLC CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID FOR THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO IBIOGRAPHER.COM, LLC, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW OF YOUR STATE.


Choice of Laws and Resolution of Disputes
This Agreement will be interpreted under and governed by all applicable local, state, national and international laws and regulations without giving effect to any conflicts of laws principles. You will comply with U.S. law and local laws or rules regarding online conduct and acceptable material. You agree that any claim or dispute that you may have against iBiographer.com, LLC will be exclusively resolved through arbitration.
You and iBiographer.com, LLC agree that arbitration will be the exclusive forum and remedy at law for any disputes arising out of or relating to this agreement or your use of the website, including any disputes concerning the validity, interpretation, violation, breach or termination of this agreement. Arbitration under this agreement will be held in accordance with the most recently effective commercial arbitration rules of the American Arbitration Association. The arbitration proceeding will be decided by a single arbitrator and the arbitrator will decide the arbitration proceeding by applying the laws and legal principles of the federal laws of the United States. The losing party will be required to pay the prevailing party’s reasonable attorneys’ fees. You and iBiographer.com, LLC agree that both parties will be required to be present within United States in order to perform their obligations under this agreement. You and iBiographer.com, LLC agree to submit to the personal jurisdiction of any such arbitrator or arbitration proceeding.


Assignment
You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. iBiographer.com, LLC may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.


Miscellaneous Provisions
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and iBiographer.com, LLC with respect to the Website. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind iBiographer.com, LLC.
This Website is not directed to persons under the age of thirteen (13) and iBiographer.com, LLC will not knowingly collect personally identifiable information from children under the age of thirteen (13). If iBiographer.com, LLC inadvertently collects personally identifiable information, we will delete the personally identifiable information in accordance with its security protocols.
iBiographer.com, LLC and you both agree that any cause of action arising out of or related to the website must commence within one year after the cause of action accrues. Failure to assert said cause of action within one year will permanently bar any and all relief.
All rights not expressly granted herein are reserved to iBiographer.com, LLC.