Living Family History (“LFH”) is a web product and service that is provided by Living Family History, LLC. These Terms of Service (“Terms”) govern your access to and use of LFH’s website, products, and services (“Products”). Please read these Terms carefully. By accessing or using our Products, you agree to be bound by these Terms, our Acceptable Use Policy and by our Privacy Policy.

Living Family History is a tool that enables you to create a family history in your own private data storage home (“Data Treasury”). Each Data Treasury will have a benefactor that can configure, post content, share with related family members and otherwise authorize others to view or contribute to the treasury in compliance with the settings selected by the benefactor.

1. Using Living Family History

a. Registering an Account
You may use our Products only if you can form a binding contract with LFH, and only in compliance with these Terms and all applicable laws. When you create your account, you must provide us with accurate and complete information. Failure to provide accurate information may limit the functions and features available and the termination of your account.

b. Payment Information.
In the event that you register for a Data Treasury, we will ask you to submit payment information via one or more third party payment services. We will not collect, retain nor store any payment information. Should you have questions regarding safekeeping of your financial data, please contact the applicable payment provider that you selected at registration.

c. Children under 13
Living Family History is not intended for use by children under 13 unless they have been authorized as a contributor or participant by an adult that has sponsored a Data Treasury. Any attempt to register a account in violation of this provision will lead to immediate termination.

d. Our license to you
Subject to these Terms and our policies and your registration of an account, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products for your personal and educational purposes on your own behalf. Some of our Products may include software that may be downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

2. Your Content

a. Posting content
The Product allows you to post content, including photos, videos, audios, documents, comments, and other materials. Anything that you post or otherwise make available within your Data Treasury is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post.

b. License to your content
Because the purpose of Living Family History is to create and share User Content relevant to your family history or family tree, You grant LFH a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content via the Product solely for the purposes of operating, developing, and providing. We reserve the right to remove User Content for any reason including User Content that we believe violates these Terms or our Acceptable Use Policy. We will not share, disclose or use your User Content or personal information for ANY purpose that has not been expressly approved by you including, without limitation, any sharing or disclosure with third party advertisers or other marketing agency or spammer.

c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, other users that you have approved to receive your User Content when posting (such as a family member) may retain and continue to use, store, display, and perform, any of your User Content that they may have stored in their own Data Treasury(s).

d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Living Family History more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.

3. Copyright Policy

LFH complies with the Digital Millennium Copyright Act. In the event that you feel a work of yours has been reposted or reused in violation of copyright law, please see our DMCA Notice.

4. Security

We care about the security of our users and ask that you keep your username and password in a safe place. While we work to protect the security of your User Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are responsible for any activity that occurs through your account or any accounts of your children that you have authorized and you agree you will not sell, transfer, license or assign your account, username, or any account rights. In the event that you are unable to use or access your account as a result of death or disability, you authorize us to share your user name and password with a user that is a verified direct family member as disclosed in the Data Treasury in order to maintain the account, retain any User Content and provide any relevant payment information so that the Data Treasury is available for continued use.

5. Third-Party Links, Sites, and Services

Our Products may contain links to third-party websites (such as Facebook® or Twitter®), services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Product, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content. Furthermore, any information you post, share or provide to such third party will be governed by their respective Privacy Policies and Term of Use.

6. Termination

We may terminate or suspend this license and your access at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms. Notwithstanding the foregoing, in the event that you have a paid subscription, we will suspend your account if we feel there is cause following written notice and a opportunity to cure such breach. If such breach remains uncured after ten days following transmission of such notice, we will terminate your account without refund. In the event you are able to cure such breach to our satisfaction, at our sole discretion, we will reinstate your account.

7. Indemnity

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless LFH and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

8. Disclaimers

The simple fact is that while we do our best to provide a useful and educational product, we cannot guarantee that there will be errors, that the site will not be down for maintenance, or that User Content you post will not be lost or deleted. For this reason, The Products and all included content are provided on an “AS IS” basis without warranty of any kind, whether express or implied. LFH SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We also know that there are people out there that like to use Products like ours for improper purposes, including posting obscene content. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LFH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PINTEREST’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. Arbitration

For any dispute you have with LFH, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION ABOVE, YOU AGREE THAT DISPUTES BETWEEN YOU AND LFH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You may opt out of this agreement to arbitrate. If you do so, neither you nor LFH can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: [Living Family History LLC, P.O. Box 472 Anoka, MN 55303]

You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with LFH.

11. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Denver County, Colorado or the United States District Court for Colorado, for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

12. General Terms

Notification Procedures and changes to these Terms. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you by sending a notice to the email that you used when registering your account. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LFH without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with us in connection with the Products, shall constitute the entire agreement between you and LFH concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Got Questions or Concerns? Please contact us at the following email: support@livingfamilyhistory.com or mail us at the following address Living Family History P.O. Box 472, Anoka, MN 55303 and we will endeavor to respond to any questions or concerns promptly.

• is sexually explicit or pornographic
• creates a risk of harm, loss, physical or mental injury, emotional distress, or physical or mental illness to yourself, to any other person, or to any animal
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
• violates, or encourages any conduct that violates laws or regulations
• contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets)
• infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships or
• is fraudulent, false, misleading, or deceptive.

You further agree not to engage in any of the following prohibited activities

• Use, display, mirror or frame the Service, any individual element within the Service, the LFH name, trademarks, logos or other proprietary information, or the layout and design of any page, without our express written consent
• Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by LFH or any of our providers or any other third party (including another user) to protect the Product
• To upload content to, or create new links, reposts, or referrals in the Product through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by LFH or other generally available third party web browsers
• Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation
• Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by LFH
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Product
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission
• Impersonate or misrepresent your affiliation with any person or entity
• Violate any applicable laws or regulations
• Request, collect or store username, password, token or any other account authentication information from other users or
• Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy or the Terms of Use.