Terms

1. Definitions

TOU
The Services are subject to these Terms of Use ("TOU").
Privacy Policy
means that the FAMICITY Privacy Policy can be found at https://www.famicity.com/en/privacy-policy.
Personal Account
means personal data relating to a User, including its Credentials, Registration is not required to access all Famicity.com features and Service (s).
Credentials
means the email address as well as any other confidential code or password needed to access to all Famicity.com features and its Service(s).
Registration
means the process that the User must follow on www.famicity.com in order to access the service (s). This Registration leads to the creation of the Credentials and the User's Personal Account.
Service (s) or Web Site
means any or all services provided by FAMICITY and available online on the "Famicity.com" website or via the mobile app on the Apple App Store or the Google Play Store under the name "Famicity".
Famicity.com
means the website, accessible at www.famicity.com or via the mobile application on the Apple App Store or the Google Play Store under the name "Famicity", to access Services subject to these Terms.
FAMICITY
is the company providing the Services and whose contact details appear in Article 7 of these TOU.
User or member
means any natural or legal person accessing the Service (s) to provide Content and / or Personal Account holder.
Visitor
means any natural or legal person accessing the Service (s) for consultation purposes.

2. Purpose of the Terms and current version

The purpose of these Terms of Use is to define the conditions under which Users and Visitors may access and use the Services.

Any person who accesses any of the Services offered by FAMICITY respectfully accepts ,without any reserve, these Terms of Use.

Any User and Visitor is invited to refer to the latest version accessible online on the date of its access to any of the Services. The User is expressly informed that the only version of the FAMICITY Terms of Use is the one which is currently active online on the site Famicity.com, which it recognizes and accepts without restriction, Committing to refer to them systematically before each connection.

The version of the Terms of Use that prevails is available online at the following address: https://www.famicity.com/en/terms. FAMICITY is free to modify, at any time, these Terms, in order to take into account any legal, jurisprudential, editorial and / or technical developments.

FAMICITY est libre de modifier, à tout moment, les présentes CGU, afin notamment de prendre en compte toute évolution légale, jurisprudentielle, éditoriale et/ou technique.

3. Registration & Access

General Terms of Registration for Online Services and Creation of Personal Account

Registration for FAMICITY is free of charge and may be terminated at any time by the user or at the request of the user.

When registering online, the User may use a pseudonym (a fictitious username), however, he / she undertakes not to create a false identity that could induce FAMICITY or third parties in error and not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

To register on FAMICITY you can:

  1. Complete the mandatory fields on the registration form (email, password).
  2. Use your Facebook account. By using this feature, the user agrees that FAMICITY retains certain information on their Facebook account. The user can delete the link between their FAMICITY account and their Facebook account at any time by going to their settings and then "Social networks".
  3. Or use their FamilySearch account. By using this feature, the user agrees that FAMICITY retains certain information about their FamilySearch account. The user can delete the link between his FAMICITY account and his FamilySearch account at any time by going to his settings and then "Social networks".

In all cases, the user will be asked to provide at least their gender, first name, last name and date of birth to ensure the proper functioning of the Service.

In order to register, the user must have read these Terms and the Privacy Policy of FAMICITY and adhere to it without reservation.

In the event that the User furnishes false, inaccurate, outdated, incomplete, misleading or misleading information, FAMICITY may, without notice or indemnity, suspend or terminate the User's Personal Account and deny it Temporary or permanent access to all or part of the Services.

Special conditions for enrollment in the Services by minors

Parents and any person exercising parental authority are reminded that it is their responsibility to determine which Service(s) their minor child is authorized to use and, on the other hand, to monitor his/her use of the Service (s).

Minors are allowed to register on the express condition that they have previously obtained permission from their parents (or the person exercising parental authority) to do so. The fact for them to register implies that they have obtained this prior authorization. FAMICITY reserves the right to request written justification at any time and to carry out any checks as well as to delete any Personal Account from which the minor holder will not immediately return such justification, or possibly within the time limit. FAMICITY will immediately delete any Personal Account, upon receipt by its departments of a parental application to close the Personal Account and related Content.

4. Common operational factors

Obligation of the User relating to his/her Credentials and his/her Personal Account

The User's Personal Account includes its Credentials, entrusted by FAMICITY and placed under the exclusive responsibility of the User. The User agrees to keep them secret and not to disclose them in any form whatsoever. If any of the User's identification elements is lost or stolen, the User must promptly notify FAMICITY, who will immediately cancel and/or update the Credentials concerned.

The User is solely responsible for the use made of his/her Credentials, even if the User pre-registers on his/her computer, his/her mobile phone or on any other type of equipment his/her Identifier, thus allowing the connection to the Services.

Any access, use of the Services and transmission of data made from a User's Account will be deemed to have been performed by the User. Safeguarding the confidentiality of the password entrusted to the User is the sole responsibility of the User. In this regard, the User is required to ensure that at the end of each session he effectively disconnects from the Services, in particular when accessing the Services from a public computer.

5. Description of Services

FAMICITY provides Users with an interactive platform, which includes, but is not limited to, a list of Services such as timelines, photo albums, profiles, comments, Editorial content, information, Personnal Inbox and the ability to create a family tree.

The contents are uploaded by using the User's browser, the mobile applications available on iOS or Android, or by another technical method of data entry. The information provided by a User is only accessible to a third party if it has been added as part of his/her family or friends. The User agrees to moderate his/her comments. His/her profile must not contain any information contrary to public order or morality.

FAMICITY does not guarantee the veracity, probity or honesty of this Content. FAMICITY can not be held responsible for the false declarations made by a User and disclaims any responsibility during meetings between Users following the use of the Service.

All the data transmitted by the User is used for the sole purpose of communicating, via the FAMICITY service, with the members of his/her family and their friends. No commercial use of the data is made by FAMICITY as specified in its privacy policy/p>

The « Story » Service

FAMICITY provides a Digital Content Hosting Service produced by Users, called "History". Each User has the option to publish under his/her full responsibility one or more pages (grouped under the term story) presenting it to his/her family members and / or friends. The User can also, without this enumeration be limiting, write a comment to one of their friends and / or a member of their family since the story on each of the stories that is published.

The User declares to be the owner of all the Contents Associated and presented on his/her Story and that they are free of all rights. Failing this, the User is deemed to have the authorization of the owner of the Rights to publish a Content that he/she would associate with his/her Story. The User may not register or upload Content that infringes the intellectual property rights of other persons, such as texts, images of persons or goods, trade secrets, internal or confidential information, such enumeration not being Restrictive.

Using the Tags feature, users can also publish one or more Content on the story of other Users only if they have been added to the User's family or friends or on the Profile of his/her family tree.

The User may at any time choose to remove the Tags feature so that the Content is no longer displayed on his/her story.

The « Albums » service

FAMICITY provides a Hosting service of digital content produced by the users, entitled "Albums".

The photos are stored using Amazon S3 European services and are subject to special protection (Public key system / private key linked to the Website) to prevent anyone other than Members who are accepted by the User as part of his/her family or friends from viewing his/her photo.

Each User has the possibility to publish under his/her full responsibility one or more photos (grouped under the term of Album). The user can share his/her Album with the members of his/her family and/or his/her friends. The User may also, without this enumeration being limited, write a comment to a friend and/or a member of his/her family on his/her albums or on each of the photos that he/she publishes.

Famicity recommends to each User not to upload images or information concerning other persons without the consent of those persons.

The « Inbox » service

FAMICITY provides a Hosting service of digital content produced by the users, entitled "Inbox".

The Service allows Famicity Users to exchange written messages and may also include photos. These messages can be addressed to the entire community individually or to several people or groups of people with whom the User has a family or friendly relationship.

Each User has the opportunity to write, under his/her full responsibility, one or more messages to family members and/or friends. The User may also, without this enumeration being restrictive, respond to one of his/her friends and/or a member of his/her family for each message they transmit to them.

The User agrees to moderate his/her messages. His/her profile must not contain any information contrary to public order or morality.

The « Import of contacts » service

FAMICITY provides users with a contact import service. This service is provided by a component provided by Cloudsponge. Cloudsponge undertakes not to keep the imported contacts transitioning through its service beyond the time required for the successful completion of the import as indicated in their own terms of use present at: https://www.cloudsponge.com/terms, paragraph 6 "Privacy Obligations".

The « Family Tree » Service

FAMICITY makes available to these users a service to create and modify a family tree.

This Tree is collaborative and can be modified by users who have been invited to join it. Only users invited via the Tree can view or modify the elements of the component. It is thus possible, without being limited, to add new profiles in the Tree, to modify the elements such as dates of birth or death, to upload the new profile picture to the tree.

The « Internal search engine » service

FAMICITY makes a search tool available to users to search for other users registered on Famicity by their name and / or first name.

This feature allows friends or family members to connect to each other.

This search engine is only accessible by users who have a Personal Account on Famicity.com.

By default, any user with a Personal Account on Famicity.com is visible on this search engine.

The user can, at any time, hide in the search results via Settings then "Privacy" and "Search Engine". The user understands that this change can take several minutes to several hours to take effect.

The « GEDCOM File Import » service

FAMICITY provides these users with a GEDCOM file import service to simplify the creation of family trees.

This file format, particularly used in genealogy, allows the exchange of data between systems compatible with this standard.

The purpose of this service is to allow the user to import, on Famicity.com, one or more Gedcom files to create / complete his tree.

The « Import FamilySearch » service

FAMICITY provides users with a FamilySearch account, a service to import their tree, profile photos and stories from Familysearch.org.

At registration, if the user registers using their FamilySearch account, all or part of the tree as well as profile photos and related stories are imported from the Familysearch.org site.

It is also possible to import FamilySearch information from Famicity.com settings when the user has not registered with their FamilySearch account.

Finally, a synchronization feature allows the user to update the information on Famicity.com from the information on the Familysearch.org website at any time.

6. « Legal » aspects

Limitation of Liability

FAMICITY can not be held responsible for the use of the Services by the Users. In particular, FAMICITY can not be held liable in any way for the Contents displayed, posted, sent, received or transmitted by the Users or present on the Third Party Sites.

No advice or information, whether oral or written, obtained by the User of FAMICITY or during the use of the Services are likely to create guarantees not expressly provided for in these Terms.

The User acknowledges being informed and accepts that FAMICITY can in no way be held responsible for the creation, modification, deletion, or failure to receive, transmit, or store of the Users' data, which are the sole and exclusive responsibility of the Users. The User acknowledges that FAMICITY remains free to modify at any time the name of its Online Services, without this constituting an amendment hereof and without this modification being entitled to any recourse on the part of the User.

FAMICITY can under no circumstances be held liable for any interruption of a Service regardless of the cause, duration or frequency of such interruption.

The User declares and acknowledges to be aware that all information, data, texts, software, music, sounds, photographs, images, videos, messages or any other content or material (hereinafter collectively referred to as " Content ") whether publicly disclosed or privately transmitted, are the sole responsibility of the person who issued the Content. The User alone, and not FAMICITY, is solely responsible for the Content that it displays, downloads, sends or transmits in any manner whatsoever by the Services. Except as expressly provided herein, FAMICITY does not control the Content transmitted via the Services and therefore does not guarantee the timeliness, legality, probity or quality of his/her Content. In any event, FAMICITY can under no circumstances be held responsible for the Content, in particular the unlawfulness of the Content with regard to the regulations in force, error or omission in any Content, any loss or damage consequent to the Use of any Content posted, transmitted via the Services. FAMICITY also informs the Users of the risks incurred by them as a result of acts of games performed in violation of the law.

In general, the User agrees to comply with all laws and regulations in force concerning the prohibition of the dissemination of images or pornographic, pedophile, obscene content, or of a nature to seriously impair human dignity.

FAMICITY may, immediately, without notice or indemnity, remove any content that does not comply with these Terms.

Intellectual property and copyright

FAMICITY is the exclusive owner of all intellectual property rights in the structure of the website or has regularly acquired the rights to operate the website without limitation.

FAMICITY grants to the user the right to use the Website and the Service for his/her needs, excluding any lucrative use.

Subject to the rights granted above to the user, it is in particular forbidden to copy, reproduce, represent, modify and / or exploit, in any way whatsoever and for any purpose whatsoever, all or part of the structure And the content of the Service and the Website.

Any download, if not explicitly permitted, is formally prohibited; Any unauthorized downloading that may be found may result in the taking of sanctions by FAMICITY and / or any third party that may prove to be appropriate, in particular in the event of infringement of intellectual property rights.

FAMICITY has filed its website with Copyright France under number 3N3318A. This certificate of deposit is available at this location.

Privacy and personal data of Users

Our privacy policy is detailed on the page: Private Policy

The ownership of the content uploaded by the User will always remain to the User. FAMICITY does not have the right to use, reproduce or modify it without prior consent.

The personal data collected on our website are processed according to the Law of 2 August 2002 on the protection of individuals with regard to the processing of personal data.

Personal data is treated as strictly confidential and will not be disclosed to third parties unless the identity of the recipients was communicated to you during the data collection, and provided that they are only needed to achieve the same objects.

According to the amended Law of 2 August 2002, you have the right to access, modify or object to any processing of your personal data.

When the User deletes his/her Personal Account, for whatever reason, the data relating to his/her account are deleted. However, in accordance with the law certain data may be retained for up to one year.

The system allows the addition of personal data relating to a person and the direct members of his/her family in order to create a complete family tree. This should be noted because the limitations mentioned above are applicable in both directions, ie to people adding their own references as to those adding references to other people.

A person not registered on the Service may contact FAMICITY in order to have his/her data deleted. In this case, an ID may be requested.

No user (registered or not) must violate the FAMICITY security system. Any attempt to do so will mean immediate recourse to appropriate legal action both civil and criminal. Among the most frequent attacks, it should be mentioned without being limited:

  • Test or evaluate the vulnerability of the system or network.
  • Violate security or identification measures without proper authorization.
  • Access data not intended for this user or access FAMICITY through an account or unauthorized access.
  • Prevent or attempt to prevent access to the service to any user by any method: Notably and without being exhaustive through a virus, the saturation of the server and its network, spam or massive sending of emails.
  • Corrupt any information or e-mail, by falsifying the headers of messages or any other type of content.

However, Users of FAMICITY will be held to a series of obligations that they will have to meet at all times, assuming full responsibility for non-compliance. Here are the most significant but not limited:

  • Obligation to inform correct biographical data in line with reality (the opposite would be against the essence of the platform).
  • Obligation not to reveal or share your password with third parties or use your password for any other unauthorized reason.
  • Obligation not to use the system for promotion, indiscriminate distribution or acquisition of members in pyramid programs, activities, multi-level marketing, or affiliated systems, via all our means of communication. FAMICITY reserves the right to eliminate ads infringing this rule and in case of abuse, delete the account of the offending user.
  • Obligation not to share at any time content containing copyright or any other right relating to intellectual or industrial property unless it is the owner of these rights or any authorized person.
  • Obligation not to share at any time content that reveals or may at any time reveal trade secrets, infringe the intellectual or industrial property rights of third parties, or the rights of confidentiality or the likeness of third parties ; Unless it is the owner or any authorized person.
  • Obligation not to share at any time obscene, defamatory, threatening content to another user or any other person.
  • Obligation to be responsible for keeping your data and password secret.

FAMICITY se réserve le droit d'interdire l'accès à un utilisateur, en cas de violation des présentes conditions. Dans ce cas, l'utilisateur sera informé que son accès est interdit au service.

Use of cookies

In order to improve the interactivity and user-friendliness of its site, FAMICITY stores small files on the hard disk of the user's computer. These small files are called cookies. FAMICITY does not store or send any personal information via these files.

The user is informed that he or she can oppose their implementation by following the procedure indicated on their browser but that the website of FAMICITY may not be not exploitable without authorizing their use.

Guarantees

FAMICITY shall endeavor to keep the Service accessible 7 days a week and 24 hours a day, but is under no obligation to do so.

FAMICITY can therefore interrupt access for any reason, including technical reasons. FAMICITY is in no way responsible for these interruptions and the consequences that may result for the user or any third party.

It is recalled that FAMICITY may terminate or modify the characteristics of these services at any time without prior notice.

In addition, the user declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of data and information on the Internet has only relative technical reliability. This data circulates on complex networks with varying technical characteristics and capacities, which disrupt access or make it impossible for certain periods of time.

The service provided by FAMICITY respects the privacy of its users (you only share the people you have designated). Nevertheless, FAMICITY informs and warns the user of the risk of invasion of the privacy of which he/she may be subjected when depositing data on the site (in particular the fraudulent use of his/her data by another user of the site).

The User accepts the fact that FAMICITY or its suppliers can not in any case be held responsible for any material and/or intangible and/or direct and indirect damage of any nature whatsoever and/or arising from the use or the inability to use the Service.

It is up to the User to take all appropriate measures to protect his/her own data and/or software from contamination by possible viruses circulating on the Internet.

FAMICITY can not be held responsible in case of legal proceedings against the Userdue to the use of the Service.

The user is responsible to FAMICITY and/or third parties for any material and/or intangible and / or direct and indirect damage of any kind whatsoever caused by the User by the use of the Service. In particular, FAMICITY can not be held responsible in the event of total or partial hack of the Website and of the damage that this hack may cause to the User or to a third party.

FAMICITY shall not be liable for any use of the Service that is not in accordance with these Terms.

7. Fees and payments

Subscriptions

Famicity offers payment-based subscription plans in addition to the basic free site plan.

All subscriptions are automatically renewing to ensure an uninterrupted service. This means that once you become a subscribing member, your subscription will be automatically renewed and your billing choice will be charged based on the subscription duration unless you opt out or cancel by following the instructions in this Agreement.

Due to US regulations, payment-based subscription plans and purchases are currently not available to residents of the following locations: Iran, Libya, Sudan, Somalia, North Korea, Lebanon and Syria.

1. Opting Out of Renewal

You may opt out of renewing your subscription by logging in and utilizing the “Settings” page or by sending an email to sales@famicity.com. If you do not let us know that you want to discontinue your subscription at least two business day prior to the end of the current subscription period, the payment for the next renewal period of the subscription will be made.

No Refunds. You may cancel your Famicity Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.

2. Free Trial

Free trial subscriptions will be billed only at the end of the free trial period. You may cancel a free trial at any time during the free trial period from the “Settings” page or by sending an email to sales@famicity.com and incur no charge.

3. Payment

We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

If your default payment method ceases to be valid during your Famicity subscription or if the payment is declined for any reason other than a reason for which we are responsible, you have 30 days to provide us with a new valid means of payment. . Otherwise, your subscription will be canceled.

4. Prohibition of transfer or assignment of your registration or your benefits

It is not possible to transfer to a third party your Famicity subscription or any benefit arising from your subscription, except as expressly permitted by these Terms.

5. Prices Subject to Change

Except in the case of monthly subscriptions, each time your subscription is renewed, Famicity informs you by email of the amount billed to you and the next renewal date. Subscription prices can be changed at any time by Famicity. In case of change, the new prices will not affect the next renewal of your subscription, but only the subsequent renewals. Users who do not wish to continue their subscription due to a price change may forego renewal as described in this Agreement.

8. Modifications of those terms

We may revise these Terms from time to time to better reflect:

(a) changes to the law;

(b) new regulatory requirements; or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you do not accept our updates, please close your account before the effective date. If applicable, we will offer you a prorated refund based on the amount you prepaid for the Services and the closing date of your account. By continuing to access or use the Services after the changes come into effect, you agree to be bound by the updated Terms.

9. Legal information

"Famicity.com" website is published by FAMICITY SA, a limited company incorporated under the laws of Luxembourg, with a capital of €227,447, whose registered office is at 244 route d'Arlon - 8010 Strassen - Luxembourg, registered in the Luxembourg Trade and Companies Register under number B209922. Director: Guillaume Languereau. The website is hosted by OVH SAS, www.ovh.com, whose registered office is located at 2 rue Kellermann - 59100 Roubaix - France.

Famicity.com, Famicity.fr, Famicity.org, Famicity.eu, Famillecity.com, Famillecity.fr et Familycity.fr are domains owned by FAMICITY SA.

10. Applicable law

The present general terms and conditions are subject to Luxembourg law, and in the event of litigation, Luxembourg courts will have exclusive jurisdiction.

Last update date: 12 October 2018

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