Terms and Conditions - Virginia Genealogical Society

Virginia Genealogical Society (“VGS”) offers this Web site, including all information, software, products and services available from the Web site or offered as part of or in conjunction with the Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. VGS reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to these Terms and Conditions made by VGS. Accessing the Web site, in any manner, whether automated or otherwise, constitutes use of the Web site and your agreement to be bound by these Terms and Conditions.

Personal, Noncommercial, and Nontransferable Use

You agree that your access to the Web site, certain portions of which are restricted to certain classes of VGS members, is for your personal, noncommercial and nontransferable use. You are not allowed to reproduce, forward, barter, resell, assign or otherwise transfer in any way your personal access rights. As a condition to your continued use of the Web site, you warrant to VGS that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions. Any members-only portions of the Web site are for the use of VGS’ individuals and family members only, and others (including institutional members or persons obtaining access through institutional members) are not authorized to use these portions of the Web site reserved for individual and family members.

No Warranties

USE THE WEB SITE AT YOUR OWN RISK. THE WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. VGS MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THE WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed by the Web site or available through links on the Web site. Neither VGS nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available on the Web site. We are not responsible for the availability or content of other services that may be linked to the Web site.
Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to the Web site, we do not guarantee or warrant that the Web site or materials that may be downloaded from the Web site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Web site and any materials available through the Web site, you do so solely at your own risk. No agent or representative has the authority to create any warranty regarding the Web site on behalf of VGS. VGS reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VGS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO VGS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEB SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. Because some states
do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification

You agree to defend, indemnify and hold VGS, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Web site, or any content, product or service offered by you through the Web site, or any content or information furnished by you to the Web site, in a manner that violates or is alleged to violate these Terms and Conditions. VGS shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Featured Links and Advertisements

The Web site may contain hyperlinks to web sites offered by parties other than VGS. Such hyperlinks are provided for your reference and convenience only. VGS does not control such other web sites and is not responsible for the privacy practices or the content of such web sites; nor does VGS’s inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with VGS (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on the Web site, VGS does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on the Web site.

VGS does not disclose your personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to VGS’s control. To ensure protection of your privacy, always review the privacy policy of the web sites you may visit by linking from the Web site.

Responsibility for Your User Name and Password

To use certain member or other features on the Web site, you will need a user name and password, which you will receive through the Web site’s registration process. Members’ features on the Web site will normally be restricted to use by individual and family members of VGS, not institutional members. We reserve the right to reject or terminate the use of any user name that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any user name or account, or to deny access to the Web site or any features of the Web site, to anyone who violates these Terms and Conditions or who, in our sole judgment, interferes with the ability of others to enjoy the Web site or infringes on the rights of others. Any such restriction of a member’s rights shall not entitle a member to any reduction or rebate of membership dues or give rise to any claim against VGS. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We can not and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Payment Obligation and Credit Card Authorization

You agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. If you purchase goods or services from VGS or through the Web site, you authorize VGS’s payment processor(s) to charge the user’s credit card (or other approved facility) for the goods or services, which may include membership access to certain portions of the Web site. Payment for the appropriate services will be made by automatic debit to the user’s credit card (or other approved facility). You may not assign or transfer your account to any other individual or entity. You must have reached the age of majority in your jurisdiction in order to register.

Payment must be made by a major credit card, checking account or phone charge accepted by VGS’s payment processor(s). If VGS does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by VGS. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT VGS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

VGS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY VGS, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT VGS. VGS MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA E-MAIL. IF ANY SUCH CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT, AS PROVIDED BELOW. YOUR CONTINUED USE OF YOUR ACCOUNT FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

You must promptly inform VGS of any of the following: changes in the expiration date of any credit card used in connection with your account; changes in home or billing address; and apparent breaches of security, such as loss, theft or unauthorized disclosure or use of an account or password. Until VGS is notified by e-mail of a breach in security, the user will remain liable for any unauthorized use of his or her account, and for any charges that accrued to his or her account.

Cancellation of Account

You may terminate your account by contacting VGS at any time. When termination is requested, your credit card (or other approved facility) will not be renewed and further credit card access will be terminated on the expiration date. Termination of your account shall not relieve you of any obligations to pay accrued charges. No refunds will be given of any membership dues.

Software Available on Web Site

Any software that is made available to download from the Web site is the copyrighted work of VGS and/or its suppliers. Your use of the software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such end user license agreement. For any software not accompanied by an end user license agreement, VGS hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by VGS in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, upload, post, exploit, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the Web site may be reverse- engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of VGS. Unless you are subsequently advised otherwise by VGS, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. VGS reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. In addition, these files may not be used to construct any kind of database. Under no circumstances may you “frame” the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Violation of this provision may result in severe civil and criminal penalties. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from VGS or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:

VGS
PO Box 626
Orange, VA 22960 email: admin@vgs.org

Trademarks

“Virginia Genealogical Society” and “VGS” are trademarks of VGS and are protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.

Termination of Privileges

VGS reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If VGS receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, VGS may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site. You acknowledge that any membership or other fees you may have paid to access certain portions of the Web site are not refundable, in whole or part, upon such termination.

Copyright Infringement

VGS will not tolerate copyright infringement of any kind. VGS does not, however, monitor user- submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending VGS notice that includes all of the following information:

your full name, address and telephone number;
your e-mail address;
identification of the copyrighted work(s) that you believe is being infringed;
identification of the infringing material and information sufficient for VGS to locate the material;
your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate, and (c) under penalty of perjury, you are authorized to act for the copyright owner; and
your physical or electronic signature.

Direct such notice to VGS’s designated agent for receiving copyright infringement notices:

Virginia Genealogical Society
Attn: Peter E. Broadbent Jr. Christian & Barton, L.L.P.
901 E. Cary Street, Suite 1800
Richmond, VA 23219
phone: (804) 697-4109
fax: (804) 697-4112
e-mail: pbroadbent@cblaw.com

Any personal information you provide in your notice will be used only for purposes related to your notice. Upon receipt of notice complying with the above requirements, VGS will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site. If VGS removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying VGS’s designated agent in writing and including the following information:

your full name, address and telephone number
your e-mail address
identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia (where VGS may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
your physical or electronic signature

Upon receipt of a notice meeting the above requirements, VGS will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, VGS will replace or enable access to the removed material unless VGS receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to VGS and/or the copyright owner or Web site user.

User Content

VGS may allow you to upload, post, transmit or otherwise provide content to the Web site, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the Web site (“User Content”). You agree that you are solely responsible for any communications and any content provided through your account.

Rules Governing User Content. In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the Web site shall constitute a material breach of these Terms and Conditions:

Do not disrespect the privacy and views of others, or use the Web site to stalk or harass another;
Do not use or provide User Content for commercial purposes, including but not limited to the promotion of any specific goods or services;
Do not provide User Content that is harmful to minors in any way;
Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening or illegal User Content;
Do not provide User Content that is false or misleading;
Do not provide User Content containing expressions of bigotry, racism or hate;
Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;
Do not provide User Content that infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
Do not provide User Content that violates the privacy or publicity rights of others;
Do not provide User Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, as amended; and
Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.

Respect the Intellectual Property Rights of Others. You may not post or transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. VGS shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by VGS from time to time.

VGS’s Right to Remove User Content. VGS does not assume any responsibility for the consequences of any user-generated or contributed content on the Web site. If notified by a user of communications that are alleged not to conform to the rules set forth herein, VGS may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. VGS reserves the right to remove communications that fail to conform to these Terms and Conditions. In addition, VGS reserves the right (but is not obligated) to delete any User Content posted on the Web site, regardless of whether such communications violate these Terms and Conditions. Under no circumstances shall VGS have any liability for its removal of User Content, with or without cause.

VGS’s Right to Use User Content. VGS reserves the right to record, re-purpose or re-publish User Content on its Web site, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to VGS and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Responsibility for User Content. You agree to defend, indemnify and hold harmless VGS and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or contributed content or use by others of any User-generated or contributed content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.

NOTE TO USERS. VGS does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.

Termination of Privileges

VGS reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these Terms and Conditions. If VGS receives notice or otherwise discovers that you have posted material that potentially infringes another party’s copyright or trademark rights or potentially violates another party’s rights of privacy or publicity, or the rules governing User Content, without making any determination as to the merits or accuracy of such allegations, but to avoid potential controversy, VGS may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site. In the event that VGS terminates your access to the Web site, you will continue to be bound by these Terms and Conditions as in effect as of the date of such termination.

General

These Terms and Conditions (including the privacy policy hereinafter set forth, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and VGS with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. VGS reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by VGS. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction

The Web site is controlled and operated by VGS from its principal office in the Commonwealth of Virginia, United States of America. VGS makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject VGS to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.