Your E-mail address, name, and mailing address will be used by us to inform you about future events and promotions. The information provided by you to us will not be sold to, or shared or traded with, any third party.
The Website is ©2013 iBiographer.com, LLC (“iBiographer”). The Website is the property of iBiographer.com, LLC and iBiographer.com, LLC grants you a limited license to access and use the Website pursuant to its Terms of Use Agreement.
iBiographer.com, LLC responds to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). iBiographer.com, LLC may remove allegedly copyright infringing materials from the Website, regardless of iBiographer.com, LLC’s liability, upon its receipt of a notice that complies with the DMCA’s § 512, which is located at 17 U.S.C. § 512(c)(3). iBiographer.com, LLC, upon removal of any materials that are alleged to be infringing, will make a good faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).
If you believe that content hosted on the Website or listed within the Website infringes upon your copyright rights, please follow the DMCA steps outlined below:
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.
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:
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.
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.
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.
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.
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.
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:
iBiographer.com, LLC hereby incorporates its Privacy Policy by reference as if full stated here in.
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.
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.
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.
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.
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.
iBiographer.com, LLC adopts this Privacy Policy (“Privacy Policy”) to provide you with notice of its collection and use of personal and personally identifiable information.
iBiographer.com, LLC may collect personal or personally identifiable information from you when you use the Website or when you participate in its associated services, including but not limited to your first name, your last name, your company name, your email address, your physical address, a description of your family origin, a description of your personal life and family relations, images, audio files and videos of personal life events and relationship with other members (collectively “Personal Information”).
A user who creates a biography becomes the “Host User” and owner of the biography and has complete control over the biography
The host user can invite family and friends, both those who are not registered and those that are registered on iBiographer.com, to help them build a biography. If the person is not currently registered, the person would be invited to register. Once registered, they will be able to view and propose changes (add information, comments, stories, upload images, audio, videos, etc.) to the biography or event they are invited to help with.
The recommendations of the invited users are updated only after the approval of the host user.
The host user can any time delete, rearrange and edit information in the biography.
The host user can any time disinvite a guest user previously invited and that will prevent the guest user from viewing the biography.
The host user would decide whether the biography will be private (viewed only by the host user) or shared (invited users can view the published biography) or public (any registered user can view the published biography on the website).
Before a biography can be started the "Host User" needs to obtain permission from the " Individual". If the " Individual" does not wish to have a biography written the "Host User" needs to respect their decision. If the "Host User" does not comply to the" Individual" wishes, the " Individual" needs to follow the following steps:
Discuss with "Host User" to reach an amicable agreement. If a satisfactory agreement has not been reached" Individual" needs to contact iBiographer at info@ibiographer.com.
If a complaint has been received from the " Individual" who does not wish to have a biography written about them, a thorough investigation will occur.
Upon the results of the investigation iBiographer reserves the right to restrict the creation of a biography of that " Individual". In the future to remove the ban iBiographer will need written permission from the " Individual" allowing the "Host User" to write the biography.
You can restrict what information appears on your profile in your account settings.
The name of a registered user remains private and is not searchable. Any biography that is designated ‘Private’ by the host user is not searchable. If a biography is made ‘Public’ by the owner, the name will be searchable and will appear in search results of major search engines. If you wish for the name to remain private, do not make your biography public. Though iBiographer.com, LLC takes the security of your Personal Information very seriously, iBiographer.com, LLC cannot guarantee that its servers and Website are completely secure. iBiographer.com, LLC uses commercially reasonable efforts to protect your Personal Information, but you provide any and all Personal Information at your own risk.
We will not provide any user’s personal information to advertisers or third parties. This includes your email addresses and the email addresses of those you invite. There will be no spamming and you will only receive information, notifications and offers that affect your account.
All data and information stored can only be seen by those invited by the host user. If you are disinvited by the host user, you will not be able to view the biography, data and information stored by the host user. Storage space is based on the billing plan selected by the host user.
Though iBiographer.com, LLC takes the security of your Personal Information very seriously, iBiographer.com, LLC cannot guarantee that its servers and Website are completely secure. iBiographer.com, LLC uses commercially reasonable efforts to protect your Personal Information, but you provide any and all Personal Information at your own risk.
iBiographer.com is intended to be a private family website. iBiographer.com, LLC uses commercially reasonable technical and organizational efforts designed to secure and protect your Personal Information, from accidental loss, unauthorized access, use, alteration and disclosure. However, we cannot guarantee that unauthorized third parties will not overcome those measures or use your personal information improperly. You provide any and all Personal Information at your own risk.
By using the Website, you agree to the terms contained within this Privacy Policy. iBiographer.com, LLC will only collect Personal Information from you when you voluntarily provide such information through your use of the Website.
iBiographer.com, LLC collects Personal Information from users which will include name, email address, postal address, credit card number and related information. While using the services offered by the Website, we also collect your date of birth, date of birth of your family members, relations to other members in your biographies, family tree and your pictures and pictures of your family members. All the information submitted to iBiographer.com, LLC is stored with us, including email and other correspondence information to locate you among all the users. We also collect email addresses of invited users in the course of building biographies and family trees of the users. We collect more Personal Information when you purchase a certain service offered on the Website and post other content through the services. We collect Personal Information related to your transactions with us including information necessary to process payments such as your credit card number.
We protect the privacy of young children as mandated by U.S. law. We do not intentionally collect Personal Information about children under the age of 13. If you are under 13 years of age, then you must not use or access the Website at any time or in any manner or provide any information to the Website. Any information used to create a biography of a child is protected and secure, unless the host user decides to make it public.
By providing Personal Information to iBiographer.com, LLC, you understand and agree that iBiographer.com, LLC will collect and process your Personal Information and you provide your unequivocal consent to the collection and processing of your Personal Information.
iBiographer.com, LLC may use Personal Information collected from you to provide you with the Website or its associated services, to respond to requests of inviting family and friends on the Website, to improve the Website or its associated services, including but not limited to through iBiographer.com, LLC’s analysis of usage patterns, and to communicate with you to update you on iBiographer Website or services.
We may also use the information to process transactions and billing, for identification and authentication purposes, to communicate with you concerning transactions, security, privacy and administrative issues relating to your use of the Website.
Your Personal Information may also be used for any administrative or technical issues regarding our services. Some third parties who provide technical support to our Website like providing web hosting service, search engine optimization etc. may need to access this information from time to time, but are not permitted to disclose it to anyone else.
Except as stated above, iBiographer.com, LLC will not sell, rent, lease or transfer your Personal Information to any individual, business, or government entity except to respond to duly authorized information requests by government authorities, to respond to a duly authorized court order or subpoena, to protect the owner of iBiographer.com, LLC, or to help prevent against fraud or the violation of any applicable law, statute, regulation, ordinance or treaty. Your Personal Information would not be otherwise available to the public.
Some third-party ad servers or networks may provide advertisements on the Website. They usually use technology to send these ads and links directly to your browser that you may see in the iBiographer Website. They automatically receive the IP address of the user and may use other technologies such as cookies, JavaScript or Web Beacons to measure the effectiveness of their ads and to customize their content for you.
We do not provide your Personal Information to any third-party ad servers or ad networks without your consent. But, if an advertiser asks us to display an ad to our visitors and you respond to that ad, the third party ad servers may consider you as their target audience. We cannot control the activities of these third party ad servers and recommend you to understand their privacy policies.
You understand and agree that iBiographer.com, LLC is not responsible for any third party links, content, or communication sent to you from entities or individuals that iBiographer.com, LLC does not own or control. You are advised to review the privacy policies of all third party websites.
iBiographer.com, LLC may collect Personal Information from you through the storage of data files on your computer called “cookies.” These cookies allow the Website to recognize your computer when you revisit the Website. We usually may collect IP address, browser and session information to monitor the Website and ensure smooth functioning.
Additionally, iBiographer.com, LLC may collect Personal Information from you through the use of “session cookies,” which help iBiographer.com, LLC track the pages that you visit during a single use of the Website and ensure that users are not required to re-enter their usernames and passwords upon accessing each page of the Website. These session cookies will expire once you leave the Website.
Your web browser may provide you with the ability to block or limit cookies. If you object to iBiographer.com, LLC’s use of cookies, you are advised to adjust your web browser’s settings accordingly.
Your Personal Information posted by you on the Website may be viewed by the public depending upon the privacy settings you choose. For example, postings to our services are available for viewing by all our visitors unless the host user selects a privacy setting that restricts public access. Please remember that any information disclosed on a non-restricted service becomes public information and may be collected and used by others without our knowledge. You as the host user of the family tree or event or biography can keep your Personal Information private so that no one else can see it. You have the option of sharing the information with limited people like family and friends, who have been invited by you to the Website. You may also wish to make it public to be viewed by any registered user visiting the Website.
When you make your Personal Information public, you may receive unsolicited messages from other parties. Such activities are beyond the control of iBiographer.com, LLC and the coverage of this Privacy Policy. Please be careful and responsible whenever you are online. Although we employ technology and software designed to minimize spam sent to users, we cannot ensure such measures to be entirely satisfactory.
iBiographer.com, LLC may collect Personal Information from you through the use of pixel tags, web beacons or other tracking techniques.
iBiographer.com, LLC may use this Personal Information to gather analytics data, which will be used to tailor the Website to your habits and preferences.
iBiographer.com, LLC uses your non-Personal Information including IP address and Website usage data to improve the Website and add new features and services. To improve our Website, we may track, store and analyze your preferences and Website usage patterns and use it to:
Remember your information so you need not enter it every time you visit the Website.
Offer you personalized content.
Monitor the effectiveness of our marketing campaigns and collect information like number of visitors and pages viewed.
Resolve any technical issues.
Access your information once you log in and use the Website.
Marketing our Website to advertisers and other third parties.
Collect user and member data including demographic and geographic information.
Some other purposes where we do not reveal your personal identity.
iBiographer.com, LLC provides you with the ability to opt-out of its collection of your Personal Information by deleting your Member Account and by ceasing your use of the Website.
You may opt out of receiving email notifications for messages, updates, changes and special offers or other information from iBiographer.com, LLC. You may also opt out of providing your Personal Information to the Website, but then you may not be able to register on iBiographer.com. You can any time update or edit your Personal Information, including Personally Identifiable Information using your account settings.
To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your password and account information at all times.
If iBiographer.com, LLC acquires or sells a business unit or subsidiary, including but not limited to the complete sale of the Website to a third party, your Personal Information may be transferred to a third party. If this happens, your Personal Information will continue to be used consistent with the terms of this Privacy Policy. We may assign or transfer the information collected to a third party in the event that iBiographer is acquired, merged with third party entity or of our bankruptcy, insolvency, reorganization, receivership, or similar situation.
iBiographer.com, LLC undertakes commercially reasonable efforts to protect and secure your Personal Information from accidental loss and from unauthorized access, use, alteration or disclosure. iBiographer.com, LLC processes your Personal Information on computers located in the United States and has adopted procedural safeguards to protect against data theft. iBiographer.com, LLC uses commercially standard and commercially reasonable encryption to ensure, to the extent possible, that your Personal Information is protected from unauthorized disclosure.
Your iBiographer Member Account may only be accessed through the entry of a username and password. You are advised not to share your username and password with any other person or entity. The security and privacy of your Personal Information is of utmost importance to us. We have implemented technical, administrative and physical security measures to protect guest information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Though iBiographer.com, LLC takes the security of your Personal Information seriously, iBiographer.com, LLC cannot guarantee that its servers and Website are completely secure. Despite our best efforts, no security measures are perfect or impenetrable, and no data transmissions over the web can be guaranteed to be 100% secure. iBiographer.com, LLC uses commercially reasonable efforts to protect your Personal Information, but you provide any and all Personal Information at your own risk.
The Website is hosted in the United States and is intended for and directed to users in the United States. The Website and services are void where prohibited. If you are accessing the Website from outside the United States, your use of the Website is governed by U.S. law, you are transferring your personal information to the United States, and you consent to that transfer.
You are responsible for ensuring that your Personal Information is accurate, complete, current and relevant. You have an ongoing duty to inform iBiographer.com, LLC of any changes in your Personal Information related to any of our services.
iBiographer.com, LLC will be providing email, written, hard copy or Website posting notifications such as those required by law or for marketing or other business-related purposes, to users in its sole discretion.
iBiographer.com, LLC reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Privacy Policy.
iBiographer.com, LLC reserves the right to amend, replace or discontinue this Privacy Policy at any time. If iBiographer.com, LLC changes or amends this Privacy Policy, your use of the Website after such a change constitutes your manifestation of assent to the change.
All questions and concerns regarding this Privacy Policy may be directed to iBiographer.com, LLC by emailing info@ibiographer.com
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