Terms and Conditions
Last Modified: 15th June 2022
Welcome to our Terms and Conditions. Please read this carefully before using our site, services, or products. This is a contract between you and We Are Unforgettable Ltd; the name of the company that we formed to build We Are [...].
We Are Unforgettable Ltd (collectively with its agents, representatives, consultants, employees, officers, and directors, “We Are [...]”, “we”, “us” or “our”) is a limited liability company registered in England and Wales (Company number 379818433).
- Accepting the Terms and Conditions
Please read these Terms and Conditions and our Community Guidelines (collectively, the "Agreement") carefully before using www.weare.xyz (the "Site") and/or other domains, websites, products, applications, mobile applications, services, and/or Content provided by We Are [...] (all of those collectively with the Site, the "Services").
By using or accessing the Services, you agree to be bound by all the terms and conditions of this Agreement. If you don't agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services. We Are [...]’s personalized Services cannot be provided and the terms of this Agreement cannot be performed without We Are [...] processing information about you and other users. Processing of the information you share with We Are [...] is essential to the personalized Services which we provide and which you expect, including personalized Content (as described below), and is a necessary part of our performance of the agreement we have with you.
- Modifications to this Agreement
We Are [...] reserves the right to modify these Terms and Conditions or our Community Guidelines by providing notice to you from time to time. You are responsible for reviewing and becoming familiar with any modifications to this Agreement and we suggest that your return to review the Terms and Conditions and the Community Guidelines periodically.
- USE OF SERVICES
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. We Are [...] retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. We Are [...] may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. We Are [...] may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). We Are [...] may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
We Are [...] is a constantly evolving platform. With new products, services, and features being launched continuously, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings. We can also terminate or suspend any account at any time. We only use that power when we have a reason, as outlined in these Terms and Conditions, and our Community Guidelines.
Limitations on Automated Use:
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of We Are [...] and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by We Are [...] (and only pursuant to those terms and conditions); (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any other user of the Services, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
- Registration, We Are [...] URLs, and Security
As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an "Account"), provide an email address, accept our Terms and Conditions, agree to our Community Guidelines, select a password, and select a name for each uploaded or created family tree (“treename”), which will serve as a default link to your default We Are [...] account of the form app.weare.xyz/[treename].com or weare.xyz/[treename].com (both a "We Are [...] URL"). You must select a different We Are [...] URL for each new family tree you upload or create.
You agree to provide We Are [...] with accurate, complete, and updated registration information, particularly your email address.
It's really important that the email address associated with your We Are [...] account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you must notify We Are [...] immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
For information about how We Are [...] collects, uses, and shares your information, please review our Privacy Notice. By using the Services you agree you have read the Privacy Notice, which describes our collection, use, and sharing (as set forth in the Privacy Notice) of such information.
- Content and User Content
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "User Content" means Content that you or any other user of the Services (collectively, a "User") submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all User Content.
Your Rights in User Content:
Users retain ownership and/or other applicable rights in User Content, and We Are [...] and/or third parties retain ownership and/or other applicable rights in all Content other than User Content.
You retain ownership you have of any intellectual property you post to We Are [...].
User Content License to We Are [...]:
When you provide User Content to We Are [...] through the Services, you grant We Are [...] a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User Content. The rights you grant in this license are for the limited purposes of allowing We Are [...] to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give We Are [...] a right to make substantive editorial changes or derivations.
You also agree that this license includes the right for We Are [...] to make all publicly-posted Content available to third parties selected by We Are [...], so that those third parties can syndicate and/or analyze such Content on other media and services.
An example of what it means to "make all publicly-posted Content available" to a We Are [...] partner for distribution or analysis would be licensing the We Are [...] "firehose", a live feed of all content our users have decided can be made publicly available, to partners who might collaborate in making a searchable historical archive in which it was possible to identify and look through content with a common thread (for example records relating to 1887 Silver Jubilee of Queen Victoria in the town of Stratford upon Avon).
Note also that this license to your User Content continues even if you stop using the Services, primarily because of the social nature of Content shared through We Are [...]’s Services - when you post something publicly, others may choose to comment on it, making your User Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
You also agree that you will respect the intellectual property rights of others and copyrights, and represent and warrant that you have all of the necessary rights to grant us this license for all User Content you provide.
We Are [...] may add its own affiliate code to links posted on We Are [...] at its discretion, provided a user has not previously included their own affiliate code into the applicable link.
An example of what this makes possible is the provision of special offers for accessing 3rd party services via links posted on We Are [...].
Compliance with Community Guidelines:
You agree that you have read, understood and won't violate We Are [...]'s Community Guidelines.
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of User Content from the Services, We Are [...] shall make reasonable efforts to make such User Content inaccessible and cease use of it and, as stated in our Privacy Notice, delete your Account data and / or User Content unless permitted or required to keep this data in accordance with law; however, you acknowledge and agree that: (a) deleted User Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the User Content may not be entirely removed.
- Use of Trademarks
Any use of We Are [...]’s trademarks, branding, logos, and other such assets in connection with the Services shall use We Are [...]’s approved branding and shall be in accordance with the We Are [...] Trademark Guidelines.
- Paid Services
Some of the Services require payment of fees (the "Paid Services", including without limitation, Subscriptions). You must pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular paid for aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
We Are [...] may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable except at We Are [...]'s sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
We Are [...] may change prices for Paid Services it provides at any time. To the extent applicable, We Are [...] will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service offered by We Are [...] prior to the change going into effect.
- Recurring Payments:
Some Paid Services on We Are [...] automatically renew as recurring subscriptions (“Subscriptions”). Subscriptions are charged on a monthly or yearly basis (“Subscription Period”) for the recurring amount shown to you when you enrolled (“Subscription Fee”). If you subscribed during a promotion, used a coupon code, or otherwise received a discount, your Subscription will automatically renew for the full Subscription Fee at the end of the discount period.
By enrolling in a Subscription, you authorize the Subscription Fee (and any applicable taxes) to be automatically charged to your designated payment method at the beginning of each Subscription Period until you cancel the Subscription or payments are otherwise ended because the Subscription was terminated for other reasons.
You must cancel your Subscription at least twenty-four (24) hours before the end of your current Subscription Period in order to avoid being charged for the next Subscription Period.
- Fair Usage
We Are [...] may implement and, from time to time, update a fair usage limit on the amount of data storage a user can utilise on the We Are [...] platform. For users who wish to access additional data storage, we may introduce a subscription alternative so that we can provide this requirement. We may also include in this subscription the ability to create multiple family tree websites from the same account
Use of the We Are [...] platform and related services is currently free and provides ample capacity to create comprehensive family history websites. We also need to be able to cater to users requiring storage of much larger volumes of data, and we must safeguard We Are [...]’s viability to be able to provide and maintain its service in this event.
- Warranty Disclaimer; Services Available on an "AS IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE ARE [...] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We Are [...] makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components; or (e) be entirely secure or that the information you share with us will be secure. We Are [...] also makes no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibility of, the Users providing that Content. No advice or information, whether oral or written, obtained from We Are [...]or through the Services, will create any warranty not expressly made herein.
- Time Limitation on Claims and Releases From Liability (liability waiver)
You agree that any claim you may have arising out of or related to this Agreement or your relationship with We Are [...] must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, We Are [...] and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, We Are [...] (the “We Are [...] Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Users, including those between you and other Users.
The acts of third parties generally (i.e., individuals or entities who are not We Are [...] or a We Are [...] Affiliate), including third party sites and services.
Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to We Are [...] at any venues ("Meetups"), including without limitation claims related to the actions or omissions of any Users or third parties who organize, attend, or are otherwise involved in any Meetups. Unless otherwise expressly disclosed in writing, We Are [...] does not sponsor, oversee, or in any manner control Meetups.
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE [...] AND THE WE ARE [...] AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT We Are [...] HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WE ARE [...] AND THE WE ARE [...] AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
- Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 10 and 12, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party in writing. We Are [...] may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, We Are [...] may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
- Choice of Law and Venue
You and We Are [...] agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and We Are [...] otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes: This Agreement shall be governed in all respects by English law, and you agree that any dispute between us regarding this Agreement or the Services will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
This Agreement, as modified from time to time, constitutes the entire agreement between you and We Are [...] with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with We Are [...]'s prior written consent. We Are [...] may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind We Are [...] in any respect whatsoever. Any notice to We Are [...] that is required or permitted by this Agreement shall be in writing and shall be deemed to have been duly given or made as of the date delivered, mailed or transmitted, and shall be effective upon receipt, if delivered personally, mailed by registered or certified mail (postage prepaid, return receipt requested) to the parties at the following address or sent by electronic transmission to the email address specified below:
We Are Unforgettable Ltd
5 High Green
Cambridge, CB22 5EG