Web Site Terms of Use

 

The Mid-Cities Genealogical Society offers this Web site, including all information, software, products, and services available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated here. The Mid-Cities Genealogical Society 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 the Terms and Conditions made by the Mid-Cities Genealogical Society.

 

 

The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to the Mid-Cities Genealogical Society that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use.

 

 

USE THE WEB SITE AT YOUR OWN RISK. THIS 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. THE MID-CITIES GENEALOGICAL SOCIETY MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION, OR REQUIREMENT. Neither the Mid-Cities Genealogical Society 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. No agent or representative has the authority to create any warranty regarding the Web site on behalf of the Mid-Cities Genealogical Society. The Mid-Cities Genealogical Society reserves the right to change or discontinue at any time any aspect or feature of the Web site.

 

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE MID-CITIES GENEALOGICAL SOCIETY 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 THE MID-CITIES GENEALOGICAL SOCIETY 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. 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.

 

 

You agree to defend, indemnify, and hold the Mid-Cities Genealogical Society, its officers, directors, affiliated companies, employees and agents, licensors, and suppliers harmless from and against any and all claims, actions or demands, or liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Mid-Cities Genealogical Society site, or any content, product, or service offered through the Mid-Cities Genealogical Society site, in a manner that violates or is alleged to violate these Terms and Conditions. The Mid-Cities Genealogical Society 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.

 

 

The Web site may contain hyperlinks to Web sites offered by parties other than the Mid-Cities Genealogical Society. Such hyperlinks are provided for your reference and convenience only. The Mid-Cities Genealogical Society does not control such other Web sites and is not responsible for their content; nor does the Mid-Cities Genealogical Society's inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, The Mid-Cities Genealogical Society 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 appearing on this Web site.

 

 

Unless you are subsequently advised otherwise by the Mid-Cities Genealogical Society, 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 and is not in that portion reserved for “Members.” The Mid-Cities Genealogical Society reserves the right to revoke this license generally, or your right to use specific links, at any time. 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. 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.

 

 

Any software that is made available to download from this Web site is the copyrighted work of the Mid-Cities Genealogical Society 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, the Mid-Cities Genealogical Society 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 the Mid-Cities Genealogical Society 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.

 

 

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, 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 Mid-Cities Genealogical Society 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 the Mid-Cities Genealogical Society. Violation of this provision may result in severe civil and criminal penalties.

 

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided that 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 the Mid-Cities Genealogical Society 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:

 

Mid-Cities Genealogical Society
P.O. Box 407
Bedford, Texas 76095

 

 

Trademarks appear on the Web site with the 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.

 

 

The Mid-Cities Genealogical Society 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 of use. If the Mid-Cities Genealogical Society 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, the Mid-Cities Genealogical Society 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.

 

 

The Mid-Cities Genealogical Society will not tolerate copyright infringement of any kind. The Mid-Cities Genealogical Society 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 the Mid-Cities Genealogical Society 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 the Mid-Cities Genealogical Society to locate the material

    your statement of good faith belief that (a) the material infringes your copyright(s), (b) the information provided in the notice is accurate, and (c) under penalty of perjury, you are authorized to act for the copyright owner

    your physical or electronic signature

 

Direct such notice to the Mid-Cities Genealogical Society designated agent for receiving copyright infringement notices:

 

Mid-Cities Genealogical Society
P.O. Box 407
Bedford, Texas 76095

webmaster@txmcgs.org

 

Upon receipt of notice complying with the above requirements, the Mid-Cities Genealogical Society will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.

 

If the Mid-Cities Genealogical Society removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying the Mid-Cities Genealogical Society'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 the Mid-Cities Genealogical Society 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, the Mid-Cities Genealogical Society 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, the Mid-Cities Genealogical Society will replace or enable access to the removed material unless the Mid-Cities Genealogical Society 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 the Mid-Cities Genealogical Society and/or the copyright owner or Web site user.

 

 

The Mid-Cities Genealogical Society may provide chat rooms, message boards, and other public posting areas or interest group forums ("Interest Group Forums") on the Mid-Cities Genealogical Society site. If the Mid-Cities Genealogical Society provides any such Interest Group Forum or if you use an Interest Group Forum, you are solely responsible for your own communications and the consequences of posting those communications. The Mid-Cities Genealogical Society does not assume any responsibility for the consequences of any Interest Group Forum communications on or arising from use of the Mid-Cities Genealogical Society site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

 

In consideration for being allowed to use the Interest Group Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

 

    Do not disrespect the privacy and views of others.

    Do not use the Interest Group Forums for commercial purposes, including the promotion of any specific goods or services.

    Do not post obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal, or knowingly false information.

    Do not post blatant expressions of bigotry, racism or hate, or material 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, or any other material which the Mid-Cities Genealogical Society finds objectionable.

    Do not use the Interest Group Forums for unlawful purposes.

    Do not impersonate another person.

    Do not allow any other person or entity to use your identification to post or view comments.

    Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others.

 

The Mid-Cities Genealogical Society reserves the right to record dialogue in Interest Group Forums. The Mid-Cities Genealogical Society is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to the terms of this Section, the Mid-Cities Genealogical Society may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. The Mid-Cities Genealogical Society reserves the right to remove communications that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms and Conditions. The Mid-Cities Genealogical Society reserves the right (but is not obligated) to delete any communications posted on the Mid-Cities Genealogical Society site, regardless of whether such communications violate these standards for content.

 

Furthermore, the Mid-Cities Genealogical Society reserves the right (but is not obligated) to monitor or disclose any type of posting on the Interest Group Forums for adherence to the Terms and Conditions, if required in the course of normal operations and maintenance of the Mid-Cities Genealogical Society site, or if required to do so by law or in the good-faith belief that such action is necessary to (i) comply with the law or comply with legal process served, (ii) protect and defend the rights of the Mid-Cities Genealogical Society or others, or (iii) act in an emergency to protect the personal safety of our users or the public. THE MID-CITIES GENEALOGICAL SOCIETY HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

 

The Mid-Cities Genealogical Society does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interest Group Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN AN INTEREST GROUP FORUM IS AT YOUR OWN RISK.

 

Any public Interest Group Forum areas are for discussion and debate only. You may not use any Interest Group Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, 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. The Mid-Cities Genealogical Society shall have the right, but not the obligation, to monitor any Interest Group Forum areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by the Mid-Cities Genealogical Society from time to time.

 

By posting messages or other material in any Interest Group Forum areas of the Web site, you are granting to the Mid-Cities Genealogical Society 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.

 

Through your use of the Mid-Cities Genealogical Society Interest Group Forums, you are agreeing to all of the aforementioned Terms and Conditions of use for such Interest Group Forums contained herein.

 

You agree to defend, indemnify, and hold harmless the Mid-Cities Genealogical Society 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 Interest Group Forums or use by others of any Interest Group Forums 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.

Termination of Privileges

 

The Mid-Cities Genealogical Society 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 of use. If the Mid-Cities Genealogical Society 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, the Mid-Cities Genealogical Society 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.

 

 

These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and the Mid-Cities Genealogical Society 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 that 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. The Mid-Cities Genealogical Society 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 the Mid-Cities Genealogical Society. 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.

 

 

The Web site is controlled and operated by the Mid-Cities Genealogical Society from its principal office in the State of Texas, United States of America. The Mid-Cities Genealogical Society 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 the Mid-Cities Genealogical Society to the laws or jurisdiction of any state, country, or territory other than the State of Texas and the United States of America.

 

 

If you have any questions about this privacy statement, the practices of the Mid-Cities Genealogical Society site, or your dealings with the Mid-Cities Genealogical Society, you may contact us at:

 

Mid-Cities Genealogical Society
P.O. Box 407
Bedford, Texas 76095