Terms and Conditions - Revision as of July 6, 2009

Before registering on or using MyCanvas.com, please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of MyCanvas.com.

MyCanvas.com License and Terms and Conditions of Use

MyCanvas.com is an Internet service (the “Service”) owned and operated by Ancestry.com Operations Inc. ("Ancestry.com", "Ancestry", "we", "our" or "us"). "You" or "your" means an adult user of the Service for itself and you as parent or guardian for any minor who you allow to access the Service, for whom you will be held strictly responsible. Your use of the Service indicates that you are bound by this Agreement with us. If you don't agree with any of these terms and conditions, don't use the Service. We may alter this Agreement at our discretion and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, discontinue use of the Service.

MyCanvas.com contains graphics, information, data, editorial, software tools and other content and tools accessible by any registered Internet user. “(the Content)”. All Content is owned and/or copyrighted by Ancestry, or third party providers and may be used only in accordance with this limited use license. MyCanvas.com is protected by copyright both as to the individual element created by us or our licensors and as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

Limited Use LICENSE

You are licensed to use the Content only for personal creation of a MyCanvas project. The download of the whole or significant portions of any Content for any other purpose is prohibited. Online or other republication of Content is prohibited except as elements that are part of a MyCanvas project. Violation of this License may result in immediate termination of your registered access and may result in legal action for injunction, damages or both. You may use access software provided on the Service only while on line and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.

User provided content

Portions of the Service may contain user provided content, to which you may contribute appropriately. For this content, MyCanvas is a distributor only. By submitting content to MyCanvas, you grant Ancestry, the corporate host of the Service, a license to the content to use, host, and distribute that content and allow hosting and distribution of that content, to the extent and in that form or context we deem appropriate. Should you contribute content to the site, you understand that it will be seen and used by others under the license described herein. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations, and the uploading or submission of content by you is subject to the Content Submission Agreement which you should see and agree to in connection with your first attempt to upload content and which may be reviewed here. Ancestry is sensitive to the copyright of others. For more concerning copyright issues, view our corporate policy. We will not edit or monitor user provided content. We do, however, reserve the right to remove any user provided content that comes to our attention and that we believe, in our sole discretion or judgement, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.

LIABILITY DISCLAIMER

The information, products, and services included on this Service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. We and our third party suppliers provide all Content in this Service "AS IS", and without any warranty of any kind.

Ancestry, and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

Ancestry may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties will be subject to terms and conditions different from those found here. Ancestry makes no warranty concerning third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Ancestry.

Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.

REGISTRATION AND SECURITY

1.1 As part of the registration process, you will select a username and password. You must provide Ancestry with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. As you submit information, you understand that the Internet Site MyCanvas.com, is owned and operated by Ancestry.com Operations Inc., incorporated in Delaware, USA. The Site is operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the State of Utah and the United States. Registration as a user of or subscriber to the Site or Service provided on it results in your customer information being stored and processed in the United States, and you, in registering or subscribing, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration. If you are registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the PRIVACY STATEMENT of Ancestry. You may and should review and correct this information regularly. If you reside outside of the United States of America, certain rights and obligations of law may apply.

1.2 You shall notify us by regular mail or by e-mail at support@MyCanvas.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of MyCanvas, its owners or agents.

1.3 You must be 18 years or older to register for use of and make any purchase via this Service.

1.4 You are responsible for all usage or activity on MyCanvas via your password account. Distribution of your password to others for access to MyCanvas is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

2. COMMUNICATIONS BETWEEN MYCANVAS AND YOU.

MyCanvas will send electronic mail to you, for the purpose of informing you of changes or additions to MyCanvas, or of any MyCanvas related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word "unsubscribe" (without the quotes) in the subject line. For further information on our use of member information, see the Privacy Statement on the Service.

3. TERMINATION

Should you breach this Agreement we will revoke your license to use the Service and suspend your right of access.

4. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE.

Ancestry has the right, at its sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service will be posted on MyCanvas.com, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement or of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, your sole remedy is to discontinue use of the Service. Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.

5. MISCELLANEOUS

5.1 This Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Salt Lake City.

5.2 Official correspondence must be sent via postal mail to:
     Ancestry.com
     Attn: Customer Solutions
     360 W 4800 N
     Provo, UT 84604.