TERMS & CONDITIONS

Please be aware we do NOT promise or guarantee Book of Legacy or any memorial here will be online forever.
No person or website can make such a claim. Our website will remain online for as long as we are able to keep it running.

Each memorial is promised to be online for at least one year from the date of creation.

 

Welcome to The Book of Legacy! Thank you for using our Services. These Terms and Conditions (the “Terms”) set forth our mutual agreement as to your rights and responsibilities when you use The Book of Legacy  websites, services, and mobile apps that link to these Terms (the “Services“). By using any of the Services you are agreeing to these Terms. You are also agreeing to comply with our The Book of Legacy community rules, which are incorporated herein by reference. Please read these documents carefully – they contain important information about your rights and your responsibilities when you use the Services.

Your privacy is very important to us. Our Privacy Statement sets forth important information on how we collect, process, use and share your data and is incorporated by reference herein. Please read the Privacy Statement carefully. In particular, you should be aware that we do not share your Information (as defined in the Privacy Statement) with employers, insurance providers, or third-party marketers without your consent, and will not share your Genetic Information with law enforcement unless compelled by valid legal process as described in our Privacy Statement.

 

Important Things for You to Understand When You Use Our Services

• You always maintain ownership of your data, but we need the ability to use your data for the purposes set out in our Privacy Statement and these Terms, and, if you agree to it, in our Informed Consent to Research.
• You may discover unanticipated facts about yourself or your family when using our Services that you may not have the ability to change (e.g. you may discover an unknown sibling or parent, surprising facts about your ethnicity, or unexpected information in public records).
• As we are constantly striving to improve the Services we provide you, your data may be used to enhance our existing user experience or to develop new products and services. Unless expressly stated otherwise, each new feature that we add to the Services will also be subject to these Terms.
• You may at any time request that we delete your data and account, as described in our Privacy Statement.

Our Services are very diverse, so sometimes additional or separate terms may apply. Any additional terms will be specified with the relevant Services, and those additional terms become a part of your agreement with us if you use those Services. Separate terms may also apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these Terms, those special terms will prevail. We are constantly changing and improving our Services, and thus we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether. If you have any questions about these Terms or our Services, please contact us.

 

1. Eligibility to Use the Services

Users of the Services may include unregistered guests, free registered guests or paid subscribers. You may need to create an account to use the Services. To protect your The Book of Legacy account, please keep your password confidential. You must provide accurate, complete and current registration information when you register. The Services are intended for adults in the countries where they are being offered.

Memorial page creation Services: You must be at least 18 years old to purchase a membership on our website. To protect your privacy when you share your information with us, each adult who purchases a subscription must create their own account. In addition, depending on the country where the person is located, such person may also be required to explicitly consent to the processing of sensitive personal information when they activate their memorial page. A parent or legal guardian may activate a memorial page, provide us Personal Information, and send us written consent for that child that is directly managed by the parent or legal guardian.

Other Services: While our other Services are intended for adults, if you are between the ages of 13 and 18, you may use the other Services with your parent’s or guardian’s permission. Children under the age of 13 are not permitted to use any Services. We do not knowingly seek or collect any Personal Information directly from children under the age of 13. If The Book of Legacy becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.

 

2. Your Use of the Services

Requirements for Using the Services: In exchange for your access to the Services, you agree:

• To comply with the The Book of Legacy terms and conditions
• To comply with all applicable laws;
• Not to resell the Services or to resell, reproduce or publish any content or information found on the Services, except as explicitly described in these Terms;
• Not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including with bots, crawlers, spiders, data miners, scraping or other automatic access tools;
• You are responsible for all usage and activity on the Services made via your account; and
• You will contact us if you suspect your account has been breached or used without your authorization
• You agree that your use of this Site and/or services on this Site is subject to all applicable local, state, national and international laws and regulations. You also agree:
• to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Site or any service provided by The Book of Legacy  from the US or the country in which you reside;
• not to host, submit content to or use the Site or its services without the consent of a parent or guardian if you are under the age of 16 (a “Minor”);
• not to use the Site for illegal purposes;
• not to commit any acts of infringement on the Site or with respect to content on the Site;
• not to use the Site to engage in commercial activities;
• not to create or maintain a Memorial Website for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from a Memorial Website, or other material.
• not to attempt to gain unauthorized access to other computer systems from or through the Site;
• not to interfere with another person’s use and enjoyment of the Site or another entity’s use an enjoyment of the Site;
• not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
• not to upload or transmit viruses or other harmful, disruptive or destructive files;

You agree not to Submit any Material that:

• contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
• is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
• unfairly interferes with any third party’s uninterrupted use and enjoyment of this Site;
• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
• is intended primarily to promote a cause or movement, whether political, religious or other;
• contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
• constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
• discloses any personal identifying information relating to or images of a Minor without consent of a parent or guardian;
• infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
• contains viruses or other harmful, disruptive or destructive files;
• harms or is inappropriate for minors to view;
• links to any commercial or other website;
• exceeds 4 minutes in length or duration when played on the Site;
• is not otherwise in compliance with these Terms of Use.

1. User Representations and Warranties. Each time you Submit Material to this Site, you represent and warrant that you have the right to Submit the Material to this Site, which means:
   you are the author of the Material, or you have express permission from the copyright owner to post the Material on this Site; and you have the right to grant The Book of Legacy  the license set out in these Terms of Use; and
   the Material you Submit does not violate these Terms of Use.
2. User License Grant to The Book of Legacy You grant The Book of Legacy , its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to The Book of Legacy  in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize The Book of Legacy  to include the Material you provide in a searchable format that may be accessed by users of this Site and other websites. You also grant The Book of Legacy  and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant The Book of Legacy  the right to use the Material and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you. The Book of Legacy does not claim ownership of Material you Submit to the Site.
3. Disclaimer of Responsibility for Material. You acknowledge and agree that The Book of Legacy  does not control the Material Submitted to Memorial Websites, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. The Book of Legacy  specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Memorial Website, or other Material. In addition, The Book of Legacy does not represent or warrant that any other content or information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. The Book of Legacy  assumes no responsibility or liability for any errors or omissions in the content of this Site.
4. Review, Removal and Change of Status of Material.

The Book of Legacy  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 photos, Memorial Websites or any Material that The Book of Legacy  believes, in its absolute and sole discretion, may violate any of the aforementioned sections. The Book of Legacy  also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any photos, Memorial Websites or Material on the Site for any reason or no reason whatsoever, in its absolute and sole discretion. The Book of Legacy  also reserves the right (at any time and without prior notice) to change the status of a Memorial Website from public access to private access upon complaint by a third party for any reason, in The Book of Legacy’s sole and absolute discretion. In cases in which payment has been made for a Memorial Website that has been removed or altered for reasons other than a breach of 2(A), 2 (B), 3(A) or 3(B) above, The Book of Legacy, will issue a full refund.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by this Site infringes your copyright, you (or your agent) may send The Book of Legacy  a notice requesting that the Site content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The Book of Legacy  to locate the content or Material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The Book of Legacy  suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer

1. Proprietary Rights. You acknowledge and agree that this Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of The Book of Legacy. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Site are ©2018 The Book of Legacy, all rights reserved.
2. Additional Terms Applicable to Your Use of The Book of Legacy

As used in these Terms, the “memorial page creation” refers to the The Book of Legacy  creating a dedicated memorial page for one or more deceased family members/relatives/friends/acquaintances by using the information you provide on the deceased. We require the following: full name and nicknames, date of birth, education, a summary of their lives and accomplishments, pictures or videos, date and cause of death. In addition, you may provide any other information you consider useful in order for your friends and family to easily find the memorial page on our site

The purpose of memorial pages is to help you connect with long lost friends or family members, share the legacy and life of the deceased, process your grief, interact with people who knew the deceased and celebrate the life of your lost ones.

Requirements for Using the The Book of Legacy memorial page services: By using The Book of Legacy Services you also agree:

• You will not resell your The Book of Legacy subscription;
• Any information you provide is accurate to your knowledge
• That by providing a DNA sample or Additional User Information to us, you acquire no rights in any research or commercial products developed by us or our collaborators and will receive no compensation related to any such research or product development; and
• You will not use the information obtained from The Book of Legacy database Services (including any downloaded raw data) in whole, in part and/or in combination with any other database, for any illegal purpose or for any discriminatory purpose or illegal activity.

4. Content Used in the Services

Content: The Services contain photos, videos, documents, records, indexes of content, and other content that are owned by or are licensed to Book of Legacy. We refer to this content as “The Book of Legacy Content.” Except for WebSearch records, which are governed by the third parties that host the records, all Book of Legacy Content is owned by or licensed to us and may be used only in accordance with these Terms. You may use the Content only as necessary for your personal use of the Services or your professional family history research, and download the Content only as search results relevant to that research or where expressly permitted by The Book of Legacy.

 

With respect to The Book of Legacy Content, you agree:

• To keep all copyright and other proprietary notices on any Book of Legacy Content you download or print; and
• Not to distribute, republish, or sell significant portions of any Book of Legacy Content.

Public Domain Content: Some Book of Legacy Content may be in the public domain, and yet also subject to restrictions on reuseYou are free to use a small portion of individual photos and documents that are Public Domain Content, but you must obtain our written permission to use more than a small portion of these collections. If you have any questions about your use of Public Domain Content, please contact us.

Personal Information and User Provided Content: When you use the Services, you provide us with different types of information. For an explanation of Personal Information and a description of the types of Personal Information you may provide to us, see our Privacy Statement. You may ask us to delete your Personal Information as explained in our Privacy Statement. In addition, you may provide us with information that is not considered Personal Information, such as a picture of a tombstone or a story about a relative. In these Terms, we refer to this type of information as “User Provided Content.”

With respect to User Provided Content, you agree that:

• You are solely responsible for your User Provided Content;
• You represent and warrant that you have all the necessary rights to upload or post your User Provided Content and that your User Provided Content complies with the Book of Legacy Community Rules;
• You will provide The Book of Legacy, upon our request, with any documentation necessary to evidence your compliance with these Terms; and
• Any User Provided Content that you have made public or shared (e.g. by including such User Provided Content in a public Book of Legacy memorial page, as part of your public profile in one of the Services or in a public posting on one of our Services) may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any information or User Provided Content that you have made public or has otherwise been shared from the family trees or public profiles of other users.

The Book of Legacy has no responsibility or liability related to User Provided Content. While we do not routinely monitor User Provided Content that is uploaded or posted to the Services, we do reserve the right to do so and to use automated tools that monitor User Provided Content for violations of these Terms, including, the The Book of Legacy Community Rules. We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms, including the Book of Legacy TOS

If you have concerns that User Provided Content posted by other users may infringe your rights, contain illegal material, or violate these Terms please contact us. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here.

Additional User Information. You may voluntarily choose to provide additional information about yourself or your family to us in response to our email surveys, or through the Services (“Additional User Information”). Additional User Information does not include account, profile, payment, or usage details necessary to provide the Services, or any User Provided Content. You may have the option to share your Additional User Information with other users. Any sharing of Additional User Information with third parties is governed by our Privacy Statement.

Ownership of Personal Information, Additional User Information and User Provided Content: You own your Personal Information, Additional User Information, and User Provided Content, but we need certain rights from you to use that information and content. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information (and Additional User Information in order to (a) provide the Services to you and other users, (b) for the purposes described in these Terms and our Privacy Statement, (c) to help our Users discover more about their family histories, and (d) for any other purpose to which you expressly agree, such as sharing with others. Also, by submitting User Provided Content through any of the Services, you grant us a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for us to copy, display, and index your User Provided Content. We will own the indexes it creates. We will also have the right to continue to use your User Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.

Copyright and Trademark Notice: Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership and all other rights and interests in and to all Book of Legacy Content in the Services.

5. Termination or Suspension of Your Account

We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms or, the Book of Legacy Community Rules. In such a case, you will not be entitled to a refund of subscription fees.

You may cancel or terminate your password, account and/or use of any service provided on or through this Site, with or without cause at any time, upon providing written notice to The Book of Legacy. If you cancel or terminate your account or any services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or service immediately ceases. Your notice to The Book of Legacy of cancellation or termination must be sent via email or conventional mail to The Book of Legacy’s address as set forth in these Terms of Use.

The Book of Legacy, in its sole and absolute discretion, and at any time and with or without prior notice to you, may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any services provided on or through this Site for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, The Book of Legacy’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or The Book of Legacy’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Site about another’s right to establish, use, or maintain an account or service on the Site, The Book of Legacy reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.

Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through this Site, you will have no right to any Material or Information you Submitted, and The Book of Legacy may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein including but not limited to any Memorial Website. The Book of Legacy accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any service on the Site, will be terminated at The Book of Legacy’s discretion. You agree that The Book of Legacy shall not be liable to you or any third-party for any termination of your access to any service.

Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this Site (for whatever reason), there shall be no refund of money you paid to The Book of Legacy.

The Book of Legacy does not screen and is not otherwise obligated to screen Material posted to a Memorial Website. The Book of Legacy reserves the right, however, to remove any Material posted to a Memorial Website if said Material does not otherwise comport with these Terms of Use.

6. Modifications to these Terms

We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as described here.

7. Warranty

While we hope you enjoy using our Services, there are things we don’t promise about our Services.

Except as expressly set out in these Terms, we provide the Services and the Book of Legacy Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the Book of Legacy Content, (b) about the specific functionality of the Services, (c) about the quality, accuracy, reliability, or availability of the Book of Legacy Content or Services, or (d) that the Book of legacyContent or Services will be free from viruses or other harmful components.

8. Limit of Liability

We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.

9. Your Indemnity

You agree that you will indemnify and hold The Book of Legacy, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release The Book of Legacy,  from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

 

10. Services Offered by Other Companies

We may offer you the opportunity to purchase services from companies other than The Book of Legacy. Use of those services will be subject to the terms and conditions of the companies offering the services. Please read those terms carefully. We have no responsibility related to any such third-party services.

11. Controlling Law

If you access the Services on our websites in the United States, the laws of the State of Utah and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims brought in the United States will be subject to the jurisdiction of the courts of the State of Utah. If you access the Services on our websites anywhere other than in the United States, the laws of Ireland govern these Terms.

12. Dispute Resolution

We work hard to keep our customers satisfied. If a dispute arises between you and The Book of Legacy, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

For U.S. Customers:

If your dispute is not resolved within 30 days after contacting us, then you and The Book of Legacy,  agree that we will resolve it through final and binding arbitration, with the following three exceptions:

1. You may assert your dispute, if it qualifies, in small claims court.
2. Both you and The Book of Legacy, may bring a suit in court in the state of Utah only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.
3. If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

If you have a subscription and you terminate for our breach after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.

Arbitration Rules: To begin an arbitration proceeding, send a certified letter requesting arbitration and describing your claim to  The Book of Legacy,  Legal Department, 193 Townsend Street, Suite 600, San Francisco, CA 94107. Any arbitration will be conducted by the American Arbitration Association (AAA) under its rules and will be held in the State of Utah.

No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Injunctive Relief: If you use the Services in violation of these Terms, you agree that we are entitled to any injunctive remedy or an equivalent type of urgent legal relief in the appropriate jurisdiction.

This dispute resolution process will continue after you have stopped using the Services.

 

 

For Customers Outside the U.S.:

You agree that the Irish Courts will have exclusive jurisdiction over all disputes (contractual or non-contractual) related to this Agreement. If you are a European Union consumer you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. Nothing contained in this clause shall limit The Book of Legacy’s rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

Additional Dispute Information for EU Members: Information pursuant to Regulation 524/2013: The European Commission provides a platform for Online Dispute Resolution (ODR), available at http://ec.europa.eu/consumers/odr/.

13. Miscellaneous

The Book of Legacy Parties: You are entering into these Terms with a specific The Book of Legacy entity depending on what Service you are using and where you are geographically located. Please see the list of The Book of Legacy entities by Service and geography here. All references to The Book of Legacy, “us” or “we” in these terms refer to the relevant The Book of Legacy entity on that list. We reserve the right to change the The Book of Legacy entity which is a party to these Terms at any time as a result of a corporate reorganization or otherwise.

Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and The Book of Legacy regarding your use of the Services and supersede any prior agreements we may have relating to the Services.

Notification of Changes to the Services: The Book of Legacy may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.

Feedback: If you submit feedback or suggestions about The Book of Legacy or our Services, we may use your feedback or suggestions for any purpose without any obligation to you.

Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of The Book of Legacy, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

If The Book of Legacy is Acquired: If The Book of Legacy or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), The Book of Legacy has the right to share your Personal Information, User Provided Content and Additional User Information with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.

Severability: The unenforceability of any particular section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.

Fair Credit Reporting Act: The Book of Legacy is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL’S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).

These Terms and Conditions were consolidated from separate prior versions. For prior versions of the terms and conditions applicable to the Services, click here.

 

 

Last updated: September, 2018