WHOSYERDAD-E

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WHO'S YOUR DADDY? WIKIGENEALOGY

Collaboratively create, edit and view your family history online using the latest genealogy software.
Administration and privacy functions included.


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Introduction

These terms and conditions set out your rights and obligations, and those of WHOSYERDAD-E, a business registered in Australia under registration no. BN98249511. ("WHOSYERDAD-E", "we" or "us") in relation to this site and the services offered by WHOSYERDAD-E (the " WHOSYERDAD-E Service"), "You" or "your" means a registered user of at least 16 years of age. You will be held strictly responsible where you are a parent or guardian for any minor that you allow to access this Service.


Your registration and use of the WHOSYERDAD-E Service indicates your acceptance to be legally bound by these terms. These terms and conditions and any future amended terms and conditions take effect immediately upon registration. If you do not wish to be legally bound by these terms you must discontinue use of this WHOSYERDAD-E Service.


We reserve the right to change these terms at our discretion from time to time by advising of such amendments on our www.whosyerdad-e.com homepage and posting the amended terms and conditions on the WHOSYERDAD-E Service. Your continued use of the WHOSYERDAD-E Service after changes are posted indicates your acceptance of those changes. If you do not wish to be legally bound by any future amended terms and conditions then you may choose to remain legally bound by the previous applicable terms and conditions until your next membership renewal date.


WHOSYERDAD-E's Role

We provide a website where the WHOSYERDAD-E Service may be accessed and Members can upload family-related information (which they control). Whether you are a Member or a non-Member of the WHOSYERDAD-E Service, you acknowledge that we are not and cannot be responsible for the material provided by Members whether on the WHOSYERDAD-E Service or outside of it. In particular, you should be aware that WHOSYERDAD-E does not generally pre-screen or monitor the material contributed by Members or ensure that it is genuine.


WHOSYERDAD-E is not an Internet service provider. In order to use the WHOSYERDAD-E Service, you must have Internet access and all the software and skills required for email and web usage.


Privacy policy

WHOSYERDAD-E 's Privacy Policy forms part of these terms and conditions. By accepting these terms and conditions, and registering as a member of this Service, you give your consent for your personal data to be stored and processed in accordance with our Privacy Policy. Given the global nature of the World Wide Web, any posting, including but not limited to some or all of the family tree details and/or message board postings you input onto the WHOSYERDAD-E Service, including any which contain personal information, is accessible to be viewed by non-Member internet users around the world who access the relevant information by means of searches conducted through internet search engines and the like.


Registration

Visitors to the WHOSYERDAD-E Service who do not register to become a Member affirm that they are legally bound by these terms and conditions each time they access the WHOSYERDAD-E Service.


Each registration is for a single user only and such registration may not be sold, transferred or granted in part or in whole to any other person or organisation.


By registering with us, you agree to provide complete, accurate and current personal data about yourself, including your correct name and email address, to which you must have complete access, and any other requested details. You may access your personal data details by going to your "My Account" page.


If you change your email address or any of your personal details, you must inform us of the new email address or of changes to your personal details through your "My Account" page.


If you are asked for, and you provide, details of a credit, debit or charge card, you must ensure that you are fully entitled to use that card, and there are available funds sufficient to cover the charges that are deducted from it for this WHOSYERDAD-E Service. It is your responsibility to ensure that your personal data is up to date. We are entitled to rely on the information you provide to us.


You understand that you may not:


select or use a name of another person with the intent to impersonate that person;


use the rights of any person other than yourself without authorisation; or


use a name that we, in our sole discretion, deem offensive.


Non-refundable Membership Cancellation

Registered Members, beyond the regulatory cooling off period, may cancel their registered membership at any time. Should you wish to cancel your membership, you may do so by clicking on the "Contact us" or "Email us" links and entering "Remove Me" in the subject line. You acknowledge and accept that WHOSYERDAD-E will not refund in whole or in part paid membership fees except during the regulatory cooling off period (seven days).


Membership Services

Members are paying members registered to use the WHOSYERDAD-E Service. Members may use the facilities provided by us. Members must have, and continue to have, the express permission of any living person to include their details in a family tree. If a living person does not expressly consent to its details in a family tree, relevant details must be removed. Members are the controllers of the information they input relating to living persons, and therefore have obligations under the privacy and data protection laws. WHOSYERDAD-E may remove all or part of a family tree if so required by any affected third parties or by any governmental or regulatory authority.


Members may:

add all or part of their family tree to the WHOSYERDAD-E Service, using the facilities we make available for doing so;


search for individuals against such criteria as may be required by the WHOSYERDAD-E Service;


receive emailed messages, which will be sent to the email address contained in the "My Account" page (which are provided during Registration and may be updated subsequently), notifying them of contacts sent by Members which can be viewed in the "My Gedview Portal" page on this website.


send email messages to other Members;


view the family tree of other Members where express permission has been given by that other Member.


upload photographs. If any photograph contains the image of a living person, the Member uploading it must obtain the prior consent of that person to the photograph appearing on the


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WHOSYERDAD-E Service, and must ensure the compliance of each such photograph with all privacy, data protection and other laws.


WHOSYERDAD-E may remove any photograph from the WHOSYERDAD-E Service if requested to do so by any affected person or any governmental or regulatory authority.


Membership Fees

If you decide to register to become a Member, and therefore pay our Membership fee, you are agreeing to take the Membership for a subscription period we make available to you following payment of the Membership fee. You have the right to cancel your Full Membership during the seven-day cooling-off period.


The Membership fee will be as indicated on the payment page on the WHOSYERDAD-E Service (and may differ depending on which country you are residing in).


WHOSYERDAD-E reserves the right to change the amount of the Membership fee, the period which it covers, and the services it provides from time to time. Any such changes shall not affect any existing Membership, and shall only take effect at the renewal of such Membership.


You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant WHOSYERDAD-E Service or prior to any fees being taken.


Membership is for a period of twelve months. If you are registered for a twelve-month Membership, you will need to renew it every twelve months to continue benefiting from the Membership.


We may remove all or any part of the services from the WHOSYERDAD-E Service, either on a temporary or permanent basis, without liability to make a refund to you.


Additional services

WHOSYERDAD-E or its affiliates may offer new or ancillary services through the WHOSYERDAD-E Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services may amount to a breach of these terms and conditions resulting in termination of our contract with you.


Such new or ancillary services offered from time to time may require the payment of fees either to us or to a nominated third party on terms that will be provided to you at the time.


Right to Modify the WHOSYERDAD-E Service

WHOSYERDAD-E reserves the right to withdraw or modify aspects of the WHOSYERDAD-E Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the WHOSYERDAD-E Service becomes inaccessible as a result of technical difficulties experienced by WHOSYERDAD-E or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the WHOSYERDAD-E Service. For security or other reasons, we may require you to change your password or other information that facilitates access to the WHOSYERDAD-E Service.


Misuse of the WHOSYERDAD-E Service

We reserve the right to suspend or terminate any Member's access to the WHOSYERDAD-E Service, or parts of it, and/or to remove, or require the Member to remove material posted on the WHOSYERDAD-E Service, if the relevant Member or the material posted appears to us, or to a complainant, to be in breach of any provision of these terms and conditions or any applicable laws, regulations or codes of practice. Any person whose access has been suspended or terminated may not re-register for, or re-access, the WHOSYERDAD-E Service without our prior consent. In addition, we reserve the right to suspend or terminate any Member's access to the WHOSYERDAD-E Service, or parts of it, if that Member is abusive, discriminatory, threatening, or harasses or communicates offensive messages or images to another Member, whether or not through the WHOSYERDAD-E Service. WHOSYERDAD-E Service is not liable where a Member, whose access to the WHOSYERDAD-E Service or parts of it has been suspended or terminated, subsequently regains access to our WHOSYERDAD-E Service through no fault of WHOSYERDAD-E and/or in breach of these terms and conditions.


Relevance

Members undertake not to:


include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the WHOSYERDAD-E Service. Full Members and the recipients of their emails can share this information, should they wish, once direct contact has been made;


place material on, or otherwise use, the WHOSYERDAD-E Service for any business or commercial purpose; or


use access to the WHOSYERDAD-E Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).


Prohibitions

You are responsible for any postings and other actions carried out on or through the WHOSYERDAD-E Service while your Membership account is logged into the WHOSYERDAD-E Service, or through your email address(es). You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the WHOSYERDAD-E Service, nor any activity or communication you make in connection with any WHOSYERDAD-E Service, will be capable of infringing the intellectual property or other rights of any person or entity, breaching any applicable law, regulation or code of conduct, whether criminal, tortuous or otherwise, or appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.


Reporting Abuse

If you see anything on the WHOSYERDAD-E Service that appears to infringe these terms and conditions, please contact us here. We do not generally monitor material contributed by Members before it is placed on the WHOSYERDAD-E Service, and so we are reliant upon users to point out any material that infringe these terms and conditions.


Disclaimer and Release

WHOSYERDAD-E has no control over or responsibility for the truth or accuracy of any material available on the WHOSYERDAD-E Service, whether provided by Members or others. Unless stated otherwise, if any third party site is linked from the WHOSYERDAD-E Service, this does not mean that we endorse or have any responsibility for the site in question or anything that appears on it.


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Such sites are outside our control and influence and are not therefore covered by these terms and conditions. If you access other sites from our website, WHOSYERDAD-E makes no warranty concerning such third party sites and you agree that any recourse for dissatisfaction or problems with any goods or services obtained through the third party site will be sought from the third party provider and not from WHOSYERDAD-E.


You release WHOSYERDAD-E, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the material included on the WHOSYERDAD-E Service by Members and other third parties.


You should exercise no lesser degree of caution in appraising what you see on the WHOSYERDAD-E Service than you do offline.


Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people might not necessarily be who they say they are. Please note that, if you make your tree available to other Members, they may take entries from your tree and put them into their tree (even if you do not wish them to). WHOSYERDAD-E does not have any liability in this event. However, you must always have permission to include any living individual's details in your tree.


Your use of the WHOSYERDAD-E Service is entirely at your own risk.


Intellectual Property

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the WHOSYERDAD-E Service (but excluding any material which is contributed to the WHOSYERDAD-E Service by Members) are owned by WHOSYERDAD-E. You may not copy, distribute, show in public or create any derivative work from the WHOSYERDAD-E Service, or any of the material that is found on the WHOSYERDAD-E Service unless you have received our written prior consent.


By submitting or posting any material to the content of the WHOSYERDAD-E Service, you:


are representing that you are fully entitled to do so and that the material will not infringe any third party rights, any applicable laws, regulations or code of conduct;


grant us a non-exclusive, royalty-free, non-terminable licence to use, copy, and distribute that material on the WHOSYERDAD-E Service; and


authorise us to modify and amend the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.


Excluded Loss

We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these terms and conditions or otherwise). WHOSYERDAD-E will also not be liable for any failure to perform any of its obligations under these terms and conditions caused by matters beyond its reasonable control.


Maximum Liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of WHOSYERDAD-E under these terms and conditions will not under any circumstances exceed an amount equal to the Full Membership fee payable for a twelve month period at the time liability arises, or (if greater) the sums paid by you to us under these terms and conditions during the twelve month period prior to the date when liability arises.


Non-excluded Liabilities

Nothing in these terms and conditions limits WHOSYERDAD-E's liability for death or personal injury resulting from our negligence, or any other liability that may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.


Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these terms and conditions by you or through a machine on which you access the WHOSYERDAD-E Service.


Assignment

We reserve the right to assign this agreement, and to assign or subcontract any or all of our rights and obligations under this agreement. You may not without the written consent of WHOSYERDAD-E assign or dispose of this agreement.


Entire Agreement

This agreement includes our privacy policy. Together they contain the whole of the agreement between us and you, concerning the WHOSYERDAD-E Service, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us.


Third Party Rights

A person who is not a party to this agreement has no right to rely upon or enforce any term of this agreement.


Severability

In the event that any term of this agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.


Law

These terms and conditions shall be governed by and interpreted and construed in accordance with the laws of Australia.


Keeping this Agreement

We don't separately file the individual agreements entered into by members when they register for the WHOSYERDAD-E Service. You can access it at www.whosyerdad-e.com. Please make a durable copy of these terms and conditions by printing and/or saving a downloaded copy on your own computer.


Complaints

Complaints may be reported to us through our "Contact us" or "Email us" links on this website. We will reply to all complaints within 5 working days.


Contact

You can contact us through our "Contact us" or "Email us" links on this website.





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