BillionGraves.com Terms of Use

BillionGraves Terms of Use

By using the website located at http://billiongraves.com  (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Otter Creek Holdings, LLC (the “Company,” “we” “our” or “us”) from time to time in its sole discretion. Users signify that they have read, understood, and agree to these terms and conditions set for in this agreement (the “Agreement”) and to the Privacy Policy, incorporated herein. BillionGraves including the name, trademarks, branding, features and functionality is owned exclusively by Otter Creek Holdings, LLC, a Utah Limited Liability Company.  You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

BillionGraves reserves the right, in its sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice.  Continued use of the BillionGraves website or mobile application after such changes constitutes acceptance of the new terms and conditions.  Users who do not agree to abide by these or any future terms and conditions, should not access BillionGraves. It is the responsibility of each user to review these terms and conditions regularly.

Users may access BillionGraves by registering for free and creating an account. By registering as a BillionGraves subscriber, you represent that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your member profile may be deleted without warning if we have reason to believe that you do not meet or maintain eligibility requirements. Users are solely responsible for the activity that occurs on a user’s account, and must keep their account password secure. Users must notify BillionGraves immediately of any breach of security or unauthorized use of a users account. Although BillionGraves will not be liable for  losses caused by any unauthorized account use, users may be liable if their account is used in violation of these terms and conditions.

BillionGraves may contain links to websites owned and operated by third parties that are not owned or controlled by BillionGraves. BillionGraves has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party website. BillionGraves cannot and will not edit or censor content on third-party websites, and users expressly release BillionGraves of any liability arising from use of a third-party website.

User Conduct

BillionGraves hereby grants users permission to use the BillionGraves application according to these terms and conditions.  All users agree that they will use BillionGraves for gathering genealogical research and not for any commercial purpose. BillionGraves does not claim a copyright to images already in the public domain that it has then converted into a digital format.

All users agree that they will refrain from any offensive behavior and that they will not:

  1. use BillionGraves to transmit, upload, post or link to any content that is libelous, defamatory, obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar; that is hateful or racially or ethnically objectionable; or that invades another person's privacy;
  2. post or publish any information that you know is false or misleading;
  3. impersonate any other person;
  4. share your password with any unauthorized person;
  5. post any content that violates the copyright or right of publicity or any other right of another person;
  6. use BillionGraves to harm or solicit personal information from any minor;
  7. post or attempt to post advertisements or commercial solicitations; or
  8. send, post or transmit a software virus or other computer code, files or programs designed to interfere with, disable or destroy the software, hardware or telecommunications equipment of another person. (This list is not exclusive).

BillionGraves prohibits users or any other person from engaging in any activity that BillionGraves, in its sole discretion, determines offensive, interferes with the rights of others, or causes harm to any person, including BillionGraves. BillionGraves reserves the right to terminate the use of BillionGraves to any user who violates these terms and conditions as well as any other remedy that BillionGraves may pursue in the event of a breach of this Agreement.

You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Content, Site, or Services, use of the Content, Site, or Services, or access to the Content, Site, or Services. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

We reserve the right to modify or discontinue the Site or Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse shall be to cease using the Site or Services. Continued use of the Site or Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.

You acknowledge that BillionGraves owns all right, title and interest in and to the services and content including without limitation, the Site, images, and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

YOU AGREE THAT BILLIONGRAVES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTIES ON THE SERVICES AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST BILLIONGRAVES ARISING FROM OR RELATED TO YOUR EFFORTS AS A VOLUNTEER.

TERMINATION
You agree that we, in our sole discretion, may terminate your BillionGraves membership or other use of the Site or Services without prior notice, and remove and discard Your Content from the Site, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.

You may terminate your BillionGraves membership at any time, for any reason, by sending an email to support@billiongraves.com We may terminate your membership for any reason, effective upon sending notice to you at the primary e-mail address you have stored in your BillionGraves profile.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BILLIONGRAVES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. BILLIONGRAVES MAKES NO WARRANTY THAT THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BILLIONGRAVES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR SITE, OR THAT DEFECTS IN THE SERVICES OR SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. BILLIONGRAVES MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES OR SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BILLIONGRAVES OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY; RELEASE

Limitation on Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BILLIONGRAVES OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF LIFE, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND OR SERVICES. The aggregate liability of BillionGraves to you for all claims arising from or related to the Site or the Services is limited to one-hundred dollars ($100).

USER SUBMISSIONS

Users are allowed to upload and post content on BillionGraves website using the BillionGraves apps.

Each user shall be solely responsible for their own submissions and the consequences of posting or publishing them.

By submitting the user submissions, each user hereby grants BillionGraves a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with BillionGraves’ (and its successors' business), including without limitation for promoting and redistributing part or all of BillionGraves in any media format and through any media channel.

By submitting the user submissions, which were directly referred by MyHeritage or its sister companies, each user hereby grants BillionGraves and MyHeritage (and its family of companies) a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submissions in connection with BillionGraves’ (and its successors’ business), including without limitation for promoting and redistributing part of all of the MyHeritage referred user submitted BillionGraves data in any media format and through any media channel.

Users are strongly encouraged to notify us of any offensive, indecent, objectionable or pornographic material on BillionGraves. We will remove any material that we, in our sole discretion, determine violates these terms and conditions, but we make no assurance that content you believe is offensive will be removed.

COPYRIGHT POLICY

BillionGraves does not permit copyright infringement or infringement of intellectual property rights.  BillionGraves will remove all content and user submissions if properly notified that such content violates any copyright protection or infringes on another's intellectual property rights. BillionGraves reserves the right to remove content and user submissions without prior notice. BillionGraves also reserves the right to terminate a user's access to BillionGraves if that person is determined to be a repeat infringer. BillionGraves also reserves the right to decide whether content or a user submission is appropriate and complies with these terms and conditions.
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, please notify our copyright notification division at Otter Creek Holdings Copyright Monitor, 265 N. Main Ste. D #171 Kaysville Utah 84037. 

OUR INTELLECTUAL PROPERTY RIGHTS

Except as set out in this section, the content on BillionGraves, including, without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BillionGraves, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

All Content on BillionGraves, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and personal use only as permitted through BillionGraves. Except as permitted by these terms and conditions, Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Each user agrees not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained through BillionGraves for any commercial purposes. Users who download or print a copy of the Content for personal use, must retain all copyright and other proprietary notices contained therein. Users agree not to circumvent, disable or otherwise interfere with security related features of BillionGraves or features that prevent or restrict use of copying of any Content or enforce limitations on use of BillionGraves or Service or the Content therein.

A SPECIAL CAUTION FOR INTERNATIONAL USERS

By using BillionGraves, users who are not citizens or residents of the United States living within its territories hereby agree that they will comply with all local rules regarding online conduct and acceptable content. International users further agree that they will comply with any local law governing privacy in addition to the privacy laws of the United States when posting user Content. To the fullest extent permitted by law, users consent to the collection and transfer of Personal Information as set forth in our Privacy Policy.

Now, we invite you to enjoy BillionGraves.com--and help build the content using the Billion Graves apps available for Apple-branded and Android-branded mobile devices.