Terms and conditions for usage of YourFolks.com genealogy web site

The following text sets out the terms and conditions for the YourFolks.com website (the “Terms”). These Terms are a legal, binding agreement between you and J.T. Recherches inc. (“we”, “us”, “our” or “Your Folks”), the owner of the YourFolks.com website (the “Site”) and the provider of the Site content and other products and services accessible from the Site (collectively with the Site, the “Services”). By using any of our Services, you agree to comply with and be legally bound by the Terms, whether or not you become a registered user of any of the Services.

Accessing and/or using any of the Services is the equivalent of your signature and indicates your acceptance of the Terms and that you intend to be legally bound by the Terms.

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE COMPANY OFFERS YOU ACCESS TO THE SERVICES. YOU SHOULD THEREFORE READ CAREFULLY THE TERMS AS THEY GOVERN YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE ANY SERVICES, AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its employees to the Terms. Organizations, companies, and businesses may only become registered members or use our Services as entities or through individual members with the prior written authorization of Your Folks.

You agree that it is solely your responsibility to ensure that your access to and use of the Services complies with the laws of your jurisdiction. We make no representation that the Services are appropriate for use outside Canada.

You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Services, including all related expenses, if any.

SERVICES

The Company reserves the right to amend its Services, including adding, changing or removing Services, at its sole discretion.

PRIVACY

Your Folks has a strong commitment to protect its members' personal information. Our Privacy statement is available here. By accessing the Site or using the Services you are agreeing to be bound by our Privacy statement.

LIMITED USAGE LICENSE

You are hereby granted a non-exclusive, non-transferrable, non-sublicensable, and limited license to access and use Your Folks Services in accordance with these Terms and solely for personal or professional family history research, and you may solely download content from the Site as permitted by the Services and as search results relevant to such research. You may not use any Site content or any Services for any other purpose than is expressly set out in this section.

DIGITAL MATERIAL

The Services include digital material provided by the Library and Archives Canada, and use of such digital material is subject to the terms and conditions of the Library and Archives Canada at Terms and conditions (canada.ca) as may be amended from time-to-time. The terms and conditions, and all modifications thereto are incorporated by reference in these Terms as applicable to all uses of such digital material.

MEMBERSHIP ACCOUNT

You are responsible for all usage of and activity on all Services.

An account may be required to access and utilize certain portions of the Services. If you have an account for any Services you are responsible for your account. You must keep your password and other login information private. Distribution of your username and/or password to others for access to any Services is expressly prohibited and shall constitute a breach of these Terms.

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 another person without authorization; or (iii) use a name that we, in our sole discretion, deem offensive.

Accurate and complete registration and account information is required to use some of the Services. Failure to provide complete and accurate information for your account, and when using the Services, is a breach of this Agreement.

You are responsible for the security of your passwords and for any use of your account. You must immediately notify us by regular mail or at admin@mesaieux.com of any known or suspected unauthorized use of your password or account, and any other breach of the security of the Services (including but not limited to loss, theft, or unauthorized disclosure of your password or credit card information). Allowing any other person or entity to use your identity for posting on or using the Services is not permitted. Distribution of your password to others for access to Your Folks is expressly prohibited and shall constitute a breach of these Terms.

You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Your Folks, its owners or agents, except when you want to cancel your membership.

Any fraudulent, abusive, or otherwise illegal activity by you or on your account may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

COMPLEMENTARY SERVICES

Your Folks gives access to some Services for free. Other Services, with the generic name "Complementary services", require paid packages or paid fees. Your Folks is free to change the Services or the packages and their respective prices.

PAYMENTS

Your Folks may charge fees for any Services. Such fees are subject to change. All fees are non-refundable.

Payments by credit card give access to the corresponding Services for which payment is provided as soon as the payment is accepted. Your Folks may utilize third party service providers to assist with credit card payment processing.

When the payment is made by cheque or money order, the corresponding Services for which payment is provided will be available when the payment has been successfully cashed.

After a credit card payment, the Services will display an internet page constituting the receipt. Your Folks will not send any other receipt confirming that purchase. After certain system errors, it is possible that a receipt cannot be produced.

For payments by mail, no receipt will be produced.

We are not responsible for collecting any taxes on behalf of you or any other person. We reserve the right to charge interest on late payments of any fees owing to us and/or any user, and to use any legal means to collect late and outstanding payments, including collections agencies or court proceedings.

Fees may be collected by a third party service provider engaged by us. You are responsible for providing all information required for payment of such fees, and for compliance with such third party service provider’s terms of use and other policies and requirements. We bear no obligation or liability relating to such third party service provider or any actions or omissions of such third party service provider.

EMAILS

You agree that Your Folks may send you emails for information and promotional purposes, and hereby consent to receive such emails. From time to time, we may also email you notices about modifications or additions to the content, data or the Services or about other products or services you might be interested in. If you do not want to receive those emails anymore, you can either cancel your membership or click on Unsubscribe in such promotional emails.

CANCELLATION

If you have a membership account and you wish to cancel your membership, you can do so online by clicking on MY ACCOUNT and following the cancellation instructions provided. There will be no refund partial or total of any fees or other amounts paid to Your Folks upon cancellation of your membership, or at any other time.

Any and all content and other information entered or otherwise provided to Your Folks, including via any Services, and all content and information relating to the Family Tree section of the Services, will be retained by Your Folks after cancellation of your membership. You hereby agree that Your Folks has the right to use all such content and information in accordance with Your Folks’ Privacy statement.

DATA QUALITY

Your Folks puts a lot of work to insure data quality. However, given the large amount of data included in the database utilized in and generated by the Services, it is possible that some data may contain errors. Our quality process constantly tracks and corrects as many of those errors, but may not correct all errors.

Your use of the Services and all data therein is solely at your own risk, and Your Folks does not provide any representation or warranty that the Services or data will be error-free or accurate.

MODIFICATION

Your Folks reserves the right to modify these Terms and the Privacy statement at any time. You should review these Terms and all policies regularly to make sure that you are aware of any changes. Your access and use of the Services on and after the date on which we post any revised version of the Terms or any policies constitutes your acceptance of the Terms as revised as well as of any revised policies.

If any portion of these Terms or any change of these Terms or the Services is unacceptable to you or will cause you to no longer be in compliance with the Terms, you must cancel any account that you have and cease use of the Services immediately.

YOUR USE OF THE SERVICES

You may not use the Services for purposes for which express permission is not granted by these Terms. For clarity, the download of the whole or material parts of any software, content, work or database accessible via the Services is prohibited. Resale or distribution of any software, content, work or database or portion thereof, is prohibited.

Online or other republication of content is prohibited except as unique data elements that are part of a unique family history or genealogy. In any permitted republication of content, reference and attribution must be given to J. T. Recherches inc. You may not print, use, copy, reproduce, publish or distribute in any manner any of the content for any other reason without the prior written consent of J.T. Recherches inc.

Any use, copying, reproduction, display, publication, or distribution of the content not expressly authorized hereunder may violate copyright, trademark, intellectual property, and other laws. Violation of the limited license granted in these Terms may result in immediate termination of your right to use the Services and any membership you have, and may result in legal action against you. We reserve the right to prevent your access to the Service if you violate these Terms.

Use by minors

If you are under the age of 18, you may not access nor use this Service, unless you obtain permission of your parent or legal guardian (collectively “Guardian”) and your Guardian has confirmed to us that he or she takes full responsibility for your access and use of this Site.

Location of operations

Your Folks is operated in Canada. Registration as a member will result in the information your provide for your account and while using the Services being stored and processed in Canada, and you, in registering or subscribing, specifically consent to that storage and processing, in accordance with our Privacy statement. You should review such information regularly. You are required to ensure that all such information is accurate at all times, and you must correct any errors in such information immediately.

Your Conduct

When using the Services and in all activities relating thereto, you agree not to do any of the following:

download, copy, or re-transmit any or all of the Services without, or in violation of, a written license or agreement with us;
use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services including their ability to engage in real time activities through the Services;
use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Services for any purpose including monitoring or copying any of the material on the Services, including any to “scrape,” “crawl” or “spider” any web pages or other services contained in the Services, or use automated scripts to collect information or otherwise interact with the Services;
use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of the web/Internet;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Services are hosted;
attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
attempt to interfere with the proper working of the Services, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Services;
use the Services to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect any personal or personally identifiable information from any user of the Platforms with that person’s knowledge or consent;
distribute the content of the Services for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
post or transmit any content or submissions, about yourself or another person or entity, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify a child, or any child or other person’s present or future location, that contain language that is otherwise deemed offensive by us, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
use the Services in any manner that promotes and/or enables illegal or unlawful activities;
permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or the rights of our licensors, or allow any third-party to access the content, including without limitation, intellectual property, privacy, publicity or contractual rights;
use the Services other than for its intended purpose, or in any manner not expressly permitted in these Terms;
remove any copyright, trademark, or other proprietary rights notice from the Services or any content thereof;
transmit, disclose, collect or store personal information about others;
attempt to defeat any security measures that we take to protect the Services;
violate any local, municipal, provincial, national, or other law or regulation, or any order of a court;
“stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
register for more than one user account or register for a user account on behalf of an individual other than yourself; or
advocate, encourage, or assist any third party in doing any of the foregoing.

The foregoing is merely a list of examples of prohibited conduct. The Company reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.

Unauthorized use, such as is set out above, is a material breach of these Terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You hereby represent and warrant to us that you will utilize the Services in accordance with applicable laws, being those laws applicable to the Services and those laws that are applicable in accordance with the jurisdiction where you are located. The foregoing obligation includes, but is not limited to, compliance with privacy and data security laws.

LIMITED LIABILITY

All Services are provided on an "as is basis" and (i) neither we nor any third parties which assist in any manner with the Services accept responsibility for any use of or reliance on the service or content or for any disruptions to or delay in the service; and (ii) neither we nor any third parties which assist in any manner with the Services make any representations or warranties regarding the Services whatsoever, including but not limited to any regarding the accuracy, reliability, comprehensiveness, completeness, timeliness, quality, merchantability, currency, error-free nature, non-infringement, compatibility, security, or fitness for any particular purpose.

Service may be unavailable at any time. Changes are periodically added to the information herein.

Our aggregate liability for damages incurred as a direct consequence of our breach of the agreement shall be limited to the aggregate amounts paid to us under the agreement in the twelve (12) month period prior to the breach.

Notwithstanding the foregoing, under no circumstances will we or any third parties which assist in any manner with the Services be liable for any damages (including, without limitation, indirect, incidental, special or consequential damages, lost profits, lost revenue, commercial or economic loss, loss or corruption of, or damage to, data, systems or programs or business interruptions) whether based on contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise), that result from the use or inability to use this site or its content, or for any consequence resulting directly or indirectly from any action you take based on or made in reliance on the content, or on materials or information on other sites linked to this site, even if we have been advised of the possibility of such damages.

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in the terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make the terms with such prohibitions.

Indemnity

You agree to indemnify and hold us, our affiliates, employees, directors, and officers, and our licensors and third party service providers, harmless from any claim or demand, including attorneys' fees, including any made by any third party, as a result of any of the following: (1) any content, data or other information made available through the Services that is provided by you; (2) any results, harm or damages arising from your use of the Services, content, data or other information posted or made available through the Services; (3) any violation of any law that occurs due to your use of the Services, content, data or other information posted or made available through the Services; (4) anything you do using the Services, content, data or other information posted or made available through the Services; (5) any breach by you relating to confidentiality, data security, or intellectual property; and (6) your willful misconduct or negligence.

Remedies

IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES, CONTENT, DATA, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SERVICES. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims under the Terms, including any and all arising in connection with your use of the Services, must be brought within one (1) year of the first date of the event giving rise to such claim. Remedies under the Terms are exclusive and are limited to those expressly provided for in the Terms.

Compliance with Investigations

We will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.

Links

Your Folks may, from time to time, provide links or other accesses to websites or services of third parties. Sites and services of those third parties may be subject to terms and conditions different from these Terms. J. T. Recherches inc. makes no representation, warranty or condition concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with third party sites, goods or services will be sought directly from the applicable third party provider and not from J. T. Recherches inc.

Third party input into the Services, or that is linked to via the Services in apps, websites or any other environment or format (collectively "Contenu externe"), are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review any External Content, and we are not responsible for such External Content, whether or not any link or reference thereto is incorporated in the Services. The External Content contained in any third party apps, websites, information, or software to which a link is provided in the Services are those of the companies or individuals responsible for such External Content and cannot be attributed to the Company. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies, or any terms of use related or pertaining to External Content. By using the Services, you expressly release the Company from any and all liability arising from your use of any External Content. Accordingly, when you leave the Services or submit information to any External Content accessible from the Services, the terms and conditions, privacy policy and other policies relating to such External Content will apply to you.

Consent to Advertisement; No Endorsements

By using the Services, you consent to us posting advertisement materials on portions of the Services. Unless expressly stated, we do not recommend or endorse any particular brand of products, services, procedures, or other information that appears or is advertised from time to time on the Services.

Third Party Service Providers

We may engage third party service providers to assist with the provision of the Services. For example, third party service providers may store information or to provide content or data via their platforms, and if we obtain your credit card information or require fee payments, we may employ third party payment processors to receive such information and process payments therewith. We shall not be responsible for the activities of any such third party service providers and such third party service providers may require you to agree and comply with their terms, conditions and policies. You bear all responsibility and liability relating to such term, conditions and policies and your compliance therewith. You agree we shall not be held responsible in any way whatsoever for any loss or damage of any kind incurred through your interactions with any third party service providers.

Dealings with Third Parties

You acknowledge and agree that any dealings with third parties, including any merchants or advertisers, found on, or through, any Services, are solely between you and the third parties. You agree we shall not be held responsible in any way whatsoever for any loss or damage of any kind incurred through your interaction with any third parties.

Risk of Transferring Information via the Internet

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.

Intellectual Property Rights

All right, title and interest in and to the Services, together with all intellectual property rights therein and relating thereto, are the property of Your Folks or our affiliates or licensors, subject to applicable laws. We have rights in all Services, as owner or licensee, including copyright, trade secrets, industrial designs and other intellectual property rights. You agree not to infringe our intellectual property rights or to assist or induce any other person or entity to infringe our intellectual property rights.

You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the content, data or the Services, or any portion thereof, without our prior written consent. You may, however, use the Services as they are designed and intended to be used, in accordance with these Terms.

You Must Ask Our Permission to Use Trademarks

The brands, marks, service marks, logos, product and service names, and other trademarks in the Services (the "Trademarks") are owned or licensed to Your Folks. If you would like to use or display any Trademark, you must ask for our permission. You agree not to display or use in any manner the Trademarks without our prior written permission. Any use you are permitted by our prior written authorization to make use of any Trademarks must be in accordance with any media use guidelines we publish as well as any other guidelines we provide to you, and all benefit therefrom shall accrue to us or our licensors. All Trademarks on the Services are the property of their respective owners, and nothing in the Terms grants you any rights whatsoever in such Trademarks.

You Agree Not to Access, Attempt to Access, or Use Our Data Without Our Permission.

You agree not to access, attempt to access, request access or use of any content, data or Services (collectively the “Data”), without our prior written authorization. This means that you agree not to download, upload, post, license, disclose, modify, translate, decompile, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Data, in whole or in part, in any form or by any means, unless expressly permitted herein or you have our prior written authorization to do so. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, digital rights management, mechanism, protocol, or procedure implemented by the Company for use of the Data or the Services.

Family Tree Content

The content entered in the Family Tree section becomes automatically the property of J. T. Recherches inc., who will be able to use it for genealogy purposes. You hereby assign to us all rights, title and interest in and to all content entered in the Family Tree section of the Services, and waive all moral rights therein and thereto.

If you enter offensive content into the Services, J. T. Recherche inc. reserves the right to remove it without warning.

Monitoring

You acknowledge and agree that Your Folks has no obligation to monitor the Services, content, data or other information accessible through the Services, but it does have the right to monitor any Services, content, data or other information accessible through the Services. We may undertake such monitoring pursuant to law, regulation or other reasonable governmental requests, as well as pursuant to our own interests, at our sole discretion.

Feedback

Should you provide any feedback or commentary to us relating to the Services, our business or otherwise (collectively the “Feedback”) you hereby assign all rights, title and interest in and to such Feedback to us, including but not limited to all intellectual property rights therein and relating thereto, and you further hereby waive all moral rights therein in our favour. We reserve the right to utilize such Feedback in any manner, or to decline to utilize the Feedback in any manner, at our sole discretion. For clarity, you will not have any rights, title or interest in any use made of the Feedback, including but not limited to, any products or services developed from the Feedback.

Cancellation by J. T. Recherches inc.

Should you breach this agreement, we will have the right to revoke your license to use the service and suspend your right of access. We will then send you a termination notice by email.

Cancellation consequences

After a cancellation, all Services, including but not limited to those Services associated with your membership account, will be cancelled, including all packages, and you will not longer be permitted to use the Services.

Transfer

We reserve the right to assign or transfer our rights and obligations under this agreement to any person who agrees to assume and comply with all the obligations set out in this agreement. This agreement is personal to you and, as a result, you may not, without the written consent of J. T. Recherches inc., assign or transfer any of your rights and obligations under this agreement.

Email communications

J. T. Recherches inc. has no responsibility or liability for any default in any email communications, including but not limited to any emails for which the email address is not accurate, or any default arising from any problems affecting any email system.

Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein, and any disputes in relation to this Agreement shall be heard by the Courts of the Province of Quebec, which shall have exclusive jurisdiction with respect thereto.
In the event that any term of this agreement or portion thereof is held to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any term of this Agreement shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of this Agreement be taken to be a waiver of the provision or provisions itself.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of Your Folks.
Contact Us

Questions and comments regarding the Services and all official correspondence must be sent via postal mail to: J. T. Recherches inc., P. O. Box 62007 CP La Pérade, 3440 Ch. des Quatre-Bourgeois, Quebec, QC, Canada, G1W 4Z2 .