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JEWISH GENEALOGICAL SOCIETY, INC. TERMS OF USE

Jewish Genealogical Society, Inc. (“JGS”) maintains a Website at https://jgsny.org, the “JGS Website”, or “Website”) for your information and entertainment. You may use the Website for non-commercial, lawful purposes only. Your access to and use of the JGS Website is subject to and governed by the Terms and Conditions set forth below. By accessing and browsing the JGS Website, you accept, without limitation or qualification, and agree to be bound by, the Terms and Conditions set forth below and all applicable laws. These Terms of Use apply to all users of the JGS Website, including users who are also contributors of content, information, and other materials or services on the JGS Website.

Your Acceptance

BY USING AND/OR VISITING THE WEBSITE, YOU CONSENT AND AGREE TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use”) AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, WHICH ARE PUBLISHED AT https://jgsny.org AND WHICH ARE INCORPORATED BY REFERENCE. If you do not agree to any of these terms, then please do not use the JGS Website.

Website Access

  1. JGS hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without JGS’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
  2. To access some features of the Website, you may have to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may never use another’s account without permission. You must notify JGS immediately of any breach of security or unauthorized use of your account. Although JGS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JGS or others due to such unauthorized use.
  3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Website in a manner that sends more request messages to the JGS servers in a given period than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, JGS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JGS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Intellectual Property Rights

  1. The content on the Website, except all User Submissions (as defined below), including artwork, images, text, software, sounds, music, video, names, and likenesses displayed on the Website are either the property of, or used with permission by, JGS. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the Website or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
  2. The trademarks, service marks, logos, and other indicia, including of JGS (collectively the “Trademarks”) which appear on the Website are registered and unregistered trademarks of JGS and others. Nothing contained on the Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of JGS or such third party as may be appropriate. All rights are expressly reserved and retained by JGS. Your misuse of any of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited.
  3. Both the Website and the content of the Website are provided “AS IS” for your information and personal use only and 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. JGS reserves all rights not expressly granted in and to the Website and the Content. You agree to not 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 the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the JGS Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the JGS Website or the Content therein. JGS does not make any representations or warranties, whether express or implied, regarding or relating to the Website or any associated hardware or software, including the content or operations of either.

Links to Third Party Websites

For your convenience, the Website may contain links to the websites of third parties on which you may be able to obtain content and/or download software. Except as otherwise noted, such third-party websites, and such content and software are provided by companies which are not affiliated with and independent of JGS. JGS does not endorse or make any representations or warranties concerning such websites and may have not reviewed such content or software. JGS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, JGS cannot censor or edit the content of any third-party website. Therefore, JGS makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor does JGS necessarily endorse such websites or sources. By using the JGS Website, you expressly relieve JGS from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the JGS Website and to read the terms and conditions and privacy policy of each other website that you visit.

Warranty Disclaimer and Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER JGS NOR ITS AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “JGS PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JGS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL JGS, THE JGS PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, JGS, NOR THE JGS PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE JGS PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, JGS’s liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Indemnity

You agree to defend, indemnify and hold harmless JGS, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the JGS Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the JGS Website.

Ability to Accept Terms of Use

It is our and your intent that these Terms of Use constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the JGS Website is not intended for children under 13. If you are under 13 years of age, then please do not use the JGS Website without the consent of your parent or guardian.

Privacy Policy

JGS knows that the privacy of your personal information is important to you. Therefore, JGS has established a Privacy Policy governing the use of this information, which is located at https://jgsny.org/privacy and is part of this Agreement.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JGS without restriction.

General

You agree that: (i) the JGS Website shall be deemed solely based in New York, New York; and (ii) the JGS Website shall be deemed a passive website that does not give rise to personal jurisdiction over JGS, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and JGS that arises in whole or in part from the JGS Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use, together with the Privacy Notice above and any other legal notices published by JGS on the Website, shall constitute the entire agreement between you and JGS concerning the JGS Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and JGS’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. JGS reserves the right to amend these Terms of Use at any time and without prior notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the JGS Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND JGS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JGS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Copyright © 2018 Jewish Genealogical Society, Inc. All rights reserved. The Site is the property of the Jewish Genealogical Society, Inc. and is protected by United States and international copyright, trademark, and other applicable laws