Terms of Use

Introduction

Welcome to the Obrien Clan website www.obrienclan.family (Website), a site dedicated to publishing information about Catherine Irene O’Brien (nee Casey) (Irene), her husband Thomas Bede O’Brien (Bill), their antecedents and descendants (collectively the Family).

The Website is managed by the Website Manager(s) listed on our Contacts page.

Please read the following Terms carefully, as they govern your use of the Website.

Becoming a User and Accepting These Terms

By registering on the Website you become a User and you agree to these Terms and Conditions (Terms). Any new features included on the Website in the future will also be subject to these Terms.

Please be aware that these Terms incorporate by reference additional policies and guidelines, including our Privacy Policy which explains how we collect and use your personal data.

We encourage you to read all these documents carefully to understand your rights and responsibilities when using the Website.

If you have any questions about these Terms or our services, please contact us.

We reserve the unfettered right to limit, suspend or terminate your access to the Website if you act inconsistently with these Terms.

Unexpected Results

When using the Website you may discover unexpected facts about yourself or your family. You acknowledge that such discoveries may have an emotional impact on you and others with whom you share these discoveries.

You expressly agree to assume all risks associated with your use of the Website, and that the Website Managers and any other Users shall not be liable for any social, emotional, or legal consequences of such discoveries.

Use of the Website

You can only become a User by registering on the Website and being approved by the Website Managers. During registration and at all other times, you agree that any information you provide us with will be accurate, complete, and current.

In exchange for us giving you access to the Website, you agree:

• To comply with these Terms and our Copyright Policy below;

• To comply with all applicable laws;

• To be responsible for all use and activity on the Website associated with your account or log-in information;

• To contact us if you suspect your account has been used without your authorisation or you believe your username and password have been stolen;

• Not to resell any information you gather from the Website or resell, reproduce, or publish any content or information found on the Website, except as explicitly described in these Terms;

• Not to circumvent, disable or otherwise interfere with any Website security-related features;

• Not to access or collect data from the Website in bulk or using automated means, or attempt to access data without permission. This includes, but is not limited to, any bots, crawlers, spiders, data-miners, or scrapers.

• To use the Website only in connection with your personal use or Family history research;

• To download information from the Website only in connection with your Family history research or where expressly permitted by the Website Managers;

• Not to remove any copyright or other proprietary notices on any of the content from the Website;

• Not to use significant portions of the Website content without our express permission; and

• To contact us to obtain written permission to use more than a small number of photos and documents.

Copyright Policy

The Website Managers own the Website. The design, content, and graphics of the Website and all other elements created by us, or by third parties as work for hire or as volunteers, or where the copyright has been assigned to us (collectively Copyrighted Elements), is subject to copyright protection with all rights reserved.

To obtain permission to use any of these Copyrighted Elements, which permission may be granted or refused in our sole discretion, please contact us.

Content which has been contributed to the Website by Users remains the property of that User or the original creator and we are a licensed distributor of such content.

Occasionally, a person may feel that content submitted by another User is their property or is covered by the copyright of someone other than the submitter. Please remember that we are only the distributor of User supplied content and the Submitter, not the Website Managers, is the one who has violated copyright if such a violation has occurred. However, we will respond to substantiated claims of violation and do our best to assist to resolve them.

Your Content

The Website Managers encourage all Users to submit any information relevant to the Family (Your Content or Content) by contacting us.

Your Content will only be considered for publication on the Website if it adheres to the specifications that we may provide regarding the format in which a certain type of Content must be provided.

You guarantee to make best endeavours to ensure that Your Content is accurate and complete.

The Website Managers have the unfettered right to determine what Content is published on the Website. Submission of Content is no guarantee of publication.

The Website Managers reserve the right to modify Your Content in order to make it suitable to publish on the Website. Where such modification substantially changes the intent of the original Content that you provided, we will make best endeavours to provide you with the modified Content before it is published, and to seek your approval to publish it in its modified form.

We do not claim any rights to your Content, except to the degree that we own similar content which we have obtained from another User or source, where such User or source has not breached your copyright.

You have the right to request that Your Content is removed from the Website by contacting us. We will make best endeavours to remove such Content within 5 business days.

By submitting Your Content, you grant the Website Managers a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content within the Website, consistent with your privacy and sharing settings. You can terminate our license by requesting us to delete Your Content, except to the extent you shared Your Content with others, and they have used or provided Your Content.

By submitting Your Content to the Website Managers you agree that:

• You have all the necessary legal rights to have Your Content published on the Website;

• Your Content will not include Personal Information about a living person without their consent. In the case of living minors, you will get consent from their parent or guardian;

• If you share Your Content, other Users may access and use Your Content as part of their use of the Website.

• You will use other Users’ content only in the context of your use of the Website and in compliance with these Terms and the other policies incorporated by reference;

• We reserve the right to monitor Your Content for violations of these Terms, and to remove or disable access to Your Content at our sole discretion; and

• Serious or repeat violations or offences will subject the responsible User to account termination at the Website Manager’s sole discretion.

We respect the intellectual property rights of others. If you have concerns that any Content infringes your rights, contains illegal material, or violates these Terms, please contact us.

No Guarantees or Warranties

Except as expressly set out in these Terms, we provide the Website to you on an “as is” basis, meaning without any guarantee or warranty.

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 or guarantees with respect to our Content, Your Content, Content provided by other Users, the Website itself, the quality, accuracy, reliability, or availability of the Website and its Content or that the Website will be free from viruses or other harmful components.

We are constantly changing and improving the Website. As such, the Website Managers may add or remove functionality or features from the Website or may even suspend or stop offering the Website altogether.

Limited Liability

By using the Website, you agree that the Website Manager’s liability is limited 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.

If you are dissatisfied with any portion of the Website or with any statement in these Terms, your sole remedy is to stop using the Website and request that you be deleted as a User by contacting us.

Your Indemnity

You agree that you will indemnify and hold the Website Managers harmless from any claims, damages, or other expenses (including legal fees) that result from your use of the Website, your violation of these Terms or other documents or policies incorporated herein by reference, your violation of another person’s rights, any claim related to Your Content, including a claim that Your Content caused damage to another person.

This indemnification obligation will continue after you stop using the Website.

In addition, you release the Website Managers from all claims, demands, actions, or legal action in connection with Your Content, including any liability related to our use or non-use of Your Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

Services Offered by Other Companies

The Website contains links to websites operated by third parties, but that does not constitute sponsorship, endorsement, approval, or responsibility by the Web Managers. We do not offer any warrants or make any guarantees about third-party sites, their content, products, or services. Please read the terms and conditions and privacy documentation for all third-party sites carefully, as they may differ substantially from ours.

Dispute Resolution

We work hard to keep our Users satisfied. If a dispute arises between you and us, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Website or our services, you agree to make best endeavours to resolve the dispute informally by contacting us, and you agree that this is the sole means by which a dispute can be resolved.

We do not guarantee that we will be able to resolve all disputes to your satisfaction, and where we are unable to do so, your sole remedy is to stop using the Website and request that you be deleted as a User by contacting us.

Modifications

We may modify these Terms at any time and agree to notify you of any material changes by posting information on the Website or sending you an email. Material changes become effective thirty days after they are posted, except for changes addressing new services or legal requirements, which will be effective immediately.

Your continued use of the Website means you accept the modified Terms. If you do not agree to the changes, you should stop using the website and, if applicable, contact us to cancel your membership.

Entire Agreement

These Terms and other documents incorporated by reference are the entire agreement between you and us regarding your use of the Website and supersede any prior agreements.

Severability

Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms.

No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision, and we reserve all rights not expressly provided to you herein.