The LostCousins site is operated by Lost Cousins Limited, a company incorporated in England (No. 5019290). You may only use the LostCousins site if you agree to and abide by the terms and conditions (the "Terms") of this User Agreement. If you disagree with any of the Terms, do not use the site.
Lost Cousins Limited has the right to change these conditions at any time without notification or prior warning in order to protect the majority of members against misuse of the site by a minority. In all other circumstances changes will be notified to members by email at least 14 days in advance, and will be posted on the 'Latest News' page. We recommend that you check for changes when you use the site as your continued use of the site following the posting of changes to these conditions signifies your acceptance of the changes. This agreement was last modified on February 25, 2008 and the modifications will become effective from March 18, 2008.
1. REGISTRATION & SUBSCRIPTION
- You must register in order to use the LostCousins site. Users are responsible for updating their personal details as necessary.
- You must not impersonate another person, or use a false identity, or knowingly give a fake email address. If you do, then you may be legally liable to Lost Cousins Limited and to other users of the LostCousins site.
- When you register you will be assigned a user name (currently your email address) and password. You are responsible for all actions taken under that user name, and you may not sell or transfer it to any other person, nor may you allow any other person to use it. You must not disclose your password to any other person. If you believe that another person may have knowledge of your password, then you should change your password immediately.
- Lost Cousins Limited may at its sole discretion cancel or refuse to renew the registration of any member who breaches this User Agreement.
- You can become a Subscriber by paying a Subscription Fee. Only Subscribers may initiate contact with another member, or use the priority support email address provided for the sole use of Subscribers.
- Important Note: If you decide to become a Subscriber, your Subscription will commence immediately the Subscription Fee has been paid by you (in the case of a debit or credit card payment), or when the Subscription Fee has been received by us (in the case of a cheque payment). In either case you will be notified by email that your payment has been received and that your Subscription has commenced. In paying the Subscription Fee you are agreeing to commence using your Subscription promptly, which means that you do not have the right to cancel your Full Membership during the cooling-off period that might otherwise apply, and which is specified in the Consumer Protection (Distance Selling) Regulations 2000.
- Refund Policy: Subscription Fees are refundable only in exceptional circumstances, and at the sole discretion of Lost Cousins Limited. You are therefore recommended to familiarise yourself with the LostCousins site before paying a Subscription Fee. If you are in any doubt as to the benefits of becoming a Subscriber you should ask for clarification before paying the Subscription Fee.
2. PERMITTED USES
- The LostCousins site may be used only for personal non-commercial family research purposes UNLESS you have completed the Professional User Agreement and paid the appropriate fees.
- You may send messages via the site to other members who are linked to you by us based on the data you and they have entered. You are totally responsible for the content of messages that you send, and for investigating how you and the other member are related or otherwise connected.
- You may not use the LostCousins site for marketing, selling, or any other commercial purpose without the express permission in writing of Lost Cousins Limited.
- No person who has not attained the age of 18 years may use this site except with the explicit permission of a named parent or guardian, who must take full responsibility for supervising the young person.
3. DISSEMINATING INFORMATION ABOUT LOSTCOUSINS
- Whilst you are encouraged to refer relatives and other people you know personally to the LostCousins site, you must not send 'junk mail' recommending the site, either directly or by using the LostCousins referrals system.
- If you contribute information about LostCousins on a forum, mailing list, wiki or other medium (whether electronic or not) you are solely responsible for ensuring that your contribution is accurate and conforms with the terms of usage that apply to the medium you have utilised. If you post incorrect information then we reserve the right to post a correction, or (at our option) to ask you to post a correction.
4. LINKS TO OTHER SITES
- This site provides links to sites we believe to be of interest to those researching their family. Whilst we have taken reasonable care in selecting these sites we have no control over them and cannot be responsible for their content, some of which may have been submitted by users. If you follow a link from this site and find material that you consider to be inappropriate please notify us immediately.
- Some sites to which we provide links may charge for their services.
- When web sites to which we link are updated the link from this site to them may be broken.
5. LINKS FROM OTHER SITES
- Except with the written permission of Lost Cousins Limited you may only link to this site provided that you do not offer or seek to offer a competing service.
- If you link to the LostCousins site then it must not be implemented in such a way that a casual observer might assume LostCousins to be part of, or associated with, another site.
- If you wish to link to a page on this site other than the home page then you must also link to the home page (http://www.LostCousins.com).
- We may keep statistics on visitors, and we may display different information to different visitors.
6. RESTRICTED LIABILITY
- The primary purpose of this site is to identify and put in contact users who share one or more common ancestors, are related in some other way, or who share the same research interests. The matching procedure has been carefully devised and tested, but errors may occur from time to time, and we do not guarantee the results. In matching users we rely on the information provided by users about their ancestors and/or other relations: if this information is incorrectly or mistakenly entered then errors will be likely to occur.
- We may provide facilities for you to store information on our site, for example on the 'My Ancestors' and 'My Cousins' pages. However, you should keep your own copy of any information you enter as we cannot guarantee that information entered on the site will not be lost or corrupted whether this occurs by accident, as a result of a redesign, or for any other reason whatsoever.
- Information on the website is believed to have been correct at the time of publication, but its accuracy should not be relied upon. No responsibility is accepted for any errors, omissions, or misleading content on the LostCousins website or on any websites to which it links.
- We do not accept any liability for any loss, damage, or injury incurred as a consequence of your use of this site, nor for the non-accessibility of the site for any period.
- We may from time to time recommend other sites or services to users. Although we will take reasonable care in our selection of such sites users must assure themselves of the suitability of the sites.
- In no event shall our liability to you exceed the amount paid by you to us during the preceding 365 days.
- We may terminate this agreement with you at any time by refunding the balance, if any, of your subscription, calculated pro rata.
7. YOUR RESPONSIBILITIES
- You are solely responsible for the accuracy of the information you enter; if you do enter incorrect information it may not only affect your experience of using the website, but also the experience of other users.
- If you are matched with another user then you should take all reasonable precautions in your dealings with that person.
- The LostCousins system is primarily designed to bring into contact members who share the same research interests, and it is important that we are able to contact you by email. You are solely responsible for updating the contact address(es) shown on your My Details page, and for ensuring that your email software and email provider do not reject our emails. If we are unable to contact you by email we may close your account and delete the data that you have entered. We may also reveal your name, but not your postal address, to another LostCousins member who has been trying to contact you.
- It is essential that we are able to contact registered members, and therefore the only way to cease all email contact is to close your account. If you contact us asking to 'unsubscribe' or using similar terms, but do not make it clear to us whether or not you wish to close your account we will ask for clarification before taking any action.
- If you report an email from LostCousins to your email provider or to a spam-filtering service as 'spam', 'junk mail', or 'unwanted' this may affect our ability to send emails to other LostCousins members. Please have consideration for other members - if you do not wish to receive any emails from LostCousins then it is your reponsibility to notify us that you wish to terminate your membership.
8. INTELLECTUAL PROPERTY
- 'LostCousins', and the other trade marks, service marks, and logos used on this site are trade marks of Lost Cousins Limited or their respective owners. You may not use any trade mark without the written permission of the owner.
- All copyright, database rights, and other intellectual property rights that exist in the LostCousins website shall remain the property of Lost Cousins Limited and its licensors.
- If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
This agreement is governed by the laws of England.
If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
If there is any conflict between these Terms and any other written agreement between you and Lost Cousins Limited then the latter shall prevail.