MyHeritage - Terms of Use for Residents of the State of Israel
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These Terms and Conditions were last updated on March 22, 2023.
If you have not reviewed it since that date, please do so now. |
Welcome to the MyHeritage website
MyHeritage is an online service that allows members to create profiles and family sites in order to build and print their own family trees; upload, color, enhance, animate, and share family photos, search historical records and newspapers and research their family history using advanced research tools (the “Service”). The Service is owned and operated by MyHeritage Ltd. (hereinafter: “we” or “ours”). “You” means a user of the Service over the age of 13 (in some countries the minimum age may be higher, see the “Minor Users” section below). Any use of the MyHeritage website and the OldNews.com website and/or the MyHeritage and Reimagine mobile phone apps for iOS or Android operating systems (hereinafter, collectively: the “Website”), and/or of the Service will be made subject to compliance with the conditions set forth below. Please read them carefully, as by using the Website you agree to be bound by these terms and to enter into an agreement based on these terms (the “Agreement”) with us, whether or not you are a member of MyHeritage ("Member"). The MyHeritage website is part of a group of websites that we own and operate (the MyHeritage group of websites), which also includes the MyHeritage websites on other top-level domains and the Geni.com website.
If you do not agree to any provision set forth in these terms, please do not use the Service and/or the Website. We reserve the right to change these Terms and Conditions from time to time, in our sole discretion, and such changes will take effect immediately upon their posting on the Website. You agree that these changes to this Agreement will be binding upon you if you continue to use the Service after such changes have been posted.
The Service
The MyHeritage family sites and other features
<u>Content standards</u>
This section explains our standards for user-provided content on the Service and/or the Website, the steps you can take to report content that you believe is illegal or otherwise in breach of our standards and the steps we take if we are made aware of such content.
The MyHeritage Service allows you, as a Member, to create and upload contents to the family sites of MyHeritage, and allows you to monitor and restrict access to such contents by other users in the MyHeritage group of websites. In view of the nature of the Service, please select carefully the information you wish to post on MyHeritage family sites or upload to the Service and refrain from posting any illegal or unsuitable content, as further detailed below. We will not edit or monitor user-provided content, but we reserve the right to remove or disable access to any user provided content which comes to our attention and which, in our sole discretion, breaches this Agreement and/or breaches any law or regulation.
<u>Our standards</u>
By way of illustration, and without limitation, you shall refrain from posting, transmitting, sending or otherwise making available, through or in connection with the Service, the following content, which we do not allow on the Service and/or the Website:
• Photographs and other contents which include nudity, sexuality, pornography, vulgarity, obscenity, violence and/or any other offensive subject.
• Any content that might infringe the privacy or right of confidentiality of other persons including family members in your family tree. Our Service allows you to set specific privacy settings with respect to names, dates, email addresses and other personal identifiable data. Please use these options and respect the privacy of others.
• Any personal data, including any photos or email addresses of living persons (other than yourself), if this was done without their consent.
• Any information pertaining to minors, which identifies them, their personal details or addresses and the other means of communication with them, without the direct consent of the parent or the legal guardian of any minor.
• Any content that does not belong to you or that you have no right to use it.
• Any content that infringes and/or breaches the property rights or other rights of others, including copyrights and trademarks. We are particularly sensitive to the copyright and intellectual property rights of others. Please note that contents, including photographs, even if the same were uploaded to the Website of which you are a Member, belong to the person who created or uploaded them, and you may not display them without permission from their owner.
• Any content that is obscene, immodest, defamatory, humiliating, deceptive, disparaging, offensive, hateful, false, misleading, inaccurate, incorrect, malicious, offensive, harassing, threatening or encouraging hatred based on race, religion or ethnic origin.
• Any content that causes another person discomfort, nuisance, anxiety, embarrassment, injury or distress.
• Any content that might harm any pending legal proceedings of which you are aware, which is unlawful or promotes or indicates illegal activities.
• Any computer virus or other malicious or harmful code.
• Any content that infringes our Privacy Policy.
• Any content that is in any other way unlawful
• Any content that we otherwise deem, acting reasonably, to be inappropriate for the Service and/or the Website.
Reporting content
If you believe that any content available through the Service and/or the Website is unlawful or otherwise breaches our standards (as set out above) ([bold text="“Improper Content”']), please contact [link url="mailto:privacy@myheritage.com" title="privacy@myheritage.com" target="blank"].
[bold text="Important note: If you are reporting Improper Content, then by submitting your report you confirm your honest belief that the information and allegations contained in the report are accurate and complete."] Please provide your name when reporting Improper Content (unless an exemption exists under applicable law).
[bold text="Our content moderation"]
Without limitation, we may make any of the following decisions in response to a report about Improper Content:
[ul][li]remove or disable access to content that we reasonably believe is in breach of our standards;
[li]suspend or terminate any person’s access to all or any part of the Service and/or the Website;
[li]take no further action, on the basis that we reasonably believe the content is not in breach of our standards. [/ul]
We will notify you of the outcome of our review. If we decide to remove content we will, where relevant, also notify the person who uploaded that content, or any person whose access to the Service/Website we suspend or terminate, as applicable.
[bold text="Complaint handling"]
If you don’t agree with our moderation decision, you can appeal the decision, by responding to the email informing you of our decision.
[bold text="Disclosures"]
We may need to disclose information about a person posting illegal content, if required to do so by law.
Access to digital content after a person's death
In accordance with the law on access to digital content after a person's death, תשפ"ד-2024, you can appoint a person who will receive access to all or part of your MyHeritage account after your death, or choose not to give access to your personal content to another person. To the extent that you wish to exercise this right , you must send a request to our support via email to privacy@myheritage.com.
As long as you do not choose a person to whom the account will be transferred, and you will not demand that the information in the account is not transferred to any person after your death, the transfer of the account will only be possible to the legal heirs as indicated in the order of inheritance or order of execution of a will.
As mentioned, legal heirs who wish to gain access to the account of a deceased user are requested to send a request to support via email, to the address privacy@myheritage.com, together with the registered email address of the deceased user, the email address that was used by the heir to create an account in MyHeritage, the order of inheritance/order to maintain a will and the death certificate of the user. Note that you may be asked to verify additional information depending on the content of the account.
<u>Your use of the Service</u>
When using the Service and/or Website, in addition to complying with our content standards (see above), you must not:
• Impersonate another person or misrepresent your identity or personal status.
• Introduce yourself as an employee or a representative of MyHeritage Ltd. or any of its affiliates.
• Surveil or harass or make persistent or regular contact with other users without their consent or encouragement or after they have expressed their disagreement to the aforesaid, explicitly or implicitly.
• Send commercial emails, junk mail, spam or any other email that might bother its recipient.
• Use our Website or Service in any manner that might harm our name or reputation.
• Restrict or prevent any other person from using the Website or the Service.
• Exploit any part, feature or access of the Website for any commercial purpose.
• Perform any activity that requires any form of payment from Members and/or users in family sites or in other areas of the MyHeritage website.
• Advertise, sell or offer products or services, except where this is expressly permitted by us and the by law (in which case, you must meet the conditions that apply to such activities as we shall specify).
• Place links, on our Website or Service, to third party websites outside of the MyHeritage group of websites.
• Use the Website to search for plaintiffs, records, and/or other materials for taking legal action against MyHeritage.
Without our express prior written consent, you may not electronically copy or store the entire Website or any part thereof or its contents, or make available, distribute, sell or offer to sell the entire Website or any part thereof or its contents, or systematically download any content and data from the Website or through the Website or create or populate other databases for any purpose.
Any use of "web spiders", software or robots to collect, download or harvest any data and pages from the Website (web spiders/crawlers) without our prior written consent, is strictly prohibited.
It is strictly prohibited to run scripts to automate any activity on the Website, including but not limited to uploading images, coloring images, color reproduction and/or any other image enhancements and manipulations. Additionally, splitting the videos into frames in order to color the frame images on MyHeritage - is strictly forbidden. A breach of any of the foregoing prohibitions may result in the immediate termination of your membership and may result in a legal action for a restraining order, compensation and/or any other fair alternative.
Any activity on our Website, which was brought to our attention and amounts to a violation of the applicable law, as shall be determined in our sole discretion, will be brought to the attention of the relevant authorities.
Guidelines for MyHeritage members
The MyHeritage family site is a place where Members share their contents with other members. This fact may create disputes between Members. The following guidelines apply to all Members of the MyHeritage website, including to you:
• Members must obtain permission from living family members before uploading information about them to the family site, and if they do so without their permission, the owner of the family site, namely the member who created the family site, will be held liable for this.
• If we receive a complaint about information that concerns a person or a relative of a person, which is located on a family site against the will of that same person, we reserve our right to delete such information from the family site even if the owner of the family site wishes to keep the information at the same place. In the event of any dispute between us and the Member who owns the site, we may remove that Member from the Service in our sole discretion. If the Member we removed is a paying subscriber, the paid subscription fees will be refunded by us to the same Member.
• The right of a family member to request not to be registered on the family site supersedes the right of the owner of the family site to register that same family member on the family site.
• If a family site contains personal data that was uploaded by a Member and pertains to you, and you wish to remove such data, you must send a request to our customer support team via email to: privacy@myheritage.com and allow us one week to process the request. We will first attempt to settle the dispute amicably by contacting the owner of the family site who uploaded the data or who is responsible for it, and give him or her time to respond. We will work in cooperation with you to make sure that the data you wish to remove is eventually removed from the Website. If necessary, we will also assist you in removing such data from search engine indexes such as Google, but please note that the removal of data from Google and other search engines is outside our scope of control and is not our responsibility.
• Copying information or photos from other family sites, without permission from their owners, is prohibited and Members who do so are at risk of being removed from the Service in our sole discretion. Copying information or images from external websites and services and publishing them on family sites requires the prior approval of the content owners.
• Inviting other Members to your family site or accepting their membership requests will give those friends access to the family site and they may copy parts of it. If this happens, this shall be under the responsibility of the family site owner or friend who sent the invitation or accepted the membership request, and not that of MyHeritage. If the invitation was made inadvertently or the membership request was inadvertently accepted, the owner of the family site may remove the Member from the family site and revoke his or her access to the site.
• Family sites are open to visitors by default; however, details about living family members that appear as part of the family tree are censored. For maximum privacy, site owners can make their sites and photo albums private and disable the Smart Matches feature on their family trees.
Smart Matches™ is a service that generates discoveries by finding matches between your family tree and other family trees; however, this advantage comes hand in hand with a disadvantage in terms of a privacy tradeoff: the owners of other family sites will be able to see parts of your family tree which match their own sites (except for living persons who appear on your family tree, but are not listed on the owner's family tree, who shall remain confidential). If this bothers you, you must disable the “Smart Matches” function by clicking the “My Privacy” link in the account menu, at the upper right corner of the Website. Then, please click on the "Contents" tab below your family tree name, uncheck the "Allow Smart Matches" box and click the "Save" button. If you enable the "Smart Matches" function for your family tree, you assume the responsibility for allowing other Members to see parts of your family tree.
We make available a number of services that are powered by third-party artificial intelligence tools, including tools by OpenAI.
AI Record Finder™ is a service based on Artificial Intelligence (AI) that allows users to converse with an AI assistant in a chat interface to find records about their ancestors and relatives.
Similarly, AI Biographer™ is a service that allows users to leverage AI to create a biography of a non-living or notable person.
Both AI Record Finder™ and AI Biographer™ use automated third-party technology powered by OpenAI.
These services can be used, at your option, to search and summarize a variety of different sources of data, including MyHeritage’s own data (which includes information supplied by other MyHeritage members) and data provided to MyHeritage by third-parties, to benefit your family history research. If you choose to use these services, now or in the future, you agree that the information you will enter during your searches, including personal information, will be shared with OpenAI and processed to provide you with the search results or with the AI Biography. You further agree that you will not enter sensitive personal information (also known as ‘special category data’ including, for example, health data or genetic data) in the chat interface. Note that AI Record Finder™ is not designed to prompt you to enter such information. As with any AI-based technology, the outputs of the AI Record Finder™ and AI Biographer™ services may contain mistakes.
We reserve the right, in our sole discretion, to remove, reject, or refuse to upload any contents that you have uploaded and/or found on a family site, or to restrict, suspend or revoke your access to the entire Website and/or Service or any part thereof at any time, for any reason or for no reason whatsoever, after providing an advance notice or without any such notice, without being held liable for all the foregoing, financially or otherwise. In addition, we reserve the right, in our sole discretion, to remove, reject, or refuse to upload any family site, at any time, for any reason or without cause, by providing advance notice to or without providing any such notice, if we discover that the family site is in any way violating the provisions of this Agreement.
Once you upload, write, or post contents on the Website, including family trees and images, the same may be accessible to any person who has access to the Website or to any sites in the MyHeritage group of websites, depending on the permission settings under your control. Based on your permissions settings, other users of the Website may view, copy, download, store, edit, modify or delete certain contents that you upload. You hereby agree that other users may have access to your family site and may add, subtract or otherwise modify your family site. Information you present will be displayed and made available to others in the form of search results, images or audio contents.
You may delete contents you have previously uploaded to the Website; however, if others downloaded or otherwise copied such contents, they might still be available for public viewing.
Other users will be able to contact you through the Website regarding the contents you upload in order to receive assistance in their own research. We may send you an email message when you receive a new message on our Website from another user. You may change your email settings if you prefer not to receive such notifications.
Recommender Systems
MyHeritage utilizes certain systems that may be considered as recommender systems, which include Record Matches, Smart Matches™, Instant Discovery™ and Search Alerts. These systems are designed to filter MyHeritage and user content to enhance your user experience and suggest content that may be relevant to you. Record Matches recommend historical records that may be related to individuals in your family tree from our entire database of historical records. Smart Matches™ is a powerful technology developed by MyHeritage to find matches between family trees. An Instant Discovery™ is a bundle of family history information that you can apply in one click. A Search Alert is an email notification letting you know that new records were found for a search you previously conducted on the MyHeritage Search Engine, that did not exist when you conducted the search.
Other areas of the Website
As a Member, you may upload contents to other areas of MyHeritage, for example, to the technical support areas. In addition, you may post comments regarding contents uploaded by other users. We reserve our right to remove any content or post which, in our opinion and in our sole discretion, violates this Agreement in any form whatsoever, by providing a prior notice or without providing any such notice, without assuming any liability, financially or otherwise.
The MyHeritage backup service
The MyHeritage website provides an optional data backup service, for additional subscription fees. This backup service is subject to these Terms and Conditions and to the specific terms and conditions of the backup service.
Limited user license
You are hereby granted a license to use the Service and its contents solely for your personal use and subject to the terms of this Agreement (the “License”). The Service was not designed or licensed for any commercial purpose. We reserve the right to cancel the Service or any part of it at any time. Downloading the Service or any functional part thereof, or any part of the public areas of the Service, is strictly prohibited. Online advertising is prohibited. A breach of this License may result in the immediate revocation of your membership and may result in a lawsuit against you, a restraining order, compensation and/or any other remedy. You may use the Service and any software provided by the Service, only as long as you are connected online and you may not download, copy, reuse or distribute the software, except in cases where it was stated, upon connecting to the software, that it is also available for offline use and that the License for such use was granted in connection to such software.
Copyright
By uploading any content to the Website, you grant us a non-exclusive, royalty-free and worldwide license to store and distribute any such content (the “Content License”).
The integration between the MyHeritage Smart Matches and our partners such as for example RootsMagic and Family Historian does not include any posting of contents. None of the data provided to us from our partners’ software or websites will be used for any purpose other than the provision of the matching services, and the data will not be displayed publicly, licensed or sold to third parties. We do not receive authorization for such data and we do not collect such data, which will be automatically deleted once the matches have been calculated. Our partners’ users may have Smart Matches (family tree matches) with our users; however, such matches are not two-way: our users will not get Smart Matches with the users of our partners, and will not be able to see their data.
All the content uploaded to the Website, except for content uploaded by the users, is owned by us or by third parties who granted us a limited license with respect to such content. Content uploaded to family sites is owned by the person who created the content, under the supervision of the manager of the family site to which it was uploaded, and will be stored by us in accordance with the terms of this Agreement. It shall be clarified that if you delete your data from the Website and/or your account, your Content License will be terminated and we will not be able to keep or use the data you uploaded to the Website.
The trademarks, trade names, service marks, logos, and other source-identifying features of newspaper content displayed on OldNews.com are proprietary to their respective owners, and our use thereof does not imply any affiliation with or endorsement by such owners.
MyHeritage is protected by copyright under the laws of the US and Israel, the international conventions and other copyright laws.
You may not modify the application code underlying our software and its applications in any manner whatsoever. You may not perform, allow or cause the creation of derivative works, translations, reverse engineering, de-compilation, disassembly or hacking of any applications offered by us, or of downloadable components or any part thereof.
Notification and removal
If any content and/or works owned by you are displayed on the Website and you believe that they infringe your copyright, you may contact the Company and request it to remove them by sending an email to copyright@myheritage.com, in which you will indicate an accurate reference (including URL) to the infringing content and attach any evidence of its infringing nature, as well as your contact details, including your name and identifying information. In the event that the content is in fact infringing, it will be removed as soon as possible and you will be notified via email in this regard. Please note that the Company does not monitor the content posted by users through the Website and therefore it may not be aware that infringing content has been published on the Website without you contacting us first. The Company shall not be liable for any infringing content as provided in this section.
Marketing our services and delivery of advertisements
Your registration to the Service constitutes your consent to our use of your contact details to offer you products on behalf of MyHeritage which may integrate with the product or services you originally requested from us. Such promotional offers may be delivered via email, phone or direct mail.
If you do not wish to receive email promotional offers, a notification on your refusal may be delivered at any time in any of the following ways:
- By using the link in the email sent to you.
- By setting your email preferences on the Company's website - for more information, please refer to the section that pertains to email preferences in our Privacy Policy.
- By sending an email message to unsubscribe-il@myheritage.com.
- By sending a letter to MyHeritage Ltd. at the following address: P.O.B. 50, Terminal Park, Or Yehuda, Israel, 6037603.
In addition, you may express such request in your conversation with a customer service representative of MyHeritage.
If you do not wish to receive telephone or direct mail promotional offers, a notification on your refusal may be delivered at any time in any of the following methods:
- By sending an email message to the following email address unsubscribe-il@myheritage.com.
- By sending a letter to MyHeritage Ltd. P.O.B. 50, Terminal Park, Or Yehuda, Israel, 6037603.
In addition, you may express such request in your conversation with a representative of MyHeritage.
Terms of subscriptions and payments for residents of the State of Israel
Subscriptions
In addition to the free Basic plan, the MyHeritage service offers paid subscription plans, including: Premium Family Site Subscription, PremiumPlus Family Site Subscription, Data Subscription, Complete Subscription, and Omni Subscription. There is also an OldNews.com Pro Subscription.
Unless otherwise noted, all paid subscriptions are offered as a non-term transaction, with periodic billing. Unless otherwise noted, each subscription will be valid indefinitely, to ensure continuity of service.
If you purchase a paid subscription, your subscription will not be limited in time, and the payment method you provided will be charged at the beginning of each billing period (in most cases - annually), unless you choose to cancel the subscription in accordance with the provisions of this Agreement. If your subscription has an annual billing period, we will send you a notice by email 30 days in advance of each billing date. This notice will include, among other things, the amount to be charged in the next billing period.
1. Subscription with a Free Trial
If you have joined a paid subscription path that includes a free trial period ("the Trial Period"), your first periodic charge for the subscription will be made only at the end of the trial period, with the clarification that if you continue the subscription after the trial period, the billing period will include the trial period. By joining such a subscription path, you will need to provide MyHeritage with your payment method details at the time of joining, and you agree that MyHeritage will begin charging you for the subscription upon the end of the trial period, as a transaction for an indefinite period, with periodic billing.
Visa and Mastercard credit card holders will receive a notification by email 7 days before the end of the trial period.
You may request the cancellation of the subscription before the end of the trial period, as detailed below.
You may cancel a paid subscription in accordance with and subject to the provisions of the Consumer Protection Law, 5741""A – 1981 (""Consumer Protection Law""<b/>) and the following Terms of Use:
It is clarified that in any conflict between the above provisions and the provisions of the law, the provisions of the law will prevail.
Your cancellation notice must include identifying information (full name, ID number, and email address with which you registered for the service), and be submitted in one of the following ways:
1. Accessing the "Cancel Transaction" link at the bottom of the website's main page, or accessing the My Purchases page, selecting the relevant route for the subscription you purchased, then clicking on "Cancel Subscription" and completing the relevant data.
2. Contacting the customer service center by email at the following address: support@myheritage.com. Please indicate in the subject of the message "Cancel Subscription", and specify in the body of the message which subscription you wish to cancel if you have more than one subscription.
3. Contacting the customer service center by phone, using the callback service. To fill out the form to request a callback, click [here].
4. Delivering the cancellation notice verbally by phone: 1-809-412-151 by leaving a voice message. This number is for For cancellation notices only. For inquiries on other matters, we will contact you by an alternative method.
5. Written application by registered mail to MyHeritage Ltd., PO Box 513410662, P.O. Box 50, Terminal Park, Or Yehuda, Israel 6037603. Please specify in the body of the letter which subscription you wish to cancel if you have more than one subscription.
After the cancellation takes effect, your account will be converted to the free Basic plan, and you will no longer have access to applications, databases and product features available for paid subscriptions.
3. Prices are subject to change
The recurring charges for a paid subscription will be at the price you agreed to when you signed up for a paid subscription. If there is a change to the price you agreed to when you signed up for a paid subscription, we will notify you in advance by email.
If you are eligible for a discounted price for the first billing period when you sign up for a paid subscription, you will be charged the regular price (excluding the one-time discount) for subsequent recurring charges that you agreed to when you signed up for a paid subscription.
MyHeritage reserves the right to update subscription prices from time to time.
To see the most current prices, please review the Price List.
After each recurring charge, MyHeritage will send you an email with the amount you were charged.
4. Paid Subscription with a Fixed Price Guarantee (price lock)
Paid subscriptions purchased with a fixed price guarantee will continue to be charged at the same price for each periodic charge at which they were originally purchased. Changes in the prices of paid subscriptions in accordance with Section 3 will not affect the price of a paid subscription with a fixed price guarantee. If you have a paid subscription with a fixed price guarantee, then as long as you have not canceled it, you will always be charged the fixed price in the periodic charge. In the event that you choose to cancel the subscription, then there is no guarantee that you will have the option to purchase it again at the same price in the future.
5. Gift Subscription
This subscription is not available for purchase in Israel.
Purchasing a Paid Subscription to the App via the Google Play Store or Apple App Store or any Third-Party App Store
If you purchase a paid subscription to the MyHeritage Service in the App via the Google Play Store or Apple App Store or any Third-Party App Store, your purchase will be made directly with Google or Apple or the relevant third party and not with MyHeritage. This means that you will be subject to certain terms of use set by Google and Apple or the relevant third party, including those regarding payment and billing for the subscription, subscription renewal, subscription cancellation, and pre-charge notifications. MyHeritage has no control over how any actions related to these subscriptions will be carried out.
Exemption from liability and indemnification
Exemption from liability
A. To the fullest extent permitted by applicable law, in no event will MyHeritage, its managers, agents, representatives, employees, licensors and affiliates be held responsible for any incorrect or inaccurate information that pertains to the Service, whether this was caused by users, Members, subscribers, advertisers or affiliates, or due to the equipment or the software related to the operation of the Website or the Service, or used to operate them.
B. MyHeritage, its affiliates and licensors are not responsible for the conduct, whether online or offline, of any Member or other user on the Website. To the fullest extent permitted by applicable law, we shall in no event be liable for any loss or damage, including loss of data or information, injury or death, or individual consequences, which is a result of any use of the Website or the Service by any person, a result of any data uploaded to the Website or passed on to Members or other users, or of any interaction between Members and other users or other Members of the Website, whether online or offline.
C. The data, products and services included in the Service and the Website may contain inaccuracies or typographical errors. Changes are made from time to time to the information contained therein, to these Terms and Conditions and to the Privacy Policy.
D. MyHeritage shall not be responsible for any error, omission, disruption, deletion, defect, delay in the operation or transmission, communication line failure, theft, destruction, unauthorized access, or alteration, of the communication of users or Members; not shall it be responsible for any problem or technical malfunction in any telephone network or landlines, online computer systems, servers or vendors, computer equipment, software, failure of emails or media players due to technical problems or congestion on the Internet or on any website or any combination thereof. MyHeritage and its affiliates are not responsible for any damage or harm to any computer equipment that belongs to a user of the Website, to a Member or to any other person, which is related to or derives from the use of the Website, from viewing, playing or downloading any materials on the Website or from it, or otherwise connected to the Service.
E. OldNews.com offers archived newspapers for historical research. Since the newspapers along with the pictures and articles included within them (the “Newspaper Content”) were collected from around the world and from different periods in time, the Newspaper Content may contain information that you may find sexist, pornographic, indecent, vulgar, disturbing, racist, misleading, fraudulent, or otherwise offensive. MyHeritage does not endorse any such Newspaper Content and assumes no responsibility over such Newspaper Content. You agree that your use of the OldNews.com website is at your own risk. You understand and agree that MyHeritage makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the Newspaper Content.
F. The information, products and services included in the Service and the Website are provided “as is”. Unless otherwise prohibited by the applicable law, MyHeritage expressly waives any representations or warranties of any kind whatsoever, whether expressed or implied, including, without limitation, with respect to marketability, suitability for a specific purpose, property, non-infringement of third party rights or other rights, satisfactory quality, availability of the Website at any time and place, lack of interruption and/or secure conditions; that any flaws or errors will be corrected; or that the Service is free of viruses or other harmful components. We do not warrant that any specific results will be achieved by using the Service. The Service may contain links to third party websites which we do not own or control. We have no control over, and we disclaim any responsibility for, the content, policies or conduct of any third-party websites and we are not responsible for them. You expressly release us from any liability arising from your use of any third-party websites or services. We do not undertake, support, encourage, promote or take responsibility for any product or service advertised or offered by a third party through the Service or any website, link, banner, other advertisement or other information that may be mentioned on the Website. We will not be a party and nor will we be responsible for overseeing, in any manner, any transaction between you and any third-party vendor of products or services. We and our third-party vendors do not present any representations regarding the suitability, reliability or accuracy of the content presented on the Website for any purpose. In no event shall we or our third-party vendors be liable for any direct, indirect, consequential, punitive, special or other damages, including, without derogating from the generality of the foregoing, loss of profits or revenues, loss of data and other damages due to contracts, torts, equity laws or any other legal theory, even if a notice was given on the possibility that such damage might occur.
Liability ceiling
Under no circumstances shall MyHeritage (or its third-party vendors) be liable towards you or any other third party for indirect, consequential, exemplary, incidental, special or punitive damages, including damages resulting from your use of or inability to use the Service or any part thereof, even if we were notified of the possibility that such damages might occur. Without derogating from the foregoing, our liability (or the liability of third-party vendors on our behalf) towards you or any other third party, for any reason whatsoever, shall be limited at all times to the amount paid, if any, by you to us for the Service during the membership period. We undertake no liability whatsoever that arises from: (i) content errors, omissions or inaccuracies; (ii) personal injury or damage to property of any kind whatsoever arising from your access to and use of the Service; (iii) any unauthorized access to, or use of, our servers and/or any data stored or used by it; (iv) any interruption or cessation of access to or from the Service; (v) bugs, viruses, trojan horses and the like, which may be transmitted to or through the Service; and/or (vi) any loss or damage of any kind whatsoever caused by your use of the Service, whether based on liability, contracts, torts or any other legal theory. The foregoing limitations of liability shall apply to the fullest extent permitted by applicable law under the relevant jurisdiction.
Since in some countries/jurisdictions the liability for consequential or incidental damages cannot be excluded or limited, this limitation may partially not apply to you. If you are dissatisfied with any part of the Service or any of these Terms and Conditions, your only remedy is to cease using the Service.
Indemnification
You agree to indemnify and hold harmless MyHeritage, its subsidiaries, employees, directors, agents, licensors, executives, affiliates and any third party acting on our behalf, their managers, agents, partners and employees, against any damage, legal action, loss of profits or expenses (including attorneys’ fees), liability, claim or demand by any third party as a result of or due to your use of or access to the Service, your breach of this Agreement and/or any breach of your representations and obligations set forth above and/or any data that you upload to the Website or otherwise transmit to us or through the Service, which renders us liable toward any third party.
Additional terms of membership
1.Registration and security
A. As part of your registration process, you will be required to provide your email address and full name and password. You must provide us with correct, accurate, complete and up-to-date registration information. Failure to do so would constitute a breach of this Agreement. You understand that you are not allowed to: (1) choose or use the name or email address of another person with the intention of impersonating that person; (2) use the name or email address of any person other than you without permission; (3) indicate an incorrect year of birth or date of birth in respect of yourself; or (4) use any name or email address which we, in our sole discretion, deem inappropriate or offensive.
B. You must be 13 years old or older to use the Service, unless otherwise provided by the laws of the country in which you reside or from which you use the Service (for more information on the minimum age for using the Service, see the chapter titled “Minor Users” below). Registering and logging in to the Website shall be deemed confirmation that you are over the minimum age. If your age is above the minimum age but below the age of 18, you will be required to provide consent from a parent or a legal guardian to use the Service (for more information, see the chapter titled “Young persons under the age of 18” below).
C. You are responsible for keeping your password confidential and you must avoid revealing it to anyone else. You are required not to use your MyHeritage password at any other website. You are responsible for any use or activity made on the Website through the use of your password. We will not require you, under any circumstances, to reveal your password to any representative on our behalf. Spreading your password to others in order to allow others to access the Website is strictly prohibited and will constitute a breach of this Agreement. You must notify us by regular mail or email to: privacy@myheritage.com about any known or suspected unauthorized use of your account, or any known or suspected security breach.
D. Any fraudulent, exploitative or otherwise illegal activity may result in the cancellation of your membership, in our sole discretion, and you may be referred to the appropriate law enforcement authorities.
2. Changes to this agreement and to the Service
We reserve the right, in our sole discretion, to modify this agreement or the Service at any time. Changes to the Service will be posted on the Website. If any part of this Agreement or any modification thereto or to the Service is not acceptable to you or causes you no to perform this Agreement, you must cease using the Service. Your continued use of the Service, now or after changes have been made to this Agreement means that you have accepted and assumed compliance with such changes.
Whenever this Agreement is substantially amended, the label “Updated” will immediately appear next to the “Terms and Conditions” link leading to this Agreement at the bottom of the service pages. This title will be removed after the lapse of 30 days or after you have accessed the updated pages of the Terms and Conditions, whichever is earlier. In the event of a material change to this Agreement, you will be notified by an email message reasonably in advance.
3. Minor users
We require that our users will be at least 13 years old before they are able to create an account with the Service. In some countries, the age limit may be higher (the “minimum age”). In compliance with the laws of Israel, Canada, Spain and South Korea, we require users to be at least 14 years old and in California at least 16 years old before they can create an account and use the Service.
Providing false information in order to create an account will always constitute a breach of this Agreement. This includes accounts registered by older people on behalf of children below than the minimum age.
If your minor child (a child under the minimum age) has created an account with MyHeritage, you may show them how to delete their account by having them log into their account, selecting "Account Settings" from the account menu at the top-right corner, and then clicking on "Delete my Account" option. If you wish to notify us about an account registered to the name of a minor, please send the details via email to privacy@myheritage.com. We will promptly delete the account of any child under the minimum age that is reported to us.
4. Young persons under the age of 18
Young persons under the age of 18 may use the Service, provided that they are not minors under the minimum age (see the “Minor Users” chapter above), and provided that they obtained the consent of their parent or legal guardian to use the service (“consent”). Young persons under the age of 18 may not use the Service without consent until they have reached the age of 18 or older.
In certain countries, the Service may display a special mandatory parent/legal guardian form, if it was determined that the user who registers or enters the Service is under the age of 18. In the consent form, the parent or guardian will be required to register his or her full name and email address and check boxes that state that he or she, namely, the parent or legal guardian of the child under the age of 18, agrees to the terms of this Agreement and the Privacy Policy and accepts responsibility for the use of the Service by the child under the age of 18. If a consent form is displayed, the Service may not be used until the form has been completed. If the user is not under the age of 18, the form will allow the user to declare this fact and indicate the correct year of birth. Once the consent form has been completed and submitted, the Service will record the details of the consent but will not make any further use of the details of the parent or the legal guardian that were filled out in the form.
Applicable law, dispute resolution, jurisdiction and statute of limitations
You hereby represent and warrant that you are aware of the terms of this Agreement, and that you agree to their contents; and that you shall have no claim or action or demand or dispute whatsoever vis-à-vis MyHeritage in connection with them. The terms of this Agreement shall form the legal basis for any discussion between you or anyone on your behalf, and MyHeritage or anyone acting on its behalf.
1. Applicable law
The laws of the State of Israel, exclusively, shall govern the use of the Website and the Service, as well as any claim, demand, dispute, argument or legal proceeding that stem from the terms of this Agreement or from any other matter between the parties, and the rules of choice of international law set forth therein shall not apply, so that any matter as aforesaid shall be deliberated in accordance with the laws of the State of Israel only.
2. Dispute resolution
In any argument, dispute, demand or conflict that you or any of your representatives have with us, you agree to contact us first with a preliminary notice so that we may attempt to settle the matter directly with you. In the unlikely event that we fail to resolve the matter directly with you within 45 days from your request, you agree to settle the dispute with us on a personal basis only, as part of an arbitration proceeding as specified below, and in any event, you undertake not to file a class action or to participate in such proceeding. Any argument, demand, dispute, conflict or legal proceeding between you or anyone on your behalf and us or anyone on our behalf - will be decided in Israel as part of a final and legally-binding arbitration proceeding. The arbitration proceeding will be held before single-arbitrator panel, who will be appointed by the parties by way of agreement (the “arbitrator”). If we have not reached an agreement as to the identity of the arbitrator within 45 days from the either party’s request to the other party, the arbitrator will be appointed by the Arbitration Institute of the Israel Bar Association, upon the request of either party. The arbitrator shall be subject to the Israeli laws of evidence and to the civil law procedure in Israel, and shall be required to rule in accordance with the substantive Israeli law and the provisions of this Agreement, and shall be obliged to state reasons for its decision. The arbitrator shall be entitled to grant temporary reliefs and interim orders; the place of arbitration shall be in the Tel Aviv-Yafo District, Israel; the competent court pursuant to the provisions of the Arbitration Law, 5728-1968 (the “Arbitration Law”) shall be the courts in the Tel Aviv-Yafo District, Israel. The parties agree that the arbitration award may be appealed upon before another arbitrator, in accordance with the provisions of Section 21A of the Arbitration Law and the Schedules thereto. The approval of this Agreement is tantamount to signing an arbitration agreement (the “arbitration agreement”). Notwithstanding the foregoing, should any party hereto be sued by a third party, in any legal proceeding, the defendant may join the other party to such judicial proceeding and in this case the arbitration agreement shall not apply.
3. Temporary relief and prohibitory injunctions
Notwithstanding the foregoing, in the event that you breach the law or the terms hereof, you agree that MyHeritage may apply for a temporary relief or prohibitory injunction before any legal instance and under any jurisdiction.
4. Jurisdiction
In any matter that does not fall within the jurisdiction of the arbitrator or in any matter in which the arbitration agreement shall not apply, the exclusive jurisdiction shall rest with the competent court in the Tel Aviv-Yafo District, Israel, except as described in Section 3 above.
5. Statute of limitations
You hereby agree and acknowledge that the statute of limitations period with respect to any claim, dispute, conflict, action or demand against MyHeritage or any representative thereof, shall be limited to a period of 6 months from the event which led to the matter in question, and all the parties to this Agreement deem this acknowledgement a consent given to the statute of limitations within the meaning of this term under Section 19 of the Prescription Law, 5718-1958 (hereinafter: the “consent to the statute of limitations”), so that all claims related to this agreement or to the use of the Website or the Service or to the relationship between the parties, will be completely void if they have not been filed within 6 months.
Exhaustive agreement
This Agreement, together with the MyHeritage Privacy Policy, and any other legal notice or terms published by MyHeritage on the Website (as applicable) will constitute the entire agreement between you and MyHeritage on account of the use of the Website and the Service. Any delay or avoidance on our part from exercising or enforcing any right or provision hereunder shall not be deemed a waiver of any such right or provision. Section titles in this agreement are intended for convenience purposes only and shall not have any legal or contractual force or effect. This Agreement shall apply to the fullest extent permitted by law. If any provision of this Agreement is deemed unlawful, void or unenforceable, the same provision shall be deemed to have been deleted from the Agreement and shall not affect the validity and enforcement of the remaining provisions. This Agreement, and any rights and licenses granted hereinabove, may not be transferred or assigned by you; however, we may assign or transfer them without limitation. Any transfer or assignment in contravention of the foregoing shall be void.
Contact us
You may contact us with any question in connection with this Agreement, the Website, the Service or any other relevant matter via our support center or by contacting us in writing at the address listed below.
Official correspondence should be sent by mail to:
MyHeritage Ltd.
To customer service
P.O.D. 50, Terminal Park, Or Yehuda, Israel, 6037603
https://www.myheritage.co.il