Terms and Conditions of Use
Before using or subscribing to the Kent OPC project or to any part or portion of its' web site, please review the following terms and conditions (hereinafter referred to as the "agreement") which define your rights, responsibilities and benefits as a user of the Kent OPC project and/or its' web site.
The Kent OPC project operates an Internet service (hereinafter referred to as the "service") made possible through the donation of the time and resources of Susan D. Young and her company, Ancestry Solutions (hereinafter referred to as "Ancestry Solutions"). Neither the Kent OPC project, Susan D. Young nor Ancestry Solutions has any affiliation of any nature whatsoever with The Generations Network or any of it's subsidiaries including but not limited to Rootsweb, Ancestry.com and MyFamily.com, Inc..
In this agreement "you" or "your" means an adult user of the service for yourself and you as parent or guardian for any minor who you allow to access the Service, for whom you will be held strictly responsible.
By using this web site, you agree to the terms and conditions or use set out in this agreement. If you disagree with any of the conditions, do not use this site. We reserve the right to change these conditions at any time, so please check for changes when you use the site. We may alter or amend this agreement in whole or in part and from time to time without further notice to you. Your continued use of the site following the posting of changes to these conditions means that you accept and agree to be bound to the terms and conditions set out in those changes. Additional conditions, beyond those stated in this agreement, may be required to use certain services on this site.
The graphics, information, data, editorial and other content (hereinafter referred to as the "material") featured on this site is subject to numerous and various forms of copyright protection afforded to the individual contributors of information to the Kent OPC project unless otherwise indicated. The copyright protected material may not be reproduced in any format or medium, except as hereinafter expressly set forth, without first obtaining from the Kent OPC project and/or www.kent-opc.org, or from the individual copyright holder, as the case may warrant, the express written consent so to do.
Royalty fees may be required to be paid to the applicable copyright owner prior to written consent being provided. The material on this site may not be reproduced in any format for commercial or profit making purposes without payment of royalty fees to the Kent OPC project and/or www.kent-opc.org, or to the individual copyright holder, as the case may be.
Where written permission has been obtained and royalty fees have been paid, any material that is to be republished or copied to others shall bear a notice containing a citation of the full source of the material and an acknowledgment of the copyright status of that material. Anyone republishing or reproducing any material lawfully supplied by the Kent OPC project and/or www.kent-opc.org is responsible for any consequent infringement of copyright.
Any permission to reproduce copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorization to reproduce such material must be obtained from the copyright holders concerned.
The Kent OPC project and its' web site, www.kent-opc.org, are protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions, and other copyright laws.
II. LIMITED USE LICENSE AND RESTRICTIONS
This web site is owned and operated by the Kent OPC project. All material found at this site is owned by the Kent OPC project or licensed to us under a non-exclusive limited use license by contributing third parties. You are hereby licensed to use the material on this website only for personal or professional family history research, and may download material only as searches produce results relevant to that research.
The download of the whole or significant portions of any material, work or database found on this web site is prohibited.
Resale of any material, work or database, or portion thereof, except as specific results relevant to specific research for an individual, is prohibited.
Online or other republication of material is prohibited except as unique data elements that are part of a unique family history or genealogy.
Otherwise, no part of this page or web site may be reproduced either in part or in its' or their entirety in any manner whatsoever without prior written permission of the Kent OPC project or its' assigns or successors, as the case may be, and the author hereof. More specifically, but not solely limited to the following restrictions, you may not post material from this site on another web site or on a computer network without first obtaining our written permission so do to. You may not transmit or distribute material from this site to others.
You may not use this site or information found at this site (including the names and addresses of those who submitted information) for selling or promoting products or services, soliciting clients or for any other commercial purpose. Such activity is strictly prohibited and failure to comply with this provision of this agreement will result in the blocking of your IP address, domain name and Internet Service Provider (ISP) in the Kent OPC web site and email addresses.
You may use access software provided on the service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software.
Violation of this License or any part or portion thereof will result in immediate termination of your user privileges on this web site and may result in legal action for injunction, damages or both.
If you have any questions or wish to obtain a license to post material or other information from this web site to a third party form of communication either in print or in other media-based communication, send an e-mail with full particulars of your request, the extent of information or material required, your name, address, company information, proposed publication information and contact details to: email@example.com.
III. USER-PROVIDED CONTENT
1. Portions of the service will contain user-provided content, to which you may contribute appropriate content. User-provided content includes, but is not limited to data, editorial material, images, graphics, and genealogical material whether provided in narrative, database or GEDCOM format.
3. You understand and agree that at any time during your use of the web site you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate.
5. In regard to user-provided content, the Kent OPC project and www.kent-opc.org are distributors only. By submitting content to the Kent OPC project and www.kent-opc.org, you grant a license to the content to each of the Kent OPC project and to www.kent-opc.org to use, host, distribute that Content and allow hosting and distribution of that Content, to the extent and in that form or context we deem appropriate.
6. Should you contribute content to the site, you understand that it will be seen and used by others under the license described herein. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations.
7. The Kent OPC project is sensitive to the copyright of others. Accordingly, we will not edit or monitor user-provided content, with the exception that, if required, to promote privacy, an automated filtering tool will be used to suppress, and omit from display, information submitted to the Kent Family Garden area of the site which appears to pertain to a living person.
8. We also reserve the right to remove any user-provided content that comes to our attention and that we believe, in our sole discretion, is unlawful, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way unlawful or objectionable.
9. Because the Kent OPC project web site is largely advertiser and sponsorship supported, you will not have the ability to "turn off" advertising or sponsorship messages that may appear on a page containing your user-provided content.
10. You shall notify us by regular mail or by e-mail at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or personal information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of the Kent OPC project, its administrator(s), owners, agents, sponsors, successors or assigns.
11. You must be 18 years or older to apply for a user account on any portion or part of the Kent OPC web site.
12. You are responsible for all usage or activity on the Kent OPC web site via your password account. Distribution of your password to others for any purpose whatsoever is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
IV. USER-PROVIDED CONTENT - GEDCOMS
A user may submit a GEDCOM for inclusion in and upload to the Kent Family Garden area of the Kent OPC project web site on the terms and conditions set out below and elsewhere in this agreement.
1. Given the nature of the software used to power the Kent Family Garden you understand and agree that your GEDCOM data, while being independently uploaded, decompiled and maintained on the Kent OPC web site and uniquely identified by links and other identifying information throughout the Kent Family Garden, will be included with other user-provided GEDCOM data, from time to time, in certain areas of the Kent Family Garden. For example, as at the date of the writing of these Terms and Conditions of Use there are two user-provided GEDCOMs loaded in the Kent Family Garden, each of which contains families by the surname of Gregory. A search for data called from the main search menu returns all individuals surnamed Gregory ordered alphabetically by the Christian name of the individuals. To the far right of each entry, however, is a link to the unique family name assigned to each GEDCOM that indicates that some of the results have come from the tree named Gregory of Waltham and some have come from the tree named Young.
2. All GEDCOMs submitted to the Kent OPC project for upload to its' web site will be uploaded, decompiled and displayed interactively in the Kent Family Garden. The Global Administrator of the Kent Family Garden, whoever that may be from time to time, is solely charged with the responsibility and duty of uploading a user-contributed GEDCOM to the server and making that user-contributed GEDCOM data functional within the Kent Family Garden.
3. You understand and agree that the Global Administrator of the Kent Family Garden web site, whoever that person may be, shall, among other administrative duties, have all rights of addition, revision, deletion, and assignment of user rights for all trees and all branches of families contained with the said site.
4. At the time that you submit a GEDCOM to the Kent OPC project for inclusion in its' Kent Family Garden you must provide to the Kent OPC administration a unique identifying title for your family data, which can be assigned to your GEDCOM data at the time of upload into the Kent Family Garden. The name should be sufficiently unique to identify the primary family line and the parish most common to the family and to permit it to be distinguished from among other similarly named families. For example, Smith of Ospringe would be better identified as Smith_CT_of_Ospringe, to distinguish that data from the data submitted for Smith_Edward_of_Ospringe. We reserve the right to add further identifying numbers to the title name should it happen that more than one GEDCOM has been submitted by separate individuals pertaining to the same or similarly named family.
5. You understand and agree that any data contained in your GEDCOM that is the subject or contained within unique events or tags in your genealogical data storage program may not properly or fully decompile within the Kent Family Garden. Information in such tags or events may be rendered completely unusable or visible on the Kent OPC website. If there is important information contained with such tags or events, i.e. military service history or honours, you are encouraged to convert those unique events or tags to notes or sources prior to producing your GEDCOM for the Kent OPC project.
6. A link to the Kent OPC project's parish page for your primary parish of lineage, as identified in # immediately above, shall be added so that users interested in that same parish may visit and search your data for a possible familial connection. The URL for such a link is generated by the PHP program that powers the Kent Family Garden and cannot be altered or made more search engine friendly.
7. Your name and contact email address will be displayed on the Kent Family Garden as the contributor responsible for your GEDCOM data and will therefore be visible to all users of the web site whether registered users or otherwise. You agree that you will receive email from time to time from persons interested in your data and that you will be wholly responsible for all contact with such individuals or organizations. In the event that the contact you receive is malicious or of a nuisance nature upon submitting full particulars of that individual or organization's contact details to the Kent OPC administrator, the administrator will attempt to block the URL and email address emanating from that nuisance source from further access to the Kent OPC web site.
8. No GEDCOM data will be permitted to be decompiled and displayed on any area of the www.kent-opc.org web site if such material contains the names or other details of living individuals. You must remove the names or other personal details of all living individuals prior to submitting your GEDCOM to the Kent OPC project. In the event an individual is still living that was enumerated during the 1912 census and appears on the enumerator's schedules, only the sex, age and place of birth of that individual may be included in the family group, notes and sources pertaining to his or her family. In such a case, a statement may be made such as "my grandmother" or "my grand-uncle" in place of the person's name.
9. No GEDCOM data will be permitted to be decompiled and displayed on any area of the www.kent-opc.org web site if such material contains or is deemed by us that we believe, in our sole discretion, is unlawful, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way unlawful and/or objectionable.
10. You the user represent that you have obtained all requisite permissions from all living individuals who may be unduly adversely affected by information included in your GEDCOM file concerning recently deceased ancestors. For the purposes of providing guidance to you in order to meet this aspect of this agreement this example is provided: If there was illegitimacy of a child born within the past 100 years, i.e. 1912 through 2012, both inclusive, and notwithstanding if that child is now or has long since been deceased, unless permission of each living descendant of that child has been obtained and is provided with the submission of the user's GEDCOM file, that information will be deleted from the GEDCOM file as soon as it is decompiled on the Kent OPC's web server.
11. You represent and warrant to the Kent OPC project that the information contained in your user-provided GEDCOM is not currently, nor has ever been, submitted to or displayed on any of the subsidiaries of the Genealogical Society of Utah, including but not limited to the Family Search website.
12. You represent and warrant to the Kent OPC project that the information contained in your user-provided GEDCOM is not currently, nor has ever been, submitted to or displayed on The Generations Network or any of its' affiliates or subsidiaries, including but not limited to Rootsweb, to any of the Ancestry websites and Genealogy.com.
13. You may request that one image of each of your direct-line ancestors be added to your data in the Kent Family Garden.
14. You may request that one image of a headstone for each of your direct-line ancestors be added to your data in the Kent Family Garden.
15. You may request that one image of the results of any mitochondrial DNA analysis of your maternal ancestry be added to your data in the Kent Family Garden. We can assist you with the proper set up and display of the analysis results should you so desire.
16. You may request that one image of the results of any Y-chromosone DNA analysis of your paternal ancestry be added to your data in the Kent Family Garden. We can assist you with the proper set up and display of the analysis results should you so desire.
17. It is expected that any documentation used in support of your ancestry and attached to your genealogical data will be converted into properly formed sources and citations, or reproduced in the notes section prior to submission of your GEDCOM to the Kent OPC project. We are unable to accommodate the inclusion of images of certificates, church registers, census, tax lists, Wills or any other such similar source material, but are happy to have the sources, citations and full transcripts of such material included as part of your family data.
18. The Kent OPC project will not, at any time, utilize user-contributed GEDCOM data in collaboration with any other organizations (including commercial genealogical organizations) for any purpose whatsoever without first obtaining your express written permission so to do. We are unable, however, to restrict linking by such third party web sites to the information contained as part of your user-provided GEDCOM content.
19. Those who may view your genealogical data through another organizations' Internet site cannot see any of your personal information other than your name and contact email address as provided to the Kent OPC project for inclusion with your GEDCOM information.
20. Your GEDCOM data will form only one part of the total combined Kent Family Garden area of the Kent any OPC project web site. Accordingly, for the initial three months following submission and upload of your GEDCOM to the Kent OPC project you will not be granted access to administrative functions pertaining to your data such as the right to add records, edit records and/or delete records.
21. Users may add, correct or delete ancestral data in the Kent Family Garden via the "Suggest" a correction page that is displayed in the menu found on all "Individual" pages. Unless you are the original contributor of the data, the suggested alteration will be forwarded to that original contributor with your contact name and details for consideration and reply directly to you. Only original contributors of GEDCOM material or personal information are able to authorize a change, correct, edit or delete any part of their user-provided GEDCOM content.
22. GEDCOM contributors may, after a term of three months has elapsed from the first upload of their GEDCOM to the Kent Family Garden, apply for limited administrative privileges as regards the correction, addition and/or deletion of their in situ user-provided data. At that time, the Global Administrator of the Kent Family Garden will assign the contributor these rights but with access restricted to their own user-contributed GEDCOM data. At no time will such administrative privileges be granted to a user in respect of any material not submitted by them. Upon the granting of limited administrative duties you will be assigned a username and password. The username cannot be changed. However, the password can be changed by you upon your first log-on to the website. The software encrypts all passwords and not even the Global Administrator will have access to that password. Keep you password well protected and in a safe place. The Kent OPC project is not responsible for any damage that may happen to your data that arises as a result of your password having been misused by any other individual or entity. The Kent OPC is also not able, due to the encryption of the passwords, to provide you with your password should you lose it.
23. In the event that you do not wish to obtain administrative privileges for your family data, a GEDCOM containing revisions to the initial user-provided data may be submitted to the Kent OPC project once in every quarter year for re-upload and decompiling in the Kent Family Garden. Submissions should be made during between the 1st and 15th days of each of the months of March, June, September and December in order for the revised GEDCOM to appear as part of the Kent Family Garden for the then ensuing quarter year.
24. It is understood by you the user that all revised GEDCOMs submitted will overwrite the existing data in your then displayed tree. In the event that your revised GEDCOM contains re-assigned person ID, RIN or MRIN numbers to one or more individuals for whom links to photographs or other images exist in the current online version of your data, you will be responsible for identifying and correcting the misplaced images.
25. You acknowledge and agree that there are areas of the Kent Family Garden that are now and will always remain under the sole authorship, control and discretion of the Kent OPC project. Additionally, many features of the Kent Family Garden are produced directly from the family trees contained within it by the PHP program and software that powers it. The areas of the Kent Family Garden that are affected by these conditions and restrictions are: Histories, Albums, Reports, Statistics, What's New, Log In, Photos, Documents, Videos, Recordings, All Media, Cemeteries, Headstones, Places, Notes, Dates and Anniversaries, Sources, Repositories, Access Log, Change Language, Surnames, and Bookmarks. Any stray entries found in any of these areas of the Kent Family Garden will be deleted.
26. At such time as you are granted limited rights to add, edit and delete records and material from your family data in the Kent Family Garden there are areas of the administration panel for which you will not be granted access. Those areas are Albums, Repositories, Media, Cemeteries, Places, Timeline Events, Import/Export, Setup, Users, Trees, Branches, Custom Event Types, Reports, Languages and Utilities.
27. It may, in future, be necessary to levy an annual fee, payable in advance, for the decompiling and maintenance of GEDCOM files on the Kent OPC project web site. The decision to levy an annual fee remains in the sole discretion of the Kent OPC administration. Any fees so charged, however, will be used to offset the then current charges and costs of web site maintenance, server hosting fees and software licensing fees and for no other purposes.
28. You agree to indemnify and save harmless the Kent OPC project, its administrator(s) and www.kent-opc.org from any all actions that may be brought at any time and from time to time by any third party for breach of copyright in relation to any of the material you post on the Kent OPC project website.
V. LINKING AND EXTERNAL LINKS DISCLAIMER
For your convenience, the Kent OPC project and www.kent-opc.org has provided and contains links to other genealogical web sites. These sites are not maintained or controlled by us and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material please notify us immediately.
Because web pages are constantly changed and updated, it is impossible to list all genealogical web sites. We do not guarantee that your search results will be complete or accurate. Some content on this site may contain URLs that were valid when originally published but now link to sites or pages that no longer exist. We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other sites is legally permissable and consistent with the expectations of those who use the Internet. However, if access to a particular site should be restricted, the site operator should promptly notify us.
Web sites that are linked to and from this site are operated or created by or for organizations outside of the Kent OPC project and www.kent-opc.org. Those organizations are solely responsible for the operation, language in which that site is written and information (including the right to display such information) found on their respective web sites. The linking to or from www.kent-opc.org does not imply on the part of the Kent OPC project or www.kent-opc.org any endorsement or guarantee of any of the organizations or information (including the right to display such information) found on their respective web sites.
The Kent OPC project and www.kent-opc.org does not assume and is not responsible for any liability whatsoever for the linking of any of these linked web sites, the operation or content (including the right to display such information) of any of the linked web sites, nor for any of the information, interpretation, comments or opinions expressed in any of the linked web sites. Any comments or inquiries regarding the linked web sites are to be directed to the particular individual or organization for which the particular web site is being operated.
You may be able to download software at this site. You may only use that software as provided by the license agreement that accompanies the software. If the software is subject to Canadian export controls, you are solely responsible for abiding by them.
VII. LIMITATIONS OF LIABILITY
Neither the Kent OPC project, its administrator(s), employee(s), www.kent-opc. org, agents, assigns or successors, nor any or all of its' suppliers are liable for any damages whatsoever including but not limited to consequential, incidental, direct, indirect, special, lost profits, business interruption and loss of programs or other date on your information handling system resulting from your use of, or your inability to use, the materials in this site or any linked site.
Because some jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you.
Notwithstanding the foregoing, in no event shall our total liability to you for any and all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or any linked site.
THESE MATERIALS ARE PROVIDED "AS-IS" FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTIES OF ANY KIND OR NATURE, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW.
THE KENT OPC PROJECT AND WWW.KENT-OPC.ORG DISCLAIM ANY AND ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE CONTENT OF THESE MATERIALS OR THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, THE ABOVE LIMITATION(S) MAY NOT APPLY TO YOU.
WE DO NOT WARRANT THAT THE FUNCTION CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE/IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IX. JURISDICTION AND APPLICABLE LAW
The Kent OPC project and its' web site are designed, maintained and administered in Ontario, Canada. The www.kent-opc.org website only is hosted in Toronto, Ontario, Canada through a host provider based in Richmond, British Columbia, Canada. If you are not a resident of Canada you can use this site but you are responsible for ensuring that your actions comply with the laws in your area.
This agreement shall be governed by the laws of the Province of Ontario as applied to agreements entered into and to be performed entirely within the said province without giving effect to any principles of conflicts of law. Any action you bring to enforce this agreement or any matters related to this site shall be brought in the appropriate court located in St. Catharines, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
If any provision of this agreement is unlawful, void, or unenforceable, in whole or in part, the remaining provisions shall not be affected unless we determine that the invalid or unenforceable provision is an essential term to the agreement in which case we may, at our sole discretion, amend the agreement.
Additional conditions may be required to use certain services on this site.
Any correspondence must be first sent via email to: Susan D. Young, County Administrator, Kent OPC Project, at email@example.com. If it is determined that "official" correspondence necessitates the delivery of physical mail then the address to which such official correspondence should be sent will be provided to you via return email in response to your query.
These terms and conditions of use shall be effective of and from Friday, the 20th day of February, 2009 at 11:59 a.m. E.S.T..