Effective Date: March 31 2025
By using the website that links to these Terms and Conditions (the “Terms”)—HoS®, you agree to these Terms. Any new features in the future will also be subject to these Terms.
These Terms incorporate by reference additional policies and guidelines, including the Cookie Policy, Copyright Policy, Trademarks Guidelines, as well as our Privacy Statement, which explains how we collect and use your personal data. Please read all of these documents carefully to understand your rights and responsibilities when using the Site. If you do not agree to these Terms, you should not use our Site.
If you have any questions about these Terms or our Services, please contact us.
When using our Site you may discover unexpected facts about yourself or your family. You may also come across content you find offensive, inaccurate, or otherwise objectionable. While you may have a strong emotional reaction, as may others with whom you share these discoveries, you expressly agree to assume all risks associated with your use of the Site and not to hold HoS liable for any social, emotional, or legal consequences of such discoveries or encounters. For more information about HoS’s Limited Liability, please review Section 5 of these Terms.
The Site is intended for those who have reached the age of consent. If you are under the age of 13, you may use the Site with your parent's or guardian's permission.
The Site contains photos, documents, records, indexes of content, and other content provided to you by HoS (“HoS Content”). All HoS Content may be used only in accordance with these Terms, including HoS Content that may also be in the public domain (“Public Domain Content”).
All elements of the Site that are created by us or under our direction, or where the copyright has been assigned or licensed to us, are subject to USA copyright protections. For additional information about our Copyright Policy, click here. The Site may also include trademarks that are owned by us and protected under USA trademark laws and treaties. All uses of our trademarks and any goodwill resulting therefrom will inure to our benefit. For additional information about our trademarks, click here.
When accessing HoS Content you agree:
We hope all who use our site will contribute content, including but not limited to: (i) family trees; (ii) family memories such as photos, and stories; (iii) record annotations, comments and messages; and (iv) feedback provided to HoS about the Site (“Your Content”). Your Content that contains Personal Information will be treated in accordance with our Privacy Statement.
HoS does not claim any ownership rights to Your Content. You can delete Your Content by submitting a request to contact us. However, if you submit feedback, record annotations, or suggestions about HoS or our Site, you acknowledge that it is deemed to be non-confidential and non-proprietary and we may use your feedback, record annotations, or suggestions for any purpose without any obligation or compensation to you.
By submitting Your Content, you grant HoS a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content to provide, promote, or improve the Site, consistent with your written instructions. You can terminate HoS’s license by requesting to have Your Content deleted, except to the extent you shared Your Content with others and they have used Your Content. You also agree that HoS owns any indexes and compilations that include Your Content and may use them after Your Content is deleted.
HoS will advise any user who has notified us of content that violates our Terms of HoS’s decision to take any action against the content. Any person affected by HoS’s decision on content can contact HoS here to appeal.
If you have concerns that any content infringes your rights, contains illegal material, or otherwise violates these Terms, please contact us. We respect the intellectual property rights of others. For complaints regarding copyright infringement or to submit a copyright infringement notice and takedown request, including those made pursuant to the U.S. Digital Millennium Copyright Act, click here.
Subject to Section 10.2.1, we provide the HoS Content to you on an “AS-IS” basis, meaning without any guarantee or warranty. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises about (a) the HoS Content, (b) Your Content, (c) the specific functionality of the Site, (d) the quality, accuracy, reliability, or availability of the HoS Content, or (e) that the Site will be free from viruses or other harmful components.
We are constantly working to improve our Services. HoS frequently runs experiments and tests new features that may not be available to everyone. HoS makes no promises that experiments or new features will remain available or be expanded. HoS may add or remove functionality or features from the Site. For more information about your rights, please review Section 10.
By using the Site, you agree that HoS’s liability is limited to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. If you live in a jurisdiction that does not allow us to broadly limit our liability, some of these limitations may not apply to you.
If you are dissatisfied with any portion of the Site or with any statement in these Terms, your sole remedy is to stop using the Site.
You agree that you will indemnify and hold HoS, harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Site and (a) your violation of these Terms or other documents or policies incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to Your Content, including a claim that Your Content caused damage to another person. This indemnification obligation will continue after you stop using the Site. In addition, you release HoS from all claims, demands, actions, or suits in connection with Your Content, including any liability related to our use or non-use of Your Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
Our Services may contain links to websites operated by third-parties but that does not constitute sponsorship, endorsement, approval, or responsibility. HoS does not warrant any offers or make any guarantees about third-party sites, their content, products, or services. Please read the terms and conditions and privacy documentation for all third-party sites carefully, as they may differ substantially from HoS.
We may modify these Terms at any time and agree to notify you of any material changes by posting information through the Site. Material changes become effective thirty days after they are posted, except for changes addressing new Features or legal requirements, which will be effective immediately. Your continued use of the Site means you accept the modified Terms. If you do not agree to the changes, you should stop using the Site.
These Terms and other documents incorporated by reference are the entire agreement between you and HoS regarding your use of the Site and supersede any prior agreements.
We reserve the right to assign or transfer our rights and obligations under this Agreement. If HoS is acquired or transferred to another entity (in whole or part, and including in connection with bankruptcy or similar proceedings), you agree that HoS may share your Personal Information and Your Content with that entity. You may not assign or transfer any of your rights and obligations under these Terms without HoS’s written consent. There are no third-party beneficiaries to these Terms.
Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms.
Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision, and we reserve all rights not expressly provided to you herein.
HoS does not knowingly seek or collect any Personal Information directly from anyone under the age of 13 and will take commercially reasonable efforts to delete such data from our systems.
HoS does not accept, review, or consider unsolicited ideas or materials (including, without limitation, new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names) other than those HoS has specifically requested. Please do not send your unsolicited ideas or materials to HoS. If you do send them, you understand and agree that HoS will consider the unsolicited ideas and materials you submit non-confidential and non-proprietary, and HoS will be entitled to unrestricted use of these ideas and materials, without obligations, contractual or otherwise, and without any compensation to you.