Reclaiming Kin Website Terms and Conditions of Use
1. Terms
a. These terms and conditions set out the terms and conditions between you, the customer, and Reclaiming Kin (“us”, “we”), governing the use of our website including the content therein (the “products”). By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local
laws.
b. Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Use License for Free Content
a. Permission is granted to use all free content, such as PDFs, which were created by Reclaiming Kin, for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify the materials;
ii. use the materials for any commercial purpose;
iii. remove any copyright or other proprietary notations from the materials;
iv. transfer the materials to another person or “mirror” the materials on any other server; or
v. post these products to social media and misrepresent that they were created by anyone other than Reclaiming Kin.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Reclaiming Kin at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
c. You agree not to use the free content in any way which might be detrimental to or damage the reputation of Reclaiming Kin.
3. Use License for Purchased Digital Downloads
a. Your purchase of one of digital our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use. You are also granted the right, in the case of digital downloadable cards and family history art images, to print multiple copies of your purchased product to send to friends and family. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify the materials;
ii. use the materials for any commercial purpose;
iii. remove any copyright or other proprietary notations from the materials;
iv. transfer the materials to another person or “mirror” the materials on any other server; or
v. post these products to social media and misrepresent that they were created by anyone other than Reclaiming Kin.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Reclaiming Kin at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
c. You agree not to use purchased digital downloads in any way which might be detrimental to or damage the reputation of Reclaiming Kin.
4. Intellectual Property
All information, including but not limited to blog postings, giveaway digital downloads, all products sold as digital downloads, and all intellectual property and copyright contained therein, are and shall always remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in anything created by Reclaiming Kin.
5. Disclaimer
a. The materials on Reclaiming Kin’s web site are provided “as is.” Reclaiming Kin makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Reclaiming Kin does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or on any sites linked to this site. The materials appearing on Reclaiming Kin’s web site could include technical, typographical, or photographic errors. Although an attempt is made for accuracy, Reclaiming Kin does not warrant that any of the materials on its web site are accurate, complete, or current. Reclaiming Kin may make changes to the materials contained on its web site at any time without notice.
6. Limitations
a. In no event shall Reclaiming Kin be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Reclaiming Kin’s web site.
b. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages.
7. Links and Comments
The inclusion of any link on Reclaiming Kin does not imply endorsement of the site. Use of any such linked web site is at the user’s own risk.
8. Modifications
Reclaiming Kin may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
9. Governing Law
Any claim relating to Reclaiming Kin’s web site shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions.
10. General
a. These terms and conditions constitute the entire agreement and understanding between you and us for downloadable digital products, either given freely or purchased, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver.
