Below are our detailed terms of service that you must read and accept before using heirluminaries.com, familyhistoryexploration.com, artifactgenealogy.com and historicalspaces.com and it’s redirects, (hereafter, the “Website” under company The Siren Co.) and accessing the genealogical resources hosted by the Website.
These Terms apply to all users visiting the Website on or after June 1, 2018.
By accessing the Website, you agree to the following terms and conditions (the “Terms” or “Agreement”). You are legally bound by this Agreement, which is between you and The Siren Co., The Agreement defines your rights and responsibilities as a user (“User”) of the Website, which is operated by The Siren Co., (together, and with its parent corporations, subsidiaries and affiliates, “heirluminaries.com,” “we,” or “us”). The Website is operated in the United States of America. Access to the Website is governed by these Terms under the laws of the State of Massachusetts and the United States. Use of the Website results in your information being stored and processed in the United States, and you specifically consent to heirluminaries.com and The Siren Co., storage and processing of the personal data you submit.
The Website is intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions.
These Terms, together with the Privacy Statement and any other legal notices or terms published by heirluminaries.com on the Website, shall constitute the entire agreement between you and heirluminaries.com concerning the Website. If you don’t agree with any of these terms, you must not use the Website.
2. Conditions of Website Use
The Website contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”). All Content is owned, licensed to and/or copyrighted by The Siren Co., and may be used only in accordance with this Agreement. The Website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Website are owned by or licensed to The Siren Co.,. artifacegenealogy.com retain title, ownership and all other rights and interests in and to all information and Content on the Website. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Website. We attempt to ensure that all Content on the Website is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Website is complete, accurate, reliable or error-free.
You may not download any of the Content from the Website, unless specifically permitted on the Website. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy. The licenses granted by The Siren Co. terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your account and may result in legal action against you. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
The Siren Co. does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Website contains images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms, you agree to not reuse these images or documents.
By using the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). In addition, you must follow the The Siren Co., Rules of Conduct, which are part of this Agreement, anytime you access the Website. The Siren Co. reserves the right to change these rules from time to time and the changes take effect when we post them on the Website.
If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Website.
Portions of the Website contain materials contributed by Users of the Website, such as comments and forum discussions (collectively “User Provided Content”). For User Provided Content, heirluminaries.com is merely hosting and providing access to such content. Most of the User Provided Content contained on the Website are presented in read-only format and cannot be edited or modified. We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot review or monitor all User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that heirluminaries.com believes to be in violation of this Agreement. We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement.
Be aware that content belongs to the creator of that content and you should not copy, republish, or otherwise use any User Provided Content without permission of the owner.
The Website does not require login information or accept login information from people who have previously registered on the Website, and all Users will be able to access the Website without registering for an account.
5. Revisions to this Agreement
The Siren Co. has the right, at its sole discretion, to modify this Agreement, as well as the Website and the Content at any time. Changes will be posted on the pertinent Website(s) and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website or the Content is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you must stop using the Website. Continued use of the Website now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.
6. Liability Disclaimer
We make no express warranties or representations as to the quality and/or accuracy of the Content or the Website, and we expressly disclaim and exclude any implied warranties, conditions and/or representations, including but not limited to implied warranties to the full extent permissible under applicable law. We offer the Content and the Website on an “as is” basis and do not accept responsibility for any use of or reliance on the Website or Content, or for any disruptions to, or errors on, the Website. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website or Content. The Siren Co. does not guarantee the adequacy of the Website or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Website, our servers, or any emails which may be sent from heirluminaries.com and affiliated sites are free of viruses or any other harmful components.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/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. If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless heirluminaries, The Siren Co., its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
heirluminaries.com may, from time to time, provide opportunities to Users of the Website to access services from third parties. The services and websites of those third parties are subject to terms and conditions different from those applicable to the Website and it is your responsibility to ensure that you have read and understood them. heirluminaries.com makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from heirluminaries.com and/or The Siren Co.
By using the Website, you agree that the Federal Arbitration Act, applicable federal law, and the law of the State of Massachusetts, without regard to its principles on conflicts of laws, will govern these Terms, your use of the Website, and any dispute of any sort that might arise between you and The Siren Co. and heirluminaries.com.
If a dispute arises between you and any sites or companies under The Siren Co., our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Customer Support by email via the contact information on this site to describe the problem and seek a resolution. If that does not resolve the issue, then you and The Siren Co., and heirluminaries.com agree that any dispute or claim relating to your use of the Website will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
You and heirluminaires.com agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and The Siren Co. and heirluminaries.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by heirluminaries.com may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of heirluminaries.com assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Website, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by The Siren Co and heirluminaries.com.
9. Contact Us
If you have any questions or comments please contact us via the following information:
Phone: (857) 284-8525
Official correspondence must be sent via postal mail to: The Siren Co, 288 Grove St. #314, Braintree, MA 02184