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TERMS AND CONDITIONS FOR THE SUPPLY AND USE OF MICROFORMS IN FAMILY HISTORY CENTERS
CONDITIONS OF USE
By using this site, you agree to the following conditions. 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. Your continued use of the site following the posting of changes to these conditions means that you accept those changes.
LICENSES AND RESTRICTIONS
This site is owned and operated by the Genealogical Society of Utah (GSU, we, or us). All material found at this site is owned or licensed by us. You may view, download, and print material from this site only for your personal, noncommercial use or, if you are a professional genealogist, for use by a current client. You may not post material from this site on another web site or on a computer network, or transmit or distribute material from this site to others, without our express written permission. You may not use this site or information found at this site for selling or promoting products or services, soliciting clients, or any other commercial purpose. If you have questions, send e-mail to: fhd-copyright@ldschurch.org
MICROFILMS LOANS
You may be able to use this site to request that GSU loan microfilms from its collection to a Family History Center (FHC) near you where you can view those microfilms. You must pay a service fee to do this. Microfiche are not available for loan. All loans are subject to your agreeing with the terms of this document.
All microfilms loaned by GSU remain the property of GSU. You may not remove microfilms from the FHC to which they are shipped by GSU. You must not make any unauthorized copies of the images on a microfilm in any format (photocopy, digital or analogue photos, video, etc.). Use of some microfilms is restricted based on your geographic location or your membership in The Church of Jesus Christ of Latter-day Saints. If you provide untrue information when requesting a microfilm, that microfilm may be returned to GSU without a refund of any service fees you have paid. Additional legal restrictions on the use of microfilms may be posted in a FHC, on the packaging of a microfilm, or as part of the images within a microfilm. You agree to fully and carefully abide by all such restrictions.
You can only view microfilms at a FHC during the official opening hours of that FHC. Each FHC will normally post a notice of closings due to holidays, vacations or staff member illness. Before requesting a microfilm for loan, you should contact the FHC where you wish to view it to be certain that the FHC has sufficient capacity to accommodate you. GSU is not responsible for your inability to view a microfilm at your selected FHC.
Microfilms that you request via this site will be delivered to a FHC between 7 and 180 days after your request is processed. The time required cannot be determined via this Web site. You should contact the FHC to inquire about microfilms you have requested and arrange a time for viewing the microfilms.
You must handle all microfilms with care as instructed by FHC staff members. As to their content, however, microfilms are provided ‘as is,’ and GSU does not warrant or guarantee that any microfilm contains the information you are seeking or that the images on a microfilm are legible. The loan period for each microfilm is 90 days, which begins when the film is shipped to the FHC. You may renew the loan for 60 additional days via this Web site. Renewals must be initiated at least ten days before the 90-day loan period ends. You must show the FHC a copy of the email you receive as evidence of your renewal. At the end of the loan period, the FHC will return the microfilms to GSU. In addition, GSU reserves the right to withdraw any microfilm from a FHC at any time.
When you complete a loan request via this Web site, the service fee is collected for all of the microfilms that you have requested. Microfilms will not be shipped to a FHC unless your service fees have been successfully collected (via the credit card or bank account information that you provide). If GSU determines that a microfilm is no longer available for loan, any service fees you have paid for use of that microfilm will be refunded to you. If you request multiple microfilms, they may be shipped separately (and at different times) to the FHC.
You will have first priority to use microfilms you have requested, but other visitors to a FHC may, without cost, also use those microfilms.
LINKING
For your convenience, this Web site may contain links to other genealogical web sites. These sites are not maintained or controlled by GSU, and GSU is not responsible for their content. Although GSU has made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using this Web site, please notify us immediately. Because web pages are constantly updated, it is impossible to list all genealogical web sites. GSU does not warrant or guarantee that your search results will be complete or accurate. GSU believes that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, GSU believes that linking to other sites is legally permissible 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.
SOFTWARE
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 United States export controls, you are solely responsible for abiding by them.
LIMITATIONS OF LIABILITY
We are not liable for any special, incidental, exemplary, or consequential damages resulting from your use of, or your inability to use, any materials loaned by GSU or the materials on this site or any linked site, including, but not limited to, lost profits, business interruption and loss of programs or other data on your information handling system, even if GSU has been advised of the possibility of or could have foreseen any of the excluded damages. In no event shall GSU’s total liability to you under any legal theory for all damages, losses, and causes of action exceed the amount you have paid to GSU.
DISCLAIMERS
THE MATERIALS AT THIS SITE AND ANY LINKED SITE, AS WELL AS LOANED GSU MATERIALS, ARE PROVIDED ON AN ""AS IS"" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
JURISDICTION AND APPLICABLE LAW
This Agreement contains the entire agreement between us regarding your use of this Web site and GSU materials; it supersedes all previous and contemporaneous oral or written agreements and may be changed only by a written agreement signed by both parties or by an alteration to this document as posted on this Web site. No action or statement, whether oral or written, by a staff member of a FHC shall alter any term of this Agreement. This agreement and your use of this Web site and GSU materials shall be governed by the laws of the State of Utah, United States of America, as applied to agreements entered into and to be performed entirely within that state, without giving effect to any principles of conflicts of law. You and GSU each agree to seek in good faith to resolve any dispute arising between us, failing which, any action you bring to enforce this Agreement or any matters related to this site or to your use of GSU materials shall be brought solely in an appropriate state or federal court located in Salt Lake County, Utah. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action and hereby waive any objection to forum or venue based on forum non conveniens. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 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 of the Agreement, in which case we may at our sole discretion amend the Agreement.
TRADEMARKS
FamilySearch, International Genealogical Index, Ancestral File, Personal Ancestral File, and The Church of Jesus Christ of Latter-day Saints are trademarks of Intellectual Reserve, Inc.
Please Note: Additional conditions may be required to use other services on this site.
For further assistance or information regarding copyrighted materials, you may contact the Intellectual Property Office at:
Phone: +1-801-240-3959
Fax: +1-801-240-1187
E-Mail: cor-copyright@ldschurch.org or cor-intellectualproperty@ldschurch.org
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