Who are you-Where are you Licence and Terms and Conditions of Use

1. Your Acceptance

By using and/or visiting this website (collectively, including all Content available through the whoareyou-whereareyou.com domain name, hereinafter referred as ‘Way2’, ‘Way2 Website’ or ‘Site’) you signify your acceptance to the following Terms of Use.

Before using or subscribing to Way2, please review the following terms and conditions which define your rights, responsibilities and benefits as a user of whoareyou-whereareyou.

2. Website Access

1. Way2 hereby grants you permission to use the Website as set forth in this Terms of Service, providing that (1) your use is solely for your personal noncommercial use. (2) You will not copy or distribute any part of the Website in any medium without Way2’s prior written authority and (3) you will otherwise comply with the terms and conditions of these Terms of Use.
2. You agree not to use or launch any automated system, including without limitation, ‘robots’, ‘spiders’, ‘offline readers’, etc. You agree not to solicit, for commercial purposes, any users of the Website with respect to their user submissions.
   Way2 is an Internet service (the “Service”) owned and operated by Jean O'Connor, Chris O'Connor and Lloyd Wakelin (“we”, “our” or “us”). If you are under the age of 18, you may not access or use this Service, unless you obtain permission of your parent or legal guardian (collectively “Guardian”) and your Guardian has confirmed to us that he or she takes full responsibility for your access and use of this Site. “You” or “your” means a permitted user of the Service or, in the case of minors, the Guardian of such minor. Your use of the Service indicates that you accept these terms and conditions ( the “Terms and Conditions”) and the accompanying PRIVACY POLICY (together the “Agreement”). If you don’t agree with any of these terms and conditions, you must not use the Service. We may alter this agreement at our discretion, and your continued use after any change indicates your acceptance of that change. If you don’t want to be bound by a change, you must discontinue use of the Service.
   Way2 contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to our subscribing members, (“Content”). Whether in the free section or in the subscription section of the Service, the copyright in all Content and any other intellectual property rights in the Service are owned by Way2, or third party providers, and may be used only in accordance with the provisions of the limited use licence set out below.
   
3. Way2 does not permit photographs of living children aged 13 years and under to be posted to the Site, excepting under the auspices of an ongoing Local Authority Missing Persons Inquiry or that of an ongoing Police Inquiry with regard to a missing child, including international law enforcers and authorities.
   Any images of living children aged 13 years and under which are not authorised by Law Enforcers and Legal Authorities and are posted to the Site will be removed forthwith and without reference.

3. Intellectual Property Rights

The content of Way2 Website, except all User Submissions (as defined below) including without limitations, the text, software, graphics, photos, interactive features and the like (‘Content’) and the trademarks,service marks and logos contained therein (‘Marks’) are owned by Way2, subject to copyright and other intellectual property rights under United Kingdom and foreign laws. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietry notices contained therein.

Limited Use LICENCE

You are licensed to use the Content only for personal or professional family history research, and may download Content only as search results relevant to that research. The download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, 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. Violation of this limited use licence may result in immediate termination of your membership and may result in legal action against you. You may use the 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 is made available for off-line use, and a licence for such use is provided in connection with that software.

User provided content

Portions of Service will contain user provided content intended to be viewed in the form submitted by a member (“User Provided Content”), to which you may contribute appropriate material. For user Provided Content, Way2 is merely hosting and providing access, and accepts no liability whatsoever with regard to such material (including with respect to its accuracy). By submitting material to Way2, you grant a licence to host and provide access to such material, allow hosting and access of that material, and to use the data contained in that material as search results and to integrate that data into the Service as it deems appropriate.

You must submit only material which belongs to you and you shall be solely responsible for your own User Submissions and the consequencies of posting or publishing them.

You will not submit material which will violate the property or other rights of other people or organisations. We are sensitive to the copyright and other intellectual property rights of others. For more information concerning copyright issues, view our corporate policy. We will not monitor User Provided Content, with the exception that, to promote privacy, an automated filtering tool will be used to suppress and omit from display information and text judged to be offensive and which appears in our best judgement to cause offense to a living person. We also reserve the right to act expeditiously to remove or disable access to any User Provided Content that comes to our attention, including information which we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, and we may terminate your use of the Service in these circumstances.

LIABILITY DISCLAIMER

Although we will try to ensure the accuracy and quality of the Service, the Service is provided on an “as is basis” and (i) we do not accept responsibility for any use of or reliance on the Service or for any disruptions to or delay in the Service; and (ii) 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 Service. Changes are periodically added to the information herein. No warranty, term or condition, express or implied, is offered by us or our third party suppliers in relation to the Service, except as expressly provided below.

We are not liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) 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; (v) loss or corruption of, or damage to, data, systems or programmes; or (vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in this agreement will be interpreted so as to limit or exclude our liability for (i) death or personal injury caused by our negligence (as defined in Section 1 of the Unfair Contract Terms Act 1977); (ii) the tort of deceit; (iii) any breach of the obligations implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (iv) any liability which cannot be excluded or limited by law. Any statutory rights you may have as a consumer remain unaffected.

If you did not enter this agreement as a consumer, then in addition to the above limitations of liability, we are also not liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of business; (ii) loss of opportunity; (iii) loss of goodwill; or (iv) loss of reputation. We also exclude our liability for any breach of the obligations implied by sections 13, 14 or 15 of the Sale of Goods Act 1979.

Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to [£50] for each claim or series of connected claims or in aggregate £150 for any number of incidents in any 12 month period.

Way2 may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions different from those found here. Way2 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 Way2

You acknowledge that Way2 shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

If you are dissatisfied with any portion of the Service, or with any of these terms of this Agreement, you should discontinue using the Service.

Indemnity

You agree to defend, indemnify and hold harmless Way2, it’s officers, directors, employees and agents, from and any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees) from (i) your use of and access to Way2 Website (ii) your violation of any term of these Terms of Service (iii) your violation of any third party right, including without limitation any copyright, property or privacy right, or (iv) any claim that one of your User submissions caused damage to a third party. This defence and indemnification obligation will survive these terms of Service and your use of the Way2 Website.

Additional Guest or Subscribing Member Terms

1. REGISTRATION AND SECURITY

1.1 As part of the registration process, you will select a password and subscriber name (“Username”). You must provide Way2 with accurate, complete and updated registration information. Failure to do so will result in breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorisation; or (iii) use a name that we, in our sole discretion, deem offensive. As you submit information, you understand that Way2 is owned by Jean O'Connor, Chris O'Connor and Lloyd Wakelin and the Site is operated in the United Kingdom. Registration as a user of or subscriber to the Service results in your customer information being stored and processed in the United Kingdom, and you, in registering or subscribing, specifically consent to that storage and processing in accordance with our PRIVACY POLICY. You should review and correct this information regularly.

1.2 You must immediately notify us by e-mail at support@whoareyou-whereareyou.com of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any or our representatives, owners or agents.

1.3 You must be 18 years or older to subscribe to the Service.

1.4 You are responsible for all usage or activity on Way2 via your password account. Distribution of your password to others for access to Way2 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.

2. FEES AND PAYMENTS

2.1 Credit card charges will be processed within 24 hours after the purchase of additional photo storage space. If you wish to terminate your purchase you must notify us within 14 days of the purchase date by sending an e-mail to cancel@whoareyou-whereareyou.com, providing the following information:

Given name and surname
Username
E-mail address used when subscribing
Phone number including country code
Country

Please allow a reasonable time for the refund to reach you or be charged back to your paypal account/credit card.

3. COMMUNICATION BETWEEN WAY2 AND YOU

We will send electronic mail to you, for the purpose of informing you of changes or additions to whoareyou-whereareyou.com, or for any related products and services. You may opt out of this notification service by clicking the unsubscribe link at the end of the e-mail. For further information on our use of subscriber demographic information, see the PRIVACY POLICY on the Service.

4. TERMINATION

Should you breach this Agreement, we will have the right to revoke your licence to use the Service and suspend your right of access. In such a case, no portion of your payment will be refunded. Should we decide to suspend the service for any other reason than breach, we will refund you the unused portion of your payment, which will be your sole and exclusive remedy upon such a suspension of service.

5. ASSIGNMENT

We reserve the right to assign and transfer our rights and obligations under this Agreement to any person who agrees to assume and comply with all the obligations set out in this Agreement. This agreement is personal to you and, as a result, you may not without the written consent of Way2 assign or transfer any of your rights and obligations under this Agreement.

6. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE

Way2 has the right, at its sole discretion, to modify this Agreement or the Service at any time in order to take account of changes to the Service, changes in law or any other reason which way2 may deem valid at any time. Changes to the Service will be posted at whoareyou-whereareyou.com or sent via e-mail or postal mail to you. If any portion of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your membership in accordance with Clause 2. Continued use of the Service now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.

7. MISCELLANEOUS

7.1 This agreement shall be governed by and construed in accordance with the laws of England and any dispute in relation to this Agreement shall be heard by the English courts.

7.2 Save as provided in this clause 7.2, you shall have no remedy in respect of any representation (whether written or oral) made to you upon which you relied in entering into this Agreement (“Misrepresentation”) and we shall have no liability to you other than pursuant to the express terms of this Agreement. Nothing in this Agreement shall exclude or limit our liability for any Misrepresentation made by us knowing that it was untrue. Nothing in this Agreement shall exclude our liability for any fundamental Misrepresentation, including any Misrepresentation as to a matter fundamental to the maker’s ability to perform its obligations under this Agreement, but such liability shall be subject to the limit set out in this Agreement.

7.3 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

7.4 In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement 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.

7.5 Any failure by us to enforce any term of this Agreement shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of this Agreement be taken to be a waiver of the provision or provisions itself.

7.6 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of whoareyou-whereareyou.com.

7.7 Official correspondence must be sent e-mail to cs@whoareyou-whereareyou.com.