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Terms and Conditions - Revision as of September 18, 2012
Welcome! Before registering on or using MyCanvas.com, please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of MyCanvas.com. These Terms and Conditions apply to users visiting or registering on or after September 18, 2012. For existing subscribers and registered guests, these Terms and Conditions will become effective on October 18, 2012.
Please note that hyperlinks embedded in this agreement may only be accessed through our website. If you are reviewing this Agreement through mobile devices, you may need to visit the website to use the hyperlinks.
Before using this website, you must review and accept the following terms and conditions that define your rights and responsibilities as a user (“User”) of the website operated by Ancestry.com Operations Inc. (together with its parent corporation, subsidiaries and affiliates, “MyCanvas”, “Ancestry” or “we”) and located at mycanvas.com (the “Website”). MyCanvas offers an online service where Users can create heirloom-quality gifts, keepsakes and other projects (the “Products”). The Website is operated in the United States of America. Access is governed by these terms and conditions under the laws of the State of Utah and the United States. Registration as a user of or subscriber to the Website results in your information being stored and processed in the United States, and you specifically consent to MyCanvas’ storage and processing the personal data you submit. The Website and services provided herein are 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. If you don't agree with any of these terms, or if you have any objections to our Privacy Statement you must not use the Website.
2. LIMITED USE LICENSE
MyCanvas.com contains graphics, information, data, editorial, software tools and other content and tools accessible by Users (the “Content”). All Content is owned and/or copyrighted by MyCanvas, or third party providers and may be used only in accordance with this limited use license. Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
You are licensed to use the Content only for personal creation of a MyCanvas project. The download of the whole or significant portions of any Content for any other purpose is prohibited. Online or other republication of Content is prohibited except as elements that are part of a MyCanvas project. Violation of this License may result in immediate termination of your registered access and may result in legal action for injunction, damages or both. You may use access software provided on the Website only while on line and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use and a license for that use is provided in connection with that software. Republication or resale of any of the Content or other protected data is prohibited. When downloaded, the Content remains subject to the limited use license contained in this Agreement.
3. USER PROVIDED CONTENT
Portions of the Website allow you and other Users to contribute material to be displayed on the Website ("User Provided Content"). For User Provided Content, MyCanvas is merely hosting and providing access. We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that MyCanvas believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here.
The decision to upload information to the Website is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the Website, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon the request of MyCanvas you agree to furnish MyCanvas with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
By submitting User Provided Content to MyCanvas, you grant MyCanvas, its parent company and all of its affiliates, a transferable license to use, host, sublicense and distribute your submission to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release MyCanvas from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in this Agreement, MyCanvas acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.
4. REGISTRATION, SECURITY AND REFUNDS
You must be 18 years or older to register for use of and make any purchase via this Website. As part of the registration process, you will select a username and password. You must provide MyCanvas with accurate, complete, and up-to-date registration information. Failure to do so will constitute a 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 any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate.
You shall notify us by regular mail or by e-mail at support@MyCanvas.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of MyCanvas, its owners or agents. You are responsible for all usage or activity on MyCanvas via your password account. Distribution of your password to others for access to MyCanvas 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.
When offers, promotions or Products are made available, the specific terms and conditions that apply to each will stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates etc.
MyCanvas Products are non-refundable because every order is customer made. However, if there is a defect in printing or manufacturing, (that is, a physical defect arising from the manufacturing process) MyCanvas agrees to replace the defective portion of the Product. In these cases, the defective Product must be returned within thirty (30) days of receipt solely for replacement (no refund or credit will be provided). Please call MyCanvas at 1-800-262-3787 to arrange for the replacement and allow a reasonable time for the replacement to reach you.
Prices may be changed by MyCanvas at any time and My Canvas shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications.
5. LIABILITY DISCLAIMER
The information, Products, and services included on this Website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. We and our third party suppliers provide all Content in this service "AS IS", and without any warranty of any kind.
MyCanvas, and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Website for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Website, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
MyCanvas may, from time to time, provide opportunities to users of the Website to link to or buy services from third parties. Sites of those third parties will be subject to terms and conditions different from those found here. MyCanvas makes no warranty concerning 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 MyCanvas.
6. COMMUNICATIONS BETWEEN MYCANVAS AND YOU
MyCanvas will send electronic mail to you, for the purpose of informing you of changes or additions to MyCanvas, or of any MyCanvas related Products and services. You may opt out of this notification service by clicking on the unsubscribe button at the bottom of each communication. For further information on our use of member information, see the Privacy Statement on the Website.
Should you breach this Agreement we will revoke your license to use the service and suspend your right of access.
8. MODIFICATIONS TO THIS AGREEMENT AND THE WEBSITE
MyCanvas has the right, at its sole discretion, to modify this Agreement or the service, including the Content of the Website, at any time. Changes in the service or the Products offered will be posted on MyCanvas.com, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement or of the Website is unacceptable to you or will cause you to no longer be in compliance with the Agreement, your sole remedy is to discontinue use of the Website. Continued use of the Website now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.
If a dispute arises between you and MyCanvas, 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 Ancestry Customer Support at 1-800-262-3787 to describe the problem and seek a resolution. If that does not resolve the issue, then you and MyCanvas agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within Utah County, Utah for the purpose of litigating all such claims or disputes.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, "AAA Rules"). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. . YOU AND MYCANVAS 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and MyCanvas 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. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.
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 MyCanvas assign or transfer any of your rights and obligations under these terms.
You acknowledge and agree that MyCanvas may disclose your information if MyCanvas believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.
In the event that any term of this Agreement is held to be invalid or unenforceable, 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.
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.
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 the services or Website.
Official correspondence must be sent via postal mail to:
Attn: MyCanvas Customer Solutions
360 W 4800 N
Provo, UT 84604
This Agreement, including any terms, conditions and policies expressly referenced herein, 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 MyCanvas.