Terms of Use

1. Nations' Memorybank Website

The Nations' Memorybank ("NMB") is a service provided by Firebird Media Limited, 124 Finchley Road, London, NW3 5JS ("we", "us", "our") that allows users to store personal history information online and to access online resources and assistance in collating personal and family history and data, and to create personal online profiles. The services we offer include the Nations' Memorybank website, located at www.Nations' Memorybank.com (the "NMB Website"), which includes a public data-storage facility and (subject to subscription, which will be available from May 2007) a personal, private data-storage facility (a "Private Vault") and any other features, content, or applications offered from time to time by Nations' Memorybank in connection with the NMB Website (together, the "NMB Services"). NMB is a trademark of Firebird Media Limited.

2. Your Acceptance of the Terms of Use

References to "you", "your" or "User" means the person accessing the NMB Services.

By using the NMB Services, you agree to be bound by these Terms of Use, whether you are using the NMB Services as a "Visitor" (by simply browsing the NMB Website) or as a "Member" (by registering as a member on the NMB Website), whether you are a Private Vault subscriber or not. The term "User" refers to both a Visitor and a Member.

If you do not agree to or abide by these Terms of Use, you are not authorised to use the NMB Services and should immediately discontinue accessing the NMB Services, including the NMB Website.

3. Changes to the Terms of Use

We reserve the right to change, modify, add or remove any portion of these Terms of Use. We shall post any changes on the NMB Website and we shall send each Member an email detailing such changes. Changes will be effective on the date that they are posted on the NMB Website. If you do not agree with the changes, you may terminate your membership and discontinue using the NMB Services. Your use or continued use of the NMB Services after any changes are posted on the NMB Website will indicate your agreement to them.

Where you have requested other NMB Services (including a Private Vault) you will be bound by the terms and conditions applicable to those services, which you will be asked to agree to before accessing those services and those terms are incorporated into these Terms of Use.

4. Changes to the Services

Subject to any specific terms to which you agree prior to receiving any other NMB Service, we may terminate, change, suspend or discontinue any aspect of the NMB Services, including the NMB Website, at any time and such changes to the NMB Services will be notified to each Member by email. We may also impose limits on certain features and services or restrict your access to parts of the NMB Website.

5. Intellectual Property Rights in the NMB

The content of the NMB Services, except all User Content (defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features included in the NMB Services by us ("NMB Content") and the trademarks, names and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property and similar rights. We grant you a limited, revocable, non-sublicensable licence to reproduce and display the NMB Content and Marks solely for your personal use in connection with viewing the NMB Website and using the NMB Services.

Except for User Content posted by you, you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit NMB Content and Marks appearing on or through the NMB Services.

6. Users Obligations

(a) Eligibility

We give you permission to use and be a Member of the NMB Services, provided that (i) any registration information that you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you promptly pay all fees that may be payable by you in accordance with the terms and conditions of any applicable NMB Services to which you have agreed as a condition of accessing those services; (iv) you are 16 years of age or older or, if you are younger, your parent or someone responsible for you has agreed that you can access these services; and (v) you will comply with the provisions of these Terms of Use.

(b) Username & Password

In order to access some features of the NMB Services, you will need to register as a Member and you will be asked to choose a username and password. You must keep your username and password confidential and you must not disclose them to any other person. You agree to notify us immediately if you suspect any unauthorised use of your account or password. You also agree not to use the username and password of another Member at any time.

(c) Identity Fraud Warning

You should be very careful about the information that you post on the NMB Website and that you provide to other Users. You should be aware that if you post or provide details of last names, telephone numbers and street addresses, others may be able to identify you or others specifically as a result

We cannot be responsible for the consequences to you or to others of you posting personal information on the site.

(d) Term and Termination

These Terms of Use apply to you while you use the NMB Services and while you are a Member. You may terminate your membership at any time, for any reason, by emailing us at this email address info@nationsmemorybank.com and telling us that you are terminating your Membership. We also reserve the right to terminate your membership at any time, if we suspect that you are not abiding by these Terms of Use and except where (in our sole discretion) we believe any breach of these Terms of Use to be particularly serious (for example where you have repeatedly breached the Terms of Use or where there has been copyright infringement or criminal or offensive behaviour), we will email you to notify you by such termination at least 48 hours before your account is closed.

7. User Content

(a) Permission to Submit User Content

We may now or in the future permit the submission of any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you and other Users submit to the NMB Services ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not offer nor guarantee any confidentiality with respect to any submissions, save for User Content that is stored within Private Vaults, which will be subject to separate terms and conditions.

(b) Non-Commercial Use

You agree that your use of the NMB Services is for your personal and non-commercial use.

(c) Intellectual Property Rights in User Content

You retain all ownership rights to your User Content that you submit to the NMB Services and even after posting your User Content you continue to have the right to use your User Content in any other way you choose.

(d) User Content Licence

By displaying or publishing ("Posting") any User Content on or through the NMB Services, you hereby grant to us a worldwide licence to use, copy, perform, play, communicate to the public, modify, adapt, publish and distribute such User Content on and through the NMB Services, however delivered, in any media. The licence you grant to us is non-exclusive so that you are free to licence your User Content to anyone else. We shall not be required to pay you for the licence of the User Content that you are giving us. We shall be entitled to sub-license the User Content to affiliates and subcontractors, for example internet content delivery networks who provide the NMB Services. We shall also be entitled to sub-licence the User Content to other members solely for the purpose of [ ] in connection with the NMB Services.

The licence does not grant us the right to sell your User Content, nor does the licence grant us the right to distribute your User Content outside the NMB Services to third parties. If we wish to use your User Content in any other media (excluding the NMB Services) we agree to contact you by email and obtain your further consent in advance for such specific use.

This licence will terminate within a reasonable period following the point at which you remove your User Content from the NMB Services. Despite the termination of the licence we shall be entitled to copy and store (but not publish) any User Content in perpetuity for legal, regulatory or other compliance purposes.

(e) Responsibility for User Content

You shall be solely responsible for your own User Content and the consequences of posting such User Content. You confirm that: (i) you own the copyright and all other rights to the User Content and all elements within it or have obtained the necessary licenses, rights, consents, and permissions to use and authorise us to use your User Content; (ii) you waive your moral and similar rights in the User Content; (iii) you have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use their name or likeness and to post the User Content and authorise it to be used in the manner contemplated by these Terms of Use; (iv) the posting of your User Content on or through the NMB Services does not violate the privacy rights, intellectual property rights (including copyright), contract rights or any other rights of any person; (v) the User Content is not prohibited content as set out below in clause 7(f) and (vi) you agree to pay for all royalties, fees, and any other monies due to any person by reason of posting any User Content on or through the NMB Services.

(f) Prohibited Content

It is illegal or prohibited to post certain material on or through the NMB Services. We may notify the relevant authorities or take appropriate legal action against anyone who (in our sole discretion) violates this provision. By way of example, the following is prohibited; content which:

  1. is defamatory, offensive and promotes bigotry or harm against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under eighteen (18);
  6. promotes information that you know is false or misleading, promotes or facilitates criminal or otherwise illegal activities, promotes or facilitates illegal or unauthorised copying of another person's copyrighted work, or promotes conduct that is abusive, threatening, obscene, defamatory or libellous;
  7. involves the transmission of "junk mail", "spam "or unsolicited mass mailing; or
  8. involves commercial activities that we have not approved in writing in advance.

(g) Prohibited Activities

It is illegal or prohibited to undertake certain activities on or through the NMB Services. We may notify the relevant authorities and take appropriate legal action against anyone who (in our sole discretion) violates this provision. By way of example, prohibited activity includes:

  1. criminal or other illegal activity;
  2. advertising to, or solicitation of, any Member to buy or sell any products or services through the NMB Services or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the NMB Services;
  3. interfering with, disrupting, or creating an undue burden on the NMB Services or the networks or services connected to the NMB Services;
  4. attempting to impersonate another Member or person;
  5. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  6. using any information obtained from the NMB Services in order to harass, abuse, or harm another person or to contact them for a commercial purpose without their express consent in advance.

(h) NMB Control over Posted Content

You are solely responsible for the User Content that you post on or through any of the NMB Services, and any material or information that you transmit to other Members and for your interactions with other Users.

We make no warranties, express or implied, as to the User Content of any Member or to the accuracy and reliability of the User Content or any material or information that you transmit to other Members or that they may transmit to you.

We do not endorse and have no control over User Content.

User Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies.

We assume no responsibility for monitoring the NMB Services for inappropriate User Content or conduct.

We may choose, in our sole discretion, to monitor the NMB Services. If we do so, we nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

We may delete any User Content that in our sole judgment is in breach of these Terms of Use, or which infringes the intellectual property rights of others.

(i) Notification of Copyright Infringement

If you believe that your work has been copied and posted on the NMB Services in a way that constitutes copyright infringement, please let us know immediately. Please provide: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the NMB Services; (iii) an explanation of why you think it infringes copyright, and (iii) your address, telephone number and email address.

We can be reached as follows: Firebird Media Limited, 124 Finchley Road, London, NW3 5JS; Attn: [ ]; and email: complaints@Nations' Memorybank.com.

9. Member Disputes

We reserve the right, but have no obligation, to monitor disputes between you and other Members.

10. Privacy

Use of the NMB Services is also governed by our Privacy Policy, which is incorporated into the Terms of Use by this reference.

11. Liability Disclaimer

We will not be responsible for any incorrect, inaccurate or defamatory NMB Content or User Content posted on the NMB Website or in connection with the NMB Services.

We are not responsible for nor have we checked the content of any websites to which Members may provide links. We do not necessarily approve or endorse any website linked by us. When you access these third-party sites, you do so at your own risk.

We take no responsibility for third-party advertisements that are posted on the NMB Website or through the NMB Services, nor do we take any responsibility for the goods or services provided by our advertisers.

We are not responsible for the conduct, whether online or offline, of any User of the NMB Services.

In addition, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure or alteration of any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the NMB Services or combination of these.

12. Exclusion of Warranty

The NMB Services are provided "AS-IS" and on an "IS AVAILABLE" basis. To the extent permitted by law, we do not make any warranty including the implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility, security and accuracy. We do not warrant the NMB Services will be uninterrupted or error-free, that defects will be corrected, or that the site or server that makes it available is free of viruses or bugs.

We cannot guarantee and do not promise any specific outcomes from use of the NMB Services. The exclusion of warranties does not affect your right to withdraw your membership of the NMB Services.

For the avoidance we do not seek to limit or exclude our liability for death or personal injury as a result of our negligence or fraud.

Under no circumstances will we be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Nations' Memorybank.com regardless of the form of action.

13. Indemnity

You agree to indemnify and hold us, our subsidiaries and affiliates, and our respective officers, agents, partners and employees harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of:

(a) your use of the NMB Services in violation of these Terms of Use;

(b) any other breach of these Terms of Use;

(c) the posting by you of any User Content on the NMB Website or through the NMB Services.

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of England and the English courts shall have exclusive jurisdiction in all disputes arising in relation to these Terms of Use.

15. Other

These Terms of Use constitutes the entire agreement between you and us regarding the use of the NMB Services. This does not seek to exclude any liability for fraudulent misrepresentation. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision.

If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: info@Nations' Memorybank.com with any questions regarding these Terms of Use.

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.