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TERMS AND USE

General

Through this website, the Statue of Liberty-Ellis Island Foundation ("SOLEIF") makes available information and services (the "Service"), subject to the following terms and conditions. Please read these Terms of Service (as defined herein) carefully. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, WHICH INCLUDE THE PRIVACY POLICY AND ANY OTHER AGREEMENTS, POLICIES, OR TERMS AND CONDITIONS INCORPORATED BY REFERENCE (COLLECTIVELY, THE "TERMS OF SERVICE").

SOLEIF reserves the right to change any of the terms and conditions contained in these Terms of Service at any time in its sole discretion. Any changes will be effective upon posting such changes on the Service. You are responsible for reviewing any applicable changes. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING NOTICE OF ANY CHANGES TO THESE TERMS OF SERVICE POSTED TO OUR SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

SOLEIF offers all adult users of ellisislandrecords.org the opportunity to support SOLEIF by becoming a Sustaining Member of SOLEIF. SOLEIF Sustaining Members are entitled to benefits, including a discount of 10% on certain purchases from the SOLEIF Store and the ability to create and edit Annotations and the Family Scrapbooks.

Family History and Other Information

The Service includes information, facts, databases, reports, advertising and opinions (collectively, "Information"). Such Information is provided for informational purposes only.

Any views, analysis or opinions designated as those of SOLEIF represent the views of SOLEIF and do not necessarily represent the views of any of its employees, officers, directors or sponsors.

By using the Service, users can view information supplied by third parties, including but not limited to, the Annotations and the Family Scrapbooks. Any such Information, and any services or products made available on or through the Service by third parties, are those of the respective third parties and not of SOLEIF. SOLEIF does not endorse, or take responsibility for, any such Information, products or services.


Links to Third-Party Sites

The Service includes links to websites operated by third parties, including but not limited websites operated by our corporate sponsors and by the Church of Jesus Christ of Latter-day Saints. Such links are provided solely for your convenience and do not represent an endorsement of any other website or any association or affiliation between SOLEIF and the operator of such website, except in the case of our corporate sponsors and the Church of Jesus Christ of Latter-day Saints. SOLEIF does not endorse, or take responsibility for, any content, advertising, products or services made available on or through such websites. All use of, or reliance on, such third-party websites, products and services is at your own risk.


Compliance With Laws

The service may be used only for lawful purposes and in a lawful manner.You agree to comply with all applicable laws,statutes and regulations regarding use of the Service.

SOLEIF reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials,regulators, or other third parties.In order to cooperate with governmental requests,SOLEIF may access and disclose to law enforcement officials or other third parties any information it considers necessary or appropriate and by using the Service you expressly consent to such access and disclosure.

Proprietary Rights

The Service, and all content included therein, including but not limited to all text, graphics, charts, indexes, databases, reports, logos, icons, images, software, HTML code and screens contained therein, is owned by or licensed to SOLEIF and is protected by U.S. and international copyright and other intellectual property laws.

Except as expressly provided in these Terms of Service or as otherwise authorized in writing by SOLEIF in advance of any use,you may not otherwise copy, download, store, manipulate, reformat, distribute, display, publish(including,but not limited to,on the internet), create a derivative work from,resell or make any commercial use of, or make any other use of, the Service or any Information contained therein.Subject to the terms and conditions of these Terms of Service, you may use, access, download, copy, store, manipulate, reformat, print or display any Information solely for your personal, non-commercial use, provided that you maintain and abide by all copyright and other notices contained in such content.

For the avoidance of doubt, you agree that when using the service you will not:
  • download, copy, or store any Information for non-personal use,including, but not limited to, posting or making available such Information on an internet website, whether in isolation or as part of a collection of Information;


  • access or manipulate the coding of the Service;


  • post any content to the Service or the coding of the Service which contains viruses, "worms", "Trojan horses" or any other harmful properties;


  • violate any applicable local, state, national or international law or regulation, or otherwise use the service for, or to further, any illegal purposes;


  • falsify or delete any author attributions or proprietary or legal notices connected to the Information;


  • violate any code of conduct or other guidelines that may be applicable to the Service; or


  • harvest or otherwise collect information about others, including e-mail addresses, without their consent.


If you would like to obtain the permission of SOLEIF to make use of any Information not permitted by these Terms of Service, please contact SOLEIF by writing to SOLEIF Copyright Agent, 17 Battery Place #210, New York, NY 10004.


Trademarks

The design marks LIBERTY 1886 CENTENNIAL 1986, ELLIS ISLAND 1892-1992, AFIHC and A NATIONAL EDUCATION PROGRAM AMERICANS and the trademarks ALL THE AMERICAN IMMIGRANT WALL OF HONOR®, AMERICANS ALL®, KEEP THE TORCH LIT®, TREASURES FROM HOME®, and PEOPLING OF AMERICA®, REMEMBER THE DREAM™, AMERICAN IMMIGRATION FAMILY HISTORY CENTER™, and ELLIS ISLAND FOUNDATION are trademarks of SOLEIF ("SOLEIF's Marks").

SOLEIF's Marks may not be used in connection with any product or service that is not SOLEIF's, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SOLEIF.

All other trademarks appearing on the Service are the property of their respective owners.


Password Security

Use of the Service requires that you register with SOLEIF and create a password. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account). You are solely responsible for any use of or action taken under your password. You agree to notify SOLEIF immediately of any unauthorized use of your password, or any other beach of security.


Privacy

SOLEIF is committed to protecting your privacy and has explained the steps we take to do so in our Privacy Policy, which policy is incorporated herein by reference and is a binding part of these Terms of Service. The Privacy Policy may be changed by SOLEIF in the future. You should check the Privacy Policy frequently for changes.


Online Store

When you place an order with the SOLEIF Online Store, we require complete billing and shipping information so that we can process your order. We need your telephone number and e-mail address so that we can contact you if there is a problem with your order.

When you are ready to place your order, we will give you an opportunity to review your order, including shipping and handling charges and sales tax, if applicable.

Once your order has been placed, we will automatically send an e-mail order confirmation to the e-mail address indicated. This e-mail will include an order number that can be used to track the status of your order.

The SOLEIF Online Store accepts Discover Card, VISA, MasterCard for all purchases. When you shop at the SOLEIF Online Store you are assured that your Credit Card information is secure as it travels over the Internet. Our secure server software utilizes industry standard encryption technology called Secure Socket Layer (SSL) that is among the best software available to safeguard electronic commerce transactions. SSL encrypts all of your information being sent to the SOLEIF Online Store.

If you would prefer not to use your credit card on the Internet or would prefer to use an alternative form of payment, you can call our customer service department at the number posted on our Store or in our catalog.

SOLEIF's Store will not accept returns for personalized orders. SOLEIF will replace ship manifests and scrapbooks that have been damaged during shipment or are defective, or personalized items where the item sent did not match the order. In all other cases, if you are not completely satisfied with your order and would like to return one or more items, you can return unwanted items within thirty days of purchase to SOLEIF's Online Store for exchange or credit. You will bear the expense of shipping on all returns, except that SOLEIF will bear the expense of shipping on all returns of incorrectly shipped or damaged or defective items.


Indemnification

You agree to defend, indemnify and hold harmless SOLEIF, its parent companies and affiliates, and each of their officers, directors, shareholders, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgements and expenses, including but not limited to reasonable attorney's fees and expenses, relating to or arising out of any breach of these Terms of Service, or any use of the Service, by you or by any other person using the Service through you or using your password.

Disclaimer of Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SOLEIF NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS REPRESENT OR WARRANT (i)THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE; (ii)THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY OR SECURE; (iii)THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS", "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv)THE ACCURACY, RELIABILITY, TIMELESS, OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PUBLISHED OR ACCESSIBLE ON OR OTHERWISE AVAILABLE THROUGH THE SERVICE; OR (v)THAT THE SERVICE OR ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR THROUGH THE SERVICE DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. SOLEIF AND ITS PARENT COMPANIES AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY, AND ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUR OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE(ACTIVE, PASSIVE OR IMPUTED) OF SOLEIF, AND YOU HEREBY WAIVE AND RELEASE SOLEIF THEREFROM. YOU ACKNOWLEDGE THAT USE OF THE SERVICE AND OF ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR THROUGH THE SERVICE IS ENTIRELY AT YOUR OWN RISK.


Limitation of Liability

IN NO EVENT, SHALL SOLEIF, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) ARISING OUT OF (i) USE OF THE SERVICE BY YOU OR ANY OTHER PERSONS, INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THOUGH THE SERVICE, (ii) THE INABILITY TO USE THE SERVICE BY YOU OR ANY OTHER PERSON FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE SERVICE; OR (iii) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SERVICE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH JURISDICTIONS SOLEIF'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IF YOU USE THE INFORMATION, SERVICES OR PRODUCTS OF A THIRD PARTY WHOSE WEBSITE IS LINKED TO OR WHO IS OTHERWISE REFERRED TO ON OR THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO SOLEIF'S CORPORATE SPONSORS), SUCH THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS INFORMATION, SERVICES AND PRODUCTS, AND YOU RELEASE SOLEIF AND ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS AND LICENSORS, FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INFORMATION, SERVICES OR PRODUCTS, ANY TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTY AND ANY DISPUTES BETWEEN YOU AND SUCH THIRD PARTY.


Termination

You agree that SOLEIF, in its sole discretion, may terminate your access to the Service, or any portion thereof, without notice for any reason, including but not limited to if SOLEIF believes that you have breached these Terms of Service. SOLEIF may, in its sole discretion at any time, change the content or services offered on the Service or discontinue providing the Service, or any portion thereof, without notice.


Governing Law; Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without giving effect to any principles of conflicts of laws. You agree that any action brought by you at law or in equity arising out of or relating to these Terms of Service or the Service shall be filed only in a state or federal court located in New York County, New York. Without limiting SOLEIF's right to bring an action against you in any jurisdiction, you further agree to submit to the non-exclusive jurisdiction of, and acknowledge and agree that proper venue shall lie in, the federal and state courts located in New York County, New York, with respect to any claim, action or proceeding arising out of or relating to these Terms of Service or the Service.


Miscellaneous

These Terms of Service, as SOLEIF may amend them from time to time, including all agreements and policies incorporated by reference herein, constitute the complete and exclusive agreement between SOLEIF and you with respect to the subject matter hereof and supersede all prior discussions, understandings and agreements with respect to the subject matter hereof. If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect. SOLEIF's failure to enforce the strict performance of any provision of these Terms of Service will not constitute a waiver of SOLEIF's right to subsequently enforce such provision or any other provision of these Terms of Service. No waiver of any provision of these Terms of Service shall be effective unless in writing.

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