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Ellis Island Foundation, Inc.

  
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ANNUAL MEMBER TERMS AND CONDITIONS
Annual Members

You are invited to become a Annual Member of SOLEIF if you are 18 or older. Minors are encouraged to participate in the benefits available to Annual Members by participating with their parents or guardians in the American Family Immigration History Center.

Your use of the AFIHC Experience is subject to the following terms and conditions and the Terms of Service applicable to all users of the AFIHC Experience, which are available on the home page of AFIHC's website at www.ellisislandrecords.org.

General

SOLEIF makes available on the AFIHC Experience on Ellis Island and online various information and services (the "Service"). BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, WHICH INCLUDE THE PRIVACY POLICY AND ANY OTHER AGREEMENTS, POLICIES, OR TERMS AND CONDITIONS INCORPORATED BY REFERENCE (COLLECTIVELY, THE "TERMS AND CONDITIONS").

SOLEIF reserves the right to change any of the terms and conditions contained in these Annual Member Terms and Conditions at any time in its sole discretion. Any changes will be effective upon posting such changes on the Service or otherwise notifying you. 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 AND CONDITIONS POSTED TO OUR SERVICE AND DELIVERED TO YOU FROM TIME TO TIME WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

In order to access or use certain portions or features of the Service, you may be required to agree to certain additional terms and conditions applicable to such portion or feature. Any such terms and shall be incorporated in these Terms and Conditions by this reference and are a binding part hereof. SOLEIF will provide the equipment and software necessary to receive the Service on Ellis Island; however, you are solely responsible for providing all equipment and software necessary to receive the Service online and for the payment of any telecommunications charges for any connection necessary to access the Service online.


Interactive Forums

Certain portions of the Service allow Annual Members to access and post messages to online bulletin boards or other interactive forums, including but not limited to Annotations and Family Scrapbooks (collectively, the "Interactive Forums"). Without limiting any other provision of these Terms and Conditions, SOLEIF does not endorse, and expressly disclaims any responsibility for, any content posted or uploaded to the Interactive Forums. By using any of the Interactive Forums, you agree to abide by the following terms and conditions.

By posting or uploading to the Service any information, statement, content or other materials ("Content"), you grant SOLEIF and its parent companies and affiliates a perpetual, non-exclusive, world-wide, royalty-free, irrevocable and fully sublicensable right and license to store, copy, modify, combine with other materials, translate, distribute, display and otherwise use such Content, and any or all information contained therein, for any purpose whatsoever, including, but not limited to, in marketing or advertising materials, and to exercise all copyright and rights of publicity over the material displayed in such Content, in any existing or future media, now known or later developed. Content contributed to any Family Scrapbooks that you choose to keep private will, however, only be accessible to you and your Guests, except as deemed necessary by SOLEIF and subject to the terms set out in Compliance with Laws. You also waive any "moral rights" or rights of attribution or integrity in such Content. You are not entitled to any compensation for such use. You also grant SOLEIF the right to use your name and any identifying information that you submit with such Content for any such use. With the exception of the foregoing, you shall retain whatever rights you have in such Content.

You agree to contribute only material that is appropriate for and related to that particular Interactive Forum.

In addition, you agree that when using the Service you will not:
  • post or upload to the Service any Content that violates or infringes the rights of any person, including but not limited to, rights in copyrights, patents, trademarks, trade secrets and other proprietary rights;

  • post or upload to the Service any Content which is libelous, defamatory, obscene, pornographic, abusive, or which contain viruses, "worms", "Trojan horses" or any other harmful properties;

  • make any false or misleading statements;

  • violate any applicable local, state, national or international law or regulation, or otherwise use the

    Service for, or to further, any illegal purposes;
  • post or upload to the Service any Content containing any solicitation;

  • download any Content posted by another user of an Interactive Forum that you know, or reasonably should know, has not been lawfully posted or otherwise distributed;

  • falsify or delete any author attributions or proprietary or legal notices, use another's password without permission or impersonate another person;

  • violate any code of conduct or other guidelines that may be applicable to any particular Interactive Forum; or

  • harvest or otherwise collect information about others, including email addresses, without their consent.
SOLEIF reserves the right, in its sole discretion, to edit, refuse to post or remove any Content posted or uploaded to the Service at any time and for any reason.

SOLEIF has the right, but not the obligation, to monitor any activity and content associated with the Service, including but not limited to, the Interactive Forums. SOLEIF may investigate any reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your access to any Interactive Forum or to the entire Service without notice.

You will also take all reasonable steps to ensure that your Guests understand these Terms and Conditions.

Password Security

Certain portions of the Service require that you register with SOLEIF and use 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) and 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 and Conditions. The Privacy Policy may be changed by SOLEIF in the future. You should check the Privacy Policy, posted on the SOLEIF website at www.ellisisland.org for changes.

SOLEIF Store

SOLEIF Annual Members are entitled to a 10% discount on all purchases from the SOLEIF Store. Please see details regarding the Store's policies online or any catalog of the SOLEIF Store's products sent to SOLEIF Annual Members.

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, judgments and expenses, including but not limited to reasonable attorney's fees and expenses, relating to or arising out of any breach of these Terms and Conditions, or any use of the Service, by you, by your Guests 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 MERCHANTABILITY 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, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION, CONTENT OR MATERIALS PUBLISHED OR ACCESSIBLE ON OR OTHERWISE AVAILABLE THROUGH THE SERVICE; OR (v) THAT THE SERVICE OR ANY CONTENT, 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 OUT 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 CONTENT, 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 you as a Annual Member and 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 and Conditions. 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 and Conditions 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 and Conditions 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 and Conditions or the Service.

Miscellaneous

These Terms and Conditions, 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 and Conditions 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 and Conditions will not constitute a waiver of SOLEIF's right to subsequently enforce such provision or any other provision of these Terms and Conditions. No waiver of any provision of these Terms and Conditions shall be effective unless in writing.

Last Updated - August 13, 2002
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