Heredis Online Policy

Heredis Online Policy

The Heredis Online Service is a processing service for genealogical data created and implemented by the BSD CONCEPT Company. Review the Terms and conditions of the Heredis Online Service.

Plan

0 – Definitions
1 – Purpose
2 – Users of Heredis Online
3 – Evolution of Heredis Online
4 – Access
5 – Registration
6 – Security
7 – Period of validity of an account
8 – Termination
9 – Privacy Policy
10 – Search Engine
11 – Violations
12 – Force Majeure
13 – Responsibility
14 – Applicable law and disputes
15 – Identification of the company

0 – Definitions

Heredis Online Service: Online service offered to users of the Heredis software program. This service, without being exhaustive, is designed to publish on the Internet the genealogical files of Users, to seek information from the published data and databases submitted by partners. Using Online Heredis can bring people together around common genealogies.

www.heredis-online.com: Website dedicated to the service and which are subject to the present conditions.

Heredis: Genealogy software from which the user can access all Heredis Online services subject to the present conditions.

BSD CONCEPT : Publisher of the Heredis Online Service and of the Heredis software.

User(s): physical(s) or moral(s) person(s) accessing Heredis Online and holder(s) of a personal account.

Visitor(s): physical or moral person accessing any page published with the Heredis Online Service for exclusive consultation as a User or using the search engine of the www.heredis-online.com.

Account : The account identifies the User of the Heredis Online Service by a username and password.

Username: term for the email address or pseudonym allowing the User to connect to the Heredis Online Service.

Online registration: request for registration with the Heredis Online Service performed by a remote server and accessed via the standard HTTP network.

Registration Server: server available to the public for use of the Internet services of Heredis Online. It allows the User to obtain the login credentials for connecting to Heredis Online.

1 – Purpose

The BSD CONCEPT company presents Heredis Online, a service that allows you to search the Internet directly from the genealogical files and to publish genealogical files on the Internet in the form of personal genealogical websites. The data and pages are hosted by BSD CONCEPT. The data may be modified or deleted at any time by the people who published them.

The data published by Users using the Heredis software may in no way be commercially re-used by BSD CONCEPT or by its partners.

The present constitute the terms and conditions of Heredis Online as of October 15th, 2013.

These terms represent the entire rights and obligations of the parties regarding the Heredis Online Service. No general or specific condition communicated by the User may be incorporated within these terms and conditions.

The User declares to be aware of the following conditions before using Heredis Online and expressly and irrevocably agrees to the terms stated below.

2 – Users of Heredis Online

Heredis Online is available:
• to individuals. They should be major at the time of registration, or hold parental authorization allowing them to use Heredis Online,
• to non-profit genealogical circles or associations.
The User therefore declares his/her status and capacity to accept these terms and conditions.

Moreover, in the context of access to minors with parental consent, parents are requested to monitor the use made by their children of the access to the Internet and keep in mind that Heredis Online is designed to reach a wide audience and that in their role as legal guardians, it is the responsibility of parents to determine what service is or is not appropriate for their child(ren) and monitor how they use it.

3 – Evolution of Heredis Online

BSD CONCEPT reserves the right to make any changes and improvements deemed necessary or desirable to the Heredis Online Service and will not be liable for damages of any nature that may arise from them.

Moreover, BSD CONCEPT reserves the right at any time and without notice or compensation, to permanently put an end to the proposed Heredis Online Service and will not be liable for damages of any nature that may arise from this.

BSD CONCEPT reserves the right, without notice or compensation, to close temporarily or permanently access to certain services. It will not be liable for damages of any kind that may result from this.

BSD CONCEPT invites its customers to regularly consult the terms and conditions of use of the Heredis Online Service, in order to keep abreast of developments in the proposed services, and specifically of the terms and conditions of use.

4 – Access

The use of the Heredis Online Service is subject to the fact that the User has the following hardware and tools:
• OS System: Windows XP minimum – Mac OS 10.6 minimum
• Screen 1024*768
• Internet browser
• Internet connection (broadband recommended)
• Heredis 2014 software minimum for publishing

5 – Registration

Anyone wishing to register for the publishing services via internet of Heredis Online must fill out a form. By using Heredis Online, the User agrees to: • provide true, accurate, current and complete information about themselves as requested in the registration form to Online Heredis, • maintain and regularly update the registration information to keep it true, accurate, current and complete.

BSD CONCEPT retains the IP address of the computer from which the Heredis Online Service registration is made.

Should the User provide false, inaccurate, not up-to-date or incomplete information, BSD CONCEPT shall be entitled to suspend or terminate the account and to refuse any present or future access to all or part of the functions of the Heredis Online Service.

The future User must also provide a User ID and a password.

Following the validation of a User Account, the User will receive an email confirming the opening of the account.

The User can open as many Heredis Online accounts as he/she wishes, provided that the User effects as many registrations as Heredis Online Accounts opened, a username and password being assigned for each account.

The Heredis Online Account includes the personal identification data of the User, the published genealogical data and User preferences for the Heredis Online Service.

6 – Security

Any connection or transfer of data made using the User ID will be deemed to have been carried out by the latter. Safeguarding the confidentiality of the password assigned to the User is the sole responsibility of the User.

Any loss, misuse or unauthorized use of the ID and/or password, and their consequences, are the sole responsibility of the User.

The User agrees to:

• inform BSD CONCEPT immediately by email of any unauthorized use of his/her account and/or password and/or any other breach of security, in order that BSD CONCEPT be kept informed and use that information to alter immediately the password originally assigned at registration (immediate blocking of data published via the account); • ensure that at the end of each session the User will disconnect.

BSD CONCEPT may not be held responsible for any loss or damage arising from the failure to comply with this paragraph.

7 – Period of validity of an account

The User Account is established for an unlimited period, without prejudice to the right of each party unilaterally to terminate the said contractual relationships at any time, without notice or justification or compensation. In particular, in the case of violation of the provisions hereof by the User, BSD CONCEPT reserves the right to remove the User Account without prior notice.

8 – Termination

The User acknowledges the right of BSD CONCEPT to terminate all or part of the corresponding right of access to the account, or to delete the account and ID, as well as the right to remove or move any content of a User and for any reasonespecially should BSD CONCEPT have good reason to believe that the User has violated or acted inconsistently with the letter or spirit of these Terms of Use; and this, after having allowed the User to withdraw or modify the content in question.

BSD CONCEPT may also unilaterally and at any time discontinue publication of the pages of a User. The User acknowledges that any termination of access to the site under the terms of this agreement may be effected without prior notice, and the User acknowledges and agrees that BSD CONCEPT shall be entitled to deactivate or remove at any time with immediate effect the User Account and all related information and files in this account and/or bar any further access to the said files or to the Site. In addition, the User acknowledges that BSD CONCEPT may not be held responsible to the User or to any third party for any termination of access to the account.

9 – Privacy Policy

BSD CONCEPT undertakes not to disclose to any third parties the information provided by the User upon registration, except to comply with any legal obligation.

In accordance with Law No. 78-17 of January 6, 1978, the User has the right to access and delete any information concerning him/her. On request, it may be communicated to the User and, in case of any error or modification, be rectified. To do this, the User must apply online or by mail (see details in Article 15), indicating name, forename and address.

The User is informed that during the connection with the Heredis Online Service, the preferences for the service may be automatically recorded by the hard drive. Preferences may be the email address and username that is used to identify the Heredis Online account (to facilitate subsequent semi-automatic data entry), the password, the User language…

In general, BSD CONCEPT temporarily stores information concerning the connections of each User to the web pages published using the Heredis Online Service (published pages, date and time of publication, IP addresses, etc..). Certain technical data of Visitors may also be retained when interacting with the pages published with the Heredis Online Service.

BSD CONCEPT reserves the right to retain User identification data to the web pages published by the Heredis Online Service to:

• identify these Users should BSD CONCEPT be constrained by a judicial authority, by any independent administrative authority and generally, by any other administrative authority under the Act. • identify the Users who violate these terms and conditions of use of the Heredis Online Service. In such a case, BSD CONCEPT will thus be able to transmit directly the said identification data to the competent authorities.

10 – Search Engine

The search engine of the Heredis Online Service includes several tabs for results. A tab contains genealogical results proposed by a partner of BSD CONCEPT. Other tab lists data published by Users through the Heredis Online Service.

BSD CONCEPT may not be held responsible for any illegal content that the Heredis Online Service search engine may identify, mainly because it cannot control the said content.

Finally, the User acknowledges being aware of the fact that the data published on this site is likely to be automatically referenced by engine research robots existing on the Internet.

11 – Violations

BSD CONCEPT requests Heredis Online Service Users to respect the rights of others.

BSD CONCEPT reserves the right to bring legal action against any Heredis Online Service User who may be held responsible for actions which may prejudice BSD CONCEPT, or any other Users, or other third parties in any way whatsoever.

Users may not in any way undertake commercial exploitation of data.

It is also, and especially, the responsibility of the User to comply with regulations relating to privacy, protection of personal data, the delay of disclosure for public records, conditions of communication and re-use as defined by the general conditions of service for public or private archives, and also to respect the Intellectual Property relating to published documents (photographs, texts…).

Should a Visitor or a User find that another User is infringing his/her rights as recognized by the law, he/she is required to contact the author of the data via the link on the pages of the personal site published with the Heredis Online Service.

The User of the Heredis Online Service accepts to respond diligently to any request for amendment or deletion and to implement them as soon as possible. In case of refusal on the part of the User, or if the requested amendments or deletions were not effected within a reasonable time after the request of the third period concerned, the latter is invited to inform BSD forwarding a copy of the application and the possible negative response from the author. BSD CONCEPT coordinates are given in Article 15.

Should the request for modification made by a third party appear clearly legitimate, BSD CONCEPT reserves the right, after notifying the User concerned, simply to delete the data or the Heredis Online Account concerned. The User may not make any claim in this matter.

12 – Force Majeure

BSD CONCEPT denies liability for any breach of its obligations in the event of Force Majeure or of any other unforeseen circumstances, including, but not limited to, natural disasters, fires, internal or external strikes, failures or internal or external break-downs, and in general, any event preventing the efficient execution of Heredis Online Service.

13 – Responsibility

The User acknowledges awareness of the constraints and limitations of the Internet.

BSD CONCEPT is responsible for proper performance of its obligations.

However, BSD CONCEPT shall in no event be liable for any technical problems external to its service, access speeds to the User pages from other sites, speeds of opening and consultation of these pages, external delays, suspension or unavailability of its services, the fraudulent use by third parties of any information made available on the pages of Users.

Services are available 24 hours per day, seven days a week, except in cases of Force Majeure or of any event beyond the control of BSD CONCEPT, and subject to maintenance periods and other possible break-downs.

Transfer speeds and response time for information from BSD CONCEPT servers to the Internet are not guaranteed by BSD CONCEPT. Indeed, the flow speed of information does not fall within the provision of access offered by BSD CONCEPT, but within the inherent characteristics of online networks concerning the technical means for absorbing the traffic generated.

It is the responsibility of the User, as for any internet user, to protect their technical equipment, particularly against any form of contamination by viruses and/or attempt at intrusion, BSD CONCEPT in no case being held responsible. The User is solely responsible for any damage to his/her computer system or loss of data while using the Heredis Online Service.

Users are solely responsible for the installation, operation and maintenance of the technical equipment necessary for use of Heredis Online Service. In no event may BSD CONCEPT be held responsible should the Heredis Online Service be incompatible or show disfunction problems with any other software, configurations, operating systems or customer equipment.

Users are solely responsible for their use of the Heredis Online Service and may not hold BSD CONCEPT responsible for any claims and/or proceedings made against them. They agree to be personally responsible for any claims and/or proceedings brought against BSD CONCEPT and which are related to their use of the Heredis Online Service.

The responsibility of BSD CONCEPT may not be engaged in the case of non-compliance with the laws of any foreign country where the pages published by Heredis Online Service Users may be accessible.

Finally, the responsibility of BSD CONCEPT may not be engaged for damages related to the use of its services – including search engine results – offered by its partners.

14 – Applicable law and disputes

The present terms and conditions are subject to French law.

In the case of any difficulty in the interpretation or application of these terms and conditions, the parties will try wherever possible to resolve their dispute amicably.

In the case of failure of these attempts, the French courts will have exclusive jurisdiction over all disputes which may arise out of the present conditions.

15 – Identification of the company

Heredis Online is an service created and edited by the BSD CONCEPT company – 1140 avenue Albert Einstein – CS 49458 – 34961 Montpellier cedex 2 – France.

RCS: B 393 616 008.

All correspondence should be sent to: BSD CONCEPT – CS 49458 – 34961 MONTPELLIER CEDEX 2 -FRANCE

Heredis-Online has been declared to the CNIL ( Commission Nationale Informatique et Libertés), N° registration: 1701058 v 0.

Heredis-Online.com is an online service that allows Heredis software users to create a personal genealogy website for publishing their research on their families, for sharing their discoveries with their families, and to search for new information.

The author of the genealogy site is listed on the home page that contains a Contact the author link to get in touch. A Contact the author link is also available on the footer of each Heredis-Online personal site.

The BSD Concept Company, owner of the service and responsible for its implementation, hosts the site. The private and personal information posted on a Heredis-Online genealogy website by users of the service are not screened by the staff of BSD Concept.

Every living person who would like to see his or her personal information changed or deleted is invited to contact the author of the site who posted the data. Any related person may also request deletion of data relating to a deceased person provided the motive is justified (insult to the memory of the person or lack of respect due to the deceased, or undermining of the privacy of the person concerned).

The author of the site is obliged to reply promptly to any request for amendment or deletion and will implement them as soon as possible. In case of refusal by the author or if changes or deletions requested were not implemented within a reasonable time after the request of the third party concerned, the latter is invited to inform BSD Concept by completing the form available on its website Contact and by forwarding a copy of the request and the possibly negative reply of the author.

If the amendment request made by a third party should appear clearly legitimate, BSD Concept reserves the right, with prior notice to the author concerned, to simply delete the requested data or the Heredis-Online account concerned. The author may not make any claim in this matter.

For any questions concerning this information on personal data, please contact BSD Concept – 1140 Avenue Albert Einstein – CS 49458-34961 Montpellier cedex 2 – France.

Heredis Online has been declared to the CNIL ( Commission Nationale Informatique et Libertés ) N° registration: 1701058 v 0.

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