PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website www.marksfamilylegacy.com (our site).

  • Who we are and how to contact us.
  • By using our site you accept these terms.
  • There are other terms that may apply to you.
  • We may make changes to these terms.
  • We may make changes to our site.
  • We may suspend or withdraw our site.
  • We may transfer this agreement to someone else.
  • Our site is only for users in England OR the UK
  • You must keep your site account details safe.
  • How you may use material on our site.
  • Do not rely on information on our site.
  • We are not responsible for websites we link to.
  • User-generated content is not approved by us.
  • How to complain about content uploaded by other users.
  • Our responsibility for loss or damage suffered by you.
  • Exclusion of liability for digital content.
  • How we may use your personal information.
  • Uploading content to our site.
  • Rights you are giving us to use material you upload.
  • We are not responsible for viruses and you must not introduce them
  • Rules about linking to our site.
  • Which country's laws apply to any disputes?
  • Our trade marks are registered.
  1. Who we are and how to contact us
    1. marksfamilylegacy.com is a site operated by Marks Family Legacy ("We").
    2. To contact us, please email info@marksfamilylegacy.com
  2. By using our site you accept these terms
    1. By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
    2. If you do not agree to these terms, you must not use our site.
    3. We recommend that you print a copy of these terms for future reference.
  3. There are other terms that may apply to you
    1. These terms of use refer to the following additional terms, which also apply to your use of our site:
      1. Our Privacy Policy . See further under How we may use your personal information.
      2. Our Acceptable Use Policy  which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy , which sets out information about the cookies on our site.
  1. We may make changes to these terms
  2. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 05.03.2020.
  1. Our services
    1. Our aim is to provide a safe place where users can share memories and connect with similar minded users, friends and family members online. Our products and services allow you to post, share content and comment on posts. Send healing and future messages and create your own family legacy.
    2. Although we try to make Marks Family Legacy available to everyone the site is not intended for use to people under the age of 16. To comply with GDPR and data processing for children you can not use the site if you are under the age of 16. See our data protection and privacy policy here
    3. The site is divided into two distinct areas. Public and private areas as defined below:
      1. The Public area (free of charge)
        1. Users may post. comment and engage in the public area of the site providing they comply with out terms of service in the knowledge that their name will be visible to other users and visitors of the site.
        2. The site (platform) is designed to allow users to find and connect to similar minded people, friends and family and therefore real name must be used.
        3. The public area includes:
          1. The healing tree
          2. Family pets
          3. Family history
          4. People
          5. Make a wish
          6. Missing people
          7. Today’s legacy
          8. What’s happening today
        4. Users must register for at least a free account to use and engage in the public area and by registering you accept and agree to our terms of service. You must be over the age of 16 to register for an account.
        5. To learn more about the features of the site please see our detailed site guide here 
      2. The Private area (paid subscription)
        1. The private area allows users access to the following site providing they comply with out terms of service. Users may post. comment and engage in the public and private area of the site providing they comply with out terms of service in the knowledge that their name will be visible to other users and visitors of the site.
        2. The Private Area includes:
          1. Private messaging
          2. Connect with friends and family
          3. Notebook
          4. Family tree
          5. Family message
          6. Private wall
          7. Private vault
          8. Future calendar
          9. Emotions
          10. Access to public area features
        3. Users must register for a paid subscription account to use and engage in the Private area (with access to the public area included) and by registering you accept and agree to our terms of service. You must be over the age of 16 to register for an account.
        4. See subscription options here 
      3. We may make changes to our site
        1. We may update and change our site from time to time to reflect changes to our users' needs and our business priorities OR to keep up with current legislation. [We will try to give you reasonable notice of any major changes.]
      4. We may suspend or withdraw our site
        1. Access to our public access area is made available free of charge.
        2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
        3. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
        4. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
        5. Our site is directed to people residing in [England OR the United Kingdom]. We do not represent that content available on or through our site is appropriate for use or available in other locations.
        6. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
        7. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
        8. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at privacy@marksfamilylegacy.com
      5. How you may use material on our site
      6. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
      7. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
      8. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
      9. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
      10. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
      11. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
      12. Do not rely on information on this site
      13. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
      14. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
      15. We are not responsible for websites we link to
      16. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
      17. We have no control over the contents of those sites or resources.
      18. User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

  1. How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on reportuser@marksfamilylegacy.com

  1. Our responsibility for loss or damage suffered by you
  2. Whether you are a consumer or a business user:
  3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  4. If you are a business user:
    1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
    2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, our site; or
      2. use of or reliance on any content displayed on our site.
      3. In particular, we will not be liable for:
      4. loss of profits, sales, business, or revenue;
      5. business interruption;
      6. loss of anticipated savings;
      7. loss of business opportunity, goodwill or reputation; or
      8. any indirect or consequential loss or damage.
    3. If you are a consumer user:
      • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  1. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
  1. How we may use your personal information

We will only use your personal information as set out in our privacy policy

  1. How we protect you and your data.
    1. We want you to enjoy your experience here and take your safety and the safety of your data seriously. We ask that others respect you online and we ask users to consider the content they are posting and not include information that could compromise their security on and offline. We have systems in place to help maintain a pleasurable experience for all our users and accounts acting inappropriately will be removed. Access to and engaging with content on the site is only available to users that have registered their correct details. Data to the site and membership is encrypted with a 128bit secure connection (ssl) The site and all your data is stored on secure dedicated servers. We do not access your data unless it is necessary to do so, such as deleting an inappropriate post in the public area. Data is backed up on a daily basis and we take every reasonable precaution to protect against data loss.
    2. We only process your personal data for the sole purpose of allowing us to provide the products and service we offer
    3. It is your responsibility to ensure your information including your personal data is true and up to date. You can update this information in your account profile information. You can also export your personal data such as your name email address and any other information in your account area.
    4. For more information see our privacy and data protection policies

 

  1. Uploading content to our site
  2. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use policy
  3. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  4. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload
  5. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
  6. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy
  7. You are solely responsible for securing and backing up your content.
  8. We do not store terrorist content.
  9. You must not post or comment on content that is deemed offensive to others including content that is or deemed to be by us but not limited to:
    1. Pornographic
    2. Showing violence
  • Discriminative
  1. Using Profane or offensive language
  2. Purposefully Insight Political or religious hatred or argument.
  3. Use the website, products or services for business or marketing purposes
  • Act is a deceitful way to other users or try to obtain personal information or sensitive information.
  • Upload viruses, malware or anything that interferes or would interfere with the normal operating or functionality of the site.
  1. Download or attempt to download, copy, replicate or distribute any of the material, software, Products or services that are owned by us.
  2. Bullying or harassment of other users on the site will not be tolerated and will lead to account suspension or termination without notice
  3. There are methods on the site to report users inappropriate or offensive behaviour alternatively you can email us at admin@marksfamilylegacy.com

 

  1. Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

  1. [LICENCES GRANTED TO THE WEBSITE OWNER].
  2. [LICENCES GRANTED TO OTHER USERS OF THE SITE OR TO THIRD PARTIES].
  1. We are not responsible for viruses and you must not introduce them
  2. We do not guarantee that our site will be secure or free from bugs or viruses.
  3. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
  4. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  5. Rules about linking to our site
  6. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  7. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  8. You must not establish a link to our site in any website that is not owned by you.
  9. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  10. We reserve the right to withdraw linking permission without notice.
  11. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy 
  12. If you wish to link to or make any use of content on our site other than that set out above, please contact [EMAIL ADDRESS].
  13. Which country's laws apply to any disputes?
  14. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
  15. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
  16. Trademarks and use of content
  17. ["TRADE MARK 1"] and ["TRADE MARK 2"] are [UK registered] trade marks of [COMPANY NAME]. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site [INSERT AS LINK].
  18. The content of this site including but not limited to the design, layout, appearance, images, text and software are the property of Marks Family Legacy and may not be downloaded, copied, shared or modified in anyway. User Content that is generated on the site such, as posts may be shared to social media, other users of the site and downloaded for personal non-commercial use.
  1. Delivery of services, Payments and refunds
    1. Payment for subscription is taken in GBP securely through PayPal and various subscription options are available see here. Paid subscriptions are taken to provide the services  listed in the private area and to help with running costs of the site and public areas. Delivery of your subscription should be made available immediately following successful payment processing.
    2. You may cancel your subscription at any time up to 14 days from account creation for a full refund. After this period no refunds can be given for the length of the subscription period. By cancelling a subscription, your account and any sub accounts for family accounts and data will be deleted and removed from our systems automatically and cannot be retrieved.
    3. You may export or request your personal data that we hold on our systems such as name and email not including posts and uploaded content prior to cancellation
    4. For any enquiries relating to account or billing please Contact us using the contact form on the site choosing the billing department or by emailing  billing@marksfamilylegacy.com proving your full name , email address and subscription details