Contents

1.       Change Log

2.       Introduction

3.       Definitions

4.       Agreement

5.       Your Account

6.       Your Content

7.       Your Responsibilities

8.       Third-Party Services and E-Commerce

9.       What We Own

10.   Our Rights

11.   Our Services

12.   Billing and Payment

13.   Privacy and Cookie Policies

14.   Disclaimer of Warranties and Limitation of Liability

15.   Indemnification

16.   Changes to our Services

17.   Amendments, Updates, and Notification

18.   Dispute Resolution

19.   U.S. Economic Sanctions

20.   Feedback

21.   Miscellaneous

1. Change Log

Version	Date	Effective	Description
1.0	12/9/2023	12/9/2023	·         First version.
1.0.a	7/6/2024	7/7/2024	·         Increased minimum allowed age to use Visual Ancestor Services from thirteen (13) to sixteen (16). ·         Strengthened feedback agreement (currently Section 20) which creates no expectation of payment or other form of compensation should anyone submit an idea or suggestion to Visual Ancestor.

 

2. Introduction

These Terms of Service (referred to herein as “Terms” or “TOS”) are based upon an open source version provided by Automattic / Legalmattic obtained from their github repository on June 1, 2023, and is used with permission pursuant to the Creative Commons Attribution ShareAlike 4.0 International license provided by Creative Commons Corporation. We hereby provide notice that we have made major changes and modifications to the aforementioned open source version of these Terms in order to suit our custom needs. According to the Creative Commons Attribution ShareAlike 4.0 International license, you are free to copy, to adapt, to repurpose, and to use these Terms for your own use and purpose under the same license as the original.

Thank you for visiting a website created and operated by Visual Ancestor, on online library of ancestor photographs from 1840 to 1940, chiefly among them www.visualancestor.com (collectively referred to herein as our “Sites”); and for accessing and using any of our digital services that are hosted on, conveyed, delivered, and made available through our Sites (referred to herein as our “Services”).

Visual Ancestor is the perfect solution for preserving and passing on your ancestor photographs because, with Visual Ancestor, they become permanently archived in and a part of a large online library, centrally curated and professionally managed, intended to be available for perpetuity to benefit present and future generations.

To learn more about how Visual Ancestor works, and the Services we offer, please visit our about page at www.visualancestor.com/about/.

3. Definitions

·         Continual Manner:  Spending more than a small amount of time on any of Visual Ancestor’s Sites or spending more than a small amount of time using any of Visual Ancestor’s Services to warrant you “using them,” as defined by any one of the following scenarios:

1)      Being presented with our cookie consent options box which pops up automatically when you navigate to any public page of any of our Sites, which references these Terms, selecting an option, and moving on to view the unobscured pages; or

2)      In the event our cookie consent options box is not working and does not pop up automatically, either from a server-side issue or you have disabled JavaScript, spending more than five minutes on any public page of any of our Sites; or

3)      In the event our cookie consent options box is not working and does not pop up automatically, either from a server-side issue or you have disabled JavaScript, clicking any link to navigate to any other page from the page you landed on; or

4)      Interacting with any component of any public page you have navigated to, such as but not limited to playing any of our videos content.

·         Digital Age of Consent: Minimum age a jurisdiction has determined is appropriate for a minor to use a digital service, and is often thirteen years-of-age (13), but because of recent legislation in one or more jurisdictions, Visual Ancestor does not allow use of its Sites and Services by anyone under the age of sixteen (16) and requires parental or guardian consent of anyone under the age of eighteen (18).

·         Group: A group is a collection (or grouping) of related photographs, postcards, or other related artifacts that share some common element or trait. The photographs in a group may have been acquired from a dealer as one bundle, and therefore may be of related persons or friends. A group can also be created by a member like you to contain photographs from a specific branch of your family. A group is therefore useful to help preserve contextual information about photograph relationships making the discovery of photographs of related persons much more probable.

·         Effective Date: The precise date and time these Terms become enforceable and in full legal effect, which is usually stated at the top of whatever document or whatever webpage these Terms appear on.

·         Member:  A User of Visual Ancestor’s Sites and Services who has signed up for (or registered for) and has finished creating an Account on any of Visual Ancestor’s Sites, and has kept said account in good standing.

·         Member Content: Any and all content, whether an image or text, whether inputted by you manually such as typed text or uploaded as a file, that you create, upload, submit, post, display, share, store, communicate, transfer, or otherwise make available on, through, or by means of our Sites and Services, including all Intellectual Property Rights related thereof.

·         Public Domain: legal state of all created works in which their copyrights are expired and are no longer in effect, or no longer exist, and therefore are free to be used by any person or persons without any rights restrictions.

·         Service: Capability that delivers value to a member of the public, either for free or for a fee, examples of which are but not limited to the ability to browse photographs, postcards, and other artifacts hosted at Visual Ancestor; and the ability to create your own groups and upload your own photographs, postcards, and other artifacts to them.

·         Service Provider: A company or an organization that provides a service on behalf of its Users and Members.

·         Site: an Internet address or domain and the website it refers to that are owned by Visual Ancestor, chiefly among them being the domain www.visualancestor.com and the website that is hosted at that address.

·         Terms of Service:  This legal agreement made between Visual Ancestor as a service provider and both our members and the public, which contains binding provisions. This Terms of Service is herein referred to as “Terms” or “TOS.”

·         User: Any person using any of our Sites and Services, which includes both non-Members and Members.

4. Agreement

These Terms of Service (referred to herein as “Terms” or “TOS”) govern your use of Visual Ancestor’s Sites and Services and constitute a binding agreement (referred to herein as “Agreement”) between you and Visual Ancestor.

Visual Ancestor, also known as the Visual Ancestor Library of Ancestor Photographs from 1840 to 1940 (both referred to herein as “Visual Ancestor”, “VA”, “us”, “we”, “our”, “ourself”, or “ourselves”), are tradenames owned and operated by Trident Analytics, Inc., a Massachusetts domestic corporation physically located in Somerset, Massachusetts maintaining a mailing address at P.O. Box 14, Somerset, Massachusetts 02726. Visual Ancestor is both a physical library of photographs from about 1840 to about 1940 and an online library of the same, the online part of which is hosted at one or more of Visual Ancestor’s Sites (e.g. www.visualancestor.com). These Terms and this Agreement primarily pertain to Visual Ancestor’s online library, however, may also pertain to Visual Ancestor’s physical library if such Terms make sense. In every place in these Terms where Visual Ancestor is mentioned as the subject or the object of a sentence, it by relation means Trident Analytics, Inc. also, the owner and operator of Visual Ancestor.

“You” shall be defined as the individual entering into this Agreement with Visual Ancestor by accessing and using Visual Ancestor’s Sites and Services (referred to herein as “you”, “your”, or “yourself”), either without an Account but in a continual manner, or by creating an Account and thereby becoming a Member; or as the individual accessing and using Visual Ancestor’s Sites and Services under the authority of and by permission of another person (for example anyone between 16 and 17 years-of-age with legal parental or guardian consent). Anyone who has registered for and has created a Visual Ancestor Account is referred to herein as “Member.”

BY ACCESSING AND USING VISUAL ANCESTOR’S SITES AND SERVICES IN A CONTINUAL MANNER WITHOUT AN ACCOUNT, OR BY DOING THE SAME BY CREATING AN ACCOUNT AND THEREBY BECOMING A MEMBER, YOU EXPLICLTY ACCEPT AND AGREE TO BE BOUND BY THE ENTIRETY OF THESE TERMS OF SERVICE, OR THE MAXIMUM EXTENT THAT IS PERMISSIBLE BY LAW WITHIN YOUR LEGAL JURISDICTION, AND ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS PRESENTED HEREIN THAT ARE LAWFUL WITHIN YOUR LEGAL JURISDICTION.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF SERVICE, OR TO ANY TERM OR CONDITION THEREOF THAT IS PERMISSIBLE BY LAW WITHIN YOUR JURISDICTION, YOU MAY NOT USE ANY OF VISUAL ANCESTOR’S SITES AND SERVICES OR ANY RELATED OFFERING. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY DECLARE, REPRESENT, AND WARRANT THAT:

·         YOU ARE OF THE LEGAL AGE TO CONTRACT WITHIN YOUR JURISDICTION, WHICH IS USUALLY AT LEAST EIGHTEEN YEARS-OF-AGE (18); OR IF NOT, YOU ARE (A) BEYOND THE AGE OF DIGITAL CONSENT WITHIN YOUR JURISDICTION AND ARE AT LEAST SIXTEEN YEARS-OF-AGE (16), AND (B) HAVE REVIEWED THESE TERMS AND THIS AGREEMENT WITH YOUR LEGAL PARENT OR GUARDIAN, AND (C) HAVE OBTAINED THEIR EXPLICIT CONSENT HAVING ACCEPTED THESE TERMS AND AGREED TO THIS AGREEMENT ON YOUR BEHALF

·         YOU HAVE THE FULL LEGAL RIGHT, POWER, ABILITY, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM UNDER ITS TERMS AND CONDITIONS, EITHER BY EXERCISING SUCH RIGHT, POWER, AND AUTHORITY AS (A) AN INDIVIDUAL PERSON, OR (B) AS LEGALLY AUTHORIZED BY ANOTHER INDIVIDUAL PERSON YOU ARE REPRESENTING, OR (C) AS A MINOR OPERATING UNDER THE EXPRESS CONSENT OF YOUR LEGAL PARENT OR GUARDIAN, OR (D) AS A DULY AUTHORIZED AGENT OF AN ORGANIZATION, CORPORATION, PARTNERSHIP, OR SIMILAR ENTITY

·         YOU ARE A HUMAN PERSON AND NOT A MACHINE, AUTOMATED PROCESS, PROGRAM, SCRIPT, BOT, OR ARTIFICIAL INTELLIGENCE (AI) ENTITY

·         YOU ENTER INTO THIS AGREEMENT VOLUNTARILY OF YOUR OWN FREE WILL

·         YOU UNDERSTAND THESE TERMS AND HAVE HAD OPPORTUNITY TO REVIEW THESE TERMS WITH LEGAL COUNSEL IF YOU SO CHOSE TO DO SO

·         YOU UNDERSTAND THAT YOUR AGREEMENT TO THESE TERMS IS A VALID AND BINDING OBLIGATION BETWEEN YOU AND VISUAL ANCESTOR THAT SHALL REMAIN IN FULL FORCE AND EFFECT FOR AS LONG AS YOU MAINTAIN ACCESS TO YOUR ACCOUNT, KEEP IT IN GOOD STANDING (I.E. NOT PROMPT VISUAL ANCESTOR TO TERMINATE YOUR ACCOUNT FOR ONE OR MORE VIOLATIONS OF THESE TERMS), AND KEEP IT IN OPERATING CONDITION (I.E. DO NOT VOLUNTARILY TERMINATE YOUR ACCOUNT), OR CONTINUE TO USE VISUAL ANCESTOR’S SITES AND SERVICES IN A CONTINUAL MANNER

·         YOU INDEMNIFY AND HOLD VISUAL ANCESTOR HARMLESS IF, WITHIN OUR SOLE JUDGEMENT, WE DETERMINE YOU HAVE VIOLATED THESE TERMS OR HAVE BROKEN YOUR AGREEMENT TO THESE TERMS, OR HAVE VIOLATED ANY TERM OR CONDITION HEREIN, IN RESPONSE THEREOF PROMPTING US TO TAKE ACTION AGAINST YOUR ACCOUNT UP TO AND INCLUDING ACCOUNT TERMINATION

IF YOU ARE AT LEAST SIXTEEN (16) YEARS-OF-AGE BUT LESS THAN EIGHTEEN (18) YEARS-OF-AGE, DEFINED HEREIN AS A “MINOR,” YOU AGREE TO REVIEW THESE TERMS AND THIS AGREEMENT WITH YOUR LEGAL PARENT OR GUARDIAN; AND THAT YOUR USE OF VISUAL ANCESTOR’S SITES AND SERVICES IN A CONTINUAL MANNER WITHOUT AN ACCOUNT, OR BY DOING THE SAME BY CREATING AN ACCOUNT, CONSTITUTES BOTH YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS AS WELL AS YOUR PARNET’S OR GUARDIAN’S ACCEPTANCE TO THESE TERMS ON YOUR BEHALF. FURTHERMORE, YOUR PARENT OR GUARDIAN EXPLICITLY ACCEPTS AND AGREES TO ASSUME FULL RESPONSIBILITY FOR YOUR USE OF VISUAL ANCESTOR’S SITES AND SERVICES INCLUDING ALL FINANICAL CHARGES AND LEGAL LIABILITY THAT YOU MAY INCUR.

IF YOU ARE AN EMPLOYEE, CONTRACTOR, OR AGENT OF AN ORGANIZATION, CORPORATION, PARTNERSHIP, OR SIMILAR ENTITY, YOU DECLARE, REPRESENT, AND WARRANT THAT YOU ARE AUTHORIZED TO SIGN FOR AND TO BIND SUCH ENTITY IN ORDER TO ACCEPT AND TO AGREE TO THESE TERMS, AND THAT THE ORGANIZATION, CORPORATION, PARTNERSHIP, OR SIMILAR ENTITY YOU REPESENT SHALL BE LIABLE TO VISUAL ANCESTOR FOR ANY VIOLATIONS UNDER THESE TERMS BY YOU ON BEHALF OF SUCH ENTITY. THE RIGHTS GRANTED UNDER THESE TERMS ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE ONLY BY SUCH AUTHORIZED PERSONNEL.

VISUAL ANCESTOR MAY ALTER, CHANGE, MODIFY, ENHANCE, OR REPLACE (IN WHOLE OR IN PART) THESE TERMS AT ANY TIME AND FOR ANY REASON, THEREBY CREATING A NEW VERSION OF THESE TERMS. THE NEW VERSION OF THESE TERMS SHALL BE IN EFFECT AND BINDING STARTING AT THE EFFECTIVE DATE PUBLISHED WITH THE NEW VERSION.

YOU AGREE THAT CONTINUED ACCESS AND USE OF VISUAL ANCESTOR’S SITES AND SERVICES UPON OR AFTER THE PUBLISHING OF A NEW VERSION OF THESE TERMS EXPRESSLY CONSTITUTE YOUR ACCEPTANCE OF THEM AND YOUR AGREEMENT TO THEM, AND YOUR AGREEMENT TO BE BOUND BY THOSE ALTERED, CHANGED, MODIFIED, ENHANCED, OR REPLACED (IN WHOLE OR IN PART) TERMS. VISUAL ANCESTOR WILL UNDERGO A REASONABLE EFFORT TO NOTIFY THE PUBLIC AND ITS MEMBERS OF ANY ALTERATION, CHANGE, MODIFICATION, ENHACNEMENT, OR REPLACING OF THESE TERMS; HOWEVER, LACK OF NOTIFICAITON DOES NOT CONSTITUTE NULLIFICATION OF THIS PROVISION SO LONG AS THE NEW VERSION OF THESE TERMS ARE INDEED PUBLISHED ON VISUAL ANCESTOR’S SITES.

WE MAY, IN OUR SOLE DISCRETION, REFUSE ACCESS TO OUR SITES AND SERVICES TO ANY PERSON OR ENTITY FOR ANY REASON. ADDITIONALLY, WE MAY CHANGE THE ELIGIBILITY CRITERIA FOR USING OUR SITES AND SERVICES FOR ANY REASON. THE PERMISSION TO ACCESS OUR SITES AND SERVICES IS REVOKED WHERE THESE TERMS ARE PROHIBITED.

You may discontinue use of our Sites and Services at any time. You may remove or request removal of your data and uploaded content at any time. You may close your account at any time. Should you do any of this, since it is by your free will, you agree to indemnify us and to hold us harmless if any portion, part, component, or time duration of any of our Services you have paid for in advance remains unused or undelivered, except if we have explicitly given a promise of a prorated refund for such cases, or if required to by law.

If, in our sole judgment and determination, you are violating or have violated any provision of these Terms, you agree we may temporarily or permanently pause, suspend, downgrade, terminate, and prohibit your access to our Sites and Services with or without notice. Should this take place, you agree to indemnify us and to hold us harmless if any portion, part, component, or time duration of any of our Services you have paid for in advance remains unused or undelivered, except if we are required by law to provide a prorated refund.

5. Your Account

The following provisions pertain to any account you create on any of Visual Ancestor’s Sites.

Requirements

We only permit accounts to be created by a human person, manually, in-person, and not by any remote action, by navigating through the account creation process on any of our Sites by customary means of using an electronic device together with any method of direct human input such as, by example, a mouse, a keyboard, a touch sensitive screen, a screen reader, audio interpreter, or another form of assistive technology. We do not permit accounts to be created by a machine, an automated process, a program, a script, a bot, or an Artificial Intelligence (AI) entity.

We only permit accounts to be created for another person who is not the direct operator of the electronic device when said accounts are created if the operator is operating under the direct permission, approval, and oversight of the person for whom the account is being created. We only furthermore permit such accounts to be created if the person for whom the account is being created is legally able to provide consent to the account creation process including acceptance of these Terms, using the operator only as an assistive person when the person for whom the account is being created is unable to operate the account creation process themselves. Should Visual Ancestor have evidence that an account has been made by or is operated by anything other than a human person, or if Visual Ancestor has evidence that an account has been made for another person without that person’s direct permission, approval, and oversight, Visual Ancestor reserves the right to take action against that account up to and including account suspension or termination.

For all purposes of and applying everywhere in these Terms, if an operator of an electronic device is creating an account for another person, and is therefore operating under their direct permission, approval, and oversight, and also if the person for whom the account is being created is legally able to provide consent to the account creation process including acceptance of these Terms, then the term “You” as defined above in the “Agreement” section of these Terms shall apply to the person for whom the account is being created even if they are not the one who clicks buttons or takes any other proper and qualifying action to indicate acceptance to these Terms.

Generally, you must be at least eighteen (18) years-of-age to create and to operate an account, but we do permit you to create and to operate an account if you are at least sixteen (16) years-of-age had if you have obtained explicit parent or guardian consent. Visual Ancestor does not permit our Sites and Services to be used and operated by persons under sixteen (16) years-of-age. Should Visual Ancestor have evidence that you are under sixteen (16) years-of-age, we will terminate that account immediately. Visual Ancestor will take the same action for accounts created and operated by anyone in another jurisdiction where the statutory minimum digital age of consent may be older.

You may not create accounts or use any of Visual Ancestor’s Sites and Services in violation of any export control laws or when there are sanctions imposed upon you by the United States of America. You may not use Visual Ancestor’s Sites and Services if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or prohibitions administered by a United States government agency.

We may require now or in the future the use of Multi-Factor Authentication (“MFA”) as part of the account creation process, as a requirement to keep your Account, and as part of the login process.  MFA is when you receive a text message on your phone or other electronic device containing a special code you then input onto a webpage to double-confirm your identity. By creating an account with Visual Ancestor, you accept, agree, and permit Visual Ancestor to send text messages to your phone or other electronic device using the phone number you have provided already or will provide in the future.

Registering / Creating an Account

To access and to use our Services, you must register for an account (referred to herein as “Account”) with Visual Ancestor for one to be created. When registering for your Account, You agree (a) to provide us with complete and accurate information, (b) to provide us with a valid and current email address (“Primary Email Address”) and, if a phone number is or becomes required, a valid and current phone number (“Primary Phone Number”), that you own and control and that does not belong to another person or entity, and (c) to keep that information current so that we can communicate with you about your Account. We may need to send you notices about important updates (like changes to these Terms), or to inform you of inquiries we receive about your Account or your use of our Services.

You acknowledge that Visual Ancestor may use the Primary Email Address you provide for your Account, whether as originally provided at Account registration or as updated by you from time to time, as our primary method of communication. Your email communications with Visual Ancestor can only be authenticated if they come from your Primary Email Address.

By registering for an Account and providing a Primary Email Address, you agree and consent to receive email communications from us for the following reasons whether you unsubscribe from email notices and whether you turn off receiving other types of email communications:

·         Account management issues such as changing and confirming your Primary Email Address,

·         Basic account activity issues such as a private group reaching its Privacy Expiration Date and becoming public,

·         Legal issues such as being advised of a New Version of these Terms, and

·         Non system-generated communications from staff regarding specific things about your account.

We may, in addition to the above, send you email communications dependent on your preferences which you can alter by editing your account profile.  These reasons include but are not limited to:

·         Notifications on new available content,

·         Notifications when another Visual Ancestor member shares interest tags,

·         You receiving mail from another Visual Ancestor member, and

·         Standard marketing notifications.

Usernames and Uniqueness

Visual Ancestor reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames. Furthermore, you agree to register an account for yourself or the organization, corporation, partnership, or similar entity you represent, and agree to refrain from impersonating any individual person, organization, corporation, partnership, or similar entity that is neither yourself nor an organization, corporation, partnership, or similar entity you truly represent.

Your account must be created using a unique username, which is the name that shall be used to login to your account. Your account also must use an email address that is unique (not used by any other account). Therefore, there is one account per unique username per unique email address. Your username

Account Security and Responsibility

You acknowledge and agree that you are responsible for keeping your Account secure by safeguarding and keeping any authenticating information private and secure, which includes but is not limited to your username (which only you and our staff can see on Visual Ancestor’s Sites), your password (which only you know and which we do not know and cannot access), access to your Primary Email Address, and if in the future we implement Multi-Factor Authentication (MFA), your Primary Phone Number.

You acknowledge and agree that you are responsible to ensure that no unauthorized person shall have access to your Account, your Primary Email Address, and if in the future we implement MFA, your Primary Phone Number. If anyone other than yourself accesses your Account, they may perform actions available to you such as may make changes to your Account, add or delete Member Content, and message other Members pretending to be you. You agree that Visual Ancestor shall have no liability for any loss or damage resulting from your failure to maintain the security of your Account. You agree to immediately notify us of any unauthorized use of your Account or if your password becomes compromised. If we believe your Account has been accessed by an unauthorized person or entity, we may lock it until such time that the matter can be resolved.

You are solely responsible for configuring and implementing security controls to properly safeguard and secure your account and all your Member Content, examples of which are but are not limited to 1) using and continuing to use Multi-Factor Authentication (if available) to securely log-in to your account, 2) not leaving your logged-in session unattended especially in public places, 3) not accessing your Account on public wi-fi networks without a secure VPN, 4) using different passwords for all Sites and platforms with which you have an account (do not recycle log-in credentials), and 5) not sharing your log-in credentials with anyone in any way.

You are not allowed to transfer or to sell your Account to another person or entity in any way. You are not allowed to use your Account for nefarious purposes.

Your Account is At-Will

You choose to register for and to create an Account at-will, and therefore you may discontinue use of our Sites and Services at any time you choose. Should you do any of this, since it is by your free will, you agree to indemnify us and to hold us harmless if any portion, part, component, or time duration of any of our Services you have paid for in advance remains unused or undelivered, except if we have explicitly given a promise of a prorated refund for such cases, or if required to by law.

6. Your Content

The main purpose of Visual Ancestor is to preserve, to showcase, and to make available ancestor photographs, postcards, and other related artifacts for current and future generations. With an Account, Visual Ancestor allows you to upload scans of photographs, postcards, and other related artifacts that are (1) in the Public Domain with no rights restrictions, and thus that are not subject to any existing copyright, or (2) that are under an existing copyright that is owned and controlled entirely by you, or (3) that are under an existing copyright but you have been given express permission by the copyright owner to upload the content to Visual Ancestor.

Roles

In every circumstance and in all situations, Visual Ancestor is acting as a “Data Processor” and “Service Provider” to you, and you are either a “User” of Visual Ancestor if you have not created an Account, or a “Member” of Visual Ancestor if you have created an Account either as an individual person or an authorized representative of an organization. Only Members can upload content to Visual Ancestor.

Member Content

Any and all content, whether an image or text, whether inputted by you manually such as typed text or uploaded as a file, that you create, upload, submit, post, display, share, store, communicate, transfer, or otherwise make available on, through, or by means of our Sites and Services, including all Intellectual Property Rights related thereof, is collectively referred to as your “Member Content.” To the maximum extent permitted by law, you agree to be fully responsible for your Member Content and its compliance with these Terms. You agree not to use any of our Sites and Services for Member Content that does not comply with these Terms; our Acceptable Use Policy contained herein; and any applicable laws, rules, and regulations. You also agree to indemnify us and to hold us harmless for any and all consequences resulting from your use of our Sites and Services and your Member Content.

Member Content can be public, private but accessible with a private passcode, or totally private (only accessible by you the Member who uploaded it). This is determined by you whenever you create a Group or upload Member Content into a Group.

You agree and give express permission that Visual Ancestor can permanently archive, add, combine, catalog, save, reproduce, and publish your public Member Content that is in the Public Domain together with all other public Member Content in the Public Domain, together with all content that Visual Ancestor owns that is also in the Public Domain, without any further notice or permission and without any expectation of compensation, payment, or other remuneration. The sum of all public Member Content that is in the Public Domain together with all content that Visual Ancestor owns that is also in the Public Domain is referred to herein as Visual Ancestor’s “Library Holdings.”

You agree and give express permission that Visual Ancestor may scan using AI powered Facial Recognition each and every photograph, postcard, or other related artifact you upload to any of our Sites for the purpose of extracting face data therefrom to be saved in and added to our database of faces. This furthers our mission of enabling our Users and Members to potentially identify their ancestors using face comparisons from all other faces in our database.

Since the main purpose of Visual Ancestor is to preserve, to showcase, and to make available ancestor photographs for current and future generations, you agree and give express permission that any other User or Member of Visual Ancestor may and is allowed by you to browse, to access, to receive, to download or to obtain by other means, and to use your public Member Content that is in the Public Domain. If your Member Content that is in the Public Domain is private but is accessible using a private passcode that you have set, you agree and give express permission that those Users and Members who know and have said private passcode may and are allowed by you to browse, to access, to receive, to download or to obtain by other means, and to use the Member Content that is in the Public Domain that is accessible by said private passcode.

YOU ACKNOWLEDGE AND AGREE TO ONLY UPLOAD MEMBER CONTENT THAT IS EITHER (1) IN THE PUBLIC DOMAIN WITH NO RIGHTS RESTRICTIONS, AND THUS THAT ARE NOT SUBJECT TO ANY EXISTING COPYRIGHT, OR (2) THAT IS UNDER AN EXISTING COPYRIGHT THAT IS OWNED AND CONTROLLED ENTIRELY BY YOU, OR (3) THAT IS UNDER AN EXISTING COPYRIGHT BUT YOU HAVE BEEN GIVEN EXPRESS PERMISSION BY THE COPYRIGHT OWNER TO UPLOAD THE CONTENT TO VISUAL ANCESTOR.

YOU FURTHER ACKNOWLEDGE AND AGREE (1) NOT TO UPLOAD FOR PUBLIC ACCESSIBILITY ANY MEMBER CONTENT THAT CONTAINS ANY INFORMATION ABOUT ANY LIVING PERSON, (2) NEVER TO INCLUDE IN ANY MEMBER CONTENT ANY INFORMATION THAT WOULD BE CONSIDERED PRIVATE, SENSITIVE, OR PERSONALLY IDENTIFIABLE TO ANY LIVING PERSON EVEN IF IT IS KEPT PRIVATE, AND (3) TO LIMIT YOUR PUBLICLY ACCESSIBLE MEMBER CONTENT TO PHOTOGRAPHS, POSTCARDS, AND OTHER RELATED ARTIFACTS CREATED IN OR BEFORE THE YEAR 1940 OR THAT YOU BELIEVE WAS CREATED IN OR BEFORE THE YEAR 1940.

You acknowledge and agree that if you are responsible for, the direct cause of, or the indirect cause of a data breach involving your Member Content that contains private, sensitive, or personally identifiable information, which as aforementioned are not allowed on our Sites and Services, you are solely responsible for providing any applicable notice to any person or entity affected in any way by the data breach, and that you will cooperate with any authority conducting any investigation under any applicable data breach statute or related law. You acknowledge and agree that you are solely responsible for any losses, personal injury, or property damage to any person or entity arising from or relating to your Member Content if it, in violation of these Terms, does include private, sensitive, or personally identifiable information and has been involved in a data breach.

More on Roles: Visual Ancestor as “Data Processor” and “Service Provider”

You acknowledge and agree that you are directly responsible for your Member Content and the information about any person (such as any ancestor) you instruct Visual Ancestor to process, to host, and to display when you use our Sites and Services. Visual Ancestor is not a data controller of your information, but our role is limited to those of “Data Processor” and “Service Provider.” To the extent Visual Ancestor receives a request from a User or Member about your Member Content that they claim infringes upon their rights or has legal authority to demand it be taken down and removed, you hereby authorize us to do so expeditiously on your behalf with or without any notice. Likewise, if we become aware that any of your Member Content violates these Terms or any laws, rules, or regulations, you also authorize us to take down and to remove said Member Content expeditiously on your behalf with or without any notice.

Intellectual Property Rights

In every circumstance and in all situations, “Intellectual Property Rights” means all legal and valid rights of ownership including but not limited to patents, copyrights, moral rights, rights of publicity, trademarks, trade dress, service marks, goodwill, trade secrets, licenses, authorizations, approvals, permissions, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

You represent and warrant that all your Member Content (1) is in the public domain with no rights restrictions, and thus is not subject to any existing copyright, or (2) that it is under an existing copyright that is owned and controlled entirely by you, or (3) that it is under an existing copyright but you have been given express permission by the copyright owner to upload the content to Visual Ancestor; and that you have rights to use, to modify, to display privately or publicly, to electronically copy and to make multiple electronic copies of, to transfer to another Visual Ancestor Member, and even the right to dispose of your Member Content in the way and in the manner you choose. You additionally represent and warrant that:

·         Exercising your ability to upload and to make available your Member Content to other Visual Ancestor Users and Members in no way interferes with, infringes upon, misappropriates, or otherwise violates the Intellectual Property Rights of others or any third party.

·         Exercising your ability to upload and to make available your Member Content to other Visual Ancestor Users and Members in no way interferes with or infringes upon any contract, obligation, pledge, promise, or understanding into which you have entered in the past, that is in effect at present, and that may exist in the future to keep your Member Content unique, electronically uncopied, and not shared with to others.

·         Should you discover in the future that your Member Content is protected by Intellectual Property Rights that are in full force and effect, you shall remove and delete affected Member Content from our Sites and Services in the most expeditious manner possible.

Deleting Member Content

When you delete Member Content, you acknowledge that it undergoes a “soft” delete meaning it is marked as deleted in our database and is removed from appearing anywhere on our Sites and Services, but it remains intact behind-the-scenes. This is to prevent you from permanently and irretrievably deleting content from your Account by accident. If you delete Member Content by accident, or in the future wish to undelete Member Content, you may submit a Technical Support request electronically on our Sites, namely at https://www.visualancestor.com/utilities/issue/TS. On the other hand, if you wish to “hard” delete your Member Content, meaning delete it permanently from our database, you may submit a Technical Support request requesting such from us.

You may delete your Member Content from Visual Ancestor at any time; however, you explicitly acknowledge and concede that doing so after said Member Content has been published and made available, and thus possibly has been copied or downloaded by another Visual Ancestor User or Member, will not guarantee that it is removed from use. It is therefore possible that other Visual Ancestor Users or Member who have copied or downloaded it prior to you deleting it may themselves upload it into their own Member Content.

This illustrates the peculiar nature of Public Domain content with no rights restrictions, which you represent and warrant you understand. You acknowledge and agree that if you upload Public Domain content with no rights restrictions to your Account, thereby becoming part of your Member Content, this provides no right or expectation of exclusive control over said content should other Visual Ancestor Users or Members decide to copy, to download, or to use it for themselves. You further acknowledge and agree that, since this is the case, uploading Public Domain content with no rights restrictions to your Account shall be construed to mean that you give permission for said content to be copied, downloaded, or used by any other Visual Ancestor User or Member, or by us.

You accept and agree that, within Visual Ancestor’s sole judgement, if any of your Member Content (1) breaches these Terms including but not limited to the Acceptable Use Policy and the Code of Conduct contained below in the “Your Responsibilities” section of these Terms; or (2) causes or may cause harm to Visual Ancestor, our Users and Members, or any affiliated third parties, we reserve the right to limit, to delete, or otherwise to disable some or all such Member Content. We will use reasonable efforts to notify you prior to taking any such action unless we have valid reason to believe that doing so (a) would violate the law or the direction of a legal enforcement authority, or (b) would risk legal liability for Visual Ancestor, or (c) would compromise the integrity or operation of our Sites and Services, or (d) would cause harm to any Member, to any affiliated third party, or to Visual Ancestor.

Visual Ancestor respects the Intellectual Property Rights of others and expects and requires our Members to do the same. If you believe, in good faith, that any Member Content or any other material provided on or in connection with our Sites and Services infringe upon a valid copyright, trademark, or other Intellectual Property Right, Visual Ancestor provides a few ways you can use to let us know. First, you can report the content by clicking on any report link that generally is included in any Echo, Shout, or Virtual Legacy. Second, you can open a technical support ticket following the “Technical Support” link at the bottom of each page. Third, you can open a contact request following the “Contact” link at the bottom of each page. Fourth, you can email us at support@visualancestor.com and we will investigate.

Visual Ancestor’s Intellectual Property Rights

Trident Analytics, Inc., the owner and operator of Visual Ancestor with Visual Ancestor serving as a tradename, is the exclusive owner under every circumstance of all Intellectual Property Rights it is legally entitled to, with all rights reserved, and in no way do these Terms our your Agreement to them transfer to you any Intellectual Property Rights belonging thereto.  All rights to, titles for, and interest in such property solely and exclusively remain with and belong to Visual Ancestor.  All trademarks, service marks, graphics, logos, patents, and copyrights used in connection with our Sites and Services belong to Visual Ancestor with all rights reserved.  Other trademarks, service marks, graphics, logos, patents, and copyrights used in connection with our Sites and Services may be the property of third-party licensors. Using our Sites and Services does not grant or transfer to you any Visual Ancestor or third-party Intellectual Property Rights. See the Section entitled “What We Own” for more terms regarding Visual Ancestor’s Intellectual Property Rights.

Rights You Retain

Visual Ancestor respects the Intellectual Property Rights of its Members.  In the same way in which we reserve and protect our Intellectual Property Rights, Visual Ancestor in no way makes any claim to the rights of ownership, patents, copyrights, moral rights, rights of publicity, trademarks, trade dress and service marks, goodwill, trade secrets and other intellectual property rights of our members and those that apply to your Member Content. When you use any of our Sites and Services, you retain ownership of and reserve for yourself all Intellectual Property Rights to the Member Content that you rightfully have ownership of.

Rights You Grant

You understand and furthermore you acknowledge that our Sites and Services consisting of a public library of ancestor photographs from 1840 to 1940 is designed and intended:

1.       to enable you to search through vast amounts of antiquated photographic content in search for content that is of interest to you, including the use of AI-powered Facial Recognition,

2.       to enable you to archive your own ancestor photographs, postcards, or other related artifacts (i.e. Member Content) either (1) that are in the Public Domain or (2) that you own the rights to, to become a part of Visual Ancestor so that other Users and Members may include them in their searches, including the application of AI-powered Facial Recognition,

3.       to enable you to archive private Member Content to (1) remain private forever, or (2) be subject to a private passcode that governs access thereto, which you set, or (3) to become public at a future date that you set,

4.       to enable Visual Ancestor Users and Members of current and future generations to potentially find your public Member Content that is in the Public Domain and to use them accordingly, which includes but is not limited to copying and downloading them,

5.       to enable Visual Ancestor Users and Members of current and future generations to potentially find your public Member Content that is not in the Public Domain but that you own the rights to, and to use them in accord with whatever licensing you choose,

6.       to enable Visual Ancestor use of your Member Content at least to the extent as our Users and Members, but also to include the production of revenue by offering services for a fee that use your public Member Content that is in the Public Domain.

You accept and agree to grant all necessary rights and permissions to Visual Ancestor and to our other Users and Members to use your Member Content that is either (1) public and in the Public Domain, or (2) public and not in the Public Domain but you own the rights to, to include but be not limited to the above list of six (6) specific uses.

Copyright Infringement

Visual Ancestor respects the Intellectual Property of others. We will respond to notices of alleged copyright infringement that comply with applicable law. If you or anyone using our Sites and Services believe, in good faith, that any materials provided on or in connection with our Sites and Services infringe a copyright or violates protected Intellectual Property rights belonging to another person, entity, or you, you may submit a request for removal of those materials (referred to herein as a “Takedown Request”) in accordance with The Digital Millennium Copyright Act (DCMA) of 1998 and we will review the materials at once. You may submit your Takedown Notice on any of our Sites, most notably at https://www.visualancestor.com/utilities/issue/TR; or in writing to Visual Ancestor, P.O. Box 14, Somerset, MA  02726; or you may email it to: curator@visualancestor.com

Or you may submit a technical support request at https://www.visualancestor.com/utilities/issue/TS and describe the issue as “Copyright Takedown Request” providing all the information about the violation as you can. A technical support request is not an actual Takedown Request, but if you contact us in this way we will correspond with you to obtain the information we need.

A Takedown Request should include at a minimum:

·         Your name,

·         Your contact information (address, telephone number, and email address),

·         The identification and description of the content including the URL,

·         Reason for the Takedown Request (e.g. rights violation, displaying information on a living person, or Member did not have permission to upload content to Visual Ancestor),

·         A declaration that you are the rights holder of the content and the nature of the rights that are being infringed upon (e.g. content is subject to a valid U.S. copyright that is in full force and effect), or a declaration that you are the owner of the content and why you are requesting it be taken down (e.g. the Member did not have permission to upload content to Visual Ancestor)

·         A clear and explicit request for us to expeditiously remove or disable access to the content.

An acceptable example of an official Takedown Request can be found at:  https://library.georgetown.edu/copyright/dmca-takedown and is able to be used under a Creative Commons License.

Please be aware that if you knowingly misrepresent a Takedown Request, including but not limited to knowing the content does not infringe upon a copyright, you may be liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that your Member Content was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting a written notification pursuant to the DMCA. The Counter Notice should include the following:

·         Your name,

·         Your contact information (address, telephone number, and email address),

·         Identification of the Member Content that has been removed or to which access has been disabled and the location at which the Member Content appeared before it was removed or disabled,

·         The statement: "I swear [or affirm], under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification with other content that should have been removed or disabled instead."

·         A statement that you will consent to the jurisdiction of the Federal court of the Boston District of Massachusetts and that you will accept service of process from the person or an agent of the person who provided the original complaint and Takedown Request at issue.

·         Your physical or electronic signature or that of a person authorized to act on your behalf.

Please be aware that if you knowingly misrepresent that content was removed or disabled by mistake or misidentification, when you know it was not, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

7. Your Responsibilities

Compliance with Applicable Law

You represent and warrant that your use of our Sites and Services, including any Member Content you create, upload, submit, post, display, store, communicate, transfer, or otherwise make available on or via any of our Sites and Services, shall comply with all applicable laws, rules, and regulations, including without limitation to applicable privacy and data protection laws and applicable export or import controls, regulations, and sanctions. You may have additional obligations under local law other than those described in these Terms, particularly if you are located outside of the United States. Such obligations may be more restrictive than these Terms. Use of our Sites and Services does not ensure compliance with such laws, and you acknowledge and agree that Visual Ancestor is not responsible for your compliance with such laws. You acknowledge and agree that compliance with local law that is more restrictive than these Terms is your sole responsibility.

Acceptable Use Policy

Our mission is to preserve, to showcase, and to make available ancestor photographs for current and future generations, and our Sites and Services are designed to give you a way to also do the same with your ancestor photographs, postcards, and other related artifacts. You represent and warrant that your use of our Sites and Services including any posts, messages, communications, and your Member Content shall comply with all the following provisions which are collectively called our “Acceptable Use Policy.”

• You shall use Visual Ancestor’s Sites and Services in strict accordance with these Terms;
• You shall comply with all applicable laws and regulations including but not limited to those regarding acceptable online conduct and appropriate use, personal privacy, data protection, transmission of technical data exported from the United States or the country in which you reside, notification and consumer protection, unfair competition, and false advertising;
• You shall not (1) use Visual Ancestor’s Sites and Services for any unlawful purposes; (2) to upload, store, create, post, distribute, transmit, or publish illegal content; or (3) use Visual Ancestor’s Sites and Services in furtherance of illegal activities;
• You shall not infringe or misappropriate the Intellectual Property Rights of Visual Ancestor, other Visual Ancestor Members, other Users of our Sites and Services, or any third party;
• You shall not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• You shall not disclose the personal information of any other living person, and the only information you can disclose about any deceased person is that pertaining to publicly appropriate family history and genealogy such as but not limited to birth, marriage, and death dates and places; names; parentage and children information; and appearance in photographs, postcards, or in other related artifacts.
• You shall not send spam or bulk unsolicited messages to other Visual Ancestor Members;
• You shall not interfere with, disrupt, or attack any of our Sites and Services, our network, or our other technical infrastructure;
• You shall not upload, store, create, post, distribute, transmit, publish, or enable material that is, facilitates, or operates in conjunction with viruses, malware, spyware, adware, ransomware, or other malicious programs or code;

·         You shall not manipulate, degrade, attack, hack, or disrupt any of Visual Ancestor’s Sites and Services;

·         You shall not attempt to avoid, circumvent, or overcome any of our privacy or security safeguards;

• You shall not modify or attempt to modify any of Visual Ancestor’s Sites and Services in any way that violates their purpose and intent as documented within these Terms, or any of Visual Ancestor’s internal and external technical specifications whether or not they have been made publicly accessible;

·         You shall not reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for or attempt to discover the inner workings of any of Visual Ancestor’s Sites and Services, or any related technology that is not Open Source;

• You shall not rent, lease, loan, sell, resell, pledge, trade, or engage in any type of commerce with any of Visual Ancestor’s Sites and Services or any related data contained thereon or therein without our explicit and written consent, excluding your own Member Content that is for sale;
• You shall not sublicense any of Visual Ancestor’s Sites and Services;
• You shall not rent, lease, loan, sell, resell, pledge, trade, or engage in any type of commerce for your Visual Ancestor Account nor shall you give it away to another person, organization, third-party, or entity;
• You shall not rent, lease, loan, sell, resell, pledge, trade, or engage in any type of commerce with your Member Content or transfer it to another person or organization in a way that is different than the way or ways our Services normally provide.

While Visual Ancestor in general does not peruse private Member Content without reason, we make no representations of being a private and secure data storage provider. By uploading Member Content and setting its access to “private,” you acknowledge and agree that Visual Ancestor may inspect such Member Content at will. Reasons why we may peruse private Member Content may include but are not limited to ensuring our Sites and Services are working correctly, repairing bugs and issues, assisting you with issues you may report, responding to a legal order from any governing jurisdiction, and determining any potential violations of this Acceptable Use Policy and these Terms.

Furthermore, technical issues and mistakes may happen (e.g. “bugs”).  While we try to make sure our Sites and Services work correctly, Visual Ancestor is limited in scope to being an online library of ancestor photographs from 1840 to 1940, which can include postcards and other related artifacts. Content is intended to be innocuous, non-controversial, and non-sensitive in nature. You acknowledge and agree to refrain from uploading Member Content that is truly private and that is controversial or sensitive in nature, and to only upload Member Content that conforms to these Terms and the general nature and mission of Visual Ancestor.

Code of Conduct

You acknowledge and agree that your use of our Sites and Services, including any posts, messages, communications, creations, and all your Member Content shall comply with all the following provisions which are collectively called our “Code of Conduct.”

• You shall not use Visual Ancestor’s Sites and Services in any way to create and store Member Content that is truly private, controversial, or sensitive in nature regardless of the access setting you set. Visual Ancestor is not a private and secure data storage provider, and while setting Member Content to “private” is a nice feature, you shall not rely on it to truly keep such Member Content private;
• You shall not use Visual Ancestor’s Sites and Services in any way to demean, disparage, disrespect, harm, hurt, injure, harass, slander, or seek revenge or retribution against any person or persons whatsoever including but not limited to any officer, employee, contractor, third-party, or any other agent of Visual Ancestor; any User or Member of Visual Ancestor; and any public or notable persons; if you cannot use Visual Ancestor’s Sites and Services to benefit and bless people, do not use them at all;
• You shall not use Visual Ancestor’s Sites and Services in any way to upload, store, create, post, distribute, transmit, or publish information that you know is false, fallacious, or inflammatory if the sole purpose of such use is to further spread and propagate said content;
• You shall not use Visual Ancestor’s Sites and Services in any way to upload, store, create, post, distribute, transmit, or publish any content that is obscene, lude, flagrantly objectionable, pornographic, illegal, or what would otherwise violate the community standards of the community in which you live;
• You shall not use Visual Ancestor’s Sites and Services in any way to exploit, extort, blackmail, coerce, bully, sexually harass, enslave, or traffic any person or persons whatsoever; nor shall you use Visual Ancestor’s Sites and Services to disclose damaging information on another person or persons; Visual Ancestor has zero tolerance for any conduct or Member Content that even encroaches upon such behaviors, and will report to and cooperate with any law enforcement agency that has jurisdiction over such matters;
• You shall not use Visual Ancestor’s Sites and Services in any way to purposefully communicate or share Member Content with any minor person or persons under the age of sixteen (16) years-old, the minimum age a person must be in order to use our Sites and Services.

If within the sole judgment of Visual Ancestor we determine you violate or have violated this Acceptable Use Policy or this Code of Conduct, or any other provision or section of these Terms, especially any serious conditions located therein, we reserve the right to suspend or to permanently terminate your access to our Sites and Services immediately and without notice; to report your Member Content to any appropriate governing authority if within the sold judgement of Visual Ancestor it is perceived to violate the law; to permanently delete your Member Content; and to suspend or to permanently delete your Account regardless if you have or have not paid in advance for any of our Services. Furthermore, you agree to indemnify us and to hold us harmless of any repercussions and consequences thereof; to your Account; to your Member Content; and to whatever part, component, or time duration of our Services is outstanding for which you have paid in advance.

If Visual Ancestor has issued you a warning regarding your violation of this Acceptable Use Policy or this Code of Conduct, or any other provision or section of these Terms, in which we demanded you cease and desist from such violation, and if you are perceived to have continued or do continue in your violation, Visual Ancestor reserves the right to take the same action as above regardless of the issuance of any past warning. The issue of a past warning does not bind us to issue another warning for repeat violations and we reserve the right to take more severe action in response to repeat infringement. Visual Ancestor within its sole judgment reserves the right to determine which violations are minor enough to warrant a warning and which are severe enough to warrant Account termination. You acknowledge and agree that what Visual Ancestor judges or determines in this regard in one circumstance has no bearing on any other related or separate circumstance.

8. Third-Party Services and E-Commerce

Visual Ancestor uses and relies upon various third-party services for the correct and proper operation of our Sites and Services. These third-party services may require User and Member data to operate properly, and you explicitly agree and give consent that we may provide in a safe and secure manner, following industry-accepted standards of encryption, the minimum but necessary amount of your User and Member data to our third-party service providers in order that our Sites and Services can function properly. The following describes by example some situations in which Member data must be provided to our third-party service providers but is by no means exhaustive, and your agreement and consent shall be construed to equally apply to all our third-party service providers and Member Content that is not included in the following examples.

Visual Ancestor uses a Text Message provider to send Text Messages to your electronic device, most likely your phone, used for Multi-Factor Authentication when you perform sensitive actions upon your account such as but not limited to logging-in and changing your email or phone number. Twilio is a Visual Ancestor third-party service provider, and for them to send Text Messages to you, we must transmit to them your phone number along with the message.

Visual Ancestor uses an email provider to send emails to our Members. Our email provider is a Visual Ancestor third-party service provider, and for them to send emails to you, we must transmit to them your email address along with the message.

Visual Ancestor uses Amazon Web Services (“AWS”) for much of the technical infrastructure of our Sites and Services including but not limited to database functions and data storage. We specifically chose to do business with AWS because of their industry-leading work to provide safe and reliable technical infrastructure. AWS is therefore a Visual Ancestor third-party service provider who houses our Member Data and Member Content.

Visual Ancestor uses Google Analytics for the purpose of knowing basic and industry-standard statistics about the general use of our Sites and Services. We send a unique session ID to Google Analytics, and they provide reports that show us which of our Site pages (i.e. webpages) are frequently visited, which are rarely visited, and which are clicked through to another. This helps us optimize our Sites for ever increasing ease of use, providing continually increasing value to our Members.

E-Commerce

Visual Ancestor uses and relies upon PayPal Holdings, Inc. (referred to herein as “PayPal”) to enable and to facilitate our e-commerce operations. PayPal is therefore a Visual Ancestor third-party service provider. Enabling and facilitating financial transactions is an enormously complicated task fraught with compliance issues that run the gamut from security to reporting to complying with Federal and State financial regulations. PayPal handles all aspects of our e-commerce including but not limited to our point-of-sale when you are asked to log-in to your PayPal account to select your method of payment (or when you’re asked to input credit card information), through payment processing, to receiving transaction confirmation.

Visual Ancestor has no access to any data you send to PayPal such as but not limited to your identity, your PayPal credentials and PayPal log-in session, and your credit card information. When you use PayPal, PayPal provides a pop-up window that in whole belongs to PayPal and is not part of Visual Ancestor’s Sites and Services in any way. When you use PayPal’s pop-up window to use PayPal’s functionality, even though we provide the buttons to initiate it, you understand that you are exiting Visual Ancestor’s Sites and Services and entering PayPal’s Sites and Services.

To the extent you use PayPal’s technical infrastructure, you explicitly agree to indemnify us and hold us harmless of all repercussions from your use of PayPal’s technical infrastructure even though we rely upon PayPal as our e-commerce third-party service provider, and even though we provide the buttons to you for you to initiate PayPal’s technical infrastructure. Visual Ancestor makes no representations or warrantees for the complete, secure, and successful operation of PayPal’s technical infrastructure. Visual Ancestor will of course do everything we can to provide our own customer service, and to work with you to resolve problems that may occur, but you agree to primarily take up with PayPal any issues that pertain to PayPal and the services they render, understanding that Visual Ancestor will act solely in a supportive role.

Sales and Use Tax

Visual Ancestor will make every effort to collect on your behalf any sales taxes that we have reason to believe you owe from your purchases from us or from other Members by adding it to the subtotal of your purchases. Visual Ancestor does not charge for your Account, does not charge for use of our Sites and Platforms, does not charge for data storage, and does not charge for use of our software operating on our Sites. We also do not charge for any of our Services that we offer for free. Our charges are limited to the specific items and Services we or other Members offer at cost, which are clearly labeled as such.

The Commonwealth of Massachusetts exempts most of Visual Ancestor’s Services from the assessment and collection of sales tax, as documented in 830 CMR 64H.1.3 (9), which covers the processing of data furnished by customers, and Letter Ruling 12-8 dated November 8, 2013, which covers cloud computing services and data storage. The State of Rhode Island, our close neighbor and adjacent jurisdiction, does as well as documented in Ruling Request No. 2017-02.

If Visual Ancestor does not collect sales tax from you, it means either that (1) the Service you are purchasing is exempt from the collection of sales tax according to the jurisdiction of your billing address, or (2) we have not achieved physical or economic nexus in your jurisdiction. Visual Ancestor continually monitors for compliance to physical and economic nexus requirements, and as soon as we achieve any nexus requirement that obligates us to collect sales tax from you and remit it to the jurisdiction of your address, you will see sales taxes appearing on our transactions.

9. What We Own

Visual Ancestor Intellectual Property (“IP”)

All content and material on or inherent to our Sites and Services including but not limited to the website or websites on which our Services are accessible and hosted, our Services themselves, text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork, applications, computer code and associated documentation, design, structure, organization, arrangement, content, and the general “look and feel” of our Sites and Services (collectively referred to herein as “Visual Ancestor IP”) and all Intellectual Property Rights contained therein or related thereto is wholly and exclusively owned by Trident Analytics, Inc. and Visual Ancestor, and are protected by copyright, trademark, or other Intellectual Property Rights and laws.

Other than as provided in these Terms, Visual Ancestor does not grant to you or any other User or Member of our Sites and Services any license, express or implied, to Visual Ancestor IP. Except as expressly provided in these Terms, no part of our Sites and Services or Visual Ancestor IP may be copied, reproduced, stored in any data storage device, scraped, sold, republished, transmitted, displayed, reposted, or otherwise distributed for private, public, or commercial purposes except for commercial search engines that we may be listed thereon. Subject to the terms and conditions of these Terms, Visual Ancestor provides you with a non-exclusive, revocable license to use our Sites and Services as expressly permitted by the features and functionality thereof and the terms of this Agreement. Visual Ancestor may terminate this license at any time for any or no reason.

Visual Ancestor’s Trademarks and Their Use

Trident Analytics, Inc. and Visual Ancestor own, manage, and oversee the trademarks and trademark applications for the Visual Ancestor name (“Visual Ancestor”), slogans and mottos, logos, and other words and pithy phrases used to label and to differentiate our Services.

You acknowledge and agree:

·         to obtain written permission from us to use any of our trademarked names, slogans or mottos, logos, or phrases as part of any private or public publication, project, research paper, article, blog, post, social media write-up, product, or service except as otherwise allowed by law or what is generally allowable under fair academic or journalistic practices,

·         to obtain written permission from us to use any of our trademarked names, slogans or mottos, logos, or phrases as part of any company name, product or service name, brand name, domain name or packaging,

·         to obtain written permission from us to mention Visual Ancestor in a way, whether written or oral, whether public or private, that communicates or conveys actual or implied relationship with, partnership with, affiliation with, approval of, disapproval of, affirmation of, denouncement of, endorsement of, or criticism of (1) you or your organization; (2) any other person or organization; (3) any other site, platform, product, or service; (4) any social media account, platform, blog, or channel; (5) any historical, cultural, social, or political cause or movement; (6) any event, holiday, or special occasion; or (7) any hobby, business, or venture.

Written requests for permission to use Visual Ancestor’s trademarks including adequate narrative explaining the context of such use can be sent to: Visual Ancestor, Inc., P.O. Box 14, Somerset, MA  02726 or may be emailed to: curator@visualancestor.com.

10. Our Rights

We reserve all our rights, whether or not expressed or referenced in these Terms or whether they exist without mention herein, which we may exercise at any time and in our sole discretion, and without liability or notice to you except where prohibited by applicable law. We may (a) change, alter, and enhance our Sites and Services and their functionality, in part or in whole; (b) suspend or discontinue our Sites and Services, in part or in whole; (c) terminate, suspend, restrict or disable your access to or use of our Sites and Services, in part or in whole; (d) terminate, suspend, restrict or disable access to your Account and your Member Content, in part or in whole; and (e) change our eligibility criteria to use our Sites and Services (and if such changes to our eligibility criteria are prohibited by law in your jurisdiction, we may revoke your ability to use our Sites and Services in that jurisdiction).

11. Our Services

Visual Ancestor offers to you, the general public (Users), and our Members a suite of Services usable and accessible through our Sites, intended to operate as part of our Sites and not as any stand-alone, downloadable, and installable component that resides on your computer or electronic device. Therefore, your continued use of our Services, whether offered for free or purchased by you, is contingent upon your continued ability to access our Sites, which also by logical extension requires you to continue to have access to a computer or other electronic device and to continue to have Internet service with which to reach our Sites. Visual Ancestor does not provide any means through which you can access our Services apart from our existing Sites, which as of this version of these Terms, consist of our website (www.visualancestor.com) which hosts our web app.

Visual Ancestor relies upon third-parties for the technology to host our Sites and to keep them in a state of accessibility and operability. Visual Ancestor also undergoes its own due diligence to try to keep our Sites and Services in a state of accessibility and operability. However, there are times and circumstances that our Sites and Services may experience interruptions in accessibility and operability (referred to herein as “Downtime”) for reasons including but not limited to power losses, natural disasters, national emergencies, Internet outages, technical failures, bugs in our code, or human errors. You acknowledge and agree to indemnify us and to hold us harmless for any and all Downtime, and for any and all losses resulting therefrom, since Downtime is a normal part of our shared technological landscape.

12. Billing and Payment

When making payment for any Visual Ancestors Service you have purchased or agreed to purchase, you are required to provide your credit card details to any Payment Service Provider retained by us (referred to herein as “PSP”) to process your payment, an example of one we currently use is PayPal Holdings, Inc. (referred to herein as “PayPal”). When you make a purchase, you agree to pay all applicable costs and fees related to your purchase of any of our Services (referred to herein as “Fees”). This not only includes purchases performed on any of our Sites but also includes, if applicable, purchases made in conjunction with an in-person event, workshop, working session, group demonstration, trade show, or conference.

You are solely responsible for all federal, state, provincial, and local taxes levied upon and added to your purchase or purchases, including but not limited to sales, use, VAT, or similar taxes (referred to herein as “Taxes”) imposed on or added to the Fees paid for any one or more of our Services, unless you provide Visual Ancestor with a valid tax exemption certificate. You may mail an electronic copy of a valid tax exemption certificate to: Visual Ancestor, P.O. Box 14, Somerset, MA 02726; or you may email a copy to:  curator@visualancestor.com. All Taxes owed and payable by you will be separately stated and exclusive of the Fees.

Visual Ancestor may be required to act as collector and remitter of Taxes on your behalf. When this is the case, you agree that Visual Ancestor will add to your total Fees the clearly labeled and identified Taxes you owe for whatever purchase or purchases you are making, on the transaction that is at hand, and you agree to pay those Taxes in addition to the Fees at the time the transaction is authorized by you and processed by our PSP. We will then collect and forward to the jurisdiction that has taxing authority over your purchases, on your behalf. Notwithstanding the foregoing, you have no liability for taxes that are statutorily imposed on Visual Ancestor, including any tax that is Visual Ancestor’s responsibility based upon our operations. You also have no liability for Taxes for any Services statutorily exempt from Taxes.

When you make a purchase, you agree to provide your current and correct billing address or to confirm your previously submitted still-current and still-correct billing address, which is used for billing purposes and to determine Taxes you owe for whatever purchase or purchases you are making. Usually this is based on the state or province, and postal code, of your billing address. Free accounts are not required to submit billing or payment information. You are required to have an Account and to be a Member in good standing to make a purchase from us.

Services billed and paid for on an on-going basis in cycles (for example, monthly subscriptions billed and paid for in monthly cycles), in contrast to Services paid for on a one-time up-front basis, are billed and paid for in advance of the time period to which the bill and payment pertain (the “Cycle”). Although a Service like this may be cancelled according to any specific refund policy that applies, payments already made to pay for the current cycle are non-refundable and you agree no prorated refund shall be due for it. However, you will continue to receive the benefit of that Service until the expiration of the current Cycle. You acknowledge and agree to no refunds for Services you have used or consumed, unless provided for by a specific refund policy that applies.

We reserve the right at any time at our sole discretion to change our Fees for our Services, including but not limited to adding or instituting new Fees or changing the price structure in which our Services are offered (“Changes”). You agree that any such Changes are satisfactorily communicated to you prior to those Changes going into effect by (1) having been either published on our Sites, (2) having been disclosed to you in an email notice, or (3) having been disclosed to you in the mailing of a hard-copy notice. Changes are in effect the moment they are published on our Sites as the then-current offer price, having replaced the previous prices that had been displayed, unless the publication clearly communicates a specific future effective date of the price change.

Return Policy

Visual Ancestor may offer a return policy at its discretion unless compelled to offer a specific one to you by law. If compelled by law, then Visual Ancestor’s return policy that is applicable to you is either that which is compelled by and defined by law, or another return policy we may offer that at least fulfills all legal requirements set by law, but which provides a larger and more generous benefit to the Member. The complete terms of any specific return policy offered by Visual Ancestor shall consist of the language that appears wherever a return policy is mentioned, accompanied by descriptive detail, and shall not consist of any additional provisions and terms not contained in that language unless additional provisions and terms are required by law.

13. Privacy and Cookie Policies

For Visual Ancestor’s Services to function according to their design, we have the legitimate business need to properly and securely collect, process, store, use, delete, and disclose (when appropriate and in specific cases that you configure and give consent to), collectively herein referred to as “Collect and Manage,” certain personal information and data from you including but not limited to data pertaining to your anonymous visits to our Sites; your use of our Sites and Services anonymously or as a logged-in Member; your identity as a registered Member; your Account settings; and your Member Content (collectively herein referred to as “Information”).

There is data we Collect and Manage directly as a first-party Service Provider, which is processed by us and stored in our encrypted and secure database, and there is data our third-party technologies Collect and Manage by means of cookies (for example, Google Analytics). These are two different ways your data may be Collected and Managed. The first part of our Privacy Policy contained directly below pertains to the former scenario: data we Collect and Manage directly as a first-party Service Provider. Our Cookie Policy then pertains to the latter: data our third-party technologies Collect and Manage by means of cookies (even though there is a small part of that which describes our first-party cookies).

These two scenarios are covered and treated separately, and so if directly below in our policy that describes how we Collect and Manage your data directly as a first-party Service Provider, we say that specific data is private and never shared with anyone outside of Visual Ancestor, that statement is true but only as it applies within the context of the data we Collect and Manage directly as a first-party Service Provider. If that same data happens to also be collected and managed by one of our third-party technologies, and that technology uses it because it is central to how it operates, the fact that we do not disclose that data does not relate to how the third-party technology manages that same data. Refer to both the privacy policy directly below and our Cookie Policy to gain a full understanding of how the totality of your data is collected and managed.

To make this point clear, consider the following use case example. Your IP address is collected and managed by us as your first-party Service Provider, and we never share it with anyone outside of Visual Ancestor. We use your IP address for account security purposes and store it securely in our encrypted database. However, we use Google Analytics to provide us with intelligence on who is using our Sites and Services and in what manner they are using them. We do this to make smart business decisions on how we manage Visual Ancestor. Google Analytics uses their own technology (programming code) and their own cookies to also collect your IP address. Even though they do not save the actual address because we have set our account settings with them to randomize IP addresses, they will determine roughly the geographic area your IP address represents so that we know in general where in the world our Members are located. In this scenario, both we and Google are independently collecting and managing the same data: your IP address.

In designing our Services, we have made deliberate efforts to minimize the Information we Collect and Manage from and for you, known in the industry as the “Minimum Necessary” rule. In addition, we have designed our Services to operate only on the Information that is necessary, and therefore if we do not have a legitimate business need to ask for certain Information, we do not. Operating both with a legitimate business need and using the minimum amount of Information that is necessary is how we honor our value that “Privacy Is Duty.”

Information We Collect and Manage That Is Always Private

The following is a full disclosure of all data elements and items we Collect and Manage from you when you anonymously visit any of our Sites as a Member but logged out of any Account, or as a member of the general public without an Account. This information is always kept private (never disclosed to anyone outside of Visual Ancestor and never disclosed to any other Visual Ancestor Member) and is used for the security of our Sites and Services as well as for our own general marketing purposes.

·         IP address

o    Your IP address is captured when you anonymously visit any of our Sites as a Member but logged out of any Account, or anonymously as a member of the general public without an Account. It is used to ensure the security of our Sites and Services and is never used for anything other than that. One typical use case of how we would use your IP address is to detect anyone attempting to log-in to multiple Accounts using the same IP address (an indication of a credential stuffing attack).

·         Referring website

o    If you navigate to Visual Ancestor from another website, the referring website is captured for both security and marketing purposes. The referring website is used for security purposes if someone else is caught attempting to launch an attack against our Sites and Services. An investigation may reveal information about them from the referring website. It is also used for marketing purposes to let us know which website may be due credit for referring you to any of our Sites.

·         If you arrived at any of our Sites by navigating from marketing material we made or authorized

o    There are special codes embedded in query parameters to the web address to any of our Sites used in our print and online advertisements. These codes give us indication of which advertisement you used to arrive at any of our Sites, and/or which venue you visited from which you navigated to any of our Sites, and/or which person referred you to any of our Sites, and/or which type of media you used to arrive at any of our Sites, and/or which type of promotion you are responding to.

The following is a full disclosure of all data elements and items we Collect and Manage from you when you register for an Account, or if you log-in to your existing Account anew, that are always kept private (never disclosed to anyone outside of Visual Ancestor and never disclosed to any other Visual Ancestor Member).

The following data elements must be collected from all Visual Ancestor Members and are used to operate your Account and, in the instance of your Account Email Address, to send you necessary notifications and, if your privacy settings permit, to send you other notifications and special promotions:

·         Username

o    Username is the name you use to log-in to your Account. It is a different data element than your display name, which is what all other Users and Members see and recognize you as. Your username initially sets your display name, and until you change your display name, your username and display name are the same. You cannot change your username, but you can change your display name at any time by editing your profile if you wish your display name to be different than your username.

o    Example: I may log in with my username “dougsmith48,” but everyone on Visual Ancestor recognizes me and sees me as my display name “burgerlover.” I may also use “burgerlover” in several other social media platforms, and therefore I am consistently able to be found.

·         First name

o    We collect first name to properly address you and to have a reasonable legal basis to know who you are. Your first name is always kept private and is never shared with anyone.

·         Last name

o    We collect last name to properly address you and to have a reasonable legal basis to know who you are. Your last name is always kept private and is never shared with anyone.

·         Account email address

o    We use your account email address to email you necessary notifications, other non-necessary notifications, marketing information, special offers, and other correspondence. Your account email address is always kept private and is never shared with anyone. You can display a public email address on your profile for other Visual Ancestor Members to see (see “Your public email” below), by editing your profile, but that is different than your account email address. We do not use your public email.

·         IP address used at registration, at each login, and at each major action when logged in

o    Your IP address is captured when you register for an Account, each time you log into your existing account, and each time you perform a major action when logged in. It is used for Account and Site security purposes and is never used for anything other than that. One typical use case of how we would use your IP address is to make sure you or whoever is attempting to log into your Account is not doing so from a large variety of different IP addresses than the one you typically use, which would raise a warning that a bad actor may be attempting to log into your account.

·         Referring website at registration and at each login

o    If you navigate to Visual Ancestor from another website, and either register for an Account or log-in to your existing Account, the referring website is captured for both security and marketing purposes. The referring website is used for security purposes if someone else is caught attempting to log-in to your account. An investigation may reveal information about them from the referring website. It is also used for marketing purposes to let us know which website may be due credit for referring you to our Sites.

·         Session key

o    Whenever you log-in to your existing Account, the framework our Sites are programmed in establishes a unique session key to create and to maintain your log-in session. That key is then written to a cookie on your computer or electronic device and is how your web browser communicates to our server for it to maintain an open and logged-in Account session. This way you do not have to log-in every time you visit a different webpage. Your session key is also used for security purposes in that if you attempt to log-in to your Account while there is an open Account session, it will force the open Account session to be logged out so that you do not have a forgotten logged-in Account session open on some computer or electronic device that has been left unattended.

We do not keep your password as clear text in our database, but rather we use a special mathematical construct called hashing to authenticate the password you use.

The following data elements are preferences available to all Visual Ancestor Members and are used to capture your account and email preferences. This information is always kept private (never disclosed to anyone outside of Visual Ancestor and never disclosed to any other Visual Ancestor Member).

·         Language preference

·         Cookie consent

o    Same cookie consent options that are available to the public upon visiting our homepage. Your cookie consent is captured at the time of Account registration from the consent you have given when you newly visited our homepage.

·         Others able to view your profile (Yes/No)

o    Setting that controls if other Visual Ancestor Members can view your profile.

·         Include profile on Members Page (Yes/No)

o    Setting that controls if your profile card is included on the Members Page.

·         Include profile in Public Directory (Yes/No)

o    Setting that controls if your profile can be listed in a public directory or findable in search.

·         Enable messaging (Yes/No)

o    Setting that controls if other Visual Ancestor can send you internal mail messages.

·         Allow emails in general (Yes/No)

o    Setting that acts as a master control determining if you are sent any non-necessary emails from Visual Ancestor, which overrides all other email settings. Note there is no way of preventing necessary emails needed for the operation of your account, such as resetting your password and changing your account email address.

·         Email if I get web mail (Yes/No)

o    Setting that controls if Visual Ancestor can email you a notification when you receive an internal mail message.

·         Email when others share my tags (Yes/No)

o    Setting that controls if Visual Ancestor can email you when another Member adds the same tag that you have.

·         Email any new collections (Yes/No)

o    Setting that controls if Visual Ancestor can email you a notification when new content has been added to the library, which occurs only a few times per year.

·         Email new collections that I match (Yes/No)

o    Setting that controls if Visual Ancestor can email you a notification when new content has been added to the library that matches any name and any location for which you have created tags.

The following are data elements that must be collected from all Visual Ancestor Members who wish to make a purchase, and to that end, are used for billing purposes and to determine if any sales tax is appropriate to add to purchases. This information is always kept private (never disclosed to anyone outside of Visual Ancestor and never disclosed to any other Visual Ancestor Member).

·         Address

o    Double-encrypted

·         Apartment or unit number (if applicable)

o    Double-encrypted

·         City

o    Double-encrypted

·         State or province

o    Double-encrypted

·         Postal code

o    Double-encrypted

·         Country

o    Double-encrypted

·         Billing phone number (called primary phone number for organizations)

o    Can be the same as or different than your phone number for Multi-Factor Authentication.

o    Double-encrypted

·         Other phone number (for organizations)

o    Double-encrypted

·         Contact name (for organizations)

o    Double-encrypted

Information We Collect and Manage That Is Always Public

The following is a full disclosure of all data elements we Collect and Manage from Members when you edit your profile. This information is designed to be public.

·         Display name

o    Initially defaults to your username but you can change it at any time after you create your account.

o    Display name is what everyone recognizes you as and can see. It is different from your username that you log-in with which is always private. Example: I may log in with my username “dougsmith48,” but everyone on Visual Ancestor recognizes me and sees me as my display name “burgerlover.” I may also use “burgerlover” in several other social media platforms, and therefore I am consistently able to be found.

·         Profile picture

o    You have the option to upload a custom profile picture.

·         Description

o    You have the option to write a brief description about you and your interests, to help other Visual Ancestor Members know more about you.

·         Narrative

o    You have the option to write a narrative to explain to other Visual Ancestor Members more about you or more about your Member Content.

·         Role on Visual Ancestor

o    The role you select for yourself is publicly displayed on your profile page.

·         Public Email Address

o    You can optionally set a public email address that will be visible to all other Visual Ancestor Members. This can be different from your account email address which we use to communicate with you. Visual Ancestor does not use your public email address for official account-related email notifications.

·         Social media and e-commerce links

o    You can optionally share social media and e-commerce links on your profile page to your social media accounts such as Facebook and Instagram and to your e-commerce platforms such as eBay and Etsy.

·         Tags

o    Tags are three ways you can network and collaborate with other Visual Ancestor Members. The three different types of tags are General Interest tags, Ancestor Surname tags, and Ancestor Location tags.

o    Tags you can optionally create are displayed on your profile page.

Data we Collect and Manage Concerning Member Content

When you upload Member Content (such as scans of photographs, postcards, and other related artifacts), you can also input information about them into our Sites in order to better document and archive the items, to better make them available to others, and to enable them to more readily respond to and show up in searches. We thus Collect and Manage that data which is all meant to be public. Examples of data we Collect and Manage concerning Member Content are but are not limited to your own transcriptions of any inscriptions imprinted on the Member Content, photographer information, date information, provenance information, and identities (names) of the persons featured in the Member Content.

Other Data We Create to Operate Your Account

There is other data we maintain about you that may degrade or harm our internal security measures if fully disclosed. This data more concerns necessary information we need to know to operate your account rather than anything about you personally, and therefore we do not disclose it publicly. Three examples that we can publicly disclose so that you have an idea of what kind of data this involves, are:

·         Number of times you have unsuccessfully attempted to log in to your account.

o    Used to lock your account if you exceed the maximum number of attempts.

·         Whether or not your account is locked.

o    Yes or no value.

·         Number of bytes of data storage you are using.

o    Used to determine if, at any point in the future, we need to adjust our business model if our Members begin to use an excessive amount.

BY ACCESSING AND USING VISUAL ANCESTOR’S SITES AND SERVICES IN A CONTINUAL MANNER WITHOUT AN ACCOUNT, OR BY DOING THE SAME BY CREATING AN ACCOUNT, YOU EXPLICLTY ACCEPT, AGREE, AND GIVE CONSENT THAT WE MAY COLLECT AND MANAGE ALL THE INFORMATION FROM YOU DESCRIBED ABOVE, AND ANY ADDITIONAL INFORMATION FROM YOU NOT EXPLICITLY LISTED ABOVE BUT THAT IS NECESSARY FOR THE OPERAITON OF YOUR ACCOUNT.

IN ADDITION, BY ACCESSING VISUAL ANCESTOR ANONYMOUSLY AT LEAST ONCE, YOU EXPLICLTY ACCEPT, AGREE, AND GIVE CONSENT THAT WE MAY COLLECT YOUR IP ADDRESS, REFERRING WEBSITE, AND ANY CODES EMBEDDED IN QUERY PARAMETERS ORIGINATING FROM US AND USE THAT INFORMATION (1) TO PROMOTE AND ADVANCE THE SECURITY OF OUR SITES AND SERVICES, (2) TO KNOW OF ANY REFERRING WEBSITES THAT ARE DUE CREDIT FOR REFERRING YOU TO US, AND (3) TO KNOW HOW AND FROM WHAT YOU ARRIVED AT ANY OF OUR SITES.