Effective Date: 01 January 2022
Introduction and Services
Welcome to Prashth! By using any of the Prashth websites, services, and mobile apps that link to these terms as well as other related brands (the “Services”), you agree to these Terms and Conditions (the “Terms”). Any new features included in the Services in the future will also be subject to these Terms.
You also agree to our Cookie Policy, Renewal and Cancellation Terms, each of which are incorporated herein by reference. Please read these documents and our Privacy Statement (which describes how we collect, process, use, and share your data) carefully because they contain important information about your rights and responsibilities when you use the Services. You are entering into these Terms with a specific Prashth entity depending on what Service you are using and where you are geographically located (see Prashth Companies below for more information).
Additional terms may apply which will be disclosed to you when you sign up for a new Service or take advantage of a new promotion or special offer, which terms become part of your agreement with us if you use those Services, promotions, or offers. If any additional terms conflict with these Terms, those additional terms will prevail. If you have any questions about these Terms or our Services, please contact us.
Eligibility to Use the Services.
Registered guests and paid subscribers are all “Users” under these Terms. You may need to create an account to use the Services. You must provide accurate, complete and current information when you register. The Services are intended for residents in the countries where they are being offered.
If you are between the ages of 13 and 18, you may use the Services with your parent’s or guardian’s permission. Children under the age of 13 are not permitted to use any Services. We do not knowingly seek or collect any Personal Information directly from children under the age of 13. If Prashth becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13, we will take commercially reasonable efforts to delete such data from our system.
Use of the Services
In exchange for your access to the Services, you agree that you will: Comply with the Prashth’s Cookie Policy, Renewal and Cancellation Terms and Community Rules; Comply with all applicable laws; Be responsible for all usage and activity on the Services made via your account or with your log in information; Contact us if you suspect your account has been used without your authorization or you believe your user name and password have been stolen; Not resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms; Not circumvent, disable or otherwise interfere with security-related features of the Services; and, Not circumvent, disable or otherwise interfere with features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including by using any self-developed or third-party developed bots, crawlers, spiders, data miners, scraping, or other automatic access tools.
Content
Prashth Content
The Services contain photos, videos, documents, records, indexes of content, and other content provided by Prashth (“Prashth Content.”). Except for WebSearch records, which are governed by the terms of the third parties that host the records, all Prashth Content is owned by or licensed to us and may be used only in accordance with these Terms, including Prashth Content that may be in the public domain (“Public Domain Content”). You agree: To use the Prashth Content only as necessary for your personal use of the Services or your professional family history research; To download the Prashth Content only as search results relevant to such research or where expressly permitted by Prashth; To keep all copyright and other proprietary notices on any Prashth Content you download or print; Not to distribute, republish, or sell significant portions of any Prashth Content; and, To contact us to obtain our written permission if you want to use more than a small portion of individual photos and documents that are Public Domain Content.
Your Content
Prashth facilitates your providing a variety of content into the Services, including Personal Information (defined in the Privacy Statement), content such as pictures, videos, stories about a deceased relative, your comments in trees, community discussions, or about records and responses to surveys and questionnaires (“User Provided Content”).
Personal Information
For more information on the types of Personal Information you may provide us and your respective rights, see our Privacy Statement.
User Provided Content
With respect to User Provided Content, you agree that: You are solely responsible for your User Provided Content; You have all the necessary legal rights to upload or post your User Provided Content; Any User Provided Content you provide complies with the Prashth Community Rules; You will provide Prashth, upon our request, with any documentation necessary to evidence your compliance with these Terms; and Any User Provided Content that you have shared publicly (e.g. by including such User Provided Content in a public Prashth family tree, as part of your public profile in one of the Services or in a public posting on one of our Services) may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from the family trees or public profiles of other users. Prashth has no responsibility or liability related to User Provided Content. We do not routinely monitor User Provided Content for violations of these Terms, including the Prashth Community Rules, but we reserve the right to do so (including using automated monitoring tools). We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms, including the Prashth Community Rules. Serious or repeat violations or offenses will subject the responsible User to account termination, at Prashth’s sole discretion.
Ownership of Your Content
You own your Personal Information and User Provided Content. You can delete your Personal Information from Prashth by logging into your Account Settings (for additional information, see the Privacy Statement). So long as your content remains on our system, we need certain rights from you for your and others’ use of the Services. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information (including your Genetic Information, defined in these Terms and in the Privacy Statement in order to (a) provide the Services to you and other Users, (b) for the purposes described in these Terms and our Privacy Statement, (c) to help our Users discover more about their families and family histories and build their family trees, and (d) for any other purpose to which you expressly agree, such as sharing with others. Also, by submitting User Provided Content through any of the Services, you grant Prashth a sublicensable, worldwide, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for Prashth to copy, display, and index your User Provided Content. Prashth will own the indexes it creates. We will also have the right to continue to use your User Provided Content, even if you stop using the Services, but only as necessary for us to provide and improve the Services.
Copyright and Trademark
Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks, and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership, and all other rights and interests in and to all Prashth Content in the Services. If you have concerns that User Provided Content posted by other Users may infringe your rights, contain illegal material, or violate these Terms, please contact us. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, including any Digital Millennium Copyright Act takedown requests, click here.
Renewals and Cancellations for Prashth Services
Your purchases of and subscription(s) to any of the Services are subject to the Renewal and Cancellation Terms.
Termination or Suspension of Your Account
We may limit, terminate, or suspend your access to the Services without a refund if you breach or act inconsistently with the letter or spirit of these Terms, including the Prashth Community Rules. In such a case, you will not be entitled to a refund of subscription fees.
Warranty
While we hope you enjoy using our Services, there are things we don’t promise about our Services. Except as expressly set out in these Terms, we provide the Services and the Prashth Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the Prashth Content, (b) about User Provided Content, (c) about the specific functionality of the Services, (d) about the quality, accuracy, reliability, or availability of the Prashth Content or Services, or (e) that the Services will be free from viruses or other harmful components. We are constantly changing and improving our Services, so we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether.
Limit of Liability
We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of New Jersey.
Your Indemnity
You agree that you will indemnify and hold Prashth, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “Prashth Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the Prashth Parties from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
Services Offered by Other Companies
Our Services may contain links to other sites operated by third parties, including but not limited to, third-party sites that may display Prashth trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. A link to a Third-Party Site from our websites does not constitute sponsorship, endorsement, approval, or responsibility for any Third-Party Site. The terms and conditions of use and privacy statement of a Third-Party Site may differ substantially from our Terms and Privacy Statement. Please read the terms and conditions of use and privacy documentation for all Third-Party Sites carefully. Prashth does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Site or its content, products, and services. We have no responsibility related to any Third-Party Site.
Controlling Law
If you access the Services on our websites in the United States, the laws of the State and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in the United States will be subject to the jurisdiction of the courts of the State of Utah. If you access the Services on our websites anywhere other than in the United States, the laws of Ireland govern these Terms.
Dispute Resolution, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. We work hard to keep our customers satisfied. If a dispute arises between you and Prashth, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to to resolve the dispute informally by contacting us.
Miscellaneous
Prashth Companies: You are entering into these Terms with a specific Prashth entity depending on what Service you are using and where you are geographically located. Please see the list of Prashth entities by Service and geography here. All references to “Prashth”, “us”, “we”, or “our” in these terms refer to the relevant Prashth entity on that list. We reserve the right to change the Prashth entity which is a party to these Terms at any time as a result of a corporate reorganization or otherwise. Modifications to these Terms: We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as described here. Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and Prashth regarding your use of the Services and supersede any prior agreements we may have relating to the Services. Notification of Changes to the Services: Prashth may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing. Feedback: If you submit feedback or suggestions about Prashth or our Services, we may use your feedback or suggestions for any purpose without any obligation to you. Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Prashth, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement. If Prashth is Acquired: If Prashth or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Prashth has the right to share your Personal Information, User Provided Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services. Severability: Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable. No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision. Fair Credit Reporting Act: Prashth is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL’S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).