Treepress.net is a site specifically for genealogists, family historians, librarians, researchers, academics and anyone else involved in genealogical research.
The following terms and conditions govern all use of the Treepress.net website and blogging platform. TreePress.net (TreePress) is owned and operated by Black and White Digital OÜ (BWD). The company is registered in Estonia company number 14675865. VAT Number EE102147560. Registered Office: Sepapaja 6, Tallinn 15551, Harju, Estonia. TreePress and TreePress.net are trading names and brands of BWD.
TreePress is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by BWD (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using TreePress. By accessing or using any part of TreePress, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access TreePress or use any services. If these terms and conditions are considered an offer by BWD, acceptance is expressly limited to these terms.
- Creating an Account and Blog. TreePress is intended to be used only for family history and genealogical related information. Children under 13 may only create accounts and/or blogs under the express approval and supervision of their parents or guardians. The parent or guardian is responsible for ensuring that use complies with local laws and policies. Parents can contact firstname.lastname@example.org to request the creation of individual blogs for children under 13 that wish to use TreePress for a family history project.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to TreePress, post links on TreePress, or otherwise make (or allow any third party to make) material available by means of TreePress (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libellous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TreePress or otherwise.
By submitting Content to TreePress for inclusion on your Website, you grant BWD a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, BWD will use reasonable efforts to remove it from TreePress, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, BWD has the right (though not the obligation) to, in BWD’s sole discretion (i) refuse or remove any content that, in BWD’s reasonable opinion, violates any TreePress or BWD policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of TreePress to any individual or entity for any reason, in BWD’s sole discretion. BWD will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional premium paid services such as extra storage, paid themes and plugins or site development services may be available on TreePress. By selecting a premium service, you agree to pay BWD the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium product or service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
- Paid Services.
- Fees; Payment. By signing up for any account you agree to pay BWD the fees indicated in exchange for the services. Applicable fees will be invoiced starting from the day your account is established. Accounts can be cancelled by you at any time.
- Support. Paid accounts include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by BWD to respond within two business days) concerning the use of the paid account. “Priority” means that support for paying account customers takes priority over support for users of the standard, free Treepress.net blogging services. All account support will be provided in accordance with BWD’s practices, procedures and policies.
- Responsibility of Website Visitors. BWD has not reviewed, and cannot review, all of the material, including computer software, posted to TreePress, and cannot therefore be responsible for that material’s content, use or effects. By operating TreePress, BWD does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TreePress may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. TreePress may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BWD disclaims any responsibility for any harm resulting from the use by visitors of TreePress, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through TreePresss and webpages to which Treepress.net links, and that link to Treepress.net. BWD does not have any control over those non-TreePress websites and webpages, and is not responsible for their contents or their use. By linking to a non-TreePress website or webpage, BWD does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BWD disclaims any responsibility for any harm resulting from your use of non-TreePress websites and webpages.
- Copyright Infringement and DMCA Policy. As BWD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Treepress.net violates your copyright, you are encouraged to notify BWD using this form here. BWD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BWD or others, BWD may, in its discretion, terminate or deny access to and use of TreePress. In the case of such termination, BWD will have no obligation to provide a refund of any amounts previously paid to BWD.
- Intellectual Property. This Agreement does not transfer from BWD to you any BWD or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BWD. Black and White Digital OU, TreePress, Treepress.net, the Treepress.net logo, and all other trademarks, service marks, graphics and logos used in connection with Treepress.net, or TreePress are trademarks or registered trademarks of Black and White Digital OÜ, Black and White Digital Ltd or TreePress’s licensors. Other trademarks, service marks, graphics and logos used in connection with TreePress may be the trademarks of other third parties. Your use of TreePress grants you no right or license to reproduce or otherwise use any BWD or third-party trademarks.
- Changes. BWD reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to TreePress following the posting of any changes to this Agreement constitutes acceptance of those changes. BWD may also, in the future, offer new services and/or features through TreePress (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. BWD may terminate your access to all or any part of TreePress at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Treepress.net account (if you have one), you may simply discontinue using TreePress. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by BWD if you materially breach this Agreement and fail to cure such breach within thirty (30) days from BWD’s notice to you thereof; provided that, BWD can terminate TreePress immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. TreePress is provided “as is”. BWD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BWD nor its suppliers and licensors, makes any warranty that TreePress will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, TreePress at your own discretion and risk.
- Limitation of Liability. In no event will BWD, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BWD under this agreement during the twelve (12) month period prior to the cause of action. BWD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless BWD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of TreePress, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between TreePress and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BWD, or by the posting by BWD of a revised version. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BWD may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.