TERMS OF USE / SERVICE PRIVACY POLICY
This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by ArchivesPuertorico.com
Terms of Use
Before using ArchivesPuertorico.com, please carefully review the following terms and conditions which define your rights, responsibilities and benefits as a user of ArchivesPuertorico.com. In using this website you agree to be bound by these terms and conditions of service which shall take effect immediately upon your use of the ArchivesPuertorico.com website. In addition we reserve the right to make changes to these terms and conditions at any time if we think they are required without further notice. You are responsible for reviewing any applicable changes. Your continued use of this website following any such change constitutes your agreement to follow and be bound by the terms as changed. If you do not agree to be bound by all of the following terms and conditions please do not access or use this site.
The Website and services provided herein are intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions. If you don’t agree with any of these terms, or if you have any objections to our Terms, Policy and or Privacy statement you must not use the ArchivesPuertorico.com website.
Disclaimer of Warranty
Information provided on this website is intended to allow convenient electronic access to public information, search and digital online services. While all attempts are made to provide secure, accurate, current, and reliable information, ArchivesPuertorico.com recognizes the possibility of human and/or mechanical error. Therefore, ArchivesPuertorico.com, its employees, officer, information providers and licensors make no representations as to the accuracy, completeness, viruses, worms, or other harmful properties of the information provided by this website and disclaim any express or implied warranty as to the same. ArchivesPuertorico.com assumes no liability for damages resulting from the use of any information disclosed on this website. The service is provided on an “As Is” basis without warranties of any kind either expressed or implied. You acknowledge that your use of ArchivesPuertorico.com service is entirely at your own risk.
Limitation of Liability- In no event shall ArchivesPuertorico.com or any of its employees, officer, information providers, or licensors be liable for any direct, indirect, incidental, special, consequential, punitive or other damages, including without limitation damages arising out of the use of the service by you or any other persons, including but not limited to, any loss or damage caused by any reliance, or delays, inaccuracies, errors, omissions or any information accessed through the service. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions ArchivesPuertorico.com liability will be limited to the extent permitted by law. Without limiting the foregoing, you agree that if you use the information, services or products of a third party whose website is linked to or otherwise referred to on or through the service such third party is solely responsible for its information, services and products and you release ArchivesPuertorico.com and any of its employees, officer, information providers and licensors from any claims, demands and damages actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such information, services or products, any transactions between you and such third party and any disputes between you and such third party.
Our Services-ArchivesPuertorico.com offers a continually increasing collection of online genealogical and historical information resources and services, not limited to our proprietary database, search and/or request search service, digital collections and other tools for findings specific to the culture, history and the ancestry of Puerto Rico. Users may discover, research, request, and save records by searching our exclusive databases of records and requesting “for fee” the information found or accessing “for fee” downloads. The information in our databases has been compiled from public records, user submissions, private collections, non-circulating collections, and other proprietary sources for the specific purpose of finding records of family/ancestors and/ or research. When you place an order with us, we grant you a nontransferable, nonexclusive license to access our databases and the information contained in the databases (‘Our “Products’), solely for the non-commercial purpose of performing lawful and appropriate searches for your own personal use.
Archivespuertorico.com is a search and look-up service offering information and documents via request services and online access. Archivespuertorico.com does not make any claims on copyrights, we provide information and documents per customer request. Documents and photographs are provided in “As Is”, “As Found”, “As Provided” and/or “As Donated” condition. We are not responsible for errors and omissions made at the time of the creation of documents. For handwritten documents, we warn that deciphering document content and handwriting may require careful examination and the ability to read Spanish language or the language of the country of origin of the ancestor. We urge you to visit the “FAQ”, “Sample Documents”, “How To Search”, “About Records” and all informational pages as well as reading ALL terms of purchase before buying records. Occasionally our database holds names for documents which are partially viewable, this means they are marred, ripped, damaged by water etc., however vital parts of a record may be viewable. Upon request, the Archivespuertorico.com team will happily provide document condition information as requested and before purchasing records.
Online Digital Collection: Users may access the free database for findings, when a record of interest is located the user will be directed as to which page to access for downloading (for fee) records in real time. Archivespuertorico.com does not make any claims on copyrights, we provide information and documents per customer request. Documents and photographs are provided in “As Is”, “As Found”, “As Provided” and/or “As Donated” condition. We are not responsible for errors and omissions made at the time of the creation of documents. For handwritten documents, we warn that deciphering document content and handwriting may require careful examination and the ability to read Spanish language or the language of the country of origin of the ancestor. We urge you to visit the “FAQ”, “Sample Documents”, “How To Search”, About Records” and all informational pages as well as reading all terms of purchase before buying records. Online records, once viewed are nonrefundable. Only in the instance of an extraordinary circumstance may a user become eligible for a refund.
Search Services:
A) Comprehensive Search Service: Users may access our “For Fee” Comprehensive Search form thereby requesting information regarding an ancestor. Results will be not be limited to any number of records found, type of record found, and/or descriptive vital information. The transcribed informational report will be made available via Email. Any and all historical documents found (not available in our online collections) will be made available for an additional fee and must be purchased separately and are not part of the “Search” service. We do warn, searches though thorough and extensive may not always yield a record or records. Transcribed information will be made available via Email within 3 business days. Business days are Monday-Friday, from 9:00am – 5:00pm. Searches are not refundable, when information is made available to you (User, Client, Customer) the search is considered complete.
B) Database “Request Information” Service: Users may access our database, locate a record of interest, and request the “For Fee” record information or “For Fee” digital copy of the historical document(s). Transcribed information will be made available via Email. Digital copies of records will be made available via Email as well within 7-10 business days. Business days are Monday-Friday, from 9:00am – 5:00pm. We do warn, though ancestor record names exist in our database not all records may be available or viewable due to extensive damage. Purchases are not refundable, when information is made available to you or records have been delivered to you (User, Client, Customer) the service is considered complete.
Limited Use License-Subject to the terms and conditions of these Terms of Service, you may use, access, download, copy, store, print or display any Information solely for your personal, non-commercial use, provided that you maintain and abide by all copyright and other notices contained in such content. Posting, uploading, sharing, displaying, transmitting, broadcasting, and otherwise distributing “Our Products” on other Websites including Social Network Websites is NOT permitted and may constitute termination of service. When downloaded, the content remains subject to the limited use license contained in this Agreement.
If you would like to obtain the permission of ArchivesPuertorico.com to make use of any Information not permitted by these Terms of Service, please contact us.
Copyright-ArchivesPuertorico.com respects the copyright law and intellectual property and we ask you to respect these as well. If you feel that your rights to copyright have been violated, please contact us at Admin@ArchivesPuertorico.com, we will examine the content, if we are in violation of copyright we will take appropriate action. ArchivesPuertorico.com is the owner of the compilation of content that is posted on the ArchivesPuertorico.com website, including its text, images, audio and video clips, design, databases, codes, and software (“Content”), but it does not necessarily own all of the material within this compilation. The Content may be owned by ArchivesPuertorico.com or by others and used with their permission, or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights such as copyright, trademark, rights of publicity, privacy, and contractual restrictions. ArchivesPuertorico.com content is identified as having “no known copyright restrictions”, ArchivesPuertorico.com is unaware of any copyright restrictions on its use. This may mean that:
• A copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain.
• The Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties.
• There are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted.
ArchivesPuertorico.com records do not indicate any evidence of copyright restrictions. These facts do not necessarily mean that the content is in the public domain but rather indicates that no evidence has been found to show that copyright restrictions apply.
ArchivesPuertorico.com provides information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to the use of the Content, such as trademark, privacy or publicity rights, or donor or other contractual restrictions. However, ArchivesPuertorico.com can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the content and, if necessary, to obtain such permission. If you have specific questions or information about the content, please contact us.
Permitted Use-The ArchivesPuertorico.com welcomes you to make fair use of the content as defined by copyright law. Please note that you are solely responsible for determining whether your use is fair and for responding to any claims that may arise from your use. Posting, uploading, sharing, displaying, transmitting, broadcasting, and otherwise distributing ‘Our Products’ on other Websites including Social Network Sites which is not permitted and may constitute termination of service. When downloaded, the content remains subject to the limited use license contained in this Agreement.
Contributions, Donations and Care of Submissions-You can help grow the site by sharing/contributing documents, photographs, graphics and/or other historical and genealogical resources available to you. By submitting your contributions you grant ArchivesPuertorico.com an exclusive fully paid-up, royalty-free, worldwide, and perpetual license to use any and all information, content, and other materials (collectively, “Contributed Data”) that you submit or otherwise provide to this site (including, without limitation, genealogical data and discussions and data relating to deceased persons) for any and all purposes, in any and all manners free of charge license for data hosting on our site. As part of this license, you give us permission to copy, publicly display, transmit, broadcast, and otherwise distribute your “Contributed Data” throughout, by any means we deem appropriate (electronic or otherwise). You also understand and agree that as part of this license, we have the right to create derivative works from your “Contributed Data” by combining all or a portion of it with that of other contributors or by otherwise modifying your “Contributed Data”. Once a submission is completed your name will be published on a list of donors unless you prefer to remain anonymous. You hereby release ArchivesPuertorico.com from any and all claims, actions or suits in connection with the “Contributed Data” content, including, without limitation, any and all liability for any use or non-use of your “Contributed Data” content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in this Agreement, ArchivesPuertorico.com acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us. This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us.
Right to Submit-You represent and warrant that you will not submit anything to this site that violates any third party’s rights (including, but not limited to, copyrights, privacy rights, publicity rights, contract rights, or other proprietary rights). Whenever you submit data to this site, you are affirming that you have the legal right to contribute that data to us and to grant us the rights and licenses set out in this Agreement. You accept legal responsibility for our use of your “Contributed Data” based on your affirmation. You are solely responsible for all “Contributed Data” that you post or otherwise contribute to ArchivesPuertorico.com site.
We reserve the right to immediately remove or disable access to any User Provided Content that we believe violates this Agreement.
Disclaimer (Accuracy of Contributed Data)
We intend to use reasonable efforts to preserve the integrity of your Contributed Data and to avoid errors or omissions in the content of this site. However, you agree that we shall be neither responsible nor liable for errors or omissions in any content you may find on this site, nor for loss, damage, or corruption of Contributed Data that you submit or post. This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by ArchivesPuertorico.com.
Code of Conduct-Before using the Website, you agree to use our website only for appropriate, legal, non-commercial purposes, in compliance with all applicable federal, state and local laws and regulations and you agree to use the website in a manner that is consistent with these Terms and Conditions. You must also agree that you will not infringe upon any third-party, privacy and intellectual property rights. Additionally you agree to the terms of agreement anytime you access the Website. You understand that the result of Unlawful Illegal Misuse, Inappropriate, Disruptive, Harmful or Offensive actions may include revocation of your right to use this site, as well as legal action against you.
You agree that when using the service you will NOT:
• Collect, or use any information from this site with the intent to harm, discredit, or harass, any person or entity.
• Submit or post information to this site that could be harmful or offensive to other users.
• You will not impersonate another user in order to hide your identity or implicate another in such actions.
• You will do nothing that might disrupt or impact the service or performance of this site.
• You may not copy or prepare an original database or a comparison of our databases so as to sell, rent, publish, or furnished in any manner to a third party.
• Access or manipulate the coding of our website and service.
• Post content containing harmful viruses, worms, trojan horses or any harmful properties.
• Violate state, local, national or international law or regulation.
• Delete or falsify any author attributions or proprietary legal notices connected to content and information.
• Distribute your password to others for access to ArchivesPuertorio.com. Sharing your password constitutes as a breach of this Agreement and may result in immediate termination of your membership.
• Post, upload, share, display, transmit, broadcast, and otherwise distribute “Our Products” on other Websites including Social Network Sites as it is not permitted and may constitute termination of service. When downloaded, the Content remains subject to the limited use license contained in this Agreement.
Termination-You agree that ArchivesPuertorico.com in its sole discretion may terminate your access to the Service or any portion thereof without notice for any reason including but not limited to if ArchivesPuertorico.com believes that you have breached these Terms of Service. ArchivesPuertorico.com may in its sole discretion at any time change the content or services offered on the Service or discontinue providing the Service, or any portion thereof, without notice.
Proprietary Rights-The ArchivesPuertoRico.com service and content including but not limited to all text, graphics, indexes, databases, logos, icons, images, software, HTML code and screens contained on our site is owned by or licensed to ArchivesPuertorico.com and is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Indemnification-You agree to defend, indemnify and hold harmless ArchivesPuertorico.com and affiliates, and each of their officers, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney’s fees and expenses, relating to or arising out of any breach of these Terms of Service, or any use of the Service, by you or by any other person using the Service through you or using your password.
Compliance with Laws-The service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Service.
ArchivesPuertorico.com reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests ArchivesPuertorico.com may access and disclose to law enforcement officials or other third parties any information it considers necessary or appropriate and by using the Service you expressly consent to such access and disclosure.
Governing Law Jurisdiction-These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without giving effect to any principles of conflicts of laws. You agree that any action brought by you at law or in equity arising out of or relating to these Terms of Service or the Service shall be filed only in a state or federal court located in Kings County, New York. Without limiting ArchivesPuertorico.com right to bring an action against you in any jurisdiction, you further agree to submit to the non-exclusive jurisdiction of, and acknowledge and agree that proper venue shall lie in, the federal and state courts located in Kings County, New York, with respect to any claim, action or proceeding arising out of or relating to these Terms of Service or the Service.
Refunds
Our service will never misrepresent the condition of a document. The service will ensure to notify you with an accurate description of the condition of the document if requested. If you decide to purchase the document it means that you have understood and accepted the terms of purchase. Once a document has been received and viewed it has become nonrefundable. Refunds will NOT be honored on viewed non tangible items. We do understand that human error is inevitable, therefore in some instances we do provide special circumstance refunds, such as, an “Online” document file hosted with an incorrect ancestor name. For records repeated in error and ordered by a customer on two different occasions, a refund will be honored.
Customer Support
Your questions, comments, and concerns are important to us. Please contact us with any inquiry you may have. We will happily assist you.You may use our contact form or email us at admin@archivespuertorico.com.
This version of the terms of service became effective on 6/1/2016.