In order to participate as a volunteer indexer in the FamilySearch indexing program and to download and use the FamilySearch indexing software (the “Software”), you agree to the FamilySearch website Terms of Use and to the terms and conditions of this FamilySearch Indexing Software License Agreement (this “Agreement”). Upon your agreeing with the terms and conditions of this Agreement, FamilySearch International, a nonprofit corporation sponsored by The Church of Jesus Christ of Latter-day Saints (“FamilySearch” or “we”) grants to you a limited license to use the Software that you may download from the FamilySearch website. You may use the Software, without charge, solely for the purpose of assisting with genealogical research and associated record indexing as managed through the FamilySearch indexing website. You may copy the Software onto multiple computers that you personally use, and you may make backup copies of the Software for your personal use. In addition, you may provide free copies of the Software, on an individual basis, to other volunteers for the purpose of assisting such other volunteers in FamilySearch’s indexing effort. You may also use screenshots of the Software in order to provide free indexing training. Except for these uses, you may not: (i) reproduce, redistribute, or use the Software in any way, (ii) give or sell copies of the Software to any other person, including but not limited to via CD-ROM, via e-mail, or by making it available on an Internet or local network server, or (iii) modify, reverse engineer, or decompile the Software. Violating the terms of this software license may subject you to liability for copyright infringement.
Limited License to Use Images
We grant you a limited license to use images of historical records that you download via the FamilySearch indexing website (the “Images”). You may use the Images only as displayed and managed by the Software, and you agree not to attempt to view, copy, distribute, re-post, e-mail, decrypt, or otherwise use the Images except as permitted and controlled by the Software or the FamilySearch website. You agree not to use screenshot technologies of any kind to bypass any access controls or digital rights management features of the Software or the Images except as permitted above. You acknowledge that you do not own a copy of the Images, and that after you have completed the indexing tasks associated with a collection of Images, the Software will remove that collection of Images from your system so that you no longer have access to it. Violating the terms of this image license may subject you to liability for copyright infringement, including violation of the Digital Millennium Copyright Act, 17 U.S.C. § 1201. You agree to indemnify, hold harmless and defend FamilySearch and its affiliates, and each of their employees, directors, shareholders, managers, members, trustees, officers, contractors, volunteers, representatives, agents, insurers and assigns from and against any and all actual and alleged claims, damages, fines, judgments, costs, fees, expenses (including reasonable attorneys’ fees and disbursements), liabilities and losses arising out of or in connection with your breach of this Agreement.
Ownership of Your Work
Although you are working as a volunteer, without monetary compensation, you acknowledge and agree that your work in creating indexes of Images or otherwise performing related tasks using the Software or the FamilySearch indexing website (such indexes and related work together called your “Work Product”) shall be deemed a work made for hire under U.S. copyright law, and that your Work Product will therefore be entirely owned by FamilySearch. If the concept of work made for hire is not a part of copyright law where you live, then you agree to assign all rights and ownership in your Work Product to FamilySearch. You expressly waive all of your moral rights in your Work Product (including rights to attribution and integrity), and promise not to sue to assert those rights. You acknowledge that, based upon FamilySearch’s rights in and ownership of your Work Product, the Software will delete your Work Product from your computer after it has been transferred to the FamilySearch indexing website, and you will thereafter only have access to your Work Product on the same basis as other members of the public, as controlled and managed by FamilySearch. FamilySearch has full rights to modify, post, and use your Work Product in any way it deems appropriate, without notice or compensation to you of any kind, in order to fulfill its broader goals of providing access to genealogical records. You agree to take such action and execute such further instruments as may be necessary to give effect to the ownership provisions of this Agreement as reasonably requested by FamilySearch at FamilySearch’s expense.
Other Terms
You understand that FamilySearch will collect and process the personal data you submit, such as your name, address, phone number, etc. This personal data may be made available to FamilySearch, its affiliated legal entities, and other volunteers who coordinate FamilySearch indexing projects, including reporting to group administrators in the case where you have joined a group or volunteered in behalf of an LDS church unit, genealogical society, or other group. However, only your user identification will be retained with your Work Product. More details regarding our use of your personal data can be found in our Privacy Policy, which you are encouraged to read and understand.
Although FamilySearch will exercise reasonable care in safeguarding your personal data, and will use it only for purposes of furthering genealogical research, your data may be sent to countries that have legal protections for personal data that are less restrictive than those in effect where you live. Your local laws may also give you special rights to have your personal information corrected or removed from the FamilySearch indexing system, but this will not affect FamilySearch’s ownership of or rights to your Work Product as described in this Agreement. You may remove or correct your personal information by signing on to www.familysearch.org. After signing in, at the top right, click your name, and then click Settings to make the changes.
You understand that FamilySearch indexing projects are subject to deadlines, to accuracy testing, and to other restrictions that may cause the Software or FamilySearch to impose restrictions on your participation in general or on your participation in a particular project to which you have been assigned or would like to be assigned.
Care and Deletion of Submissions
Although we will use reasonable efforts to preserve the integrity of your Work Product, you agree that we are not responsible for loss, damage, or corruption of your Work Product. You agree that, should the Software fail to delete any Work Product, including index files or Images, from your computer, you will manually delete such Work Product after the Work Product has been submitted to the FamilySearch indexing website.
Legal Status
If you are under the age of 18 years old, you affirm that your parent or legal guardian consents to your participation as a volunteer in the FamilySearch indexing program and agrees to the terms of this Agreement on your behalf. This Agreement is governed by the laws of the State of Utah, U.S.A, regardless of your location. FamilySearch does not warrant that the Software or the FamilySearch website will be free from errors. You agree that FamilySearch shall not be liable for any losses or damages you suffer because of your participation in FamilySearch indexing activities.
Effective date: December 17, 2014
To participate, you must verify that you agree with the terms and conditions above by clicking the I Agree checkbox and then clicking OK. If you do not agree with the above terms and conditions, you will not be permitted to participate in FamilySearch indexing activities. In that case, please click Cancel.
