The Burgenland Bunch Website Usage Agreement, Rights and Use Information

This site, which is dedicated to Burgenland family history and genealogical research, is owned and operated by The Burgenland Bunch (hereinafter "BB", “we”, “us”, or a similar term), an independent, volunteer, nonprofit organization.

By using this site, you agree to all of the terms and conditions set forth herein (“Agreement”). If you disagree with any of the terms or conditions, do not use this site. We reserve the right to change this Agreement at any time, so please check for changes to this Agreement each time you use this site. Your continued use of the site following the posting of changes to this Agreement means that you accept those changes.

Licenses and Restrictions

All content found on this site (including visuals, text, icons, displays, databases, media, and general information) is owned by us or licensed to us. You may view, download, and print content from this site only for your personal, noncommercial use. In addition to the foregoing, unless otherwise indicated, content may be viewed, downloaded, or reproduced by media personnel for use in traditional public news media. You may not post content from this site on another website or on a computer network without our permission. You may not transmit or distribute content from this site to other sites. You may not use this site or information found at this site (including the names and information about those who have submitted information) to sell or promote products or services, to solicit clients, or for any other commercial purpose.

Notwithstanding the foregoing, we reserve the sole discretion and right to deny, revoke, or limit use of this site, including reproduction of site content. It is not our responsibility to determine what “fair use” means for persons wishing to use content from this site. That remains wholly a responsibility of the user. Furthermore, we are not required to give additional source citations. Also, in no case do we guarantee that any content on this site is legally cleared for any use beyond personal, noncommercial use. Such responsibility also ultimately remains with the user. However, we do maintain the right to prevent infringement of our content and to interpret “fair use” as we understand the law.

Registration Obligations

In consideration for the use of this site, you represent that you have read and agree to the terms of this Agreement, and that you are legally able to register (if required) to use this site. If you submit personal information to this site, you agree to provide true, accurate, current, and complete information about yourself (including during the registration process) and maintain and keep current and accurate this information about yourself, should it ever change. If you provide false, inaccurate, inappropriate, or libelous information or images, we may suspend or terminate your account and/or use of this site.

Licenses and Rights Granted to Us

In exchange for your use of this site and/or our storage of any data you submit, you hereby grant us an unrestricted, fully paid-up, royalty-free, worldwide, and perpetual license to use any and all information, content, and other materials (collectively, “Contributed Content”) that you submit or otherwise provide to this site (including, without limitation, genealogical data and discussions and information or data relating to deceased or living persons) for any and all purposes, in any and all manners, and in any and all forms of media that we, in our sole discretion, deem appropriate for the furtherance of our mission to promote Burgenland family history and genealogical research. As part of this license, you give us permission to copy, publicly display, transmit, broadcast, and otherwise distribute your Contributed Content throughout the world, by any means we deem appropriate (electronic or otherwise, including the Internet). You also understand and agree that as part of this license, we have the right to create derivative works from your Contributed Content by combining all or a portion of it with that of other contributors or by otherwise modifying your Contributed Content.

Collaboration with Others

You acknowledge that a primary purpose of this site is to enable collaboration between users of this site that wish to expand their Burgenland genealogical data and knowledge. You acknowledge that any items you submit may be viewable by anyone able to access this site. You acknowledge that we may utilize Contributed Content, including any personal information of living individuals, that you submit for the purpose of collaborating with other individuals and organizations in order to increasing participation in family history and preserving Burgenland-related records throughout the world.

Software

If you are able to download software at this site, you may only use that software as provided by the license agreement that accompanies the software. You are solely responsible for abiding by any United States export controls that may be applicable to any software provided on this site.

Right to Submit

Any Contributed Content you submit to this site is subject to this Agreement. 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 Contributed Content to this site, you are affirming that you have the legal right to submit that Contributed Content to us and to grant us the rights and licenses set out in this Agreement. You accept legal responsibility for our use of any Contributed Content you submit. You are solely responsible for all Contributed Content that you submit, post or otherwise contribute to this site.

Code of Conduct

You agree that you will not individually, or as part of any group or collective effort, submit information to this site (either at registration, as a genealogical submission, or through any other feature where any Contributed Content can be provided) that could be deemed harmful or offensive to other users. You also agree that you will not impersonate another user in order to hide your identity or implicate another in such actions. You agree not to mine, collect, or use any information from this site with the intent to harm, discredit, harass, or prejudice any person or entity. You further agree to do nothing that might disrupt the flow of data to and from this site, impact the service or performance of this site, or circumvent any of the controls or usage rules that we have implemented.

Care of Submissions

We intend to use reasonable efforts to preserve the integrity of your Contributed Content 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 Content that you submit or post.

Linking

For your convenience, this site may contain links to websites operated by others. These sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using the site, please notify us immediately.

We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other sites is legally permissible and consistent with the expectations of those who use the Internet. However, if access to a particular site should be restricted, the site operator should promptly notify us.

Data Privacy and Protection

If you are located outside the United States, you consent to the processing in the United States of America of any personal data that you submit. You also agree to comply with all applicable laws regarding the transmission of personal data to or from the United States of America and the country in which you reside.

Jurisdiction and Applicable Law

This Agreement shall be governed by the applicable laws of the State of Pennsylvania, United States of America. Any action you bring to enforce this Agreement or any matters related to this site shall be brought in either the Court of Common Pleas of Franklin County, Pennsylvania, or in the United States District Court for the Middle District of Pennsylvania and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree to this regardless of your location or any inconvenience to you. If any provision of this Agreement is found to be unlawful, void, or unenforceable (in whole or in part), the remaining provisions shall not be affected, unless we determine, in our sole discretion, that the invalid or unenforceable provision is an essential term to this Agreement, in which case we may, at our sole discretion, amend the Agreement.

Limitations of Liability

We are not liable for any special or consequential damages resulting from your use of, or your inability to use, this site or the content on this site or any linked site, including, but not limited to, lost profits, business interruption, and loss of programs or other data on your information handling system. You hereby acknowledge and agree that in the event that any portion of this limitation of our liability is found to be unenforceable, our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you, if any, for accessing this site or any linked site.

Disclaimers

The content on this site is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose, and warranties of non-infringement. We do not represent or warrant that the functions contained on this site will be uninterrupted or error free, that defects will be corrected, or that this site or the servers that make it available are free of viruses or other harmful components.

Effective date of this version of the Agreement: January 14, 2017