Terms & Conditions

Last updated: May 1, 2018

1. Introduction

These Service Standard Terms and Conditions (“Terms”) written on this webpage shall manage your use of this Service. These Terms will be comprehensively applied to your use of this Service. By using this Service, you agree to accept all terms and conditions written herein. You understand that it is an agreement between you and the service provider (hereinafter referred to the “MèProsh”). You must not use this Service if you disagree with any of these Service Standard Terms and Conditions. Please read these Terms and Conditions carefully. Your access to and use of the app is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all visitors, users and others who access or use this Service. By using the app in any manner you agree to be bound by these Terms without modification.

2. Description of Services offered

The purpose of this service is to provide the customers with application, that focuses on family tree creation. The user will be able to view family members' profile, post images, videos and stories on the newsfeed for family members to view. You understand that the newsfeed is available for all members of the family, even if you are not connected with them directly. For example, if person A is connected to person B, and C, and person D is only connected to person B, both person A, C and D will see each other's posts as though they were connected. The user will also be able to chat one on one with a family member or create a group and chat with a group of family members. Any and all visitors to our Service shall be deemed as “users” for the purpose of these Terms.

The user acknowledges and agrees that the services provided and made available through our platform are the sole property of the MèProsh. At its discretion, MèProsh may offer additional Services or update, modify or revise any current content; and this Agreement shall apply to any and all additional features, updates, modifications or revised contents unless otherwise stipulated. MèProsh does hereby reserve the right to cancel and cease offering to any of the aforementioned. You, as the end user acknowledge, accept and agree that MèProsh shall not be held liable for any such updates, modifications, revisions or discontinuance of any of our services and/or products. Your continued use of the services provided affirm your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using our services immediately. Furthermore, the user understands, acknowledges and agrees that the services offered shall be provided “AS IS” and such MèProsh shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalized settings.

3. Registration

To register and become a “member” of the Service, you must be at least 13 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our services under applicable jurisdiction.

Users who wish to register with the MèProsh are required to provide true, accurate, current and complete information about themselves as prompted by registration fields provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to the aforementioned conditions, we may deny you or terminate your access to our Services. We are not responsible for any failure in providing false information. You further confirm by registering that you have not been convicted of any offence, or subject to any court order, relating to assault, violence, and sexual misconduct.

When you register, you acknowledge and accept receiving a confirmation to the email you provided during registration for the purpose of activating your account.You accept that the MèProsh may collect information such as your name, e-mail address, birthday, mobile number, gender and personal interests. You can edit your account information at any time. You do not have to pay a fee to register.

4. Termination

If you violate the letter or spirit of this Agreement, abuse the service, or otherwise create risk or possible legal exposure to MèProsh, we will terminate or suspend your access to the services at our sole discretion.

You may also cancel your account at any time. In order to do that, you may contact us at inquiry@meprosh.com with a request to disable your account. Your access shall be cancelled after five days.

5. Member account, username, password and security

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify the MèProsh immediately for any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately. The MèProsh shall not be held liable for any loss and/or damage arising from any failure to comply with this Term of use. You may contact us at inquiry@meprosh.com

6. Family tree

The user will be able to view any of the family tree member’s profile information by tapping on that member in the family tree section.
The user will be able to share his tree with friends.
Whenever anyone shares a tree with any of their friends, that friend would be notified about the tree sharing. By tapping on the notification, the user will be redirected to a screen where he/she will be able to view the shared tree. The user will only be able to view the tree. He/She will not be able to view member’s profile.
User hereinafter agrees that his information is available not only for added family members. If user is in the family tree section, he is able to see another member’s profile information without adding the last until he blocks them from doing so.

7. Payment 

The user will be able to use the app for free for 1 month after registration. Once this duration is complete, the user has to purchase a subscription plan for using the app further. The User agrees to pay monthly recurring purchase price (if applicable) to the Provider for a period of 1 month, 6 months or 1 year.
All three subscription plans will be auto-renewable plans. Upon end of the subscription, if the user doesn’t subscribe to the plan then that user will not be able to view or add members to his/her family tree. But other functionalities like Chat and Newsfeed can be accessed by the user. Any price changes of the services shall not affect monthly recurring prices of users who are currently up to date on payments, and who are actively working with the MèProsh on the service plan being provided.
We require no credit checks, background checks, or income verification for monthly recurring payments. By providing the MèProsh with a payment method, you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; you also authorize the MèProsh to charge you for the service or available content using your payment method; and authorize the MèProsh to charge you for any paid feature of the service that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription based or monthly recurring services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring billing/s. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
When you purchase the service on a monthly recurring/subscription basis, you acknowledge and agree that you are authorizing recurring payments, and payments shall be made to the MèProsh by the method you have chosen at the recurring intervals chosen by your time of purchase, until the subscription for that is terminated by you or by the MèProsh.
By authorizing recurring payments, you are authorizing the MèProsh to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit/debit card or similar payments) (collectively, "Electronic Payments"). Any subsequent fees are generally billed or charged in advance of the applicable recurring/subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, the MeProsh or its providers reserve the right to collect any applicable return item, rejection, or insufficient funds fee and to process any such payment as an Electronic Payment.
Please note that there is no refund once you subscribe to a plan.
Once you have started using our platform you understand the service will be automatically renewed, the MeProsh may automatically renew your s and charge you the then current price for the renewal term. We will also provide you with instructions on how you may cancel the sevice. You must cancel the sevice before the renewal date to avoid being billed for the renewal.
Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the service by the Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Provider in addition to all other charges payable hereunder.

8. Modification of Terms

MèProsh reserves the right, at its sole discretion, to modify or replace the Terms and Conditions. It is your responsibility to check the Terms periodically for changes. Your continued use of the service following the posting of any changes to the Terms and Conditions will be subject to the new Terms and Conditions.
You agree that the clauses of Terms that are considered to be ineffective do not affect the validity of this document. Above-mentioned clauses have to be regulated by current legislation.

9. Intellectual Property Rights

Other than the content you own, under these Terms, the Service’s owner and/or its licensors own all the intellectual property rights and materials contained in this Service.
You are granted limited license only for purposes of viewing the material contained on this Service. As a condition of your use of the Service, you warrant to MèProsh that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of MèProsh or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MèProsh and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MèProsh or our licensors except as expressly authorized by these Terms.

10. Restrictions and obligations

The Service is available only to individuals who are at least thirteen (13) years old. You represent and warrant that if you are an individual, you are (i) at least eighteen (18) years old or (ii) if you are between the ages of thirteen (13) and eighteen (18), you have parental permission to enter into an agreement to accept these Terms of Use and to use the service.

You are specifically restricted from all of the following :

  • publishing any Service material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Service material;
  • publicly performing and/or showing any Service material;
  • using this Service in any way that is or may be damaging to this Service;
  • using this Service in any way that impacts user access to this Service;
  • using this Service contrary to applicable laws and regulations, or in any way may cause harm to the Service, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Service;
  • Using this Service to engage in any advertising or marketing.

You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Service and not interfere with the use and enjoyment of the Service by other users or with the operation and management of the Service. Accessing the service is prohibited from territories where the service or any Content is illegal; you are responsible for compliance with local laws.

11. Limitation of liability

MèProsh does its best to ensure that all information on the Service is accurate. If you find any inaccurate information on the Service please let MèProsh know by sending an email to at inquiry@meprosh.com and we will correct it, where we agree, as soon as practicable.
MèProsh gives no warranty or assurance about the content of the Service. As the Service is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While MèProsh makes every effort to ensure that the content of the Service is accurate, MèProsh cannot accept liability for the accuracy of all the content at any given point in time.
MèProsh makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the Service will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Neither MèProsh nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Service or information, content or materials included on the Service.
In no event shall MèProsh or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any:

  • loss of actual or anticipated profits (including loss of profits on contracts);
  • loss of revenue;
  • loss of business;
  • loss of opportunity;
  • loss of anticipated savings;
  • loss of good will;
  • loss of reputation;
  • loss of damage to or corruption of data;
  • loss of use of money or otherwise,
and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
The Service provides hypertext links to other Services operated by other people. Using such a link means you are leaving the Service. MèProsh takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of, linked Services. MèProsh is not responsible for the privacy practices, nor do we accept any liability in connection with the content of, such Services, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its Service administrator or web master.

12. Service Rules and Conduct

The service is provided only for your own personal, non-commercial use. You shall not use it for any purpose that is prohibited by these Terms of Use, including:

  • You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the service, that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, MèProsh of another’s privacy, tortious, obscene, offensive, or profane;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); involves commercial activities and/or sales without MèProsh prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of MèProsh or any third party; or
    • impersonates any person or entity, including any employee or representative of MèProsh. You shall abide by all applicable local, state, national and international laws and regulations.
  • Malicious access to the MèProsh You shall not:
    • take any action that imposes or may impose (as determined by MèProsh in its sole discretion) an unreasonable or disproportionately large load on MèProsh (or its third party providers’) infrastructure;
    • interfere or attempt to interfere with the proper working or any activities conducted on the service;
    • run Maillist, Listserv, any form of auto-responder or “spam” on the service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Service.
  • Reverse engineering the service

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the , except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the ; or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
MèProsh reserves the right to remove any content from the Service or from its other features at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if MèProsh is concerned that you may have violated the Terms of Use) or for no reason at all.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.
You may, to the extent the Service expressly authorizes you to do so, download or copy Content, and other items displayed on the Service for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.
Please be aware that the Service or its other features may contain, or direct you to Services containing, information that some people may find offensive or inappropriate.

13. Third Party Services

The Mèprosh may permit you to link to other Services or resources on the Internet, and other Services or resources may contain links to the Service or another feature of the Mèprosh . When you access third party Services, you do so at your own risk. These other Services are not under the MèProsh control, and you acknowledge that MèProsh is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Services or resources. The inclusion of any such link does not imply endorsement by MèProsh or any association with its operators. You further acknowledge and agree that MèProsh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such Service or resource.
You represent, warrant and agree that with respect to Content that you make available on third party Services you will in all cases comply with all applicable third party terms of service and any other obligations you may have with respect to that third party Service.

14. Indemnification

You agree to indemnify, defend and hold harmless MèProsh, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Service(s), any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MèProsh reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MèProsh in asserting any available defenses.

15. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration or a similar arbitration selected by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.

16. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MèProsh agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

17. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MÈPROSH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.

 

MÈPROSH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, S AND RELATED GRAPHICS CONTAINED ON THE SERVICE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MÈPROSH AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MÈPROSH ARE NOT RESPONSIBLE FOR THE PROBLEMS WITH SERVER AND LOSING THE DATABASE.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MÈPROSH. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MÈPROSH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

18. Contact Us

MèProsh welcomes your questions or comments regarding the Terms:
Inquiry@meprosh.com

Copyright 2018 · All rights reserved.