Terms and Conditions

Terms & conditions:

The Murphree Homeplace website is owned and run by Charles Murphree; Murphree Homeplace is a trademark of Charles Murphree. Murphreehomeplace.com is a registered domain name owned by Charles Murphree. Murphree.homestead.com is a sub domain registered by Charles Murphree with Homestead.com. For purposes of this document all domains or sub domains below will be referred to as murphreehomeplace.com. Charles Murphree is a sole proprietorship.

Accepting the Terms:

In order to use the services you must first agree to the terms and conditions. You may not use the services if you do not accept the terms and conditions. You accept the terms and conditions by actually using the services.

These Terms & Conditions explain our conditions for you using the murphreehomeplace.com website. By using this website and/or buying something from us you agree to be bound by these Terms and Conditions. If you do not agree with our Terms and Conditions or Privacy Policy, you must not use the website.

Our Privacy Policy forms part of these Terms & Conditions. These Terms & Conditions, the Privacy Policy and any other document we refer to in these Terms make up the whole agreement between you and Charles Murphree.

What you can use the website for:

You can use the website for your own personal or professional use, e.g., to research your own family history or as a professional genealogist to perform research for you or others. This is subject to our rights to block access for misuse to be determined at our sole discretion. For the purposes of these terms and conditions, a professional genealogist is defined as a sole proprietorship conducting research for clients.

Getting access to the records:

You can search the historical records on the website for free.

Personal Data and Payment Security:

By using this website you have agreed that you have read our Privacy Policy with regard to your personal data and credit card information.

Intellectual property rights (including copyright) in the records and services we provide:

A large amount of time, money and effort has been expended to make these records and features available online. Many of these records and features have been obtained from other organizations and people. These people or organizations often own the intellectual property rights in the records (the copyright/database rights owner is displayed on most records) and website features. Accordingly, you may not use the records or features to create your own work (for example a database of records), copy or reproduce the records (either in whole or in part), or make available, share or publish them unless you have our permission (and/or that of the owner of the copyright/database rights in the work) in writing. You may however use screenshots of our website for blog postings, articles and presentations for informational and educational purposes. If you are a professional genealogist (as defined above) you may also use the records or features in preparing unpublished reports for clients. The website and services provided belong to Charles Murphree, and again, you must not copy or use them without our written permission. Therefore, you only have a limited license to access the website and to use the content for personal or professional family history research (including unpublished reports for clients if you are a professional genealogist).

Respecting your intellectual property rights (including copyright):

If you believe that you own the copyright in any of the content on the website, and we have not recognized you as the copyright owner, Please contact us and we will investigate. While we are investigating, we may temporarily remove the records in question. If we agree that you are the copyright owner, we will work with you to find a solution that you agree with, or we will take the record in question off the website permanently. Content created by users: On some parts of the website, you can publish things (including your family tree), make comments or participate on forums. If you do, you must not:

1. Publish something that you do not own the copyright in (or do not have permission from the copyright owner to publish);

2. Include anything we consider offensive, inappropriate or defamatory (at our discretion);

3. Break the law, for example by saying something libelous, or by posting something which results in a criminal offence; or

4. Share the personal information of living people without their permission. You’re responsible for managing content you create, including using privacy settings.

How we use content created by users:

You keep the copyright in any content that you create or publish on the website; however, by publishing it you give us permission to use it for letting others view it on the website, marketing, product improvement and other commercial purposes. If we use any of your personal information (for example your name) in connection with it, we will ask your permission first.

Content you create is available on the internet:

We also make your content available to other users of murphreehomeplace.com, to users of websites that are either part of our group or with whom we have a partnership, and by internet search engines. If you don’t want this to happen, please do not publish the content. We are not liable for any loss you suffer if content you create is abused by somebody else.

Monitoring content created by users:

We do not monitor content published by our users and take no responsibility for things that you publish, so think before you post!

Applicable Laws:

The user agrees to obey all applicable laws and to not infringe any third party privacy or intellectual property rights and only to submit accurate, truthful, non-defamatory and non-offensive content for the website.

Changes to the website or records:

We reserve the right to make changes to the website, including the records and services we offer, without notice.

Service level:

We aim to offer a website which is fast, accurate and performs well. However, it may not always work as expected. If the website does experience issues, we are not responsible for any losses you might suffer.

Accuracy of records and other information provided:

We cannot confirm or give warranties about the accuracy or completeness of the records or other information on the website. We simply provide access to it. We are not responsible for content on other sites that we link to. We cannot promise anything in relation to the content and services on the murphreehomeplace.com website, apart from what is set out in the Terms and Conditions.

Things beyond our control:

Sometimes things happen that disrupt your access to the murphreehomeplace.com website which we have no reasonable control over. Examples are fires, floods, strikes, earthquakes, landslides and other unanticipated events or natural disasters. We are not liable for any losses caused to you by such unanticipated events.

Limitation of Liability:

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Charles Murphree has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the website or any content, our liability shall in no event exceed the total money you spent on the website in the twelve calendar months before you made a claim against us.

Indemnity:

You agree to indemnify Charles Murphree and his officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees) made against Charles Murphree or the murphreehomeplace.com website by any third party due to or arising out of or in connection with your use of the website.

Assignment:

These Terms & Conditions and Privacy Policy are personal to you, and you are not allowed to transfer your rights under this agreement to anyone else.

Severance:

The law is constantly changing, so if any part of these Terms & Conditions or Privacy Policy no longer applies or is no longer legally enforceable, then that part will be severed from the rest of the agreement: the rest will continue to apply.

The law:

These terms and conditions are made and governed under the laws of the United States and the State of Georgia, without regard to its conflict of law’s provisions. You agree to submit to the exclusive jurisdiction of the State of Georgia Courts to resolve any disputes arising from these terms and conditions.

Accepting the Terms:

Changes to this agreement:

Any changes we make to our rights under this agreement must be made in writing and posted under these Terms and Conditions in order to have any effect.