Welcome to the Cherokee Registry family of websites. Cherokee Registry (the "Company") maintains CherokeeRegistry.com and OurCherokeeStories.com(the "Sites") as a service to its customers.
By using the Sites or any current or future service(s) provided by the Company (collectively the “Service” or "Services"), you are agreeing to comply with and be bound by the terms and conditions and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Sites (collectively, the "Terms"). These Terms govern your access to and use of the Sites, the Services and any information, products, software, and/or features made available to you. This Sites and the Services found at this Sites are available only to Users who can form legally binding contracts under applicable United States law. In the case of any violation of the Terms, the Company reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Sites and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES, OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE AGREEMENT.
In simple terms you affirm that:
You will not post unauthorized commercial communications (such as spam).
You will not engage in unlawful multi-level marketing, such as a pyramid scheme.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not use the sites to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the sites.
You will not facilitate or encourage any violations of this Statement or our policies.
1. RIGHT TO USE THE SERVICES. No individual under the age of thirteen (13) may use the Services or provide any information to the Company or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with the Company and are not legally prohibited from using the Services. Upon acceptance of the Terms, the Company hereby grants You a non-exclusive, non-transferable, revocable right, under intellectual property rights owned or licensed by the Company, to access and use the Services subject to the Terms. The Company may, at its sole discretion, suspend or terminate any account within any trial period. Signing up for multiple accounts to obtain extended trial periods or creating accounts with false information or to otherwise probe the Sites is explicitly prohibited and will result in immediate termination of any and all offending accounts. As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and username. You may also create new URLs for each blog or story you create. You are solely responsible for the User Content you post to this webSites. You agree that you shall not select or use as a URL the name of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. The Company reserves the right to refuse registration of, cancel, or modify user content, a URL, login name, or password in its sole discretion. Anything that you post or otherwise make available on our Products is referred to as "User Content."
2. PAYMENT. Should you elect to subscribe to any paid Services, you are responsible for paying all fees and charges associated with using the Service. Payment notifications will be sent electronically via e-mail to an e-mail address provided by You. You agree to supply company with current and accurate name, mailing address, email address and telephone number. You agree to keep this information current and You understand that it is Your responsibility to maintain working email addresses in your account configuration to receive notification e-mails. Failure to receive payment notifications, for any reason, does not alleviate Your responsibility of payment. You understand that failure to provide such payment in accordance with the instructions contained in e-mail payment notification will result in account suspension. You understand that the Company, at its sole discretion, has the right to refuse to reinstate a suspended account regardless of subsequent payment attempts by you. You understand that there may be fees associated with reinstatement of a suspended account.
3. LAWFUL USE. You agree that use of the Sites and/or any Services, is subject to all applicable national, international, state, and local laws and any and all applicable regulations, including the Terms.
4. LIMITATIONS ON AUTOMATED USE: You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of the Sites and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Sites (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the the Company, or unless permitted by the Sites's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without the Company's express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
5. INTERNET ABUSE: You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as "junk mail" or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted; (d) posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; (e) violating the CAN-SPAM Act; or (f) publishing, distributing, or providing access to copyrighted works, in any form, in violation of U.S. copyright laws. The use of Services is provided to facilitate legitimate and legal online purchases and Company may terminate an account FOR ANY REASON AND AT ITS SOLE DISCRETION if Company suspects the use of Services is for purposes other than facilitating legal and legitimate transactions.
6. ENFORCEMENT. Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Sites, if it determines that your images, documents, content, services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact firstname.lastname@example.org.
7. MODIFICATIONS TO THE Sites. With the sole exception of "eternally" archived family history data, Company reserves the right to amend the Terms and modify or discontinue all or part of the Sites, temporarily or permanently, with or without notice, and is not obligated to support or update the Sites. The amended Terms shall automatically become effective immediately after they are initially posted on this Sites. Your continued use of the Sites after the posting of the amended Terms on the Sites constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Sites and/or Services; and (b) notify Company of termination.
8. LINKS TO THIRD PARTY Sites ARE NOT ENDORSEMENTS. The Sites contains links to third-party web Sites. The linked Sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked Sites. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked Sites by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
9. INTELLECTUAL PROPERTY RIGHTS. The Sites is proprietary to Company. All the text, images, marks, logos and other content of the Sites ("Sites Content") is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the Sites Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Sites Content; (iii) you may not modify Sites Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Sites Content by Company; (v) you shall not, and shall not knowingly cause or permit any non-party to these Terms to disassemble, decompile, decrypt, extract, reverse engineer, prepare a derivative work of, or modify the Services, or otherwise apply any procedure or process to the Services in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Services or any algorithm, process, procedure or other information contained in the Services. Except as expressly permitted above, reproduction or redistribution of the Sites Content, or any portion of the Sites Content, is strictly prohibited without the prior written permission of Company. To request permission you may contact Company at email@example.com.
Cherokeeregistry.com respects the trademark rights of others. Accounts with usernames, or any other content that misleads others or violates another's trademark may be updated, transferred or permanently suspended. IF YOU ARE CONCERNED THAT SOMEONE MAY BE USING YOUR IMAGE, CONTENT, OR TRADEMARK IN AN INFRINGING WAY ON OUR Sites YOU CAN LET US KNOW BY CONTACTING ADMIN@CHEROKEEREGISTRY.COM. We will review your submission and take whatever action, in our sole discretion, we deem appropriate, including temporary or permanent removal of the image, content, or trademark from this Sites.
10. SUBSCRIBER CONTENT LICENSE TO CHEROKEEREGISTRY.COM OR OURCHEROKEESTORIES.COM AND THE COMPANY. When you transfer Subscriber Content to the Company through the Services, you give the Company a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of (including, without limitation, by Reblogging), such Subscriber Content. The rights you grant in this license are for the limited purpose of operating the Services in accordance with their functionality, improving the Services, and allowing the Company to develop new Services. The reference in this license to "derivative works" is not intended to give the Company itself a right to make substantive editorial changes or derivations, but does enable the Company Subscribers to redistribute Subscriber Content from one Company blog or storie to another in a manner that allows Subscribers to, e.g., add their own text or other Content before or after your Subscriber Content ("Reblogging"). You also agree that this license includes the right for the Company to make all publicly-posted Content available to third parties selected by the Company, so that those third parties can distribute and/or analyze such Content on other media and services. Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others. One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
12. DISCLOSURE; FORWARD-LOOKING STATEMENTS. Certain statements that are not historical fact contained in the Sites may constitute forward-looking statements. Such statements include, without limitation, statements about the Company's plans, strategies, partnerships, products, service markets, growth prospects, successes, and security of new products or services, objectives, expectations, intentions or other statements that are not historical fact. Such statements are based on the then current beliefs and expectations of the management of the Company, and are subject to significant risks and uncertainty.
13. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.
14. SERVICES OFFERED BY COMPANY ON THIS SITES. By using the Sites and Services, you accept these Terms and conditions. Except as provided in the Terms, Company does not represent nor warrant the Sites or any Service or content contained in this Sites will be available, accessible, uninterrupted, timely, secure, accurate, reliable, or error-free. Company does not make any warranty to the results obtained from the use of the Sites or Services or to the accuracy or reliability of the content. You expressly acknowledge that the Sites and Services are provided on an "as is", "as available" basis and the Sites and Services are computer network-based services which are subject to outages, interruptions, attacks by third parties or delays. In such events, and subject to the Terms, Company shall use commercially reasonable efforts to remedy material interruptions, repairs and replacements, within its capacity to enable the Sites to perform the intended Services in a reasonable manner. You acknowledge that Company does not warrant that such efforts will be successful. If Company's efforts are not successful, you may terminate this agreement. The foregoing shall constitute your sole and complete remedy, and the Company's Sole and complete liability, including but not limited to, interruption, outage, and accuracy of results. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the use of the Sites or Services. You use the Sites and Services at your own risk and Company will not be liable for any damages or loss arising from your use of the Sites or Services.
15. TERMINATION & EFFECT. You may terminate the Service by electronic notification to firstname.lastname@example.org requesting that your account be terminated. If You elect for recurring charges when subscribing for the paid Service, You may cancel the recurring charges at any time via email to email@example.com. If you paid for a "lifetime membership", you may cancel at any time but you will not receive a refund. Termination by Company shall be accompanied by an electronic notice to You. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Sites and/or Services; and (b) notify Company of termination. Upon termination of access to the Sites and/or Services, your right to use the Sites and/or Services shall immediately cease.
16. PCI DSS Compliance. You agree that if you will be accepting credit card payments, that you are or will be in compliance with current PCI DSS requirements and will maintain said compliance as long as your account on the Sites is active and you are accepting credit card payments.
18. GOVERNING LAW & JURISDICTION. The Sites is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of Washington and from each other. As you and Company both benefit from establishing a predictable legal environment in which to publish, access and use the Sites, by publishing, accessing, and/or using this Sites, you and Company agree that all matters arising from or relating to the use and operation of this Sites will be governed by the laws of Florida state, without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Sites will be heard and resolved in the courts of Flagler County, Florida. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
19. FORCE MAJEURE. Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company's reasonable control.
20. GENERAL. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.