New England Historic Genealogical Society ("NEHGS", “we”, “our” us”) is America’s founding genealogical organization and the most respected name in family history. Established in 1845, NEHGS is the nation’s leading comprehensive resource for family history research and the largest Society of its kind in the world. We provide expert family history services through our staff, original scholarship, data-rich website, educational opportunities, and research center to help family historians of all levels explore their past and understand their families’ unique place in history. We are a member-based nonprofit corporation dedicated to advancing the study of family history in America and beyond, by educating, inspiring, and connecting people through our scholarship, collections, and expertise

 

 The AmericanAncestors.org domain and all its subdomains, including mayflower.americanancestors.org, are owned by New England Historic Genealogical Society.

 

The terms used in this Agreement are "we," meaning New England Historic Genealogical Society (NEHGS), and "you," meaning the individual or entity submitting photos and information to New England Historic Genealogical Society. Any individual or entity that wants to use this Service must accept the terms of this Agreement as they are presented here, without changes. The "Service" is the sharing of photographs and information on the map and gallery featured in this website.
 

You must enter into this Agreement if you choose to submit a digital image and information through this website form. 

 

We reserve the right, at any time and in our sole discretion, to (a) change, modify, add, eliminate or discontinue the Site, the Services, or any portion or feature thereof; and (b) impose fees, charges or other conditions for use of the Site or Services or any parts thereof. ALL SUCH CHANGES SHALL BE EFFECTIVE UPON THEIR POSTING ON THE SITE OR BY DIRECT COMMUNICATION TO YOU UNLESS OTHERWISE NOTED. 

 

You may only submit photographs and information to the site for which you hold all intellectual property rights. If you do not own the rights to a photograph, you are responsible for obtaining those rights before submitting the photograph through the website. The Service is limited to parties that lawfully can enter into and form contracts under applicable law. Minors may not submit photographs and information to the Service. 

 

As used in this Agreement, (a) "Affiliates" means any entity controlled by, in control of, or under common control with NEHGS, (b) "Materials" means all content that you submit to mayflower.americanancestors.org, including all photographs, illustrations, graphics and text, and (c) "Media" means any means of conveying information, whether now known or hereafter devised.

 

You hereby grant to NEHGS and its Affiliates a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

 

Materials will be provided to the Plymouth Museums Galleries Archives for use in their physical displays in the Plymouth History Centre. Submission of Materials to NEHGS does not guarantee that Materials will be used in the Plymouth History Center, Plymouth, UK, only that they will be submitted to the Plymouth Museums Galleries Archives for review and possible inclusion in a physical exhibit.

You hereby grant to NEHGS, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant NEHGS, its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials.

Specifications and Guidelines. You agree to submit Materials to us in accordance with all guidelines for use of the Service posted on the NEHGS web site or of which you are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future.

 

You represent and warrant to NEHGS and its Affiliates that (a) you have the right, power, and authority necessary to enter into this Agreement, to fully perform your obligations hereunder, and to grant the licenses set forth in Paragraphs 3 and 5 above, (b) you will comply fully with all terms of this Agreement, (c) the Materials submitted to NEHGS by you, and NEHGS's and its Affiliates' exercise of their rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party, (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Materials by NEHGS and its Affiliates as permitted hereunder, (e) the Materials are not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful, and (f) all factual statements submitted by you are accurate and not misleading. You agree to indemnify, defend, and hold NEHGS and its Affiliates harmless from all claims, liabilities, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising from your breach of any representation or warranty set forth in this paragraph.

 

You agree that you will not submit Materials that are unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable, or that otherwise violate general NEHGS standards. We expressly reserve the right to remove or not make available any Materials that we deem to be in violation of this Agreement, applicable laws or our community standards in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit Materials to us or our Affiliates that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

Although we have the right to include your Materials in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse the Materials or remove them from our Service at any time.

 

NEHGS and its Affiliates may communicate with you in connection with the Service, electronically and in other Media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the websites of NEHGS or its Affiliates or by any other means.

 

NEHGS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF (OR KNEW OR SHOULD KNOWN OF) THE POSSIBILITY OF SUCH DAMAGES.

 

NEHGS PROVIDES THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND.

 

This Agreement will be governed by the laws of the United States of America and the state of Massachusetts. This Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. The Specifications and Guidelines (including all future changes) are incorporated by reference into this Agreement. This Agreement is in addition to, and does not supersede or modify, the terms and conditions of use of the websites of NEHGS and its Affiliates.