Last Updated: 09/25/2024

These Terms of Service (“Terms”) govern your use of the genealogyquarry.com website (“Site”), which is owned and operated by Dream Shake Media, LLC, (collectively, “Dream Shake Media,” “we,” “us,” or “our”), and any mobile application, application programming interfaces, and other services offered by Dream Shake Media in connection with the Site, as well as services offered through third parties integrating Site functionality (“Services”).  

This is a binding agreement. Please read these Terms of Service carefully before you access any of the Services. By using or accessing any part of the Services or by clicking a button to accept or agree to the Terms when this option is made available to you, you unconditionally accept and agree to be bound and abide by these Terms. Our privacy policy is available at https://genealogyquarry.com/privacy-policy/ and is expressly incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy (collectively, “Agreement”), you must not access or use any part of our Services.

By using or accessing any part of the Services, you represent and warrant that you are of legal age to form a binding contract with Dream Shake Media and meet all eligibility requirements herein. If you are at not at least at the age of majority in your jurisdiction, or eighteen (18) years of age, you must not access or use any Services provided by Dream Shake Media.

1. Your Use of the Site and Services

You are responsible for your use of the Site and Services and for any use of the Site or Services. When you use the Site or Services, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, threatening, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting or participate in the use of software, including spyware, designed to collect data from the Site or Services;
• transmit any executable programming or other computer instructions or technological means of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
• use any robot, spider, or other automatic program or device, or manual process, to scrape, crawl, monitor, copy, summarize, or otherwise extract information from the Site or Services, in whole or in part, including, without limitation, creating any frames at any other websites pertaining to any portions of the Site or Services;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
• advocate, encourage, or assist any third party in doing any of the foregoing; or
• otherwise violate these Terms, Agreement, our stated policies, or any other agreements between us.

We reserve the right, but do not undertake the obligation, to: (a) monitor or review the Site and Services for violations of the Agreement and for compliance with our policies and applicable law; (b) refuse, restrict access to or the availability of, or remove, delete, edit, or disable (to the extent technologically feasible) any Site content; (c) manage the Site and Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site and Services; and (d) terminate or block you your use of the Site or Services for violating these Terms.

We reserve the right to, in our sole discretion and without notice or liability, restrict or deny access to the Site or Services or to terminate access to any person for any reason or for no reason at all, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms or the Agreements or of any applicable law or regulation.

1. Other Websites and Third-Party Content and Interactions

Our Site contains links to other websites. When you click on one of these links, you are entering another website for which Dream Shake Media has no responsibility. We and our affiliates, through the Services, may provide information about certain third-party products and services and provide links to websites of third-party service providers and advertisers. Any opinions, advice, information, data, text, and other materials or links made accessible through the Services are for informational purposes only. We do not validate or investigate the qualifications of third-party content. We do not guarantee that the terms or prices offered by any third party on or through our Services. 

We encourage you to read the terms and privacy statements on all such third-party sites as their policies may be different than ours. 

Our Site and Services may contain features and functionalities that may link you or provide you with access to third-party content that is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of our Site and Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site and Services, you hereby release us and our affiliates and sponsors, and their and our respective officers, employees, agents, and successors, from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site or Services. 

2. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES, OTHER THAN THOSE EXPRESSLY STATED ON THE FACE OF THE SITE AND THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, DIRECTORS, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, SPONSORS, AND LICENSORS DISCLAIM ALL INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS WITH RESPECT TO THESE TERMS, PRIVACY POLICY, AGREEMENTS, AND THE SITE AND SERVICES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY RIGHT OR WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE AND PRIVACY POLICY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

3. Indemnification

You shall defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of or attributable to: (i) any breach or violation of the Agreement by you; (ii) your failure to provide accurate, complete, and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions, or postings; and/or (vi) any personal injury or property damage caused by you.

4. Intellectual Property 

Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior written permission. We make no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software, and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, and renditions, are copyrighted by, owned by, or otherwise licensed to us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.

You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software, and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms.

5. Feedback and Other Submissions

We welcome your reviews, comments, and other communications (collectively, “Submissions”) that you submit to us or through the Site. When you submit Submissions to us, whether through the Site or by email, mail, or phone, or on third-party websites, you grant to us a nonexclusive license for use of such Submissions. We shall be under no obligation: (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; (3) to respond to any Submissions; (4) to use any Submissions; or (5) to notify you of the use of any such Submissions.

6. Governing Law

By using, accessing, or otherwise interacting with the Site or Services, you and we agree that all disputes in connection with the Site and Services shall be governed by, and construed in accordance with, the laws of Delaware without giving effect to the conflict of laws rules. You and we expressly consent to exclusive jurisdiction in the State of Delaware for any litigation other than small claims court actions. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

7. Miscellaneous

• Waiver. The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms or the Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions, or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
• Severability. If any part of these Terms or Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. 
• Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If you have a complaint regarding the Services, you may contact us at [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• Independent Contractors. Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship of any kind between us and any user.
• Assignment. We may assign our rights under these Terms without your approval and with or without notice to you. Your rights or obligations arising under these Terms and Agreement cannot be assigned without our (or our assigns’) express written consent.
• Amendments. We reserve the right to update, amend, or change these Terms or Agreement at any time in our sole discretion and without notice. Updates to these Terms and Agreement will be posted on the Site. Amendments will take effect immediately upon us posting the updated Terms or Privacy Policy on the Site. The date on which these Terms were last updated will be noted immediately above the Terms. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
• Entire Agreement. The Agreement reflects the entire agreement between the you and Dream Shake Media related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.

8. Contact Us

If you have any questions or concerns, please contact us at [email protected].