||13 Jan, 2021
Clanview (the “Service”) available at the clanview.com website is owned and operated by Streeton Tech Pty Ltd trading as Vicinity View (“us”, “we”, “our”).
By accessing or using the Service you agree to be bound by these Terms. Acceptance and compliance with these Terms applies to anyone who visits, accesses or uses the Service.
The Service requires signing up to the free product, purchasing a standalone product or signing up for a subscription to acquire the ability to use it.
Transactions will appear on your bank statement as CLANVIEW WEB SERVICE or VICINITY VIEW (which is the trading name for Streeton Tech Pty Ltd, the owner and operator of Clanview Web Services).
A valid payment method, including debit card and credit card, is required to process the payment for any Paid Product. You shall provide Streeton Tech Pty Ltd with accurate and complete billing information including full name, address, state, zip/post code, telephone number, and a valid payment method. By submitting such information, you automatically authorise Streeton Tech Pty Ltd Ltd to charge your account.
To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods.
|The free product offers limited product features for an indefinite period. We do not require payment card details for free product sign up. This product includes a 2 week trial that permits full access to all Clanview features for evaluation purposes.
|Paid Product: Standalone
Standalone products provide varying features and functionality, depending on the product package, in return for a single upfront payment.
An active Clanview Model published using a standalone paid product (eg. a Publishing Pack) may be available for sharing indefinitely. In this case, “indefinitely” is subject to the Clanview Model remaining active (not deleted by the Creator) and the Service and Company remaining operational.
|Paid Product: Subscriptions
Subscriptions provide varying features and functionality, depending on the subscription tier, in return for a regular periodic automated payment.
A subscription will continue until a subscription period expires without a successful renewal payment. An active Clanview Model published using a subscription will only be available for sharing while that subscription remains active.
The customer is able to switch between subscriptions at any time, at which time we will automatically calculate how any currently unused portion of your current subscription can be applied to the newly adopted subscription, or, if additional payment is required to meet the new subscription requirements.
By checking out, you authorise your payment method to be securely stored and charged on a recurring basis until you cancel, which you can do at any time using My Account. Payment card details are safely captured ONLY by our payment processors, Stripe (www.stripe.com) and PayPal (www.paypal.com), transferred over a secure SSL connection and stored using AES-256 or SHA-256 encryption standards. You can remove your card details at any time.
Any coupon code used applies to the chosen product’s first subscription period only. Example: A coupon code will discount the payment for the first year of a “Yearly” subscription and return to normal pricing for all following renewal payments.
|Product and Price Changes
||It is at the sole discretion of Streeton Tech Pty Ltd that products, prices or fees may be changed at any time. Such changes apply only to future purchases or future recurring payments and exclude any currently active service period.
||Refunds requests for individual purchases may be considered by Streeton Tech Pty Ltd on a case-by-case basis and granted at the sole discretion of Streeton Tech Pty Ltd.
The User accepts:
- Service operation requires the use of a Device that has adequate and continuous internet connectivity.
- Service operation requires very small amounts of data to be transferred between the Service web servers and User’s Device. This data will register as data usage for the User’s Device.
- Internet connectivity services and data usage plans are completely independent of the Clanview Service.
We accept no responsibility or liability of any kind for any charge, failure or issue of any kind arising with any third-party services.
Our Service uses some (not all) of the Family History Data supplied by the Creator.
The Service deals with this data in 2 forms:
- A GEDCOM datafile – this GEnealogy Data COMmunication format data file is exported from a third-party genealogy application or online service by the Creator. This data is the responsibility of the Creator. It is at the Creator’s sole discretion as to the information they wish to include or exclude from this file with the understanding that this information may be visible within the Clanview Model. The Service requires the data supplied by the Creator to exclude any personal identification information or confidential data about any living person. The Service securely uploads this data with point-to-point (HTTPS) encryption and secure storage. The Service only uses this data file for the initial creation of the Clanview Model, or possible re-creation at a later date should it be required for any reason.
- Clanview Model data – this is selected data that is imported into a secure database and used to present and explore Family History Data in the Clanview Model.
It is the Creator’s responsibility to delete Service Data when it is no longer required. All Service data, including the GEDCOM datafile and database data, is permanently deleted when cancelled or deleted by the Creator.
You represent and warrant that:
- The Service Data is yours (you own it) or you have the right to use it and grant us the rights and license to use it strictly for the purposes of providing the Clanview Service as described in these Terms, and,
- The display of your Service Data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We accept no responsibility or liability of any kind for any issues, problems, faults or bugs of any kind with any third-party applications or online services.
||The Service provides the ability for Users to draft content such as feedback that is emailed to the Creator. The Service only communicates this content to the Creator by email. It is not stored in any form. Streeton Tech Pty Ltd accepts no responsibility or liability of any kind for any content submitted by any User.
When you purchase our Service you also create an account with us. You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
|GDPR (General Data Protection Regulation for the European Union)
We will never send any personal information associated with your Account or Service Data and Content to a third party.
All communication between the Service and Users uses point-to-point encryption (HTTPS).
All Service Data or inactive Account data that may contain any personal information about living persons will be permanently deleted upon request by the Customer, Creator or User.
We do not store any transmitted Service Content (see “Service Content”).
It is the sole responsibility of each User to ensure that a Clanview Model is only shared with people they know and trust to not misuse the Clanview Model.
Clanview is designed to balance prudent data security with the ability to effectively share the data. We take numerous steps to reduce any real risk associated with your data.
- Associate a Clanview Model with a unique web page URL (including a randomised 27 digit code), that is theoretically impossible for anyone to guess.
- Handle all communications between the User and our web servers using HTTPS encrypted point-to-point communications, so that data cannot be intercepted and interpreted.
- Implement multiple levels of security for the storage of your data on our servers.
- Require the Creator to only supply Service Data that excludes personal information about any living person.
- Where possible, automatically remove all personal information from the Service Data for any identifiable living person (subject to the data provided).
The User accepts:
- It is possible to share a Clanview Model’s unique URL by email, which comes with the same inherent risks that are associated with sending any other email (such as the remote possibility of interception by a third party).
- We recommend sharing Clanview Models via secure channels and closed trusted social network groups.
- After sending a Clanview Model to a trusted recipient, that recipient is equally able to share the same Clanview Model with other recipients.
- The Service Data provided by the Creator for a Clanview Model is extremely low risk. In the unlikely event that an unknown third party should somehow manage to obtain a Clanview model’s unique web address, and that third party had malicious intent, the data available pertaining to past ancestors and family history will likely have no value for malicious purposes.
Under no circumstances, shall Streeton Tech Pty Ltd be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the user’s sharing of a Clanview Model with third parties.
Streeton Tech Pty Ltd has no affiliation with any genealogy company but aims to deliver an independent service that is compatible with the majority of third party genealogy applications and services.
If Streeton Tech Pty Ltd is advised of any compatibility issue encountered by a Creator with their GEDCOM datafile, it will endeavour to rectify this issue, however Streeton Tech Pty Ltd does not guarantee compatibility with any third-party application or online service or the GEDCOM datafile that said applications or services produce.
|Device Performance and Compatibility
The User accepts that access to the Service is conditional on:
- Compatibility with their Device and web browser.
- Use of a Device that is adequately powerful to provide delivery of reasonable Service performance.
The Service aims to support the majority of web browsers available for the majority of Devices, however the Service does not guarantee compatibility with any Device or web browser.
The Service aims to provide a reasonable Service operating performance on most devices released within the last 5 years, however the Service does not guarantee that all Devices will be capable of delivering adequate performance.
The User accepts that “Clanview VR” (virtual reality) is a completely optional feature that requires the user to own a compatible “VR Viewer” device in order to explore the Clanview Model in VR mode. The Service does not guarantee compatibility with any VR Viewer device.
Clanview Models created using a Paid Product Subscription remain “Active” (able to be shared and explored) for as long as the Creator’s subscription remains active. If a subscription expires for any reason, all subscriptions will revert to the Free Product functionality. After an account expires the Service Account will remain accessible, and all existing published active Clanviews will be able to be explored, by the Account holder only. The Account holder is able to delete any and all Active Clanviews at any time, therefore also removing access to the deleted Clanviews for all others.
You can cancel a Subscription at any time, and you will continue to have access to the Service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods. You can cancel your subscription by removing your payment card details in My Account. The account will then expire at the end of the billing period.
All products permit indefinite access to My Account for the Account Holder subject to each product’s features and functionality. The Account holder is able to delete any and all Active Clanviews at any time, therefore also removing access to the deleted Clanviews for all others.
||You agree not to reverse engineer, decompile, or disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service or modify, adapt, translate, recast, alter, or create derivative works from the Service or any portion of it, or provide or disclose any such Service or any portion of it to any third party.
|Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Streeton Tech Pty Ltd.
Streeton Tech Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Streeton Tech Pty Ltd 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
||You agree to defend, indemnify and hold harmless Streeton Tech Pty Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
|Limitation of Liability
||In no event shall Streeton Tech Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Streeton Tech Pty Ltd does not warrant that a) the Service will function uninterrupted, be secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
||Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Streeton Tech Pty Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Streeton Tech Pty Ltd or any person for whom Streeton Tech Pty Ltd is responsible, and even if Streeton Tech Pty Ltd has been advised of the possibility of such loss or damage being incurred.