This Agreement was last modified on December 15, 2016.
The App is offered to anyone on a free-trial basis. At various points during the free trial, we ask that you either (i) make a one-time payment of between US$4 and US$100 for the App based on your personal evaluation of its value to you; or (ii) indicate that you cannot reasonably afford to make such payment. After purchasing the app, you may make one or more additional contributions if you so desire.
The App and its original content, features and functionality are owned by Kinpoint and its licensors, and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not use or copy any content, including graphic elements, without explicit permission of the owner. "Take a Name" is a trademark of Kinpoint.
We may terminate your access to the App, without cause or notice, in compliance with applicable policies for the app store in which the product was purchased. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (including Intellectual Property ownership), warranty disclaimers, indemnity, and limitations of liability. We may discontinue distribution and support of the App and its back-end services, provided that such discontinuation shall comply with applicable app store policies on discontinuation of app services.
The App operates by linking to your account at FamilySearch International, Inc., dba FamilySearch. You must have or create a FamilySearch account to use the App. You use your FamilySearch account name and password, which may be cached by the App. The App may provide means to assist in recovering your account name or password via links to FamilySearch.
The App and associated services may be temporarily unavailable from time to time for maintenance or other reasons, including reasons entirely under the operational control of FamilySearch. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or unauthorized access to communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or traffic congestion on the Internet.
Kinpoint reserves the right to change any and all functionality of the App or the associated services provided by us.
THE APP AND ASSOCIATED SERVICES PROVIDED BY KINPOINT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE APP OR THE ASSOCIATED SERVICES PROVIDED BY KINPOINT, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KINPOINT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KINPOINT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO KINPOINT FOR THE APP OR SERVICES, YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM KINPOINT, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of Utah, United States, without giving effect to any principles of conflicts of law.
If you have any questions about this Agreement, please contact us at:
Your privacy is important to you and to us. We are committed to respecting your privacy. This policy was created in order to comply with both the Privacy Act (1974) and the Personal Information Protection and Electronic Documents Act (PIPEDA) and any other relevant legislation. To the extent there is additional protection afforded to you pursuant to the law, which is not set forth herein, Kinpoint agrees to take such measures to give full effect to such additional protection. Kinpoint respects the privacy of each individual with which it comes into contact.
You must have an active FamilySearch account with ordinance access to use the App.
We collect and use personal information, including your FamilySearch username, password, and account data. We also collect and use other data associated with or belonging to your FamilySearch account, including data from FamilySearch's common pedigree which may be associated with your account.
With respect to in-app purchases and app store billing services, the App accesses your purchase inventory for the App only.
We collect anonymous analytical data concerning the App to help improve the App and its related services.
Any or all of the above described data may be cached at any time in the App as well as on Kinpoint servers providing service to the App. Usernames and passwords are stored only within the App itself and passwords are internally encrypted.
Stored data is saved and used as long as necessary to facilitate the features of the app and is deleted thereafter. Anonymous analytical data may be stored and used indefinitely, including transfer to other corporate computers for processing or storage. Such data may also be used for purposes beyond simply providing or improving the features of the App.
We do not share any of the above data or information with anyone other than FamilySearch, Google, and the app store where you acquired the App. We share data with FamilySearch as necessary to provide the app's functionality on behalf of the user. We share data with Google as necessary to provide map services within the App. We share data with the app store as necessary to transact and track in-app purchases.
The App has full network access to communicate with FamilySearch and Kinpoint servers.
The App views your device's network connections to the extent necessary to determine if the device is connected to a network.
We do not use or collect your geographic location.
We take reasonable steps to secure your use of the App and any personally identifiable information routed to the App from FamilySearch against unauthorized access or disclosure. All communication between the App and other servers is encrypted. Payment for the App is through third parties (such as Apple or Google) which encrypt transmission of data and employ other security features when you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.
Information regarding your use of the App may be disclosed upon our receipt of a subpoena or other request for information required in connection with legal proceedings, provided that we will make reasonable efforts to advise you of such request in sufficient time for you to seek a protective order or other remedy.
If you have any questions or concerns about our privacy policies, please contact us: