Take a Name by Kinpoint
Terms of Use
Take a Name App – Terms of Use

("Agreement")

This Agreement was last modified on December 15, 2016.

Binding Agreement

Please read these Terms of Use ("Agreement") carefully before using the Take a Name mobile application ("the App") from Kinpoint, Inc. ("Kinpoint", "us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Take a Name mobile application. By accessing or using the App in any manner you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

Pricing

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.

Intellectual Property

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.

Termination

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.

Links To Other Sites

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.

Disclaimer & Limitation of Liability

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.

Limitation on Liability

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.

Governing Law

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.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of the Terms of Use do not use, access or continue to access the App or discontinue any use of the App immediately.

Contact Us

If you have any questions about this Agreement, please contact us at:

support@kinpoint.com

Privacy Policy
Take a Name App – Privacy Policy

This Privacy Policy for the Kinpoint, Inc. Take a Name App ("the App") was last modified on December 15, 2016.

General Policy

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.

Account Access

You must have an active FamilySearch account with ordinance access to use the App.

Data

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 operates by logging into your FamilySearch account on your behalf. See the FamilySearch Privacy Policy for additional information.

The App has full network access to communicate with FamilySearch and Kinpoint servers.

The App uses cookies to manage sessions with Kinpoint servers.

The App views your device's network connections to the extent necessary to determine if the device is connected to a network.

Location Information

We do not use or collect your geographic location.

App Store Requirements

Some app stores may require the app to state that it may use personal or other data from your device beyond the items outlined in this privacy policy. For example, although we do not use or collect your geographic location, some app stores require the App to acknowledge access to your geographic location in order for the App to use Google maps. Notwithstanding such app store requirements, this policy constitutes complete disclosure of the data used and collected by the App.

Security

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.

Legal Disclosure

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.

Modification

This Privacy Policy may be modified from time to time to take into account changes to functionality of the App and/or changes to legal requirements and standard industry practices.

Questions

If you have any questions or concerns about our privacy policies, please contact us:

support@kinpoint.com

FamilySearch
Ordinance Policy
LDS Church