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FamilySearch International; 2023-03-06; PSALCA-23019LIB
PSALCA-23019LIB AFFILIATE LIBRARY AGREEMENT (USA/Canada) This AFFILIATE LIBRARY AGREEMENT (“Agreement”), dated ________________________, is between FamilySearch International, a Utah non-profit corporation (“FamilySearch”), and Carlsbad City Library, Carlsbad, CA (“Library”). BACKGROUND A.As a nonprofit, FamilySearch’s mission is to make the world’s genealogically relevant data freely and widely available. In pursuit of that mission, FamilySearch operates an extensive library system (including the website FamilySearch.org) and contracts with other institutions to further its reach. FamilySearch owns, or holds rights to distribute to patrons of its affiliated libraries, digital records of genealogical significance. B.Library is a library or archive that is independent of FamilySearch and provides public access to its collection in a facility located at 1250 Carlsbad Village Drive, Carlsbad, CA 92008 (the “Facility). C.FamilySearch is willing to make available to Library, and Library wishes to obtain from FamilySearch, access to select digital records available to affiliate libraries (“Affiliate Library Records”); and to that end Library desires to become an authorized “FamilySearch Affiliate Library.” In consideration of mutual promises and covenants set forth herein, the parties agree as follows: AGREEMENT 1.Obligations of Library. As a FamilySearch Affiliate Library, Library will do all of the following: •Remain open to the public, consistent with applicable laws against discrimination for places of public accommodation, during normal business hours. •Designate a static public IP address (or range of addresses) or proxy static IP address (collectively, the “Static IP Address”) for each building of the Library’s Facility. Notify FamilySearch of the Static IP Address via email at affiliatelibraries@familysearch.org. •Provide a sufficient number of stations (each a “Station”) with computers that have Internet access via the Static IP Address, together with other furniture and equipment as needed, to enable reasonable access by patrons to Affiliate Library Records. Provide an internet connection with a bandwidth of at least 10 Mbps, unless FamilySearch otherwise agrees. •Allow access to the Affiliate Library Records only through the Static IP Address and only by Library patrons who are physically present at the Facility, regardless of whether the patron accesses the Affiliate Library Records through a Library- owned computer at a Station or through the patron’s personal device, and by no other means. For clarity, the Library may not allow access by anyone not physically present at the Facility. •Prominently display the FamilySearch’s Mark (as defined below) on the welcome or login screen (or comparable menu of services) of Library-provided computers at Stations. Enable patrons using Library-provided computers to access FamilySearch.org by clicking on the Mark. •Comply, and take commercially reasonable measure to ensure that Library’s patrons comply, with all applicable laws (including copyright and data privacy laws) and with the Rights of Use agreement governing FamilySearch.org, located at https://www.familysearch.org/terms. If requested by FamilySearch, display signage provided by FamilySearch to remind patrons of their obligations under the FamilySearch Rights and Use agreement, including that Affiliate Library Records are subject to laws and contractual obligations that may restrict their use. •Allow the use of Affiliate Library Records solely for non-commercial personal use. For clarity, Library may not publish the Affiliate Library Records (or any copy thereof) in any format, whether online in publicly or privately accessible websites, or otherwise. Nor may Library reproduce, modify, splice, divide, index, manipulate or harvest Affiliate Library Records in any medium at any time without the prior written permission of FamilySearch. Library may not (and may not to allow others) to remove or alter any copyright notices, watermarks, restrictions, or other notices that are included with any portion of the Affiliate Library Records. FamilySearch Affiliate Library Agreement (2017) 4819-7348-2066 USA/Canada version DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 3/6/2023 cCJc 'FamilySearch PSALCA-23019LIB FamilySearch Affiliate Library Agreement (2017) 4819-7348-2066 USA/Canada version 2 •Promptly notify FamilySearch upon becoming aware of any misuse, loss or damage of or to Affiliate Library Records. •Charge no fees of any kind to Library patrons for use of a Station or access to the Affiliate Library Records. 2.Obligations of FamilySearch. FamilySearch will designate Library as a FamilySearch Affiliate Library and provide access to Affiliate Library Records via the Static IP Address during the term of this Agreement, provided that Library, in FamilySearch’s discretion, complies with all of Library’s obligations outlined above. FamilySearch provides access to the Affiliate Library Records subject to the following understandings: 2.1. Changes in Affiliate Library Records. Library agrees and acknowledges that FamilySearch may add or remove records or data or make any other changes to the Affiliate Library Records at any time, for any or no reason and without notice at FamilySearch’s sole discretion. 2.2. Title to Affiliate Library Records. As between FamilySearch and Library, title to the Affiliate Library Records will at all times remain in FamilySearch. FamilySearch conveys no rights of any kind to Library or any patron, except the limited right of access as expressly provided in this Agreement. 2.3. ALL FAMILYSEARCH SERVICES ARE PROVIDED “AS IS”. NEITHER FAMILYSEARCH NOR ITS AFFILIATES MAKES ANY WARRANTIES, CONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FAMILYSEARCH MAKES NO WARRANTY THAT ITS SERVICES WILL MEET LIBRARY REQUIREMENTS, SPECIFICATIONS, EXPECTATIONS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, THAT THE SERVICES WILL OPERATE IN COMBINATION WITH LIBRARY HARDWARE, SOFTWARE OR SYSTEMS. LIBRARY ACKNOWLEDGES THAT FAMILYSEARCH DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. 3.FamilySearch’s Mark. FamilySearch grants to Library a limited, non-exclusive, non-transferable license during the Term to use FamilySearch’s logo (the “Mark”) solely for the limited purposes: (a) to enable Library to display the FamilySearch Mark on a welcome or login screen that patrons view before accessing the Affiliate Library Records, and (b) for publicity approved in advance by FamilySearch, as provided below in Section 4. From time to time, FamilySearch will provide Library with an electronic high resolution image of the Mark. Prior to any use of the Mark, Library will submit to FamilySearch a proof of each intended use of the Mark for FamilySearch’s review and approval. FamilySearch must pre-approve any and all such uses. Once approved, Library may use the Mark only in the form and manner approved by FamilySearch. Library may not modify or alter the Mark in any way, including size, proportions, colors, elements, type or in any other respect, without the prior written approval of FamilySearch. 4.Publicity. Neither party may use the other party’s name, likeness, trademark, service mark, logo, nor other identifying information in connection with any publicity, except as approved in advance by the other party. In no event may Library or its agents state or imply any approval, sponsorship or endorsement by FamilySearch, its sponsor or any affiliated entities. 5.Independent Contractor. Nothing in this Agreement or any other agreement or understanding with any party will be construed as making Library and FamilySearch partners, agents, joint ventures, or alter egos of each other or any other entity. Library will not obligate FamilySearch for any debts or liabilities. Library will not represent that Library has authority to legally bind FamilySearch. Library will at all times remain an independent contractor. Library acknowledges and agrees that Library and Library’s agents are not employees of FamilySearch now or in the future. Library is solely responsible for Library’s taxes and all applicable workers’ compensation, disability and unemployment insurance contributions related to Library’s performance of obligations under this Agreement. Library’s agents are not entitled to statutory benefits of workers’ compensation or unemployment charged to FamilySearch or fringe benefits of any kind. 6.Term and Termination. The term of this Agreement is one year, and will automatically renew in successive one-year increments unless either party provides 30 days written notice to the other party. Either party may terminate the Agreement at any time, for any reason or no reason, and without penalty, liability or obligation of any kind, upon 30 days prior written notice, and may terminate the Agreement immediately upon written notice to the other party of material breach; provided, however, that termination for breach shall be subject to a 20-day cure period from the date of notice of breach. Notwithstanding anything to the contrary, Library agrees and acknowledges that FamilySearch may suspend or terminate Library’s access to the Affiliate Library Records immediately and without notice if FamilySearch determines its sole discretion that Library or its patrons are misusing the Affiliate Library Records in violation of this Agreement. DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 PSALCA-23019LIB FamilySearch Affiliate Library Agreement (2017) 4819-7348-2066 USA/Canada version 3 7.Notice. Any official notice given under the terms of the Agreement must be in writing and sent via email, U.S. mail, or commercial courier service in a manner calculated to reach the other party, at the following addresses: If to FamilySearch: Director, Family History Library 35 North West Temple Salt Lake City, Utah 84150 E-mail: affiliatelibraries@familysearch.org With a copy to: Office of General Counsel 50 East North Temple Salt Lake City, Utah 84150 If to Library: Library & Cultural Arts Director, Suzanne Smithson 1775 Dove Lane Carlsbad, CA 92011 E-mail: suzanne.smithson@carlsbadca.gov All notices will be effective upon receipt. 8.Miscellaneous. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes and integrates all prior discussions, agreements, and understandings pertaining thereto. No modification of this Agreement will be effective unless in writing and signed by both parties. Any failure by either party to exercise any of its rights hereunder will not be deemed a waiver of any rights or remedies that such party may have, and will not be deemed a waiver of any subsequent breach or default. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement; provided, however, that in the event that the invalidity or unenforceability of any provision of this Agreement has a material adverse effect on any of the rights or obligations of the parties, the parties will negotiate in good faith to modify the Agreement to effect, as closely as possible, the original intent of the parties. This Agreement will be binding upon and inure to the benefit of the parties, their successors, assigns, and legal representatives, and will be governed by and construed in accordance with the laws of the State of Utah, United States of America, excluding conflict-of-law principles. If any dispute arises out of or relates to this Agreement, or either party believes the other party has breached this Agreement, the parties will use their commercially reasonable efforts to settle this dispute through correspondence, mutual consultation and other mediating efforts. If the parties are not able to resolve their dispute, the exclusive venue will be the state or federal courts in the State of Utah. The Parties consent to such jurisdiction and venue. Library may not assign any of its rights under this Agreement to any third-party without the prior written consent of FamilySearch, which FamilySearch may give or withhold in its sole discretion. Any attempt by Library to assign this Agreement in violation of this provision shall be null and void. This Agreement is neither intended nor shall it be construed in any way to create any third-party beneficiary rights in any person that is not a named Party to this Agreement. 9.Signatures. This Agreement may be executed by electronic signature and in counterparts, all of which shall be considered original and a single document for all purposes. Each person signing this Agreement on behalf of the respective parties personally warrants their authority to so sign and to bind the parties. Each of the parties has executed this Agreement by its authorized representative below: FAMILYSEARCH INTERNATIONAL: By: Name: LYNN C. TURNER Title: Family Search International Director CARLSBAD CITY LIBRARY Signature as authorized by the City of Carlsbad City Manager By: Name: SUZANNE SMITHSON Title: Library & Cultural Arts Director Tax ID number or GST: 95-6004793 APPROVED AS TO FORM: For CINDIE K. McMAHON, City Attorney By: _______________________________________ Allegra Frost, Assistant City Attorney ATTEST: For SHERRY FREISINGER, City Clerk By: ____________________________________ Tammy McMinn, Senior Deputy Clerk DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:34 AM Privacy Policy — FamilySearch.org https://www.familysearch.org/legal/privacy 1/6 Privacy Notice - FamilySearch (Updated 2021-04-06) FamilySearch International (“FamilySearch”) is a nonprofit family history organization headquartered in the United States. Creating an online account lets you access the services and applications offered on FamilySearch.org, including to build a family tree; connect with family members; and access and share family photos, digital records, recorded oral histories, and other memorabilia submitted by you or your relatives or which have been obtained from public and historical sources worldwide (“Data”). The Church of Jesus Christ of Latter-day Saints (the “Church”) sponsors FamilySearch as a public service. Your creating an account does not mean you endorse the Church or that you are or will become member of the Church. If you are not a member of the Church and you create a FamilySearch.org account, any references in this Notice to joining the Church, membership records, religious ordinances, missionary service, or volunteer or leadership positions do not apply to you. We will ONLY process your Data in connection with the services and applications offered on FamilySearch.org for the following purposes: To authenticate your access to your FamilySearch account and other FamilySearch applications and services; To help you and your relatives create and build your family tree; As initiated by you, to assist others, including your family members, with family history research; As initiated by you, to communicate and collaborate with others in completing research, such as in our discussion feature; To notify you of new FamilySearch applications and services and invite your participation; To communicate with you, including responding to your inquiries, alert you to new potential relatives in your family tree, and provide you with information with respect to technical, DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 • • • • • • 2/17/23, 11:34 AM Privacy Policy — FamilySearch.org https://www.familysearch.org/legal/privacy 2/6 security, or other operational issues. To build and improve our applications and services; To conduct scientific, statistical, and historical research; To detect against error, fraud, or criminal activity, and enforce our Terms of Use; and For any other purposes outlined in the FamilySearch Terms of Use. If you are a member of the Church, the entirety of this Notice applies to you. Regardless of your membership in the Church, you may adjust what personal data is visible to other FamilySearch users or to the public at any time by changing your privacy settings. The servers to which Data will be transferred and on which your Data will be processed and stored may be located outside of your country of residence. In this Notice, we, The Church of Jesus Christ of Latter-day Saints and its entities, provide you with information about how we process your personal data. When referring to "us" or "we" or "our" we mean the Church and Church entities. 1. Who controls your personal data? The Church of Jesus Christ of Latter-day Saints acts through its representatives and Church entities when we process your personal data. When you share personal data with us, you are sharing it with the Church through Church entities. a. The Church: The Church of Jesus Christ of Latter-day Saints (the " Church") is a community of people who believe the same religious doctrine, practice the same religious rites and ordinances, and are governed by ecclesiastical principles. Local units of the Church, such as wards, branches, stakes, districts, missions, and areas, are merely subdivisions of this community of believers and are not separate legal entities; limited exceptions apply. b. Church entities: To satisfy temporal affairs needs and fulfill other purposes of the Church, a legal structure composed of various distinct legal entities assists the Church throughout the world. These distinct legal entities (herein " Church entities") are legally separate from the Church. One of those Church entities, The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, together with one or more other Church entities, processes your personal data as responsible joint data controllers. Some Church entities may receive personal data as data processors to provide services to those Church entities that act as data controllers. At your request, we will provide you with information as to which Church entities process your personal data. 2.What personal data do we collect? We collect personal data that (a) you actively submit to us, (b) we record, and (c) we obtain from third parties. We may process your personal data with or without automatic means, including collection, recording, organization, structuring, storage, adaptation or alteration, analysis, retrieval, consultation, use, disclosure by DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 • • • • 2/17/23, 11:34 AM Privacy Policy — FamilySearch.org https://www.familysearch.org/legal/privacy 3/6 transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction of your personal data. a.Actively submitted data. You submit personal data to us when you join the Church, seek Church ordinances, request Church materials, request access to Church tools or services, or engage in other interactions or communications with the Church. When you interact with the Church, we generally process name, birth date, birthplace, telephone number, email address, physical address, photo, gender, donation/payment information, and so on. You may provide us with additional information to participate at your own initiative in surveys, contests, or other activities or events, including when you participate in video or audio recordings, such as when using video conferencing technology. Participation in surveys, contests, and similar activities is optional. If you do not wish to participate in, or provide personal data in connection with, such activities, this will not affect your membership status or ability to use available Church tools or services. In each such case you will know what personal data you provide to us because you actively and voluntarily submit the data. b. Data we obtain from third parties and passively submitted data. When local law permits, you may submit personal data, including contact information about someone other than yourself (in other words, a third party) to allow us to make contact with that person, make a delivery, or otherwise meet your request. When providing personal data about anyone other than yourself, you must first obtain the other person’s informed consent if his or her consent is legally required. If you or someone else has provided us with your personal contact information and you would like to request that we do not contact you further, please follow the unsubscribe or opt-out procedures provided on the specific site, newsletter or email notification, or please contact us at www.familysearch.org/dataprivacy. We may process and make publicly available personal data obtained from published sources. We may process and publish living information in compliance with applicable local laws. Your location-based information may be collected by some mobile applications for the purpose of helping you find the nearest temple or meetinghouse location or for a similar reason. You can edit the settings on your device to opt out of location-based services. When you visit any of our resources, our servers (using log files or filtering systems) may collect information that your web browser sends any time you visit a website. This information may include but is not limited to your Internet Protocol address (IP address), browser type, operating system, language preference, any referring web page you were visiting before you came to our site, the date and time of each visitor request, information you search for on our resources, and other information collected by cookies or similar technologies. Please refer to the Cookie Preferences tool (“Cookies Tool”) posted on each of our mobile applications and websites to learn more about cookies, including the types of cookies and to specify which cookies we use. If you do not accept cookies, however, you may not be able to use some sections or functions of our sites or applications, as outlined in the Cookies Tool. 3. For what purposes do we process personal data? DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:34 AM Privacy Policy — FamilySearch.org https://www.familysearch.org/legal/privacy 4/6 We process personal data for ecclesiastical, genealogy, humanitarian, social welfare, missionary, teaching, and other operational and administrative purposes. We use personal data to provide ecclesiastical and other related services to fulfill the mission of the Church. We may use and analyze personal data (including data about how you use our tools and services) to (a) contact you or others, (b) create and maintain membership records, (c) fulfill requests you make, (d) seek your voluntary feedback, (e) customize or personalize features or content on our tools or services, (f) evaluate eligibility to participate in temple and other ordinances, missionary service, volunteer or leadership positions, or (g) administer Church religious education, welfare, or other Church programs. In this context, the legal basis for our processing of your personal data is either the necessity to perform contractual and other obligations that we have towards you or carrying out of our legitimate activities as a church. We may also use your data to comply with applicable laws and exercise legal rights as the basis for our data processing. We may also use your personal data for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the Church. 4. With whom do we share personal data? We share your personal data with other parties in the following circumstances: a. Third-party providers. We may provide personal data to third parties for their processing in performing functions on our behalf as data processors (for example, payment processing, maintenance, security, data analysis, hosting, measurement services, data-driven social media messaging, surveys, and so on). In such instances, in accordance with this Notice and applicable laws, the providers will be contractually required to protect personal data from additional processing (including for marketing purposes) and from transfer. b. Church entities. We may transfer personal data to any Church entity to accomplish Church purposes. Your general membership information (if you are a member of the Church) and any optional information you may choose to provide (for example, email address and photo or video that you provide or that we capture with your permission) may be shared with Church members in your ward or branch and stake or district, or with other participants in a program in which you participate, as necessary for the Church purposes listed above. Some of your information may also be viewable on a limited and restricted basis on our internet resources, including ChurchofJesusChrist.org. You may opt out of sharing information or limit the optional information you share by modifying your profile preferences on individual resources or by contacting us using the information provided below. c. Legal requirements. We may access and disclose your personal data, posts, journal entries, online chats, personal notes, content, or other submissions to any resource if we have a good-faith belief that doing so is required by a subpoena, by a judicial or administrative order, or is otherwise required by law. Additionally, we DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:34 AM Privacy Policy — FamilySearch.org https://www.familysearch.org/legal/privacy 5/6 may disclose your personal information and other information: as required by law or to exercise or defend legal rights; to take precautions against liability; to protect the rights, property, or safety of the resource of any individual or of the general public; to maintain and protect the security and integrity of our services or infrastructure; to protect ourselves and our services from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; or to assist government law enforcement agencies. 5. Where do we store personal data? We may store your personal data in data centers in the United States, in cloud storage solutions, or on the premises of Church entities. To ensure the adequacy of protection of data that we transfer to other jurisdictions, we have concluded data transfer and processing agreements between the respective Church entities and their service providers, which agreements include Standard Contractual Clauses approved by the European Commission in compliance with EU law (which you may be entitled to review if you contact us as suggested at the end of this Notice). 6. How do we secure personal data? We use technical and organizational measures to protect the personal data we receive against loss, misuse, and unauthorized alteration and to protect its confidentiality. We regularly review our security procedures and consider appropriate new security technology and methods. We also use current encryption technology to encrypt the transmission of data on our log-in pages. However, because we cannot guarantee the complete security of these encryption technologies, please use caution when submitting personal data online. 7. How long do we retain personal data? We retain collected personal data, including information collected via mobile applications and other submissions, for a reasonable period of time to fulfill the processing purposes mentioned above. We then archive it for time periods required or necessitated by law or legal considerations. When archiving is no longer required, we delete personal data from our records, with the exception of limited historical profile information, general genealogy records, and personal information retained as part of a permanent genealogical, membership, or Church historical record. 8. How can you access and correct your personal data? We endeavor to maintain the accuracy of personal data and rely on you to ensure your personal data is complete and accurate. You may request access to your personal data and verify, correct, or rectify (including update) it, and block your personal data through your website-specific registration, through your profile, or through your Church Account, as applicable. If you are a Church member, some of your personal data may be updated only by making changes to your Church membership record. Such changes must be made by contacting the clerk in your Church unit and requesting the change. DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:34 AM Privacy Policy — FamilySearch.org https://www.familysearch.org/legal/privacy 6/6 You may contact us to exercise additional statutory rights such as data portability, objection in accordance with applicable laws, restriction of processing, and erasure of your personal data. You also have the right to lodge a complaint with a supervisory authority. If you experience problems with modifying or updating your personal data, you can contact us as suggested at the end of this Notice. 9. Effective date and amendments. This Notice is effective April 6, 2021 and may be amended from time to time. 10. Contact us. Inquiries concerning this Notice or the security of personal data that we process may be sent through our website, fax, or mail: Web: www.familysearch.org/dataprivacy Fax: +1-801-240-1187 Address: Data Privacy Office 50 East North Temple Street Salt Lake City, UT 84150-0005 USA FamilySearch Terms of Use (Updated 2021-09-27) | Privacy Notice (Updated 2021-04-06) © 2023 by Intellectual Reserve, Inc. All rights reserved. A service provided by The Church of Jesus Christ of Latter-day Saints DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:28 AM FamilySearch Rights and Use Information — FamilySearch.org https://www.familysearch.org/legal/terms 1/7 FamilySearch Terms of Use (Updated 2021-09-27) There are local variations where legally required By using this site, you agree to the conditions set forth below (this “Agreement”). If you disagree with any of the conditions of this Agreement, do not use this site. We reserve the right to change this Agreement at any time, so please check for changes to this Agreement each time you use this site. Your continued use of this site following the posting of changes to this Agreement means that you accept those changes. Licenses and Restrictions This site, which is dedicated to family history and genealogical research, is owned and operated by FamilySearch International, a Utah corporation with its principal offices in Salt Lake City, Utah, U.S.A. (hereinafter “FamilySearch”, “we”, “us”, or a similar term), a nonprofit organization that is affiliated with The Church of Jesus Christ of Latter-day Saints (“Church”). All material found at this site (including visuals, text, icons, displays, databases, media, products, services, and information) is owned or licensed by us. Unless otherwise indicated, you may view, download, and print materials from this site only for your personal, noncommercial use (including such use in connection with your calling in the Church), or for your use as a volunteer indexer in connection with the FamilySearch Indexing Program pursuant to the FamilySearch Indexing Program Terms and Conditions or the FamilySearch Indexing Software License Agreement. You may not post content from this site on another website or on a computer network without our permission. You may not transmit or distribute content from this site to other sites. You may not use this site or information found at this site (including the names and addresses of those who have submitted information) to sell or promote products or services, to solicit clients, or for any other commercial purpose. DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 © 2/17/23, 11:28 AM FamilySearch Rights and Use Information — FamilySearch.org https://www.familysearch.org/legal/terms 2/7 Professional genealogists may use this site or family history center resources to research information for and provide documents to a client for the client’s personal, noncommercial use. However, professional genealogists may not solicit or arrange business, promote themselves, or receive payments on this site or other Church property. In addition, materials from this site may be reproduced by media personnel for use in traditional public news forums unless otherwise indicated. Any other use of information or materials found at this site, including any use by organizations or legal entities, is not permitted without our prior written permission. (See “Permission to Use Copyrights and Trademarks” below.) Notwithstanding the foregoing, we reserve sole discretion and right to deny, revoke, or limit use of this site, including the reproduction and any other use of any materials available through this site. It is not our responsibility, however, to determine what “fair use” means for persons wishing to use materials from this site. That remains wholly a responsibility of individual users of this site. Furthermore, we are not required to give additional source citations, or to guarantee that the materials of this site are cleared for any alternate use. Such responsibility also ultimately remains with individual users of this site. However, we maintain the right to prevent infringement of Church materials and to interpret “fair use” as we understand the law. This site is not intended for use in the Russian Federation and, therefore, should not be accessed within the Russian Federation. Moreover, due to local legal considerations in Japan, we do not generally allow residents of Japan to access this site. In some instances, subject to legally necessary measures and controls, we may allow limited access to specially authorized individuals and registered Church members in Japan. Permission to Use Copyrights and Trademarks To request permission for use of Church copyrighted material or trademarks, please follow this link: Request Permission Note: The approximate time frame for receiving a reply is 45 days. Requests involving considerable quantities of material may take longer. Other Requests Other types of requests may be submitted to one of these sites. FamilySearch: Questions or requests relating to FamilySearch can be managed through the FamilySearch Help Center or FamilySearch Learning Center. Church History Library: Questions relating to materials available from the Church History Library should go through the Church History Library Catalog. Church Account: Questions relating to your Church Account and password can be answered at Church Account. Registration Obligations DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 • • • 2/17/23, 11:28 AM FamilySearch Rights and Use Information — FamilySearch.org https://www.familysearch.org/legal/terms 3/7 In consideration for the use of this site, you represent that (a) you have read and agree to the terms of this Agreement, and (b) that you are legally able to register (if required) to use this site and any other FamilySearch affiliated site. If you submit personal information to this site, you agree to provide true, accurate, current, and complete information about yourself (including during the registration process) and to maintain and keep current and accurate this information about yourself, should it ever change. If you provide false, inaccurate, inappropriate, or libelous information or images, we may suspend or terminate your account and use of this site. During the registration process, you will be asked to create a sign-in name and password to access certain portions of this or other FamilySearch affiliated sites. You are responsible for maintaining the confidentiality of your sign-in name and password. You are responsible for all activities that occur using this sign-in name and password. If someone else uses your sign-in name and password in such a way as to breach the terms of this Agreement, you remain responsible for his/her actions, and use of your sign-in name may be suspended or terminated. Licenses and Rights Granted to Us In exchange for your use of this site and/or our storage of any data you submit, you hereby grant us with an unrestricted, fully paid-up, royalty-free, worldwide, irrevocable, sublicensable, and perpetual license to use any and all information, content, and other materials (collectively, “Contributed Content”) that you submit or otherwise provide to this site (including, without limitation, genealogical data, images, writings, documents, materials, recordings, discussions, information, and data relating to deceased persons or anything else) for any and all purposes, in any and all manners, and in any and all forms of media that we, in our sole discretion, deem appropriate for the furtherance of our mission to promote family history and genealogical research. As part of this license, you give us permission to copy, publicly display, transmit, broadcast, perform, distribute, and otherwise use (and allow others to use) your Contributed Content throughout the world, by any means we deem appropriate (electronic or otherwise, including on the Internet). You also understand and agree that as part of this license, we have the right to create (and to allow others to create) and use derivative works from your Contributed Content by combining all or a portion of it with that of other contributors or by otherwise modifying your Contributed Content. Collaboration with Others You acknowledge that a primary purpose of this site is to enable collaboration between users of this site and other sites who wish to expand their genealogical databases and knowledge. You acknowledge that we may utilize Contributed Content, including any personal information of living individuals, that you submit for the purpose of collaborating and sharing with other individuals and organizations (including commercial genealogical organizations) in order, for example, to create a global common pedigree for the purposes of increasing participation in family history and preserving records throughout the world. You acknowledge that collaboration between multiple individuals and organizations allows us to obtain additional data that we may provide to users of this site—thus allowing users to extend their own ancestral lines. Our Privacy Notice provides more details regarding our use of your Contributed Content. You agree to input data accurately to the best of your knowledge. To maintain consistencies in traditional genealogical views available on this site (such as pedigree charts, landscape views, fan charts, and other views and charts), you agree to identify persons by their biological sex and input them in their traditional male DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:28 AM FamilySearch Rights and Use Information — FamilySearch.org https://www.familysearch.org/legal/terms 4/7 or female positions on these charts and views (e.g., father or mother). In a same-sex marriage, both spouses will be of the same sex. You may enter any notes regarding gender identity in the comments. Please refer to the Code of Conduct section for an outline of possible consequences for the improper entry of data. This site includes a discussion feature in which individuals can comment and otherwise provide Contributed Content regarding a particular deceased individual and provide details regarding that individual. We reserve the right to reuse the discussion information and other Contributed Content provided and to publish it to others in an effort to help resolve open issues posed or to help educate others. We ask you to be selective in the information you include in your online discussions and other Contributed Content, communicating instead through e-mail or other means where personal contact information or other personal or sensitive information is being provided. You acknowledge that any items you submit through the discussion feature will be viewable by anyone able to access this site. The discussion feature is intended to help collaboration efforts, to coordinate the correction of errors, and to facilitate additional research with other interested users. The discussion feature may not (a) be used for reasons irrelevant to the deceased individual being discussed, (b) include information that might harm or embarrass any living person, or (c) include offensive, indecent, inappropriate, threatening, or abusive language or content. Disagreements regarding facts pertaining to a deceased individual are likely to occur, and such disagreements should be set out in clear terms based on the facts and citing sources where possible, without resorting to abrupt, insulting, or unkind language or comments. The discussion feature may not be used to provide links to external websites with inappropriate content (although links to related and tasteful information regarding deceased individuals may be appropriate) or in order to solicit business or offer research services. Although we have no obligation to do so, we reserve the right, in our sole and absolute discretion, to delete or edit Contributed Content provided in the discussion feature and similar features and to deny users access to such features for any or no reason. Please refer to the Code of Conduct section for an outline of the possible consequences for the improper use of the discussion feature and similar features. Software If you are able to download software at this site, you may only use that software as provided by the license agreement that accompanies the software. You are solely responsible for abiding by any export controls of the United States of America that may be applicable to any software provided on this site. Right to Submit Any Contributed Content you submit to this site is subject to this Agreement and to the FamilySearch Content Submission Agreement. You represent and warrant that you will not submit anything to this site that violates any third party’s rights (including, but not limited to, copyrights, privacy rights, publicity rights, contract rights, or other proprietary rights). Whenever you submit Contributed Content to this site, you are affirming that you have the legal right to submit that Contributed Content to us and to grant us and our sublicensees with the rights and licenses set out in this Agreement and in the FamilySearch Content Submission Agreement. You accept legal responsibility for our use of any Contributed Content you submit. You are solely responsible for all Contributed Content that you submit, post, or otherwise contribute to this site or to any other FamilySearch affiliated site. DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:28 AM FamilySearch Rights and Use Information — FamilySearch.org https://www.familysearch.org/legal/terms 5/7 Submitting Names for Church Temple Ordinances You should only submit the names of individuals in your own family line for vicarious temple ordinances, and you should not submit the names of unrelated persons such as celebrities or famous people, or those names gathered from unapproved extraction projects, such as Jewish Holocaust victims. Code of Conduct You agree that you will not individually, or as part of any collective effort, submit or post information to this site (either at registration, as a genealogical submission, through a discussion feature, or through any other feature where any Contributed Content can be provided) that could be deemed harmful or offensive to other users. You also agree not to impersonate another user for any purpose, including to hide your identity or to implicate another for your actions. You agree not to mine, collect, or use any information from this site in a manner that could harm, discredit, harass, or prejudice any person or entity. You further agree that, unless you have received our prior written permission, you will not use any software, technology, or device to perform a bulk download, to scrape content, or to otherwise harvest any information or materials from this site. You agree not to circumvent any of the controls or usage rules we have implemented. You agree not to reproduce, duplicate, copy, download, transmit, display, perform, make available to the public, sell, or otherwise use any portion of this site or its materials for any non-personal or commercial use. You agree not to engage in any activity with respect to this site, its content, or its users that could constitute a criminal offense or that could give rise to a civil liability. Moreover, you agree not to republish, broadcast, post, transmit, distribute, disassemble, decompile, emulate, reverse engineer, create derivative works from, or reconstruct this site, its services, source code, or content without our express prior written permission. You further agree to do nothing that might disrupt the flow of data to or from this site or impact the service or performance of this site. You understand that the result of harmful or offensive actions, or any other violation of this Agreement, may include revocation of your right to use this site (including your right to use this site, any other FamilySearch affiliated site, and any material therefrom) and legal action against you. Care of Submissions We intend to use reasonable efforts to preserve the integrity of your Contributed Content and to avoid errors or omissions in the content of this site. However, you agree that we shall be neither responsible nor liable for errors or omissions in any content you may find on this site, nor for loss, damage, or corruption of Contributed Content that you submit or post. Linking For your convenience, this site may contain links to websites operated by others. Such third-party sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made a good faith effort to link only to tasteful, appropriate sites, some may contain inappropriate or objectionable material. If you find such material while using a website that you accessed through a link on this site, please notify us immediately. We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other sites is legally permissible and consistent with the DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:28 AM FamilySearch Rights and Use Information — FamilySearch.org https://www.familysearch.org/legal/terms 6/7 expectations of those who use the Internet. However, if access to a particular website should be restricted, the operator of such site should promptly notify us. Data Privacy and Protection By using this site and submitting your personal information to us, you consent to the processing in the United States of America of any personal data that you submit in accordance with the Church’s Privacy Notice. You also agree to comply with all applicable laws regarding the transmission of personal data to or from the United States of America and the country in which you reside. Jurisdiction and Applicable Law This Agreement shall be governed by the laws of the State of Utah, United States of America, as applied to agreements entered into and to be performed entirely within the state, without giving effect to any principles of conflicts of law. Any action you bring to enforce this Agreement or any matters related to this site shall be brought in either the state or federal courts located in Salt Lake County, Utah, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree to this regardless of your location or any inconvenience to you. If any provision of this Agreement is unlawful, void, or unenforceable in whole or in part, the remaining provisions shall not be affected, unless we determine that the invalid or unenforceable provision is an essential term to this Agreement, in which case we may at our sole discretion amend this Agreement. Limitations of Liability We are not liable for any special or consequential damages resulting from your use of, or your inability to use, this site or the materials in this site or any linked site, including, but not limited to, lost profits, business interruption, and loss of programs or other data on your information handling system. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or any linked site. Disclaimers THIS SITE AND THE MATERIALS AT THIS SITE AND ANY LINKED SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Trademarks The following is a non-exhaustive list of Church trademarks and service marks: DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:28 AM FamilySearch Rights and Use Information — FamilySearch.org https://www.familysearch.org/legal/terms 7/7 FamilySearch International Genealogical Index Personal Ancestral File The Church of Jesus Christ of Latter-day Saints Liahona Book of Mormon Mormon LDS CTR These marks are identifiers of Corporation of the President of The Church of Jesus Christ of Latter-day Saints or Intellectual Reserve, Inc. and are registered in the United States and other countries. For additional information regarding Church trademarks and service marks and their proper use, please see Guidelines for Use of Church Trademarks. Questions For further assistance or information regarding Church trademarks and copyrighted materials, you may contact the Church’s Intellectual Property Office at: Phone: 1-801-240-3959 or 1-800-453-3860, ext. 2-3959 Fax: 1-801-240-1187 E-Mail: cor-intellecutalproperty@ChurchofJesusChrist.org Updated: 2021-09-27 FamilySearch Terms of Use (Updated 2021-09-27) | Privacy Notice (Updated 2021-04-06) © 2023 by Intellectual Reserve, Inc. All rights reserved. A service provided by The Church of Jesus Christ of Latter-day Saints DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:34 AM FamilySearch Content Submission Agreement — FamilySearch.org https://www.familysearch.org/legal/familysearch-content-submission-agreement 1/3 FamilySearch Content Submission Agreement (Updated 2018-09-01) FamilySearch International (“FamilySearch,” “we”, “us”, or a similar term) is a nonprofit organization affiliated with The Church of Jesus Christ of Latter-day Saints. The liability and obligations of FamilySearch in connection with the publishing and other use of any information or materials contributed by you to FamilySearch.org (this “Site”) is strictly limited by this Site’s Terms of Use (the “Terms of Use”) and by this FamilySearch Content Submission Agreement (this “Agreement”). This Agreement restates and/or supplements the Terms of Use; it does not replace the Terms of Use. Both the Terms of Use and this Agreement are incorporated into each other as if explicitly recited, each in the other. By submitting, contributing, or posting any information or materials to any portion of this Site, you agree to the Terms of Use and all terms and conditions of this Agreement. 1.You are Responsible for Your Contributed Data. The decision to upload information, content, genealogical data, images, writings, documents, recordings, discussions, comments, or other materials (collectively and individually, “Contributed Content”) to this Site is your responsibility. All Contributed Content that you upload to this Site may be displayed and be available for others to search, view, hear, and otherwise use in accordance with the Terms of Use and this Agreement. Do not contribute anything which you do not want to be accessed by others. 2.Right to Submit. By submitting Contributed Content to this Site, you affirm that you have the legal right to contribute such Contributed Content and that its submission and use in accordance with Terms of Use and this Agreement will not violate any third party’s privacy rights, publicity rights, contract rights, copyrights, or other proprietary rights. By affirming your legal right to submit Contributed Content, you accept legal responsibility for our (and our sublicensees’) use of your Contributed Content. DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 © 2/17/23, 11:34 AM FamilySearch Content Submission Agreement — FamilySearch.org https://www.familysearch.org/legal/familysearch-content-submission-agreement 2/3 3.Copyright. We are sensitive to the copyright and other intellectual property rights of others. Be aware that content, including photographs, stories, and personal experiences, even if submitted to a portion of this Site which is relevant to you, remains the property of the creator or submitter. You should not reproduce it without permission of the owner. Photographs of living individuals, except your own minor children, must not be posted without their consent. When creating an audio / voice recording, the personal content recorded should be your own, or if the creation of another (for example a poem or article), be used by permission of the owner. 4.Licenses and Rights Granted to Us. By submitting Contributed Content to this Site, you grant FamilySearch with an unrestricted, fully paid-up, royalty-free, worldwide, irrevocable, sublicensable, and perpetual license to use any and all Contributed Content that you submit or otherwise provide to this Site, for any and all purposes, in any and all manners, and in any and all forms of media that we, in our sole discretion, deem appropriate for the furtherance of our mission to promote family history and genealogical research. As part of this license, you give us unlimited permission to copy, publicly display, transmit, broadcast, publicly perform, distribute, sublicense, create derivative works from (including, without limitation, by combining all or a portion of your Contributed Content with that of other contributors or by otherwise modifying your Contributed Content), and to otherwise use (and allow others to use) your Contributed Content throughout the world, by any means we deem appropriate (electronic or otherwise, including on the Internet). 5.Accuracy of Contributed Data. You agree to provide true, accurate, and complete information to us. If any information you provide is, in our sole and absolute discretion, false or misleading, we shall have the right, but not the obligation, to take any remedial or preventative action we deem appropriate in our sole discretion, including restricting access to, deleting, and/or editing any of your Contributed Content. 6.Sensitivity to Other Users. We ask you to be selective in submitting your Contributed Content. We reserve the right to remove any Contributed Content which we believe, in our sole and absolute discretion, (a) is irrelevant, (b) is potentially harmful or embarrassing to any living person, (c) is offensive, indecent, inappropriate, threatening, or abusive, or (d) otherwise violates this Agreement, the Terms of Use, or the Upload Guidelines and Policies. We may also take any action, including restricting access for violations of this Agreement and notifying law enforcement of any activity which appears, in our sole discretion, to violate applicable law. 7.Automated Screening. We reserve the right, without obligation, to monitor and edit your Contributed Content. We use automated filtering tools to suppress Contributed Content which appears in our best judgment to pertain to a living person or which violates the Terms of Use or this Agreement. Although we are not obligated to do so, we reserve the right to edit your Contributed Content for any or no reason. 8.Care of Submissions. We intend to use reasonable efforts to preserve the integrity of your Contributed Content and to avoid errors or omissions in the content of this Site. We provide the opportunity to submit Contributed Content subject to the Terms of Use and this Agreement. Such service and this Site are provided “AS IS”, and we shall be neither responsible nor liable for errors or omissions in any content you may find on this Site, nor for any loss, damage, or corruption of Contributed Content that you submit. You may withdraw any of your Contributed Content from this Site, but we shall not be required to remove links or references to withdrawn Contributed Content. Additionally, you acknowledge and agree that once we have sublicensed your DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:34 AM FamilySearch Content Submission Agreement — FamilySearch.org https://www.familysearch.org/legal/familysearch-content-submission-agreement 3/3 Contributed Content to others, we may not be able, and we will have no obligation, to have such sublicensees stop using such Contributed Content. We are not liable for any special or consequential damages resulting from your submission of Contributed Content or our refusal to accept your Contributed Content. Please see the Terms of Use for further information. 9.Data Protection Laws. If you are located outside the United States of America, you consent to the processing in the United States of America of any personal data that you submit. You also agree to comply with all applicable laws regarding the transmission of personal information to or from the United States of America and the country in which you reside. 10.Code of Conduct. Please carefully read the Code of Conduct section of the Terms of Use, which, along with all other sections of the Terms of Use, applies to this Agreement. Updated 2018-09-01 FamilySearch Terms of Use (Updated 2021-09-27) | Privacy Notice (Updated 2021-04-06) © 2023 by Intellectual Reserve, Inc. All rights reserved. A service provided by The Church of Jesus Christ of Latter-day Saints DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 2/17/23, 11:35 AM Text Messaging Terms and Conditions — FamilySearch.org https://www.familysearch.org/legal/text-messaging-terms-and-conditions 1/2 Text Messaging Terms and Conditions (Updated 2021-08-31) Program Description FamilySearch.org offers text messaging services for you to receive information about your ancestors, plus helpful news and tips. You may receive record hints, discoveries about your ancestors when available, or helpful news like new records or tips on genealogy. When you opt in, you will receive a confirmation message from FamilySearch.org. Message frequency may vary. By signing up, you confirm that you are over the age of 13. Cost FamilySearch.org does not charge any fee for joining text alerts. However, message and data rates charged by your wireless provider may apply. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text or data plan, it is best to contact your wireless provider. Opt-Out Information You can unsubscribe from this message service at any time by replying STOP. As per your request, you will no longer receive any text messages from FamilySearch.org. Help Information For additional information, just text HELP, and you will receive a response with contact information. Carriers MMS is not available with every carrier. Access denied and service unavailable error messages are often caused by spam blocking features activated on individual phone lines. Please contact your wireless provider DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 © 2/17/23, 11:35 AM Text Messaging Terms and Conditions — FamilySearch.org https://www.familysearch.org/legal/text-messaging-terms-and-conditions 2/2 about such errors. Note that mobile carriers are not liable for delayed or undelivered text messages. Some carriers may send messages using a short code or a special telephone number designed for high throughput, two-way messaging. Privacy If you have questions regarding privacy, please visit https://www.familysearch.org/legal/privacy. Data obtained through the short code program will not be shared with any third parties for their marketing reasons or purposes. Help and Contact Information For questions about the services provided, please visit: https://www.familysearch.org/help/helpcenter/. FamilySearch Terms of Use (Updated 2021-09-27) | Privacy Notice (Updated 2021-04-06) © 2023 by Intellectual Reserve, Inc. All rights reserved. A service provided by The Church of Jesus Christ of Latter-day Saints DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 02/14/2023 Carlsbad City Library Locations 1.Carlsbad City Library 1775 Dove Lane Carlsbad, CA 92011 2.Georgina Cole Library 1250 Carlsbad Village Drive Carlsbad, CA 92008 3.Library Learning Center 3368 Eureka Place Carlsbad, CA 92008 DocuSign Envelope ID: 052C8BEF-F157-4534-B629-42F998986909 Carlsbad City Library 1775 Dove Lane Carlsbad, Ca 92011 442-339-2011 p I 760-602-7942 f Georgina Cole Library 1250 Carlsbad Village Drive Carlsbad, CA 92008 442-339-2870 p I 760-434-9975 f Ccarlsbad City Library Library Learning Center 3368 Eureka Place Carlsbad, CA 92008 442-339-5500 p I 760-729-8150 f