Man8rove Terms of Use

1. Introduction

Man8rove (hereinafter referred to as “the site”) is a website accessible at www.man8rove.com. It is hosted by OVHcloud. The use of the site implies the user's adherence to these general terms of use.

Man8rove's mission is to unite genealogical research efforts into a unified tree. It provides the necessary means and tools as a host. The registered user (hereinafter referred to as “the member”) has a Man8rove account and associated services that are more comprehensive than those available to a simple visitor. In particular, the member has the ability to edit the content of the genealogical tree. They are linked to their person in the tree, which allows them a more direct consultation of their own genealogical tree.

2. Registration

2.1. Modalities

Registration is open to individuals only. Indeed, each member is attached to a person in the genealogical tree. For a person in the genealogical tree, there cannot be more than one corresponding member, and reciprocally, for a registered member, there can only be one corresponding person in the genealogical tree. For this reason, an individual cannot have more than one Man8rove account.

A user gains member status after completing a registration form. Their registration becomes effective upon receipt of the electronic message confirming the registration sent by Man8rove to them. This information allows the user's identification and communication with them.

The registration process then includes a step of manual identification of the user to their person in the Man8rove genealogical tree. If the person is already present in the genealogical tree, their account is associated with that person in the tree. If they are absent, the person is added to the genealogical tree before being associated with the account. This step may require an email discussion between the user and Man8rove to accurately identify the user within the genealogical tree.

2.2. Member Identification

To create an account on Man8rove, the user provides their first and last name as per civil status, their email address, and whether they are male or female. In addition to this information, they choose a username and a password, following technical constraints indicated in the form. The member chooses their username in compliance with laws related to public order and good morals. They also refrain from disseminating any controversial messages (political or other) through their username. The controversial nature of the username is freely assessed by Man8rove. The member chooses a personal and confidential password. They are solely responsible for the use of their password. They commit not to disclose it. In case of forgetting their username or password, the member can provide their email address. They will then receive an email reminding them of their username and providing a secure link to reset their password.

In the event that the necessary information is clearly erroneous (fictitious or usurped identity, invalid email address, etc.), whether it be filling out the form or identifying the user to their person in the genealogical tree, Man8rove reserves the right to delete the corresponding account without notice. The member ensures that their email address is accessible to messages that will be sent to them by Man8rove. Being a member implies acceptance by the individuals registered on Man8rove to receive "service" messages, necessary for a good relationship between Man8rove and its members, for the proper use of the site by them, and for the possibility for members to communicate with each other. The member has the right to access and rectify their personal data provided during registration, which they can exercise by contacting Man8rove via the contact page.

2.3. Duration of Registration

The user's registration is carried out for an unlimited duration, without prejudice to the right of either party to unilaterally terminate, at any time, without having to justify reasons, and without compensation, the present relations. In particular, in case of violation of the provisions of these regulations by the member, Man8rove reserves the right to delete the corresponding account without notice. Data related to the account is kept until it is closed by the member.

3. Use

3.1. General Conditions

The content published on the site is under the CC BY-SA 4.0 license, which means that users are allowed to copy, modify, and redistribute the content for any use including commercial, but must credit the author and redistribute under the same conditions. The member waives asserting other rights over their own contributions. They also commit to respecting the conditions of reuse of the content they find elsewhere and wish to redistribute via the site.

Man8rove does not play an editorial role, it hosts a collective work while maintaining the necessary infrastructure and organizational framework. Man8rove does not generally monitor contributions and does not take responsibility for their content. However, if problems are brought to its attention, it reserves the right to remove the incriminated content and to take preventive measures against any new infringement.

3.2. Member Charter

The Man8rove genealogical tree is a collective work of collective interest based on trust. The resulting ease of use requires in return that members respect certain requirements, stated in the following charter.

Purpose

The purpose of using the site is genealogical. Any use for commercial advertising (advertising, solicitation) or political purposes is prohibited. The manifestly abusive use of the provided means (storage space, messaging, etc.) for purposes without genealogical interest is prohibited.

Legality

The member commits to respect French law within the site. Regarding publications, this includes among others intellectual property law, the right to one's image, the prohibition of defamation, etc. The publication of content not appropriate for all audiences is also prohibited. Furthermore, the member commits to take necessary actions if any person asserts their right to access, rectify, and delete data concerning them or a person under their parental authority, whether or not it is linked to their previous contributions.

Reality

The member commits to provide data as close to reality as possible, whether genealogical, biographical, or historical in nature. They particularly commit to not falsify genealogies, and to avoid reproducing false genealogies as much as possible. In particular, when civil or parish registers do not allow verifying the veracity of a genealogy (for example, when the concerned period is too ancient), the member must indicate their sources and the reasoning that led them to publish - or not publish - such a genealogy, as well as the remaining doubts. The member also commits to indicating the information that seems insufficiently founded. Furthermore, any source and reasoning can be contested by other users.

Integrity

The member commits to not alter or delete content unilaterally or without valid reason. For example, when it comes to removing a person from the tree, valid reasons are as follows: it concerns a living person asserting their rights over data concerning them, a non-existent person, an unidentifiable person, or a duplicate person. The member commits, if they delete or alter content inadvertently, realizes it, and cannot correct their mistake themselves, to contact Man8rove to attempt recovery of the lost data. Any act of clear vandalism towards the collective work hosted by Man8rove will lead to the deletion without notice of the incriminated account.

Compliance

The member commits to use the means and tools in the way they were intended, as needed by observing the way they are generally used on the site. This particularly includes filling forms adequately. More generally, the member commits to care for the presentation of the pages.

Collegiality

The member commits to collaborate in good understanding with other members. They cannot consider themselves "owner" of a record, solely authorized to edit its content, even if it concerns their close family. In case of disagreement with another member on a publication, they discuss it with them before contacting Man8rove if the conflict is not resolved.

Privacy

Regarding living persons, by default, the member should only provide the strictly necessary genealogical information, which includes: the surname, first name, gender, date, and place of birth of the individuals, as well as their strictly genealogical relationships (lineage, alliances). However, there are conditions under which it is possible to provide more information if the concerned person authorizes it or if it involves public information about a public figure. To unlock certain fields in the editing forms for individuals presumed to be living, a banner reminds this rule of privacy respect and allows the member to activate these fields by checking a box indicating the reason they are authorized to do so.

Goodwill

The member commits to not publish information likely to harm others (accusations, personal reproaches, criminal convictions, etc.), even if they are proven or publicly known, except in the case where they would present historical interest. This particularly applies to living persons or those who died less than one hundred and fifty years ago. The member also obliges as much as possible to a certain neutrality, by notably refraining from publishing any controversial content. The member commits to remain courteous, both in their publications and in their private messages.

4. Data Processing

4.1. Personal Identification Data of Members

This term refers to information about the member as a natural person, necessary for the existence of the account and voluntarily provided by the user upon opening the account. They are used only for identification and communication purposes. They are minimized to the necessary extent. They are not disclosed to third parties, except in cases of legal necessity, and their disclosure to other members is also minimized to the strict necessary. Thus, a member's email address is not communicated to other members, but a system allows sending a message to another user without having access to their address. Messages sent through this system are deleted as soon as they have been sent, so that Man8rove does not keep any conversation between two members. Man8rove commits to do its best to preserve the security of these data.

4.2. Personal Data of Members

This includes data that the member freely provides during their use of the site and which are intended for the member's exclusive use (photo albums, documents, personal notes, etc.). These data are not disclosed to third parties except in cases of legal necessity. The member has full control over them (creation, modification, deletion) subject to the respect of these general terms of use.

4.3. Shared Data

These data constitute all the information entered in the site's genealogical tree and accessible to other users. The processing of data collected by Man8rove for genealogical studies is done for historical and scientific research purposes in accordance with Article 89 of Regulation (EU) 2016/679. Concerning people who have been deceased for more than fifty years, Man8rove reserves the right to use as it sees fit the data concerning them provided by members, of whatever nature, within the limits of the CC BY-SA 4.0 license. Concerning living people or those who have been deceased for less than fifty years, Man8rove commits not to use the data concerning them for other purposes than making it available on the site or for purposes preserving the anonymity of the persons (statistical studies, for example). In particular, Man8rove commits not to resell these data. Everyone has the right to access, rectify, and delete the genealogical data concerning them or concerning a person under their parental authority, pursuant to Articles 15 and following of Regulation (EU) 2016/679. They can assert these rights via the contact page or through a member.

4.4. Contribution History Data of Members

This includes data tracing the actions of a member to edit the site's genealogical tree. They are collected for the purposes of transparency and collaboration. Each member can easily consult their own contribution history. A member cannot consult the entire history of another member, but they can see the contributions made in the parts of the tree that interest them, and by whom they were made. Man8rove can consult the entire history of a member, especially if their action is questioned by other members. The retention period of this history is six months. No other form of history (navigation, for example) is kept, except the dates of registration and last connection of a member.

4.5. Electronic Identification Data

4.5.1. Generalities on Cookies

Electronic identification data are recorded during navigation on the site by cookies, managed by the user's internet browser, which identify the terminal. The lifespan of cookies is less than 13 months.

4.5.2. Man8rove's Own Cookies

Mangrove's specific cookies include the automatic login cookie created when a member checks the 'stay logged in' box upon entering their credentials, and the cookie that sets the user's preferred navigation language.

4.5.2. Third-Party Cookies

Third-party cookies are specific to Google Adsense for displaying advertisements. They are managed via a consent management popup that complies with legal standards. Advertisements are only displayed to users who are not registered and logged in.

5. Responsibilities

5.1. User Responsibility

The user commits not to infringe any current legal or regulatory provisions. As such, they guarantee Man8rove against any recourse, actions, and claims based directly or indirectly on their use of the site that could be brought against Man8rove. They particularly commit to cover the payment of all sums, whatever they may be, that could be claimed from Man8rove or to the payment of which Man8rove could be condemned by a court decision, including legal fees. More generally, the user commits to indemnify Man8rove from all harmful consequences directly or indirectly linked to their use of the service.

The member, in particular, is solely responsible for the data they upload on Man8rove, whatever its nature, as well as the messages they send. They commit to ensuring that these data or statements are not likely to harm the legitimate interests of third parties.

5.2. Man8rove's Responsibility

5.2.1. Responsibility Regarding Content

Man8rove provides users with tools and means allowing them to conduct and publish their genealogical research. As such, it is considered a host in application of Article 6 of the Law for Confidence in the Digital Economy. As a host, Man8rove does not take responsibility for the non-respect of these general terms of use. Man8rove also does not take responsibility for the authenticity and reliability of the information contained on the site.

Man8rove reserves the right to delete without notice any content that does not respect these general terms of use, and commits to do so as soon as such a problem is brought to its attention. In particular, in case of disagreement among members regarding what should be published or not, Man8rove makes the final decision based on the member charter stated in 3.2. and what it deems, at its own discretion, to be the common good. Man8rove also does not take responsibility for inappropriate use of the messaging system between members.

Man8rove reserves the right to suspend or permanently delete a member's account who does not respect these conditions of use, especially if it is recurrent.

5.2.2. Technical Responsibility

The user declares to know and accept the characteristics and limits of the Internet, particularly in terms of technical performance, response times for consulting, querying, or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible diversion and the risks of contamination by possible computer viruses circulating on the network. Consequently, Man8rove can in no circumstance be held responsible for any damage linked directly or indirectly to one or another of these characteristics or limits. The connection of any user to the site and the use of all or part of the services is done under the user's full responsibility. It is up to every user to take the necessary measures to protect their own data and software stored on their computer equipment against any breach.

Man8rove strives, as far as possible, to keep the service accessible 7 days a week and 24 hours a day, but is not bound by any obligation to achieve this. Any update of the site may cause a temporary unavailability, which in no way could engage the responsibility of Man8rove. Likewise, Man8rove reserves the right to interrupt, suspend, modify, or end one or several services offered on the site, at any time and without notice, without having to justify. In this case, Man8rove's responsibility cannot be engaged in any way.

6. Evolution of the Site and These Terms of Use

Man8rove reserves the right to unilaterally modify and without notice the various services offered on the site as well as these general terms of use. The user acknowledges that they cannot make any claim in this respect. The modifications made are immediately binding on visitors after the new provisions, which can be freely consulted on the site, are broadcasted. Furthermore, every member of Man8rove is informed by email of the modification of the general terms of use and invited to expressly consult and accept the terms of the new general terms of use. If the user does not accept the modifications, they must express their refusal to Man8rove via the contact page. Consequently, they forbid themselves from using the site to the extent that this use is concerned by the non-approved modifications and, if necessary, Man8rove reserves the right to delete their access to the concerned services. If despite their refusal, the user nevertheless continued to use the service(s) concerned by the modifications, these modifications would be fully binding on them.