Ancestry International DNA, LLC

Ancestry International DNA, LLC - Terms and Conditions May 24, 2017

Welcome to AncestryDNA. We offer DNA testing and genetic analysis to help users discover, preserve, and share their family history. Below are our detailed terms and conditions which you must read and accept before using our website located at AncestryDNA.co.uk (or the localised AncestryDNA website for your country, as applicable) (the "AncestryDNA Website" or "Website") or the various DNA testing and genealogical services provided through the Website.

These Terms and Conditions apply to users visiting or registering on or after May 24, 2017. For existing Users (as defined below), these Terms and Conditions will become effective on June 24, 2017. For the previous version of the Terms and Conditions, please click here.

  1. 1. Overview
  2. 2. Your Use of the AncestryDNA Website
  3. 3. DNA Testing
  4. 4. Additional User Information
  5. 5. User Provided Content
  6. 6. AncestryDNA Fees, Payments
  7. 7. Communications Between AncestryDNA and You
  8. 8. Modifications to this Agreement
  9. 9. Liability Disclaimer
  10. 10. Disputes
  11. 11. Miscellaneous
  12. 12. Contact Us

1. Overview

Before using the Website, ordering a DNA testing kit or having access to the results of the DNA testing, you must review and accept these terms and conditions which incorporate the AncestryDNA Privacy Statement and all other policies referred to herein by reference (the "Terms and Conditions" or "Agreement"). You are legally bound by this Agreement, which is between you and Ancestry International DNA, LLC ("AncestryDNA", "we", or "us"). This Agreement defines your rights and responsibilities as a user of the Website and DNA testing services ("User").

The AncestryDNA Website and the Services (as defined below) are operated and provided by AncestryDNA from the United States of America. DNA testing and access to the AncestryDNA Website are governed by this Agreement. This Agreement, is, to the extent permitted by the local laws of your country of residence, governed by the laws of the State of Utah and the United States.

Becoming a User and having DNA tested as a part of these Services results in your personal and genetic information being transferred to, and stored in the United States, and in your personal and genetic information being processed in the United States, Ireland and your country of residence and you specifically consent to the said transfer, storage and processing.

The AncestryDNA Website is part of the Ancestry family of websites (herein "Ancestry" and collectively, with its affiliates, subsidiaries, and group companies, the "Ancestry Group Companies"), which includes, among others, ancestry.co.uk, Ancestry.com.au, Ancestry.ca, Ancestry.com, rootsweb.com, and familytreemaker.com, as well as others and which are operated by different Ancestry Group Companies. AncestryDNA is a DNA testing service which delivers Users Results online and the AncestryDNA Website enables Users to connect with other Users (together the "Services"). The AncestryDNA Services can be used in conjunction with the Ancestry family of websites to enable Users to discover, research, and save family history, such as by searching the extensive databases of records on these websites and by utilising Ancestry's family tree services. AncestryDNA Users and users of the Ancestry family of websites (the "Ancestry Community") may also communicate with each other in order to collaborate and exchange family history related information. Each of the websites comprising the Ancestry Community are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them before using those websites.

Please note that to order a DNA Test and use the AncestryDNA Services, you will need to create and log into an Ancestry account however you are not required to become an Ancestry subscriber to order a DNA Test and use the AncestryDNA Services. Your use of an Ancestry website is subject to the terms and conditions and privacy statement of that Ancestry website.

The AncestryDNA Website and Services provided herein are intended for adults. If any minor gains access to the AncestryDNA Website, the parent or guardian of that minor will be held responsible for the minor's actions. If you submit a DNA sample of a minor you must be the minor's parent or legal guardian and provide written confirmation of such in a format acceptable to AncestryDNA if requested prior to Results for the relevant minor being provided.

These Terms and Conditions, together with the AncestryDNA Privacy Statement and any other legal notices or terms published by AncestryDNA on the Website, shall constitute the entire agreement between you and AncestryDNA concerning the Website and the Services. If you don't agree with any of these terms, you must not use the AncestryDNA Website or the Services.

2. Your Use of the AncestryDNA Website

The AncestryDNA Website contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users as well as the ability to download your raw DNA data (the "Content"). All Content is owned, licensed to and/or copyrighted by AncestryDNA and may be used only in accordance with this limited use license. The AncestryDNA Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Website are owned by or licensed to AncestryDNA. AncestryDNA and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the AncestryDNA Website subject to the terms and conditions of this Agreement. The licenses granted by AncestryDNA terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your agreement with AncestryDNA and may result in legal action against you.

Unless otherwise agreed in a separate agreement between you and AncestryDNA, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the DNA testing kit, Service, use of the Service, or access to the Service.

You may use the Services and the Content only for personal or professional family history research. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Website. We attempt to ensure that all Content on the Website is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Website is complete, accurate, reliable or error-free.

You may use any software provided on the AncestryDNA Website only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and any other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Services or the Content therein.

The Website may contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit AncestryDNA as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Website, you agree to obtain prior written permission from us.

By using the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will provide valid and complete contact information, and that you will always have a valid email address on file with AncestryDNA. In addition, the following rules are part of this Agreement and must be followed anytime you access the AncestryDNA Website:

  • A. You must not post or publish any information that you know is false, inaccurate, or misleading, such as impersonating any person or entity, falsely misrepresenting your affiliation with any person or entity, falsely claiming an endorsement that you do not have, or misrepresenting that you are an employee or representative of AncestryDNA or otherwise affiliated with AncestryDNA.
  • B. You must not reproduce, copy or sell any portion of AncestryDNA or the AncestryDNA database contents or systematically download the Content and data of the AncestryDNA database to make or populate another database or for any other purpose.
  • C. You must not interfere or attempt to interfere with the AncestryDNA Website in any manner. For example, you may not use any software program, virus or routine to block, obscure, overwrite or modify any Content or web pages or to destroy the software, hardware or telecommunications equipment of the AncestryDNA Website or another person.
  • D. You must not use the information the AncestryDNA Website or DNA tests (including any downloaded raw DNA data) in whole, in part and/or in combination with any other database, for any discriminatory, breach of privacy or otherwise illegal activity (for example, to re-identify any anonymous user or to make insurance or employment decisions).
  • E. You must not knowingly or wilfully submit defamatory or offensive Content to the Website.
3. The AncestryDNA Services

AncestryDNA Service includes a DNA test and an online service where Users can review their results, discover related content, and connect with other Users. All DNA testing performed by AncestryDNA on samples submitted for testing or by uploading a digital version of a DNA analysis is done for genetic and genealogical research, including population health and ethnicity-related analyses, and not to provide you individual medical or diagnostic purposes. AncestryDNA will analyse Users' genetic, genealogical, and health information, to provide results, including an ethnicity estimate, to each User (the "Results") and will use anonymised aggregated Users' Results to make discoveries in the study of genealogy, anthropology, genetics, evolution, languages, cultures, medicine, and other topics.

In addition, AncestryDNA can use the Results of Users’ DNA tests to identify potential relatives. If they choose, Users can utilise their Results and these matches in conjunction with an Ancestry account in order to grow their family trees and expand their family history research capabilities. Ancestry websites are separate subscription based services and are not part of the Services offered by AncestryDNA.

Before providing a DNA sample for testing, you represent that you are eighteen (18) years of age or older. In addition, you represent that any sample you provide is either your DNA or the DNA of a person for whom you are a parent or legal guardian or have obtained legal authorization to provide their DNA to AncestryDNA. By submitting DNA samples to AncestryDNA, you give permission to AncestryDNA to extract the DNA from the samples, perform genetic tests on the DNA using test methods available now and developed in the future, to disclose the results of the tests performed to you and others that you authorize, to store the samples for additional genetic testing (for example we may be able to provide more detailed and accurate Results by additional genetic testing in the future) and to store the results of the DNA tests, in each and every case subject to and in accordance with this Agreement and with the AncestryDNA Privacy Statement.

AncestryDNA does not claim any ownership rights in the DNA that is submitted for testing. Any Genetic Information (your DNA data and any information derived from it) belongs to the person who provided the DNA sample, subject only to the rights granted to AncestryDNA in this Agreement. You may request Ancestry delete your Genetic Information at any time through our website or by contacting our Member Services. You may also request the destruction of your DNA sample by contacting Member Services. If you have agreed to our Informed Consent, deletion of your Genetic Information is subject to additional provisions.

By submitting DNA to AncestryDNA, you grant AncestryDNA and the Ancestry Group Companies a royalty-free, worldwide, sublicensable, transferable license to host, transfer, process, analyze, distribute, and communicate your Genetic Information for the purposes of providing you products and services, conducting Ancestry’s research and product development, enhancing Ancestry’s user experience, and making and offering personalized products and services. In other words: we use your Genetic Information to provide products and services to you and improve our products and services for all our users. In addition, you understand that by providing any DNA to us, you acquire no rights in any research or commercial products that may be developed by AncestryDNA using your Genetic Information.

Any sharing of Genetic Information with third parties is governed by our Privacy Policy. Ancestry does not share Additional User Information with employers or insurance providers, or third party marketers without your consent. In addition, Ancestry will not share your Genetic Information with law enforcement unless compelled by valid legal process as described in our Privacy Policy. Any sharing of Additional User Information for external research purposes is governed by the Informed Consent.

You hereby release AncestryDNA from any and all claims, liens, demands, actions or suits in connection with the DNA sample, the test or results thereof, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

You confirm that in submitting your saliva sample it is not subject to any export ban or restriction in the country in which you reside. You also agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide the representations in this Agreement and you explicitly waive any laws or regulations relating to DNA testing and storage from the state or jurisdiction in which you reside to the extent permissible by applicable law. You agree that the sample will be tested and stored in the United States as provided in this Agreement. You further agree that your Results may only be accessible through the AncestryDNA Website and that you may not be able to use the Results in a website targeted to your country of residence or hosted outside the United States.

4. Additional User Information

You may choose to provide additional information about yourself or your family to Ancestry in response to our email surveys, or through our websites or Ancestry’s mobile application (“Additional User Information”). Additional User Information does not include account, profile, payment, or usage details necessary to provide the Service, or any User Provided Content. By voluntarily contributing Additional User Information, you grant AncestryDNA and the Ancestry Group Companies a royalty-free, worldwide, sublicensable, transferable license to host, transfer, process, analyze, as well as to distribute and communicate on an aggregated, non-identifiable basis, your Additional User Information for the purposes of providing you products and services, conducting Ancestry’s research and product development, enhancing Ancestry’s user experience, and making and offering personalized products and services.

Any sharing of Additional User Information with third parties is governed by our Privacy Policy. Ancestry does not share Genetic Information with employers or insurance providers, or third party marketers without your consent. In addition, Ancestry will not share your Additional User Information with law enforcement unless compelled by valid legal process as described in our Privacy Policy. Any sharing of Additional User Information for external research purposes is governed by the Informed Consent.

You hereby release AncestryDNA from any and all claims, liens, demands, actions or suits in connection with your Addition User Information, including, without limitation, errors, omissions, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

5. User Provided Content

Portions of the AncestryDNA Website allow you and other Users to contribute material to be displayed on the AncestryDNA Website ("User Provided Content"). We cannot, and expressly do not, accept any liability regarding such User Provided Content (including with respect to its accuracy). While we cannot preview or monitor User Provided Content, we may apply, at our discretion, automated filtering tools to monitor and/or delete any content that AncestryDNA believes to be in violation of this Agreement. We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement, illegal or inappropriate content, click here.

The decision to upload information to the AncestryDNA Website is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting material to the AncestryDNA Website, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon the request of AncestryDNA you agree to furnish AncestryDNA with any documentation, substantiation and releases we deem necessary or appropriate to verify and substantiate your compliance with this provision.

By submitting User Provided Content to AncestryDNA, you grant AncestryDNA and the Ancestry Group Companies a perpetual, royalty-free, worldwide, sublicensable, transferable license to host, transfer, process, analyse, distribute, communicate, and display your submission for the purposes of providing Ancestry’s products and services, conducting Ancestry’s research and product development, enhancing Ancestry’s user experience, and making and offering personalised products and services.

You hereby release AncestryDNA from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Website or the Services. Except for the rights granted in this Agreement, AncestryDNA acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.

6. AncestryDNA Fees and Payments

The different payment options and services offered will be published on the AncestryDNA Website or at the time a DNA Test or other service is offered. Any terms and conditions applying to such items or services will be incorporated into this Agreement.

Terms for DNA Tests and the Services. If you are not already registered with Ancestry you will be required to register with Ancestry when you proceed to order a DNA kit. Registration is free. You will need to retain your registration details in order to access your Results on the AncestryDNA Website. If you are already registered with Ancestry simply enter your log on details when prompted to do so.

You must be 18 years or older to order the AncestryDNA DNA Test and use the AncestryDNA Services. If you have reason to believe you have an active infectious disease, condition or disorder please do not return your kit to us until such time as that disease condition or disorder is no longer infectious or has been cured.

You must provide AncestryDNA with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement.

Cancellations and Refunds. You have the right to change your mind and cancel your order for a DNA test and receive a full refund at any time within 14 days of placing the order. To cancel please contact us using the contact details shown in Clause 11 below. You will be required to quote your order number when cancelling, which is the number sent out in the order confirmation email after you submit your order. Your right to cancel will lapse 14 days following the date of order. If you cancel your AncestryDNA test having already submitted it, you will not be able to access any DNA test Results. Your refund will only be provided via the credit card you used to purchase the AncestryDNA Services. Please allow a reasonable time for the credit to reach you.

Replacement Testing Kits. Should you require a replacement DNA testing kit, you may contact your local AncestryDNA members" services team using contact details set out below or set out on the Website and provide the same information that you provided when you ordered your AncestryDNA test. Replacement kits are £35.00 per kit (plus applicable shipping and handling).

Prices Subject to Change. Prices may be changed by AncestryDNA at any time.

7. Communications Between AncestryDNA and You

We may contact you (via the Website, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website or Services, of any related products and services or to seek feedback from you on the AncestryDNA Service and your Results. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the relevant Website(s) and changing your preferences. Please see our Privacy Statement for further information on how we manage and process your personal information.

8. Modifications to this Agreement

AncestryDNA may modify these Terms (including any of the terms or policies incorporated by reference herein), the Website, or the Services at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Changes will be posted on the Website or notified by email, postal mail or otherwise. If you do not accept these updated Terms or do not wish to be bound by changes following posted notices you should discontinue use of the Website and the Services.

9. Liability Disclaimer

We make no express warranties or representations as to the quality and accuracy of the Content, the Website or the Services, and we disclaim any implied warranties or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Website and the Services on an "as is" basis and do not accept responsibility for any use of or reliance on the Website, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Services. AncestryDNA does not guarantee the adequacy of the Services or Website or compatibility thereof to your computer equipment, mobile devices, and environment and does not warrant that the Website, the Services, their servers, or any emails which may be sent from AncestryDNA are free of viruses or any other harmful components.

To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of the use of money; (ii) loss of anticipated savings; or (iii) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Websites or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Websites and the Services. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

You agree to defend, indemnify and hold harmless AncestryDNA, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website and Services.

Ancestry may, from time to time, provide opportunities to Users of the Website to purchase services from third parties. Websites of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. AncestryDNA makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from AncestryDNA.

10. Governing Law

These Terms and any disputes arising out of or relating to these Terms, the Services or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of the State of Utah and subject to jurisdiction of the courts of the State of Utah. These laws may provide a different level of protection than in your country of residence however your mandatory statutory rights, including in relation to court jurisdiction, shall be unaffected.

11. Miscellaneous

Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available by Ancestry may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

Assignment. We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms in circumstances that will not affect your rights or our obligations under these Terms. These Terms are personal to you and, as a result, you may not without the written consent of Ancestry assign or transfer any of your rights and obligations under these Terms.

Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with the Privacy Statement and any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by AncestryDNA.

12. Contact Us

If you have any questions or comments, or would like to discuss AncestryDNA with our Customer Support staff, you can contact us as follows:

To contact Us by Email:
To contact Us by Phone:

Official correspondence must be sent via postal mail to:

Ancestry International DNA, LLC
Attn : Member Services
AncestryDNA
1300 W. Traverse Parkway
Lehi, UT 84043
USA