Terms & Conditions PDF Print E-mail

Important notification: Server shutdown of dynastree.com on the 31 January 2011! Read more in our blog.

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This document has been translated into English just for your information. In case of any discrepancy, the german version of this document (Allgemeine Geschäftsbedingungen) is the sole legally binding version and defines your relation to dynastree.

§ 1 - Subject of the Terms of Use

  1. These are the Terms of Use of OSN Online Social Networking GmbH (below dynastree). They apply to all contents, functions and other services, (below "applications") provided by the operating company on the internet at various domains (for example but not exclusively verwandt.de and all country- and sub domains such as dynastree, meusparentes.com.pt, miparentela.com, moikrewni.pl, parentistretti.it), below "dynastree". Subject of the Terms of Use is the regulation of the legal relations between dynastree and every natural and legal person, who uses the free service of dynastree. Registered users (below: members) have accepted these Terms of Use when registering and can use all services offered by dynastree for free.
  2. Apart from these Terms of Use, the legal relation between dynastree and its members is determined by the Privacy Policy. The Terms of Use and the Privacy Policy are also applicable, when the website of dynastree, or its parts, are used via other websites.
  3. For all contracts and orders concerning the product sales the Terms and Conditions of Product Sales apply. The Customer can find these by means of the notices in the offer or shop.

§ 2 - Services of dynastree

  1. dynastree operates an interactive network that offers to users the possibility to communicate, to invite other people to the network, to search for other users of the network, to publish information about themselves and others as well as other services and functions.
  2. On dynastree, the following services are offered to users: Members have the possibility of creating and administer a family tree. The member can add or invite family members. After the registration, invited relatives can participate in the completion of the tree and invite or add other relatives. Furthermore, it is possible to add information or documents about him/her to the tree and to comment on them.
  3. Furthermore, dynastree offers means of communication to the users. Among other things, a mailbox is provided as part of the profile. dynastree reserves the right to limit the storage time of messages.
  4. The member can decide in the privacy settings who can see the members added to the tree and the information about them. When an invited relative registers to dynastree, he/she can decide whether the information about him/her can be edited only by him/herself or by other members as well.
  5. On dynastree, the member can store, receive, submit and spread contents. For this purpose, storage space on the dynastree servers is provided to the user. The contents uploaded by the member will be stored as long as the membership lasts. dynastree reserves the right to limit the storage time or amount in the future after sending a notification to the user.
  6. All services provided by dynastree are exclusively for private purposes. The user assures with the registration that the services are only used privately.
  7. dynastree reserves the right to offer future contents at a charge. dynastree will acquaint the user with any charges and conditions. Charged services will be available after signing an additional contract.
  8. dynastree reserves the right to display appropriate advertisements.

§ 3 - Conclusion of Contract

  1. The services on dynastree are offered to all users of the internet, provided that the user registers as a member.
  2. With the completion of the registration process, a contractual relationship between dynastree and the member is established, which conforms with the regulations of the Terms of Use.
  3. With the registration, each member declares that his personal data he submits is up to date, accurate and truthful and will be maintained so for the duration of the membership.
  4. Only a person of full legal capacity or with the allowance of a legal guardian may register to dynastree. The minimum age for a registration is 14 years.
  5. In case of a violation of the user against one or more of the regulations stated under §3, dynastree is authorized to act according to §7 of these Terms of Use.
  6. As the identification of persons on the internet is hardly possible, the provider cannot rule out false data. Liability of the identity of the members is excluded.
  7. dynastree will display advertisements on its pages in the future to recommend third parties' services (predominantly by using hyperlinks). Such contents will be marked as "Advertisement". If a new contract results from our advertisement, it will exclusively be a contract between the user and the third party.

§ 4 - Membership

  1. With the conclusion of the contract, each member gets a profile and a must create a private password.
  2. As the owner of a profile, the member gains access to all free services of dynastree. Charged services require an additional contract.
  3. For the access to the services of dynastree, internet access is required. Any costs arising from that have to be paid by the member himself.
  4. For the protection of the members and any other users, dynastree reserves the right to remove any inappropriate contents named in § 5 or possibly threatening the system without any further notification.

§ 5 - Members' duties

  1. Each member is responsible for his profile and the information, comments, photos, videos, files and other content (below: content) he/she adds to the system.
  2. Especially, the login data has to be kept secret and precautions have to be taken to prevent others from spying on the data. The loss or spying of login data has to be reported immediately to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
  3. When uploading content or contributing in any other way the user always has to follow the rules of the applicable jurisdiction. Moreover, as a member, you commit yourself to refraining from any abusive use of the system and the services offered therein.
  4. Each member especially commits to the following:
    • add truthful and accurate information about oneself and the relatives and keep them up to date;
    • not to publish any content, that might stir others to criminal or immoral actions;
    • not to use the dynastree system and the services provided to annoy, threaten or harm their dignity, honour or sexual self-determination;
    • not to publish any criticizing or abusive language, insults, lies or incorrect information;
    • not to use the internal systems of forums and communication of dynastree for sending unwanted messages, chain letters or similar messages;
    • not to pretend to be another person and deceive others about one's true identity;
    • not to carry out anticompetitive actions or to support such actions, including progressive canvassing (such as snowball or pyramid systems);
    • not to transfer one's profile to other members or to give access to third parties;
    • to refrain from actions like sending emails or uploading data containing viruses or other programs (spy ware, malware, trojans etc.). Furthermore to refrain from all actions that might threaten the data network or data centre of dynastree or its users in any way;
    • not to upload any contents of commercial interests, not to spread radical politics or discriminating views, to promote for these or to advert to such contents.
    • not to publish any copyrighted material without its owner's consent;
    • not to publish any contents available on dynastree on any other website or to spread or merchandise such contents without the consent of dynastree;
    • not to link to any websites or contents that violate applicable law, content harmful to minors or that are in any other way forbidden.
  5. Users can upload pictures and other documents (below "files"). The user commits
    • To ensure his usage rights before uploading and to ensure that the publishing of the files does not violate any laws or third parties' rights;
    • To ensure that the files do not contain any violence and/or sexual, racist or in any other way law-violating contents;
    • To ensure before uploading or marking picture files that show one or more persons apart from the user that the third person/s agree with the publishing.

§ 6 - Sanctions in case of user's violations

  1. Once we discover any suspicious facts that a member violates any law, third parties' rights or these Terms of Use, or for the sake of the protection of other members, users or the provider, dynastree can take one or more measures of the following. dynastree can:
    • delete content that has been uploaded to dynastree;
    • warn members;
    • limit the use of the system;
    • block the member temporarily;
    • block the member irrevocably.
  2. The choice of measures will be made according to the user's guiltiness (if necessary after a hearing of the member). The blocking of a member means the closedown of all of the profiles that have been created using his name and all profiles that belong to him. Irrevocably blocked members can neither claim the restoration of his profile nor are they allowed to create a new profile. For the rest applies §8 Nr. 3.
  3. dynastree reserves the right to delete user's contents after not using the profile for more than 12 months. It is sufficient to log in to use the network.
  4. dynastree explicitly reserves the right to change, enhance, limit or shut down completely its service and the features.  With this, the user's rights change automatically. §2 Nr. 6 remains untouched.
  5. The system can be temporarily down due to maintenance or version updates. The user cannot demand any regress from this fact.

§ 7 - Cancellation

  1. The member can cancel the user contract at any time without giving reasons. To do so, it is sufficient to click the "Delete account" button in the profile. Alternatively, the user can send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by mail to OSN GmbH, by sending the email address that has been used last for the usage of dynastree
  2. dynastree reserves the right to cancel the user contract at any time within a two-week term till the end of the month. The right of blocking an account or taking other measures remains unaffected by this.
  3. With the cancellation or permanent blocking of a user the profile and all personal data stored herein will be deleted. Forum posts and other contents that the user added to the dynastree system lose the connection to the user, but may remain a part of the service of the dynastree system.

§ 8 - Transfer of contract to a third party

  1. dynastree has the right to transfer its services partly or completely to a third party. The Privacy Policy remains untouched by this.
  2. dynastree has the right to transfer (with a 4-week term of announcement) its rights and duties of the contractual relationship partly or completely to a third party. In this case, the member has the right to delete the account according to § 7 Nr. 1.

§ 9 - Violation reporting procedure

As violations attract the users' attention the quickest, dynastree has to rely on users' attentiveness. Users or otherwise affected persons are asked to report violations, especially of the Terms of Use as well as violations of patent, copyright, trademark or personal rights of any kind to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We advise the user that in order to be able to prosecute any violation all information has to be complete and correct. After checking all facts, dynastree will try to remove any inappropriate or illegal material.

§ 10 - Privacy information

  1. On dynastree, every user can decide on his own in his profile, which information added by him/her is available to other users. This setting can be changed at any time.
  2. Any privacy laws and regulations will be followed by dynastree. All personal data that has been provided via the system of dynastree will be treated according to our privacy Policy. In terms of the collecting and processing of the data, the regulations of the German "Teledienstdatenschutzgesetz" (TDDSG), the "Bundesdatenschutzgesetz" (BDSG) and the privacy regulations of the "Telekommunikationsgesetz" (§§ 85 ff. TKG) as well as all legislature regulations of the EU will be respected.
  3. The Privacy Policy (http://www.dynastree.com/privacy-statement) applies to all services provided on dynastree. By agreeing with these Terms of Use, the user states having noticed the Privacy Policy.
  4. It is prohibited for users to pass on to third parties contact information of other users that have been obtained via the dynastree network or to use these for advertisement without the users' permission.

§ 11 - Copyright and Industrial property rights

  1. With the upload of any content, the member assures that he claims all rights of the content and profile he uploads and grants all rights of publishing for the worldwide regular business to dynastree. Furthermore, the member declares all his contents free for use on dynastree without any temporal or regional restrictions.
  2. The rights stated in §11 1. expire with the deletion of the account.
  3. The contents on dynastree are also subject to commercial and copyright law. Especially proprietary are:
    • Contents, that have been uploaded, modified or deleted on dynastree
    • Databases, graphics, logos, symbols and icons
    • The website's layout
    • The Terms of Use and the Privacy Policy and
    • The software dynastree is based on.

dynastree's users and members oblige to respect the copyright and other commercial protective laws. We advise the user that copying, processing, reengineering or any other usage is prohibited until approved in written form.

§ 12 - Liability

  1. The services offered on dynastree only serve for entertainment purposes, and are neither supposed to form, nor to replace a professional consultation of any kind. dynastree does not issue any guarantee nor liability for any contents entered by members nor for the impression generated from the whole of the contents entered by members. Any use and processing of the uploaded content is at one's own risk.
  2. dynastree contains links to third parties' websites, whose content cannot be influenced by us. That is why we do not warrant any of this content. The provider of the content is to be held responsible for the contents of the pages linked to on itsourtree.de. The sites we linked to have been checked for possible violations of law when the page was build. We did not notice any violations at the time of linking. A permanent checking of content of all linked pages is not reasonable without any concrete clues of violations. When we become aware of any violations, the link will be removed immediately.
  3. dynastree does not appear as agent, vicarious agent or broker of any contracts between a user or member and a third party that result from a link on dynastree
  4. dynastree does not warrant for any violations, data losses or other damages of members or third parties that result from users' or members' activities. The members are the only persons in charge of their profiles and the contents uploaded, sent or modified by them. dynastree cannot be held responsible for any data losses, damages or violations that result from a negligent or incorrect treatment of the profiles.
  5. dynastree is not liable for any data losses, login difficulties and damages resulting from inappropriate use of profiles by members.
  6. dynastree is not liable for any damages caused by any breakdowns or damages caused by acts of god, external man-induced events (Hacker-attacks or system breakdowns caused by spam-attacks) or any breakdowns or malfunctions of gateways, networks, providers or host-servers that have not been caused by dynastree employees and vicarious agents.
  7. In spite of extensive efforts to keep the system clean of viruses, worms and other malware, dynastree cannot guarantee freedom of viruses or errors.
  8. dynastree is liable for claims caused by wantonly negligent behaviour of dynastree active organs, employees and vicarious agents. In cases of slightly negligent behaviour, dynastree can be held liable for any harms of life, body or health as well as severe violation of contract up to the damage that could be foreseen when the contract was concluded. dynastree reserves the right of a plea of contributory negligence of members.
  9. Liability claims prescribe after 12 month after origination. Excluded are claims based on wanton and/or forbidden actions as well as actions concerned with the "Produkthaftungsgesetz".
  10. The liability limitations also apply to the companies connected to dynastree and to a personal liability of active organs, employees and vicarious agents.

§ 13 - Release from liability

  1. The members and users release dynastree from any liability, of any claims or costs resulting from violations of law or from actions considered illegal to these Terms of Use. The users especially release dynastree from any liabilities and costs resulting from damages of insults, libels, defamations, violations of personal rights, damages from failure costs for other users, damages resulting from violations of immaterials (such as trademarks, copyrights) or other rights.
  2. The indemnification also applies to legal costs resulting from the defence against such claims.
  3. dynastree reserves the right of legal defence against the claims named above. Users and members of dynastree agree to forward any relevant information needed for legal defence to dynastree.

§ 14 - Changes of the Terms of Use

  1. dynastree reserves the right to change or extend these Terms of Use at any time without giving reasons. In case of substantial modifications, the members will be notified in an email about the changed passages of the Terms of Use or by a note on the occasion of the newt log in. If the member does not disagree within the two-week term, the changes will be regarded as accepted. Members will be notified of the meaning of the two-weeks term via email or when logging in
  2. If the user disagrees with the new Terms of Use, the provider can end the contractual relationship excluding all warranties and delete all data stored in the profile. The user will be notified of this possibility in the email containing the information about the changed Terms of Use.

§ 15 - Final regulations

  1. Agreements that diverge from these Terms of Use need to be in written form to be valid.
  2. Severability clause: The invalidity of single regulations of these Terms of Use do not effect the rest of the regulations. This place is taken by a new regulation for the subsidiary interpretation of the contract that comes as close to the economical aims of dynastree as possible. Possible loopholes are to be treated alike.
  3. For the existing legal relation and all relations linked to it, the law of the Federal Republic of Germany is exclusively applicable, excluding the conflict law.
  4. If legally acceptable, the place of jurisdiction is Hamburg, Germany.

§ 16 - Authorized executives

dynastree is operated by OSN Online Social Networking GmbH, based on Mittelweg 162, D-20148 Hamburg and is represented by the managing directors Mr. Dipl.-Kfm. Daniel Grözinger and Mr. Dipl.-Kfm. Sven Schmidt.

Terms of Use - Version: 2/2008
Date: 21.01.2008