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Users agree to indemnify Ancestry and its affiliates, officers, directors, employees, agents, and assigns against claims, damages, and attorney's fees arising from the user's violation of the Terms, violation of another person's rights, or claims related to user-submitted content. This obligation continues after the user stops using the Services.
This analysis describes what Ancestry's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a continuing indemnification obligation that survives account termination, covering claims by third parties arising from user content or conduct. The scope extends to all incorporated policies and documents referenced in the Terms.
The updated Terms footer no longer includes a direct link to 'Do Not Sell or Share My Personal Information,' a disclosure mechanism required under California's CCPA. California residents retain the legal right to direct Ancestry not to sell or share their personal information, but the footer no longer provides a prominently placed navigation point to exercise that right. Ancestry's privacy notice continues to reference CCPA compliance and provides other disclosure language, but the specific footer link has been removed.
View change record →The updated terms reduce the out-of-pocket costs consumers must pay to arbitrate disputes against Ancestry. Previously, consumers and Ancestry shared filing fees, arbitrator fees, and hearing expenses equally unless an arbitrator found the arbitration frivolous; now, if an arbitrator determines the arbitration is non-frivolous, Ancestry covers all JAMS-invoiced fees. Separately, the revised terms establish that Ancestry will pay all mediation fees, whereas both parties previously shared this cost. The removal of language describing alternative AAA procedures narrows the stated dispute resolution pathway.
View change record →California residents who rely on the Terms and Conditions footer to find the option to request that Ancestry not sell or share their personal information will no longer see that link in that location. While the underlying CCPA right to opt out likely remains available, the removal of this navigation path from the terms page makes the right less discoverable. California residents should verify that they can still access opt-out functionality through Ancestry's website or contact the company directly if they cannot locate the feature.
View change record →Removed 'partners, contractors, licensors, and service providers', changed trigger language from 'arising out of or relating to' to 'arising out of or in any way connected with', removed specific enumeration of User Provided Content triggers.
View full change record →Expanded indemnification scope by replacing 'affiliates' with more specific entities ('contractors, licensors, service providers'), removing 'partners' from prior version, and adding explicit coverage of 'User Provided Content' and 'Services' content.'
View full change record →Under this clause, users are responsible for indemnifying Ancestry and related parties against third-party claims, attorney's fees, and damages arising from their content or conduct on the Services, including claims arising after they have stopped using the Services. The indemnification scope includes violations of all policies incorporated by reference into the Terms.
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"You agree that you will indemnify and hold Ancestry, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the 'Ancestry Parties') harmless from any claims, damages, or other expenses (including attorney's fees) that result from your use of the Services and (a) your violation of these Terms or other documents or policies incorporated herein by reference; (b) your violation of another person's rights; or (c) any claim related to Your Content, including a claim that Your Content caused damage to another person. This indemnification obligation will continue after you stop using the Services.Excerpt from Ancestry's Terms and Conditions
1. REGULATORY LANDSCAPE: Consumer indemnification clauses in standard-form contracts may be subject to scrutiny under state unconscionability doctrine and consumer protection statutes. EU consumer law generally limits the enforceability of broad indemnification obligations in consumer-facing standard terms. 2. GOVERNANCE EXPOSURE: Medium. The inclusion of attorney's fees and the post-termination survival clause are operationally significant for users who upload substantial content or operate accounts on behalf of others. The extension to all incorporated policies, including the Community Guidelines and Copyright Policy, broadens the scope of triggering conduct. 3. JURISDICTION FLAGS: EU consumer protection directives may limit the enforceability of indemnification clauses that create disproportionate obligations on consumers in standard-form contracts. California's consumer protection framework may similarly constrain broad indemnification obligations in consumer agreements. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations or researchers who use Ancestry on behalf of multiple individuals should assess whether this indemnification obligation applies to their use and whether it creates institutional liability exposure. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether the post-termination survival and broad policy incorporation scope of the indemnification clause are consistent with applicable consumer protection requirements in the jurisdictions where Ancestry's user base is located.
This provision establishes a continuing indemnification obligation that survives account termination, covering claims by third parties arising from user content or conduct. The scope extends to all incorporated policies and documents referenced in the Terms.
Under this clause, users are responsible for indemnifying Ancestry and related parties against third-party claims, attorney's fees, and damages arising from their content or conduct on the Services, including claims arising after they have stopped using the Services. The indemnification scope includes violations of all policies incorporated by reference into the Terms.
ConductAtlas has identified this type of provision across 232 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Ancestry.