1. Introduction. This Agreement is a document which sets out your rights and obligations, and those of Family Tree Discovery, ("Family Tree Discovery", "we" or "us"), in relation to this site and the services offered by Family Tree Discovery through it (the "Family Tree Discovery Service"). By registering for the Family Tree Discovery Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the Family Tree Discovery Service who do not register to become a Free or Full Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Family Tree Discovery Service. You should be aware that this Agreement may change from time to time in accordance with Clause 24 below.

2. Family Tree Discovery Membership Types. All people who decide to register for the Family Tree Discovery Service become "Members". To become a member you must be at least 18 years of age. There are two types of membership, one type is for people who decide to pay our fee for a full annual membership (these members are called "Full Members"), and the other type is for people who decide not to pay a fee (these members are called "Free Members"). However, "Free Members" can only use the Family Tree Discovery Service on a limited basis for an evaluation period specified to them at the time of their registration. After this evaluation period has expired, a "Free Member" will have another extra period of time, currently 15 days, to become a full member and preserve any material posted to the Family Tree Service during their evaluation period. During this extra period, a "Free Member" will only be able to use a limited service which will enable them to visit other family trees as a result of receiving invitations from other members. Once this extra period has expired, they will still be able to become a full member but any material posted the the Family Tree Service (except for invitations received) during the evaluation preiod will have been removed (except for any details posted about invitations received for visiting family trees of other members). If a "Free Member" does not log in to the Family Tree Service (by using their allocated user name and password) for a period of 90 days, we reserve the right to remove their membership and all material relating to it from the Family Tree Service without notification to the "Free Member". If a "Full Member" does not log in to the Family Tree Service (by using their allocated user name and password) for a period of 12 months after their most recent payment has expired, and without renewing their payment, we reserve the right to remove their membership and all material relating to it from the Family Tree Service without notification to the "Full Member".

Important Note: When entering any details of living persons you (the registered member) must have, and always continue to have, the express permission from the living person to do so. This applies to all details that you input, regardless of whether you input them as family-only or as public. If any living person asks you to remove their details, either from family-only or public view, then you must remove their details immediately from both family-only and public view. All registered members control and are responsible for all the details, the information and the photos they input relating to any living persons, and therefore all registered members have obligations under the privacy and data protection laws (such as the Data Protection Act 1998). Family Tree Discovery reserves the right to remove from the web site all or any part of a family tree (including any family information, uploaded photos, or postings to the message boards) at any time and without notice if so required.

• In addition to being able to view the Family Tree Discovery Service like any visitor to the web site, Free Members may also:
• receive and store invitations to view other family trees
• search public data
• create and view their own family tree for a limited evaluation period (the numbers of days of this limited period is specified at the time of registration)
• send a request to view a family tree relating to search results of public data (for a limited evaluation period)

• In addition to the above service to Free Members, Full Members may also:
• invite friends and family to view and/or update their own family tree
• control who can update, add and remove existing data
• control who can view and upload photos
• email a family tree to a friend or relative
• upload family photos
• receive requests for access to view their family tree
• post messages to any message boards when they are available on the Family Tree Discovery Service.

Family Tree Discovery is not an internet service provider (ISP). Consequently, in order to make use of the Family Tree Discovery Service, you must have internet access and the necessary skills and software required for using both email and the world wide web.

The Family Tree Discovery Service is a service under a constant state of change with regard to its functionality and the quality of the service and features offered. We will sometimes make enhancements to our service so as to improve the various features offered and also to add new features. In addition, we will investigate and attempt to resolve any problems with our existing service when they are brought to our attention. However, we cannot guarantee that all problems brought to our attention will be resolved. By registering as a member, you acknowledge that you understand that these enhancements to our service will happen during the course of your membership and you also acknowledge that although we will endeavour to resolve any problems with the Family Tree Discovery service, we cannot fully guarantee that every problem will be resolved.

3. Supported Browsers. Important Note: The Family Tree Discovery Service has been designed to be viewed with the following internet browsers: Microsoft Internet Explorer 5.0 or greater, or, Netscape 6.0 or greater. We do not support WebTV or any other internet appliance. However, if your internet browser is not supported, you still may be able to use our service even if you are running an unsupported system. We simply cannot guarantee that you will have a favourable experience using unsupported technologies

4. Important Note: Full Membership. If you decide to become a Full Member, and as a result pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for a duration of twelve months. After the expiry of that twelve month period, if you wish to continue with your Full Membership then we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and any other factors from time to time. However, these changes, unless they are changes under Clause 9, Clause 10, or Clause 15 below, will not affect your then-current Full Membership.

5. Registration. When you register for the Family Tree Discovery Service, you undertake to register for the Family Tree Discovery Service using both accurate and current details about yourself – this includes providing your true and correct name, your current address and all other requested information about yourself. If you are ask to provide details of a credit, debit or other charge card; in the event that you do provide these details, you must ensure that you are fully entitled to use that card and you must also ensure that the card has the available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Family Tree Discovery Service, you will receive a registration email. This email is used to verify that the email address you have provided during registration is both correct and is controlled by you. The email contains instructions which you must follow in order to confirm your email address. After successful confirmation of your email address, you membership will be activated.

7. Family Tree Discovery’s Role. You, whether you are a Member or just a non-Member who visits the Family Tree Discovery Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Family Tree Discovery Service or outside of it. We only provide a venue where the Family Tree Discovery Service may be accessed. In particular, you should be aware that Family Tree Discovery does NOT pre-screen or monitor any of the material contributed by Members.

8. Additional services. Family Tree Discovery or its affiliates may offer new or additional services through the Family Tree Discovery Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Family Tree Discovery Service in an appropriate manner (as determined by Family Tree Discovery in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

9. Operation of Family Tree Discovery Services. Family Tree Discovery reserves the right to withdraw or modify one or more aspects of the Family Tree Discovery Service where we have legal or technical reasons to do so (including technical difficulties experienced by Family Tree Discovery or on the Internet). There may also be times when the Family Tree Discovery Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change your registered password or other registered information which facilitates access to the Family Tree Discovery Service.

10. Misuse of Family Tree Discovery Service. We reserve the right (a) to suspend or terminate any Member’s access to the Family Tree Discovery Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Family Tree Discovery Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Family Tree Discovery Service without our prior consent. You are responsible for everything which is done on or through the Family Tree Discovery Service while your Membership account is logged on to the Family Tree Discovery Service, or through your email address(es).

11. Relevance. The Family Tree Discovery Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

• place material on, or otherwise use, the Family Tree Discovery Service for any business or commercial purpose; or
• use your access to the Family Tree Discovery Service, or information gathered from it, for the sending of unsolicited bulk email (often referred to as spam).

12. Fees

• (i) You acknowledge that we are fully entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Family Tree Discovery Service.

• (ii) Fees paid by a Full Member will not be rebated or refunded by Family Tree Discovery, unless the Family Tree Discovery Service for which the Full Member has subscribed is completely withdrawn from that Full Member by us other than in circumstances permitted under this Agreement.

• We may add new or ancillary services from time to time which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.

13. Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Family Tree Discovery Service, nor any activity or communication you make in connection with any Family Tree Discovery Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.

15. Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Family Tree Discovery Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Family Tree Discovery Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Family Tree Discovery Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Family Tree Discovery Service.

16. Disclaimer and Release. Family Tree Discovery has no control over or responsibility for the truth or accuracy of any material available on the Family Tree Discovery Service, whether provided by Members or others.

• If any third party sites are linked to from the Family Tree Discovery Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
• You should exercise no lesser degree of caution in appraising what you see on the Family Tree Discovery Service than you do offline.
• Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people (non-members or members of our service) may not necessarily be who they say they, inlcuding people who you invite to view, or contribute information to, your family tree.
• Your use of the Family Tree Discovery Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Family Tree Discovery, its contractors, its owners, its directors, its employees or other representatives, from all liability arising out of or in connection with the Family Tree Discovery Service and the material included here by Members and other third parties.

17. Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Family Tree Discovery Service are owned by Family Tree Discovery. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Family Tree Discovery Service, or any of the material which is found on the Family Tree Discovery Service unless properly licensed to do so by us.

By submitting any material to the content to the Family Tree Discovery Service, you:

• are representing that you are fully entitled to do so;
• grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from the publicly viewable parts of that material (publicly viewable parts are the parts of your family tree which you specifically set to being searchable by any visitor to the Family Tree Service) in any form, anywhere; and
• authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

18. Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Family Tree Discovery will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

19. Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Family Tree Discovery under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £10 (GBP), or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

20. Non-excluded Liabilities. Nothing in this Agreement limits Family Tree Discovery's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

21.Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Family Tree Discovery Service.

22. Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Family Tree Discovery assign or dispose of this Agreement.

• commencing four weeks after the date of posting (or such later date as Family Tree Discovery indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Family Tree Discovery Service; or
• immediately upon the date of posting (or such later date as Family Tree Discovery indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Family Tree Discovery’s addresses or email addresses referred to in this Agreement.

25. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

26. Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.