1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of FamilyTreeClub.com, ("FamilyTreeClub", "we" or "us"), in relation to this site and the services offered by Family Tree Club through it (the "Family Tree Club Service"). You must take the time to read and understand it before registering for the Family Tree Club Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the Family Tree Club Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Family Tree Club Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.

2. Membership. People who register for the Family Tree Club Service become "Members".

Members:

- may post their family tree and any that of any other person;

- send in-site messages to other Members; and

- post to any message boards which may be available on the Family Tree Club Service.

Note that we are not an internet service provider. In order to use the Family Tree Club Service, you must have internet access and all the software (and skills) required for email and web usage.

3. Registration. You undertake to register for the Family Tree Club Service using accurate and current information about yourself - including your correct name, and any other requested details. As part of the registration process for the Family Tree Club Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

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

5. Additional services. Family Tree Club or its affiliates may offer new or additional services through the Family Tree Club 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. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.

6. Operation of Family Tree Club Services. Family Tree Club reserves the right to withdraw or modify aspects of the Family Tree Club Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Family Tree Club Service becomes inaccessible as a result of technical difficulties experienced by Family Tree Club or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that we have any other liability to you for withdrawal, modification or unavailability of the Family Tree Club Service. For security or other reasons, we may require you to change password or other information which facilitates access to the Family Tree Club Service.

7. Misuse of Family Tree Club Service. We reserve the right (a) to suspend or terminate any Member's access to the Family Tree Club Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the Family Tree Club Service, if the relevant Member or material appears to us, or to a complainant, 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 Club Service without our prior consent. You are responsible for everything which is done on or through the Family Tree Club Service while your Membership account is logged on to the Family Tree Club Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Family Tree Club Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages to another Member, whether or not through the Family Tree Club Service. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Family Tree Club Service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.

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

- include a phone number, the address of any website, or any other information which is intended to promote other sites or abuse the freedom of FamilyTreeClub.com, in material which is posted on the Family Tree Club Service - Members, and the recipients of their in-site messaging, can share this information, should they wish, once contact has been made;

- place material on, or otherwise use, the Family Tree Club Service for any business or commercial purpose; or

- use your access to the Family Tree Club Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

9. 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 Club Service, nor any activity or communication you make in connection with any Family Tree Club 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, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, unreliable or misleading.

10. Alerting Family Tree Club. If you see anything on the Family Tree Club Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Contact Us" function. We do not generally monitor material contributed by Members before it is placed on the Family Tree Club Service, and so we are reliant upon users to point out any which infringes this Agreement.

11. Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Family Tree Club 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 Club Service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the Family Tree Club 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 Club Service.

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

- If any third party sites are linked to from the Family Tree Club 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 Club 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 may not necessarily be who they say they are.

- Your use of the Family Tree Club Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Family Tree Club its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Family Tree Club Service and the material included here by Members and other third parties. 13. Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Family Tree Club Service (including the material which is contributed by Members) are owned by Family Tree Club. 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 Club Service, or any of the material which is found on the Family Tree Club Service unless properly licensed to do so by us. By submitting any material to the content to the Family Tree Club Service, you:

- are representing that you are fully entitled to do so;

- grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material 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.

14. Excluded loss. We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, 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 Club will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

15. Non-excluded Liabilities. Nothing in this Agreement limits Family Tree Club'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.

16. 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 Club Service.

17. 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 Club assign or dispose of this Agreement.

18. Entire Agreement. This Agreement states in full the whole of the agreement between us and you concerning the Family Tree Club Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

19. Changes to this Agreement. Family Tree Club reserves the right to change the Agreement with its Members from time to time, and post the new version on the Family Tree Club Service. This Agreement, and any new version of it in the future, takes effect immediately.

20. 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.

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

22. Keeping this Agreement. We don't separately file the individual Agreements entered into by members when they register for the Family Tree Club Service. You can access it at www.FamilyTreeClub.com . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

23. Contact. You can contact us through the "Contact Us" section on the FamilyTreeClub website. All questions, queries, complaints etc should be filed here.