Terms and Conditions

1 Introduction

Use of the www.myplaceinhistory.com website ("Website") is subject to the following terms and conditions ("Agreement"), which define the rights and responsibilities of all users of the Website, including teachers, parents/legal guardians and their children (collectively or as the context requires, referred to as "you" and "your").

You should read this Agreement carefully to ensure that you understand and accept the terms governing the use of the Website. You agree to be bound by and comply with the terms of this Agreement. If you do not agree with such terms, please do not register or continue to use the Website.

In order to use this Website, you must register for an account. The registration process is described in sections 6 and 7 of this Agreement, below.

If you are a parent/legal guardian ("Parent") and have set up an account on this Website on behalf of your child, you hereby grant permission for your child to use the Website via your account and you agree to ensure that your child understands and complies with terms of this Agreement. You acknowledge that your child will not have a separate account on the Website, but will share yours.

You should print a copy of this Agreement for your future reference.

The Website is owned and operated by Ancestry.com Operations Inc. ("we", "our" or "us").

The Website is designed to assist a teacher ("Teacher") to conduct, and children ("Students") to undertake, a family history project as part of their school work (the "Project"). The Project includes the creation by the Teacher and Students of online family trees hosted on the Website and provides access to a number of online games for Students.

2 Website content

The Website contains graphics, trademarks, information, data, software and other content accessible by you (the "Content"). You acknowledge and agree that, as between you and us, we are the owner of all intellectual property rights in the Website and Content. You do not acquire any rights in respect of the Website or Content, other than as expressly set out in this Agreement.

Subject to your compliance with this Agreement, and only in relation to and for the duration of the Project, you may access and use the Website and Content on any single personal computer, and print and copy individual pages and store such pages in electronic form. You must not remove any copyright, trademark or other intellectual property right notices from any Content.

You must not:

• copy, store electronically or systematically download all or any part of the Website or Content;
• re-publish, distribute, sell (or offer to sell) or otherwise make available to third parties all or any part of the Website or Content; or
• use the Website or Content for any purpose other to conduct or undertake a Project. In particular, you must not use the Website or Content for commercial purposes.

If you are a Teacher, you may use the Content in relation to successive Projects for Students in different school years.

3 User provided content

By submitting content ("User Content") to the Website (which, if you are a Teacher, includes User Content submitted to the 'Class Resources' or 'My Resources' areas of the Website ("Teacher's Areas")), you grant us a licence to use, host and distribute that User Content for the purposes of the Project to the extent we deem appropriate, provided that each Student's User Content will only be accessible on the Website by that Student and the Teacher conducting that Student's Project.

If you are a Parent who is allowing a Student to use the Website, you agree (on behalf of that Student) that the Teacher may access and use the Student's family tree and other User Content for the purpose of conducting the Project.

You must not submit to the Website (including the online games) any User Content that is or may be:

• defamatory, fraudulent, false, inaccurate, misleading, abusive, hateful, malicious, offensive, harassing, threatening, racist, obscene, degrading, pornographic or otherwise objectionable;
• a breach of confidentiality;
• a computer virus or other malicious or harmful code;
• personal information about living people without their direct consent, or, in the case of people under 18, the consent of their parent or legal guardian. This includes (but is not limited to) a person's name, location, email address, other contact information and photo; or
• an infringement of any intellectual property rights, including any copyright or trademark rights. This means that you must either own the rights in the User Content that you submit, or you must have obtained permission from the owner of such rights before submitting such User Content;
• unlawful or which promotes or teaches unlawful activity;
• prejudicial to any active legal proceedings of which you are aware; or
• a violation of this Agreement or our privacy policy (the "Privacy Policy").

If you are a Teacher and you post website links onto the Teacher's Areas, you must only do so in accordance with the website linking policies of those websites.

We may, but we have no obligation to (and, indeed, we may elect not to) monitor or evaluate any User Content which you submit, before or after it appears on the Website.

We reserve the right to alter, reject or remove any User Content (or any website link posted by a Teacher) that we believe breaches the terms of this Agreement or at our discretion.

4 Personal information

We use, collect, store and disclose personal information in accordance with the Privacy Policy.

If you are a Teacher, you must not use, download, re-publish or otherwise disclose any personal information that your Students have submitted through the Website.

5 Liability

We warrant that we have the right to permit you to use the Content. However, we make no warranty that the Content is accurate or complete or that your access to the Website will be uninterrupted, error free or secure. To the extent permitted by law, we exclude all other warranties or implied terms that may relate to the Website.

From time to time, there may be links on the Website to other websites controlled by us or third parties. Those other sites will be subject to different terms and conditions and we make no warranty concerning those sites.

Where you have notified us of a fault in relation to the Website and we verify that such fault exists, we will use our reasonable endeavours to remedy the fault. Save to the extent set out above and otherwise to the fullest extent permitted by law, we shall have no liability to you in relation to any direct or indirect loss, damage or expense arising out of your use of the Website.

To the extent permitted by law, we exclude all liability for losses which may be suffered by any person as a result of a Teacher allowing a Student to participate in a Project without first obtaining his or her Parent's permission for such participation, as specified in section 6 of this Agreement, below.

Our liability to you under the Australian Trade Practices Act or similar legislation is limited to the fullest extent (if any) permitted by that legislation.

6 Registration and security for Teachers

If you are a Teacher, you must not use the Website or initiate a Project without permission from your school.

During the registration process on the Website, you will be required to supply your name, email address, a password, expected class start and end dates for your current class of Students, school name and school address. You must provide us with accurate, complete, and up-to-date registration information. You understand that you may not:

• use a name of another person with the intent to impersonate that person;
• use the rights of any person other than yourself without authorization; or
• use a name that we, in our sole discretion, deem inappropriate.

After the registration process, the Website will give you a username. If you forget your username, you can find it again in My Account Options.

Before commencing a Project, you will supply your Students with letters to take home to their parents. Those letters must enclose permission forms for the Parents. The template letter and permission form can be downloaded from the Website. You must not allow a Student to participate in a Project unless he or she returns to you a permission form completed and signed by his or her Parent. You must retain copies of all completed and signed permission forms which you receive from Students for the duration of the current school year. If we request copies of such forms, you will supply them to us immediately, in the manner in which we request.

Upon receipt of completed and signed permission forms for your Students, you will send an email to their Parents (at the email address designated on such forms) giving them details of your username. The Parents will enter your username when they go through the registration process on the Website. This action will link their accounts to your account, which enables you to view your Student's trees and conduct the Project.

With the exception of providing your username to Parents, you must keep your username and password confidential and are responsible for all usage or activity on the Website via your account.

You must notify us (using the contact details set out below) of any known or suspected unauthorized use of your account or a Student's account or any unauthorized disclosure of your username and password.

7 Registration and security for Parents

If you are a Parent, then during the registration process on the Website you will be required to supply your name, your email address, a password, the Student's name, and the Teacher's username. You must provide us with accurate, complete, and up-to-date registration information. You understand that you may not:

• use a name of another person with the intent to impersonate that person;
• use the rights of any person other than yourself without authorization; or
• use a name that we, in our sole discretion, deem inappropriate.

You should have been supplied with the Teacher's username in an email from the Teacher, sent after you returned to the Teacher a completed and signed permission form allowing the Student to participate in the Project. If you do not have the username, you should obtain it from the Teacher. When you enter the Teacher's username during the registration process, you will be shown the name of the Teacher and the school associated with that username and asked to verify that such information is correct. By entering the Teacher's username, you will be linking your account to the Teacher's account, which enables the Teacher to view the Student's tree and conduct the Project.

You must keep your password confidential to you and the Student. You are responsible for all usage or activity on the Website via your account, whether it is your own usage or activity or that of the Student who is authorised to use that account. You must also keep the Teacher's username confidential.

You must notify us (using the contact details set out below) of any known or suspected unauthorized use of your account or any unauthorized disclosure of your password.

8 Suspension and termination

Should you breach this Agreement, we may temporarily suspend or permanently terminate (in our sole discretion) your right to access the Website immediately by notice.

If you are a Teacher, we will automatically terminate your Website account after the end of the calendar year (the "Second Calendar Year") which follows the calendar year in which you complete a Project (the "First Calendar Year"), unless one or more of the following circumstances apply:

• you start a new Project at any time during the First Calendar Year or the Second Calendar Year;
• you have used one of our other websites (such as www.ancestry.com, www.ancestry.com.au or www.mundia.com) at any time before or during the First Calendar Year, or during the Second Calendar Year; or
• you have contacted us to request that your account be kept open.

If you are a Parent, we will automatically terminate your Website account after a period of 90 days has passed following completion of a Project, unless one or more of the following circumstances apply:

• you have another child who starts a Project at any time during such 90 day period using the same Website account;
• you have used one of our other websites (such as www.ancestry.com, www.ancestry.com.au or www.mundia.com) at any time before or during such 90 day period; or
• you have contacted us to request that your account be kept open.

If/when your account is terminated, you will no longer be able to access any family tree(s) or other User Content that you had generated on the Website.

9 Changes to this Agreement or the Website or Content

We have the right, at our sole discretion, to change this Agreement or the Website or Content, at any time. We may notify you of changes to this Agreement by any reasonable means, including by posting the revised version of this Agreement on the Website. You should check this Agreement each time you visit the Website. You can determine when we last changed this Agreement by referring to the "Date of publication" legend above.

Continued use of the Website following any changes to this Agreement or the Website or Content means that you have accepted and agree to be bound by such changes. If any change to this Agreement or the Website or Content is unacceptable to you or will cause you to no longer be in compliance with the Agreement, then please do not continue to use the Website.

10 General

In the event that we undergo re-organisation or are sold to a third party, you agree that this Agreement and the rights and obligations hereunder may be freely transferred to that re-organised entity or third party and it will be able to continue to perform and enforce this Agreement in the same way that we have done previously.

If any part or provision of this Agreement is found to be unenforceable, this shall not affect the validity of any other part or provision.

This Agreement is governed by the laws of New South Wales, Australia and you consent to the exclusive jurisdiction of the courts of New South Wales, Australia.

11 Contacting us

If you have any questions about this Agreement or the Website, or need to notify us of any issue, you can contact us or write to us at:

Ancestry.com Operations Inc.
Attn: Customer Solutions
360 West 4800 North
Provo, Utah 84604
United States of America