Customer Terms & Condition | Discover Live® Ancestry® Tours

HERITAGE TOURS CUSTOMER TERMS & CONDITIONS

March 12th, 2024

By purchasing and using Company’s Service, User expressly agrees to be bound by the following terms and conditions.

“Company” shall refer to Discover.live, Inc., its subsidiaries and affiliates.

“User” shall specifically mean the individual or entity who is a customer of Company, seeking virtual live-streaming tour experience, pre-recorded tour experiences, or other services from Company. User seeks to engage Company to provide services as more fully set forth in this Terms and Conditions (“Agreement”), subject to the terms and conditions stated herein.

Experiences are live video/audio streaming and/or recorded content offered to Company’s Users ('Heritage Tours"). Experiences are delivered via Zoom / Webex using Company’s assigned meeting links or via any other platforms assigned by Company. Heritage tours include Discovery Tours and may be others in the future.

Tour Guide (TG) is Company’s assigned guide, who offers Experiences to Company’s Users.

Service Company offers virtual tours known as Experiences, and/or other products to Company’s customers known as the “User”. Experiences and/or other products are conducted by TG, individuals who execute the virtual and/or in-person tour “Experiences”.

Discovery Tour is interactive, or pre-recorded virtual travel experiences focused around User’s family’s ancestral region for User to learn more about the place, the history, the culture and the heritage of their ancestors.

Tour Recording is recorded live tour Experience offered to User by Company for purchase and for private use.

Other Terms and Conditions of Use

The Services provided for this Agreement are limited solely for User’s use.
Neither User, nor their guests are permitted to contact any TG directly.
User is responsible for preparing their own viewing device and software in order to join Company’s live streaming session, i.e. Experience.
User is required to download Zoom, Webex, or other video streaming platform apps assigned by Company prior to the Experience delivery in order to utilize Service.
Customized Experiences and other products can be requested, outside of the main offerings, at separate charges to be determined by Company.
Neither User, nor their guests are permitted to offer direct payments to a TG under any circumstance whatsoever.
Neither User, nor their guests are permitted to record or download, without Company written authorization, any live tour Experience content under any circumstance whatsoever.
Neither User, nor their guests are permitted to use Services provided for in this Agreement for any unlawful purposes.
Rude, abusive, improper language, discriminatory, or violent communications towards any TG or Company staff during Experience delivery will not be tolerated and will result in immediate termination of Experience delivery without refund to User and will result in immediate termination of this Agreement.
The Experience, marketing materials, brochures, or any other written or recorded content provided by Company or its affiliates, agents, contractors, or employees pursuant to this Agreement shall be considered Company’s intellectual property. Such intellectual property shall include the content of each Experience, trademarks, service marks and logos owned by or licensed to the Company.
Neither User, nor their guests are permitted to use, distribute, copy, download, transmit, broadcast, display, sell, alter, modify, promote, profit from, or license the aforesaid intellectual property of the Company for any reason, without the Company’s express written permission, except those expressly permitted under this Agreement. This provision shall survive termination of this Agreement.
User expressly understands that the live Experience sessions will promptly start and end at the pre-scheduled time, regardless of who, if any, are in attendance. If Company encounters technical or other unexpected issues that delay the Experience starting time, Company will either reschedule the tour at a mutually agreed date/time, or possibly delay the start and finish time, at the discretion of Company, so User can still enjoy the entire Experience. The rescheduled Experience must take place in the same location, and no more than 60 days after the original start date.
User is expressly prohibited from charging its guests, audiences or other end users for specific access to the Services provided under this Agreement without the express written consent of the Company.
User is allowed to promote the Services provided by Company on User’s social media, blogs or any other similar platforms only with the express written consent of the Company.

Payment Terms. All payments must be made in full prior to any Experience confirmation, following the Experience booking process.

Experience Cancellation Policy - for Discovery Tour. User who purchased an Experience(s) may cancel their Experience(s) up to 14 days prior to the scheduled tour time. Any cancellation that takes place within 14 days from the tour time is non-refundable. Experiences may be canceled by Company, with the option to reschedule, or refund or partially refund to User as determined by Company.

Force Majeure. If Company is unable to perform its obligations hereunder due to causes beyond its control, including but not limited to acts of God (earthquake, war, storm, flood or other extreme weather condition, fire, pandemics including, but not limited to COVID-19), strike, regional internet outage, live video streaming service interruption, transportation failure, equipment failure, or actual or threatened outbreak of hostilities or threat to TG personal safety, then Company shall have the right to reschedule a scheduled Experience delivery. Where Company reschedules an Experience delivery due to a Force Majeure condition, Company shall not be responsible for any rescheduling penalties.

Tour Recording Usage.

Tour Recordings purchase and Usage –
1. Prior to or after participating in a live tour Experience, User has the option to purchase the recorded version of the Experience for a fee.
2. Upon payment, and after the live Experience is delivered, Company will provide User with a link to download the tour recording.
Personal Use Only:
1. User is allowed to use the Tour Recording strictly for personal purposes. This includes viewing it privately, sharing it with family and close friends, and reliving their tour experience.
Restrictions:
1. Prohibited Usage: User is expressly prohibited from sharing the Tour Recording on social media platforms, public websites, or any other public domain.
2. Rights Retained: Company retains all rights to the Tour Recording, including copyright and intellectual property rights.

Termination by Company. Company may terminate this Agreement at any time and for any reason at the discretion of the business.

Attorney Fees and Costs. In any action brought under this Agreement, the prevailing party shall be entitled to recover its actual costs and attorney fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.

Severability, Savings Clause. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be enforceable under applicable law. However, if any provision of this Agreement shall be deemed unenforceable under applicable law by a court having jurisdiction, such provision shall be unenforceable only to the extent necessary to make it enforceable without invalidating the remainder thereof or any of the remaining provisions of this Agreement.

Liability Waiver. The company shall not be held liable for any customer offense arising from nudity, violence, inappropriate language, or other content beyond the control of the tour guide during live virtual walking tours. Customers acknowledge that the nature of live, on-the-street tours may expose them to unanticipated situations or content, and by participating, they accept this risk and release the company from any associated liability.

Liability Limitations. User further agrees that Company shall not be liable to User or any third party for any loss of profits, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind whether under this Agreement or otherwise, even if Company was advised of the possibility of such damages. User further agrees that Company’s liability under this Agreement shall be expressly limited to monies received by Company pursuant to this Agreement. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Company. In such jurisdictions, Company’s liability is limited to the greatest extent permitted by law.

Streaming Quality. The quality of the live-streamed audio and video experiences available through Company will depend on a number of factors, including local conditions, the type of device on which you are accessing the livestream, and your bandwidth, which may increase or decrease over the course of your viewing. While we strive to provide you with a high-quality streaming experience, we make no guarantees as to the resolution or quality of the audio or video you will receive when using Company Experiences.

Warranty. The Services provided by Company are provided as is, without warranty of any kind to User or any third party, including, but not limited to, any express or implied warranties of: 1) merchantability; 2) fitness for a particular purpose; 3) effort to achieve purpose; 4) quality; 5) accuracy; 6) non-infringement; and 7) title. User agrees that any efforts by Company to modify its Services shall not be deemed a waiver of these limitations, and that any warranties shall not be deemed to have failed of their essential purpose. Modifications made to any work product created by User, by Company, or any third-party voids any remaining express or implied warranties.

Full Integration Clause. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements, discussions, negotiations, or understandings, whether oral or written, between the parties relating to the matters addressed herein. The language herein will be interpreted as to its fair meaning and not strictly for or against any party.

Waiver of Breach. The waiver by either party to this Agreement of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by such other party.

Venue and Applicable Law. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of New York, USA (without respect to principles of conflicts of law), and the Parties hereby submit to the jurisdiction of and venue in the State of New York in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.

Indemnity. To the extent permitted by applicable law, User agrees to defend, indemnify and hold harmless Company, its shareholders, investors, officers, directors, employees, TG, contractors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to Service; (2) your violation of any term of this Agreement; (3) any claim that Service delivery caused damage to you or a third party. This defense and indemnification obligation will survive this Agreement and your use of Service.

External Links. The Website has links to third party websites that are not owned or operated by us. We are not responsible for the content on those websites and the act of linking to those websites does not imply our endorsement of the material contained on those websites or of the controllers or owners.

Terms Update. We reserve the right to amend these terms and conditions from time to time where we consider it reasonable and appropriate to do so. User is responsible for checking ancestry.discover.live for updates. These conditions do not affect your statutory rights.

Tour Recording Usage, Liability Waiver, Liability Limitations, Warranty, Indemnity, Venue and Applicable Law, and Other Terms and Conditions of Use will survive any termination of Ancestry Tour User Terms and Conditions.