Terms of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the EagleLearningCards.com domain name, owned by Eagle Technologies Ltd, the "EagleLearningCards Website", or "www.EagleTechnologies.co.uk Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Eagle Technologies Ltd privacy notice, found at http://www.eagletechnologies.co.uk/Privacy-Policy.asp and incorporated here by reference. If you do not agree to any of these terms, the Eagle Technologies Ltd privacy notice, please do not use the EagleLearningCards Website or Eagle Technologies Ltd Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. EagleLearningCards may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. EagleLearningCards Website
A. These Terms of Service apply to all users of the EagleLearningCards Website, including users who are also contributors of image content, information, and other materials or services on the Website either available now or in the future. The EagleLearningCards Website includes all aspects of EagleLearningCards, including but not limited to all products, software and services offered via the website such as the Card Printers and Supplies, the EagleLearningCards "Printable Cards" and other applications.
B. The EagleLearningCards Website may contain links to third party websites that are not owned or controlled by EagleLearningCards. EagleLearningCards has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, EagleLearningCards will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve EagleLearningCards from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the EagleLearningCards Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. EagleLearningCards Membership Accounts
A. In order to access some features of the Website, you will have to create an EagleLearningCards Membership account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify EagleLearningCards immediately of any breach of security or unauthorized use of your account.
B. Although EagleLearningCards will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of EagleLearningCards or others due to such unauthorized use.
4. General Use of the Website-Permissions and Restrictions
EagleLearningCards hereby grants you permission to access and use the Website and Printable Cards as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website and printable card designs, including but not limited to User Submissions (defined below), without EagleLearningCards's prior written authorization.
B. You agree not to access User Submissions (defined below) or EagleLearningCards Content through any technology or means other than the EagleLearningCards Website itself, or other explicitly authorized means EagleLearningCards may designate.
C. You agree not to use the Website, including the printable EagleLearningCards designs for any of the commercial uses noted below, without the prior written authorization of EagleLearningCards. Prohibited commercial uses include any of the following actions taken without EagleLearningCards's express approval:
- Card Designs can not be distributed or copied and handed to non registered members by email, website, or any other form of electronic storage / sharing means
- Card Designs are not available for printing by profit making commercial organisations with intent for resell
- Card Designs provided are free. Non profit making organisations (e.g. schools) are permitted to charge a printing service at general fund raising events or to hand to parents/guardians in general but without adjusting the design itself including the EagleLearningCards logo and website.
- Profit making organisations including private schools and child care nurseries require the written permission of Eagle Technologies Ltd to offer a chargeable printing service.
- Any organisation can print EagleLearningCards and give them away for free but not to change, manipulate or tamper with the design as downloaded including changing or removing the EagleLearningCards logo and website address.
- Card Designs are intended for educational means and not for profit making organisations
- the sale of advertising, on the printed EagleLearningCards card design including the reverse side of the card without written approval of Eagle Technologies Ltd.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the EagleLearningCards servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, EagleLearningCards grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. EagleLearningCards reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
F. EagleLearningCards reserves the right to discontinue any aspect of the EagleLearningCards Website at any time without notice or liability
G. All EagleLearningCards card designs either electronic and/or printed remain the property of EagleLearningCards and Eagle Technologies Ltd and can not be copied in whole or part.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the EagleLearningCards Website.
A. The content on the EagleLearningCards Website, including without limitation, the text, graphics, photos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to EagleLearningCards, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. EagleLearningCards reserves all rights not expressly granted in and to the Website and the Content.
B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Card Designs.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the EagleLearningCards Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the EagleLearningCards Website or the Content therein.
7. Account Termination Policy
EagleLearningCards reserves the right to suspend or cancel memebrship without notice and for wahtever reason.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE EAGLELEARNINGCARDS WEBSITE AND EAGLETECHNOLOGIES WEBSITE & EAGLELEARNINGCARDS CARD DESIGNS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EAGLELEARNINGCARDS & EAGLETECHNOLOGIES LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EAGLELEARNINGCARDS & EAGLETECHNOLOGIES LTD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR IT'S CARD DESIGNS AND THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EAGLELEARNINGCARDS WEBSITE. EAGLELEARNINGCARDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EAGLELEARNINGCARDS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EAGLELEARNINGCARDS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL EAGLELEARNINGCARDS & EAGLE TECHNOLOGIES LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EAGLELEARNINGCARDS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EAGLELEARNINGCARDS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by EagleLearningCards from its facilities in the United Kingdom. EagleLearningCards makes no representations that the EagleLearningCards Website is appropriate or available for use in other locations. Those who access or use the EagleLearningCards Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Indemnity
You agree to defend, indemnify and hold harmless EAGLE TECHNOLOGIES LTD & EagleLearningCards, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the EagleLearningCards Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the EagleLearningCards Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EagleLearningCards without restriction.
13. General
You agree that: (i) the EagleLearningCards Website shall be deemed solely based in UK; and (ii) the EagleLearningCards Website shall be deemed a passive website that does not give rise to personal jurisdiction over EagleLearningCards, either specific or general, in jurisdictions other than UK. These Terms of Service shall be governed by the internal substantive laws of England, without respect to its conflict of laws principles. Any claim or dispute between you and EagleLearningCards that arises in whole or in part from the EagleLearningCards Website shall be decided exclusively by a court of competent jurisdiction located in England United Kingdom. These Terms of Service, together with the Privacy Notice at www.eagletechnologies.co.uk/Privacy-Policy.asp and any other legal notices published by EagleLearningCards on the Website, shall constitute the entire agreement between you and EagleLearningCards concerning the EagleLearningCards Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and EagleLearningCards's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. EagleLearningCards reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the EagleLearningCards Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND EAGLELEARNINGCARDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EAGLELEARNINGCARDS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
