Accessing the Services. You must be an individual at least 13 years old to use the Services and must not have previously been removed or suspended from the Services for any reason. By using the Services, you represent that (i) you are at least 13 years old, and in any case that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and (ii) have not previously been removed or suspended from the Services. Further, by using or registering for the Services, you agree to abide by and comply with these Terms, and you acknowledge that you are accepting the benefit of the Services, subject to these Terms. EF grants you permission to access and use the Services during the Term as set forth in these Terms and consistent with the intended features of the Services, provided that: (i) you use the Services solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Services, including any materials obtained from or included within the Services; and (iii) you do not engage in any of the prohibited uses described below; in each case (i-iii) unless otherwise specifically authorized by EF to do so.
Account Information & Responsibilities. Some portions of the Services may require or permit you to register and you may be asked to select a password to do such things as to open an account, order and access a Product, or submit a customer review. You hereby represent and warrant that the information you provide to EF upon registration (including information provided through third party Linked Accounts, as defined below, where applicable), and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You agree to maintain the confidentiality of your password(s) and account(s), and you agree that you are fully responsible and accountable for all activities that occur under your account(s). You agree to notify us immediately of any unauthorized use of your password or an account or any other breach of security. Notwithstanding the above, we may rely on the authority of anyone accessing your account(s) or using your password(s) and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of EF under this provision, (ii) any compromise of the confidentiality of your account(s) or password(s), and (iii) any unauthorized access to your account(s) or use of your password(s). You may not use anyone else’s account at any time.
Access, Preservation and Disclosure of Information. You acknowledge, consent and agree that EF may access, preserve and disclose your account information and User Content (as defined below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, business interests, property or personal safety of EF its users, its business partners, and the public.
Ownership; Proprietary Rights. The Services are owned and operated by EF. The visual interfaces, graphics, design, compilation, information, computer code, Products, software (including any downloadable software), services, and all other elements of the Services provided by EF (“Site Content”) are protected by United Kingdom copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Site Content is the copyrighted property of EF or its subsidiaries or affiliated companies and/or third parties, except for User Content (if any), to which you retain your copyrights. You agree and understand that Site Content may include Third Party Content, as set forth in further detail below. All trademarks, service marks, and trade names are proprietary to EF or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, reverse engineer, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of EF or any third party.
Linked Accounts and Social Networking Sites. EF may, now or in the future, allow you to link your account(s) on the Services to your accounts on third party services, such as social networking sites (“Linked Accounts”). If you link your account on the Services to a Linked Account, you are authorizing EF to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Services with content, information, and features available through such Linked Account. Linking, accessing or using a third party service through the Services in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.
Third Party Content. EF may contain or display through the Services (including through third party services enabled through the access and use of the software available via the EF Developers Conten) various information, other materials or content from third parties, including User Content (“Third Party Materials”). The display on or through the website and Services of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, approval, recommendation or affiliation of EF. Furthermore, in using and accessing the Services, you agree that EF is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. Your interaction with any Third Party Materials accessed through the Services (whether online or offline) is at your own risk, and EF will have no liability relating thereto.
User Content; No Obligation to Publish. You agree that EF is free to use any communication, photos, stills, videos, footage, comments, information, ideas, concepts, reviews, techniques, content or any other material you may create, send to us or provide through the Services, including, without limitation, surveys, responses to questionnaires or through postings and/or submissions to the website or Services (“User Content”) without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing Products and creating, modifying or improving the Services and our Products. Furthermore, you grant us and those we work with a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute such User Content and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By creating, posting or providing any such material or information, you represent and warrant that public posting and use of such material or information by EF will not infringe on or violate the rights of any third party or require obtaining a license or consent from or paying royalties to any third party for the exercise of any rights granted in these Terms. EF makes no representations that it will publish or make available any User Content on the Services, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, EF complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice (see Section 9 titled “Digital Millennium Copyright Act”, below).
Digital Millennium Copyright Act. EF respects the rights of copyright owners and expects its users to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. You agree not to provide any infringing content to the Services or in any User Content and must own or have all required rights, licenses, consents, and permissions to use any copyrighted work on the Services or in any User Content and grant the rights granted herein. If you believe that your work has been posted on the Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. EF’s designated agent for notice of copyright infringement can be reached at: electronic mail at hello@localhost.
Prohibited Uses of the Services. You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, do or attempt to (unless you are specifically authorized by EF to do so):
- Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Services, use of the Services, access to the Services, or content obtained through the Services (including without limitation Site Content, Third Party Content, and User Content), for any purpose other than for your personal, noncommercial purposes or unless you are specifically authorized by EF to do so via the Terms or contractual agreement;
- Access or use the Services for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, or features that enforce limitations on the use of the Services or any content therein;
- Use any manual or automated means to extract and/or compile content, including without limitation, Site Content, Third Party Materials and User Content, from the Services for any commercial purpose or otherwise;
- Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
- Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message;
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
- Interfere with or disrupt the Services, networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers;
- Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Services, Site Content, Third Party Materials, or User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Services other than as intended;
- Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise);
- Use the Services in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations;
- use any means to scrape or crawl any Web pages contained in the Site; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Termination. EF, in its sole discretion and for any reason or no reason, may terminate your account on the Services, disable your access to the Services (or any part thereof), discontinue the Services and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that EF shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, EF may terminate your account in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies EF may have at law or in equity. Whether such termination was voluntary or involuntary, you acknowledge that EF is not required to provide a refund for any reason, and that you will not receive money or other compensation for any purchased content when your account is terminated.
Indemnity. You agree to indemnify and hold harmless EF Corporation and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other EF users who use any User Content you upload to the Services or other users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Services (including your use or misuse of Third Party Materials); (ii) your User Content or your feedback that you provide to EF; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights. EF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from EF.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SITE, SITE CONTENT, OR ANY OTHER PRODUCT, SERVICE, SOFTWARE, APPLICATION OR INFORMATION PROVIDED BY EF), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IN PARTICULAR, EF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. EF AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES, EF DEVELOPERS CONTENT IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES, EF DEVELOPERS CONTENT, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY EF.
Limitation of Liability. IN NO EVENT WILL EF, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICES, SITE CONTENT, THIRD PARTY MATERIALS OR THE SITES OR THE EF DEVELOPERS CONTENT; (II) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT; OR (III) PLANS MADE OR INFORMATION ACQUIRED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, (I) ANY FEES OR COSTS ASSOCIATED WITH CANCELLED, INTERRUPTED OR DELAYED PLANS; (II) ANY FEES OR COSTS RESULTING FROM MISINFORMATION OR FAILURES IN COMMUNICATION; (III) AND ANY ACCIDENTS OR UNEXPECTED EVENTS OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF EF IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EF, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES THAT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE THE SERVICES.
Limitations; Basis of the Bargain. APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EF, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EF, EF’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT EF WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (AND A CORRESPONDING JURY TRIAL WAIVER) OF ALL DISPUTES (OTHER THAN SMALL CLAIMS DISPUTES AND CERTAIN INTELLECTUAL PROPERTY DISPUTES) WITH EF AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EF AS FOLLOWS: NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR REPRESENTATIVE ARBITRATIONS.
Binding Arbitration; Disputes; Small Claims. YOU AND EF AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, OR THE RIGHT TO HAVE ANY DISPUTE RESOLVED IN ANY COURT, AND INSTEAD ACCEPT THE USE OF BINDING ARBITRATION; provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in United Kingdom. “Dispute” as used in these Terms means any dispute, cause of action, claim, or controversy arising out of or in any way related to EF, the Terms, the subject matter of these Terms, or access to and use of the Services, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of Third Party Materials).
No Class Arbitrations, Class Actions or Representative Actions. You and EF agree that any Dispute is personal to you and EF, and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor EF agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
Confidentiality. The arbitration proceedings shall be confidential. You, EF and the arbitrator shall maintain the confidentiality of any proceedings, including, without limit, with respect to prepared and used for purposes of the Dispute subject to arbitration herunder. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
Dispute and Arbitration Process. If you have a Dispute with EF, you agree to first contact EF and attempt to resolve the Dispute informally by sending a written notice of your claim to EF. The notice to EF must be sent by certified mail addressed to Experimental Foundation to its registered address. The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account, if any; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. If you and EF cannot reach an agreement to resolve the Dispute within 30 days after such notice is received, then either party may commence an arbitration proceeding or file a claim in court. You and EF agree that any Dispute must be commenced or filed within one year after such Dispute arose; otherwise, the Dispute is permanently barred. In the event that you and EF cannot resolve a Dispute and you do not pursue your claims through small claims court, you or EF shall promptly submit the Dispute to binding arbitration at the office of the United Kingdom Arbitration Association.
Right to Opt Out. You may opt out of this agreement to arbitrate, the effect of which is that neither you nor EF can require the other party to participate in an arbitration proceeding. To opt out, you must notify EF in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your EF account, if any, and a clear statement that you want to opt out of this agreement to arbitrate pursuant to these Terms. Please send your request to opt out to Experimental Foundation registered adress.
Unless you choose to opt out as provided above, your agreement to settle Disputes via arbitration as set forth in this Section 17 shall survive termination of these Terms.
18. Governing Law. The laws of United Kingdom, excluding its conflicts of law rules, govern your access to and use of the Services. Your access to and use of the Services may also be subject to national or international laws. EF is based in the United Kingdom and our Services are subject the laws of the United Kingdom. We make no representations or warranties that the Services are appropriate or available for use in other locations.
19. Notices. EF may provide you with notices by electronic mail, regular mail or postings on the Services. If Notice is provided by electronic mail to your last registered email address, notice will be deemed given twenty-four hours after electronic mail is sent. If notice is provided by posting through the Services, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing.
20. Miscellaneous. These Terms are the entire agreement between you and EF relating to the subject matter herein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between you and EF with respect to said subject matter. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of EF to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EF as a result of these Terms or use of the Services. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EF without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
The Services hereunder are offered by:
EF London LTD
Company number: 9402203
Address: 88 Ladbroke Grove, Notting Hill, London, UK, W11 2HE