Terms of Use

AGREEMENT TO TERMS

These Terms of Use are a legally binding agreement between you and EduEmblem.com regarding your access to and use of the EduEmblem.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to EduEmblem.com.

By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE USE.

Supplemental terms and conditions or documents posted on the Site from time to time are expressly incorporated by reference herein. We reserve the right to make changes or modifications to these Terms of Service at any time and for any reason. We will notify you of any changes by updating the “Last updated” date on these Terms of Service, and you waive any right to specific notice of each such change. It is your responsibility to review these Terms of Service on a regular basis to stay up to date on any changes. By continuing to use the Site after the date such revised Terms of Use are posted, you will be subject to, and deemed to have been made aware of and accepted, the changes in any revised Terms of Use.

The information on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where such distribution or use would subject us to any registration requirements within such jurisdiction or country. As a result, those who choose to access the Site from other locations do so at their own risk and are solely responsible for complying with local laws, if and to the extent that local laws apply.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (collectively, the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws. The Site’s Content and Marks are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site, including any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose.

You are granted a limited license to access and use the Site, as well as to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, noncommercial use. We reserve all rights in and to the Site, the Content, and the Marks that are not expressly granted to you.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

(1) you have the legal capacity to enter into these Terms of Use;

(2) you are not a minor in the jurisdiction in which you reside;

(3) you will not access the Site via automated or non-human means, whether through a bot, script, or otherwise;

(4) you will not use the Site for any illegal or unauthorized purpose; and

(5) your use of the Site will not violate any applicable law or regulation.

If you provide false, inaccurate, out-of-date, or incomplete information, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than the one for which we provide it. The Site may not be used in connection with any commercial endeavors unless expressly endorsed or approved by us. As a Site user, you agree not to:

USER-GENERATED CONTRIBUTIONS

Users are not permitted to submit or post content on the Site. We may offer you the opportunity to submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, such as text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewed by other Site users and via third-party websites. As a result, any Contributions you send may be subject to the Site Privacy Policy. When you create or make Contributions available, you represent and warrant that:

1. The creation, distribution, transmission, public display or performance of your Contributions, as well as their access, downloading, or copying, do not and will not infringe any third party’s proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights.

2. You own or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to use your Contributions in any way contemplated by the Site and these Terms of Use.

3. You have obtained the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use their name or likeness in order to include and use your Contributions in any manner contemplated by the Site and these Terms of Use.

4. Your contributions are not deceptive, false, or inaccurate.

5. Your contributions are not unauthorized or unsolicited advertising. promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not (as determined by us) obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.

7. Your contributions should not be used to mock, disparage, intimidate, or abuse others.

8. Your Contributions are not used to harass or threaten (in the legal sense) any other person or group of people, or to incite violence against a specific person or group of people.

9. Your Contributions do not violate any applicable law, rule, or regulation.

10. Your contributions do not infringe on any third party’s privacy or publicity rights.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or sexually or violently exploits people under the age of 18.

12. Your contributions do not violate any applicable law pertaining to child pornography or are otherwise intended to protect minors’ health or well-being.

13. Your contributions do not contain any offensive remarks about race, national origin, gender, sexual orientation, or physical disability.

14. Your Contributions do not otherwise violate, or link to, any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in the termination or suspension of your rights to use the Site, among other things.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide in accordance with the Privacy Policy and your preferences (including settings).

By submitting suggestions or other feedback about the Site, you agree that we may use and share that feedback for any purpose without compensation.

We make no claim to ownership of your Contributions. You retain complete ownership of all of your Contributions, as well as any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations made in your Contributions in any area of the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to release us from all liability and to refrain from taking legal action against us in connection with your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site that you send us (“Submissions”) are non-confidential and will become our sole property. We will own all intellectual property rights and have unrestricted use and dissemination rights to these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and warrant that any such Submissions are your original work or that you have the legal right to submit such Submissions. You agree that you will have no recourse against us in the event of any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; and (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your services. (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems in our sole discretion and without limitation, notice, or liability; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FORBREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. IN OUR SOLE DISCRETION, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING.

If we terminate or suspend your account for any reason, you are not permitted to register and create a new account in your name, a fictitious or borrowed name, or the name of any third party, even if you are acting on their behalf. We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, in addition to terminating or suspending your account.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right, at our sole discretion, to change, modify, or remove the contents of the Site at any time and for any reason. We are, however, under no obligation to update any of the information on our Site. We also reserve the right, at any time, to modify or discontinue all or part of the Site without notice. We will not be liable to you or any third party if the Site is modified, priced, suspended, or discontinued.

We cannot guarantee that the Site will always be available. We may encounter hardware, software, or other issues, or we may need to perform Site maintenance, which may result in interruptions, delays, or errors. We reserve the right, at any time and for any reason, to change, revise, update, suspend, discontinue, or otherwise modify the Site. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service obligates us to maintain and support the Site, or to provide any corrections, updates, or releases in connection with it.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of the site. The site and yourself irrevocably consent that the courts of the site shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any
question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be least. The seat, or legal place, of arbitration shall be do so. The language of the proceedings shall be do so. The governing law of the contract shall be the substantive law of the country.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.

CORRECTIONS

There may be typographical errors, inaccuracies, or omissions in information on the Site, including descriptions, pricing, availability, and other information. We reserve the right, without prior notice, to correct any errors, inaccuracies, or omissions, as well as to change or update the information on the Site.

DISCLAIMER

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT USE OF THE SITE AND OUR SERVICES IS SOLELY AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY INACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR THE SITE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will keep certain data that you transmit to the Site for the purpose of managing the Site’s performance, as well as data about your use of the Site. Despite the fact that we perform routine data backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken while using the Site. You agree that we will have no liability to you for any loss or corruption of such data, and you hereby waive any right to sue us if such loss or corruption occurs.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES

Electronic communications include visiting the Site, sending us emails, and completing online forms. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE.

You hereby waive any rights or obligations under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or credit granting by any means other than electronic means.

MISCELLANEOUS

These Terms of Use, together with any policies or operating rules posted by us on or in relation to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service apply to the fullest extent permitted by law. At any time, we may assign any or all of our rights and obligations to others. We will not be liable or responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision or part of a provision is deemed severable from these Terms of Use and has no bearing on the validity and enforceability of any remaining provisions. As a result of these Terms of Use or your use of the Site, no joint venture, partnership, employment, or agency relationship exists between you and us. You agree that the fact that you drafted these Terms of Service will not be used against us. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the parties’ failure to sign these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us here.