Terms & Conditions

Last Updated 14/01/2014
Non Exclusive License Agreement (Click to Open/Close Tab)

NON-EXCLUSIVE LICENSE AGREEMENT

These terms apply if you are licensing an existing HTML5 game from English Acorn. By purchasing this Non-Exclusive License for the related Product or Work (hereinafter “WORK”)  you agree to the following.

This is an agreement between yourself (hereinafter “LICENSEE”) the purchaser of the Non-Exclusive License or the Principal to the purchasing agent of the Non-Exclusive License and with Adam English (hereinafter “LICENSOR”) the owner of the website http://www.englishacorn.com and owner and copyright holder and licensor of the related WORK and all of it’s assets and artwork that are ship via electronic download with the purchase of this Non-Exclusive License.

You agree that you have tested the WORK by following the hyperlinks presented to you on the WORK’s product page at the LICENSOR’s online store and have concluded that the WORK is of satisfactory quality and stability to purchase this license.

You agree not to use the WORK for any or to promote any illegal activity or pornographic materials.

You agree to only host the WORK on one domain, but you may host the WORK on unlimited sub-domains.

1. Licence Agreement: This Licence provides a perpetual (unless terminated as provided herein), non-exclusive, non-transferable licence of a version of the WORK modified/branded specifically for the LICENSEE, for use on their website (one domain) and subsites (unlimited subdomains). The LICENSEE will be provided with HTML5 files of the WORK , and if applicable, other files. The Licence does not include the source code or source graphics files for the WORK . (See 3: Ownership). The WORK may be coded to the specific URLs that the LICENSEE specifies, ensuring it only runs from those sites.

2. Restrictions on use: The LICENSEE will not attempt to modify, create a derivative work of, recreate, generate, reverse engineer, translate, disassemble, decompile, decipher, create derivative works of, circumvent any technological controls on, or otherwise attempt to derive source code, for any portion or version of the WORK . The LICENSEE shall not use the WORK in cases which could lead to death, personal injury or severe environmental damage. The LICENSEE may not sublicense the WORK to any other party, including seeding websites who claim non-exclusive ownership in their terms and conditions.

3. Ownership: Ownership, Title to, and ownership of, the WORK and all copies thereof, and all information supplied by LICENSOR relating to the WORK , regardless of type or form (including all rights in patents, copyrights, trademarks and trade secrets applicable thereto) will at all times remain with LICENSOR. This license does not constitute a sale of the WORK or any portion or copy thereof, including but not limited to source code, graphics and sound files). You may not claim ownership of the WORK , or it’s graphics, code, designs and logos.

4. Limitation of Warranty: The warranty set forth in this section constitutes the only warranty made by LICENSOR with respect to the WORK . It is in lieu of all other warranties or conditions, written or oral, statutory, express or implied, including without limitation, any implied warranties against infringement of third party property rights, merchantability or fitness for a particular purpose or arising from a course of dealing, trade usage or trade practice. specifically, but without limitation, LICENSOR makes no warranty that operation of the software will be uninterrupted or error-free, or will conform to any reliability or performance standards. all materials provided to the LICENSEE under this agreement are provided “as is.”

5. Limitation of Liability: In no event shall LICENSOR be liable under any claim, demand, or action arising out of, or relating to, the WORK , or for LICENSORs’s performance (or lack thereof) under this agreement, for any special, indirect, incidental, punitive, exemplary, or consequential damages, or any indirect damages for loss of business, intellectual property claims and/or copyright claims, damage to property (including, without limitation, loss or damage to any data, software, hardware or network of LICENSEE or LICENSEE’s employees, agents or contractors), whether or not LICENSEE has been advised of the possibility of such claim, demand, or action.

6. Indemnification: LICENSEE shall defend, indemnify and hold harmless LICENSOR and its successors and assigns, and its employees and agents from and against any and all liabilities, losses, damages, claims, suits and expenses, arising from any use of the WORK or and part of the WORK .

7. Termination: LICENSOR may terminate this Agreement if LICENSEE is in default of any of the terms and conditions of this Agreement, and termination is effective if LICENSEE fails to correct such default within fourteen (14) days after written notice thereof by LICENSOR.

8. Use of LICENSOR name: LICENSEE may not use the LICENSOR name, trademarks, service marks, or logos on any commercial or promotional materials without the express written consent of LICENSOR.

9. Use of WORK characters and Intellectual property: LICENSEE may not use the WORK characters, graphics, logos and designs in any medium outside of the Flash WORK or Internet websites. Examples of uses not allowed include but are not limited to: any physical medium such as toys, stickers, books, branded stationery, plush toys, clothing, product tie-ins, food and drink, posters, DVD and CD, keyrings.

10. Connections to Facebook within the WORK : Any connections to Facebook API and/or systems and/or pages are guaranteed to work at the time of purchase. LICENSOR shall not be liable for any future failure of any Facebook connections within the WORK in the event that Facebook change their systems, rules, terms and conditions. The LICENSEE is responsible for checking that the WORK complies with the current Facebook usage terms and condtions.

Free Capx License Agreement (Click to Open/Close Tab)

FREE CAPX LICENSE AGREEMENT

Permissions:

  • You can use the Capx file and any of the artwork, audio or other assets in whole or in part within your own commercial projects

Limitations:

  • You agree to not sell or resell any of the artwork, audio or other assets in whole or in part contained within the associated downloaded zip file or Capx file.
  • You agree not to sell or resell in whole or in part the associated  downloaded zip file or Capx file.

Summary Explanation:

As long as you use the Capx file and assets within and amongst your own project, you can use them commercially. But you do not have permission to simply resell the Capx files or assets files as they are. They must be contained within your project or a third-party project. This is to prevent customers from simply downloading the free files available on this site and selling them ‘as they are’ without editing or incorporating them within another project.

 

General Use (Click to Open/Close Tab)

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.][This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our [ENGLISHACORN]’s use of cookies in accordance with the terms of ENGLISHACORN’s [privacy policy / cookies policy].]

License to use website

Unless otherwise stated, ENGLISHACORN and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

· republish material from this website (including republication on another website);

· sell, rent or sub-license material from the website;

· show any material from the website in public;

· reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

· [edit or otherwise modify any material on the website; or]

· [redistribute material from this website [except for content specifically and expressly made available for redistribution].][Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ENGLISHACORN’s express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.][You must not use this website for any purposes related to marketing without ENGLISHACORN’s express written consent.]

[Restricted access

[Access to certain areas of this website is restricted.] ENGLISHACORN reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at ENGLISHACORN’s discretion.

If ENGLISHACORN provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

[ENGLISHACORN may disable your user ID and password in ENGLISHACORN’s sole discretion without notice or explanation.]

[User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to ENGLISHACORN a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ENGLISHACORN the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ENGLISHACORN or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ENGLISHACORN reserves the right to edit or remove any material submitted to this website, or stored on ENGLISHACORN’s servers, or hosted or published upon this website.

[Notwithstanding ENGLISHACORN’s rights under these terms and conditions in relation to user content, ENGLISHACORN does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. ENGLISHACORN makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, ENGLISHACORN does not warrant that:

– this website will be constantly available, or available at all; or

– the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

ENGLISHACORN will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

– [to the extent that the website is provided free-of-charge, for any direct loss;]

– for any indirect, special or consequential loss; or

– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ENGLISHACORN has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ENGLISHACORN’s liability in respect of any:

– death or personal injury caused by ENGLISHACORN’s negligence;

– fraud or fraudulent misrepresentation on the part of ENGLISHACORN; or

– matter which it would be illegal or unlawful for ENGLISHACORN to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, ENGLISHACORN has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ENGLISHACORN’s officers or employees in respect of any losses you suffer in connection with the website.][Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect ENGLISHACORN’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ENGLISHACORN.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ENGLISHACORN and undertake to keep ENGLISHACORN indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ENGLISHACORN to a third party in settlement of a claim or dispute on the advice of ENGLISHACORN’s legal advisers) incurred or suffered by ENGLISHACORN arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to ENGLISHACORN’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ENGLISHACORN may take such action as ENGLISHACORN deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ENGLISHACORN may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

ENGLISHACORN may transfer, sub-contract or otherwise deal with ENGLISHACORN’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions [, together with privacy policy,] constitute the entire agreement between you and ENGLISHACORN in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

ENGLISHACORN’s details

You can contact ENGLISHACORN by email to [info@englishacorn.com].