Date of Last Revision – October 30th, 2013
You may access the Websites and view certain free materials without subscribing (“Visitor Access”). Visitor Access will not entitle you to any access to the Portal as described in section 2 but you will be able to access some content (“Free Content”) subject to any terms of acceptable use as set out in these terms.
The Portal is a password protected area of the Websites which is intended to serve as an online learning environment through which registered users ("Users") may subscribe to access courses of video lectures ("Courses") and associated study materials (“Paid Study Materials”) and background materials presented by ESG instructors ("Instructors"). Subscribing Users will also interact with Instructors and ESG teaching assistants ("Teaching Assistants") through the Portal. The Portal will also serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users. Users may also use pages provided on the Portal as a venue to offer and sell certain items to other Users (the terms applying to such pages and any similar marketplace pages created by ESG in the future, are described in Section 7 (ESG Marketplace) below).
3.1.1 you have paid fees, if required, to enrol in any Course or to use an Application (including, without limitation, "in-app payments" made through the Apple Store in respect of certain Applications),
3.1.2 you have set up a valid Profile (as defined below), and for Portal use or Visitor Access:
3.1.3 your use is solely for your personal, non-commercial use;
3.1.4 you will not copy, upload, republish or distribute any part of the Websites or the Applications in any medium without ESG's prior written authorization;
3.1.5 you will not alter or modify any part of the Websites or the Applications other than as may be reasonably necessary to use the Websites and the Applications for their intended purpose;
3.1.6 you will not reverse engineer, disassemble or an Application;
3.1.7 you are at least 18 years of age; and
3.2 In order to access the Portal, you will have to create a Profile. You may never use another's Profile without his or her express permission and you may not provide another person with the username and password to access your Profile. When creating your Profile, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Profile, and you must keep your password secure. You must notify ESG immediately of any breach of security or unauthorized use of your Profile. Although ESG will not be liable for your losses caused by any unauthorised use of your Profile, you may be liable for the losses of ESG or others due to such unauthorised use.
3.3 You may use the Portal to participate in skill based challenges organized by ESG for a chance to win prizes ("Challenges"). Any Challenge in which you participate will be governed by the Contest Rules which will be available in the Portal as well as any specific criteria or parameters described on the Portal in relation to the specific Challenge.
3.4 You agree not to use or launch any automated system, Including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Websites or Applications in a manner that sends more request messages to the ESG servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, ESG grants the operators of public search engines permission to use spiders to copy materials from the Websites and for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ESG reserves the right to revoke these exceptions, either generally or in specific cases, at any time without notice. You agree not to collect or harvest any personally identifiable information, Including Profile names, from the Portal, nor to use the communication systems provided by the Portal for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Portal.
4.1 You acknowledge that the Portal may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that it does so solely at its own risk. ESG makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party.
5.1 An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.
5.2 ESG reserves the right to amend or withdraw any Application at any time and for any reason.
5.3 You acknowledge that the terms of agreement with your mobile network provider ("Mobile Provider") will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
5.4 ESG does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. ESG will not be responsible for any support or maintenance for Applications.
5.5 In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.
6.1 Subject to you purchasing a user subscription and abiding by the terms and conditions of this agreement, we hereby grant to you a non-exclusive, non-transferable right to access online courses (“Course”) and use the course materials (“Course Materials”) during the subscription term (defined at the point of purchase) solely for you private, non-commercial and education use.
6.2 We shall, during the subscription term, provide access to the Course and make the Course Materials available to you on and subject to the terms of this agreement.
6.3 We shall use commercially reasonable endeavours to make the Courses available 24 hours a day, seven days a week, except for:
6.3.1 planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and
6.3.2 unscheduled maintenance performed outside Normal Business Hours, provided that ESG has used reasonable endeavours to give you at least 6 Normal Business Hours’ notice in advance.
You must pay for your subscription by credit card or through Paypal or by other methods specified on the Portal from time to time.
6.4 We are entitled to refuse any order placed by you for any reason. If your order is accepted by ESG, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.
6.5 You undertake that all details you provide to us for the purpose of purchasing Courses from ESG will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
7.2 You agree that the Marketplace is a venue and as such ESG is not responsible or liable for any content, for example, data, text, information, designs, patterns, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on the Marketplace. Your interactions with Users found on or through the Marketplace, Including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other Users. You use the Marketplace at your own risk.
7.3 By listing an item on the Marketplace you warrant that you and all aspects of the item comply with ESG's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale relating thereto. Each Marketplace listing must accurately and completely describe the item for sale in that listing. In respect of items that you list for sale, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions (Including, but not limited to, all patent, trademark, trade secret, copyright or other proprietary rights) to sell such items; provided, however, that ESG is in no way responsible for checking the accuracy of such affirmation, representation and/or warranty.
7.4 All sales of items listed on the Marketplace are binding. The seller is obligated to deliver the item electronically, ship the physical item or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased.
7.5 You agree that ESG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Users. If there is a dispute between Users, or between Users and any third party, you understand and agree that ESG is under no obligation to become involved. ESG does not provide any form of claims resolution procedure. In the event that you have a dispute with one or more other Users, you hereby release ESG, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
8.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.
8.6 You understand and agree that ESG is not obligated to review, and is in no way responsible for the content of and does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and ESG expressly disclaims any and all liability in connection with User Submissions.
8.7 In connection with your User Submissions and otherwise in connection with your use of the Websites and Applications, you agree that you will not:
8.7.1 submit material that is protected by copyright, trade secret or otherwise subject to third-party proprietary rights, Including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ESG all of the license rights granted herein;
8.7.2 publish falsehoods or misrepresentations that could damage ESG or any third party;
8.7.3 submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law;
8.7.4 post advertisements or solicitations of business;
8.7.5 impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
8.7.6 harvest or collect email addresses or other contact information of other Users from the Portal by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
8.7.7 use the Websites and Applications in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites or Applications;
8.7.8 upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8.7.9 upload, post, transmit, share, store or otherwise make publicly available on the Portal any private information of any third party, Including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
8.7.10 upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.7.11 intimidate or harass another;
8.7.12 upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
8.7.13 use or attempt to use another's Profile, service or system without authorization from ESG, or create a false identity on the Portal; or
8.7.14 upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of ESG, is objectionable or which restricts or inhibits any other person from using or enjoying the Portal, or which may expose ESG, the Portal or its Users to any harm or liability of any type.
8.9 In particular, if you are a copyright owner or an agent thereof and believe that any User Submissions, Instructor Submissions or other Content infringes upon your copyrights, you may submit a notification by providing ESG with the following information in writing:
8.9.1 A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
8.9.2 Identification of the copyright work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;
8.9.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
8.9.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
8.9.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
8.9.6 A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8.10 Notifications should be sent to legal(at)everything-stained-glass.com, or contact ESG via regular mail to: ESG Ltd. 28 Camerton road Bristol United Kingdom BS5 6HN
8.11 Upon receipt of notification the ‘Notice and Takedown’ procedure is then invoked as follows:
8.11.1 We will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint. 8.11.2 Upon receipt of a valid complaint the material will be temporarily removed from the Portal pending an agreed solution.
8.11.3 We will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what allegations, and will be encouraged to assuage the complaints concerned.
8.11.4 The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:
184.108.40.206 The material is replaced on the Portal unchanged.
220.127.116.11 The material is replaced on the Portal with changes.
18.104.22.168 The material is permanently removed from the website.
8.11.5 If the contributor and the complainant are unable to agree a solution, the material will remain unavailable on the Portal until a time when a resolution has been reached.
8.12 You understand that when using the Portal, you will be exposed to User Submissions and Instructor Submissions from a variety of sources, and that ESG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Instructor Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Instructor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ESG with respect thereto, and agree to indemnify and hold ESG, its successors, assigns, directors, officers, employees, affiliates, agents, Instructors and Teaching Assistants harmless to the fullest extent allowed by law regarding all matters related to your use of the Portal.
9.1 "Content" means all content on the Websites and Applications, except for all User Submissions and Instructor Submissions, Including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content and Instructor Submissions are subject to copyright and other intellectual property rights under English law and foreign laws and international conventions and are owned by or licensed to ESG.
9.2 Content, Instructor Submissions and User Submissions from other Users on the Websites and Applications are provided to you "as is" for your information and personal use only and may not be used, 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. ESG reserves all rights not expressly granted in and to the Websites, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content, Instructor Submissions or User Submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Portal for any commercial purposes. In no event shall any Content, Instructor Submissions or User Submissions be used for any website, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of ESG and/or the Websites. If you download or print a copy of the Content or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Portal or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Portal or the Content and User Submissions therein.
10.2 The Courses, Course Materials and Free Content are for your own private use and you agree not to use them for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the terms implied by Supply of Goods and Services Act 1982.
11.1 You agree to defend, indemnify and hold harmless ESG and its successors, assigns, affiliates, officers, directors, employees, agents, Instructors and Teaching Assistants 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:
11.1.1 your use of and access to the Websites, Applications and Portal;
11.1.3 your violation of any third-party right, Including without limitation any intellectual property, or privacy right; or
11.1.4 any claim that one of your User Submissions caused damage to a third party.
12.1.1 You may cancel any order for subscription to a Course at any time before the start date for the Course by contacting Us. We will confirm your cancellation in writing to you.
12.1.2 If you cancel an order for a subscription and you have made any payment in advance for the Course that have not been provided to you, we will refund these amounts to you.
12.2 Once we have begun to deliver the Course to you, you may cancel the contract with immediate effect by giving us written notice if:
12.2.1 We break this contract in any material way and we do not correct or fix the situation within 14 days of you asking Us to in writing;
12.2.2 We go into liquidation or a receiver or an administrator is appointed over our assets;
12.2.4 We are affected by an event outside our control.
13.1 If we have to cancel an order for a subscription to a Course before the Course starts:
13.1.1 We may have to cancel an order for a subscription to a Course before the start date for the Course, due to an event outside our control or the unavailability of key personnel or key materials without which we cannot provide the Course or Course Materials. We will promptly contact you if this happens.
13.1.2 If we have to cancel an order for a subscription to a Course and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
13.2 Once we have begun to deliver the Course to you, we may cancel the contract at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for the Course that has not been provided to you, we will refund these amounts to you.
13.3 We may cancel the contract at any time with immediate effect by giving you written notice if:
13.3.1 you do not pay us when you are supposed to; or
13.3.2 you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
15.1 the Websites and Applications shall be deemed solely based in the United kingdom.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).