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Terms and Conditions
Terms of Use

1. Your Acceptance
A. By using and/or visiting this website and all its collective content and functionality you signify your agreement to (1) these terms and conditions (the Terms and Conditions of Use ). If you do not agree to any of these terms or the, please do not use the Early Vision Online Website.
B. Although we may attempt to notify you when major changes are made to these Terms and Conditions of Use, you should periodically review the most up-to-date version (http://www.earlyvisiononline.co.uk/terms). Early Vision Online may, in its sole discretion, modify or revise these Terms and Conditions of Use 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. Early Vision Online Website
A. These Terms and Conditions of Use apply to all users of the Early Vision Online Website, including users who are also contribute content, information, and other materials or images to the experiences section of the Website.
B. The Early Vision Online Website may contain links to third party websites that are not owned or controlled by Early Vision Online. Early Vision Online has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Early Vision Online will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Early Vision Online 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 Early Vision Online Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Early Vision Online Accounts
A. In order to access some features of the Website, you will have to create a Early Vision Online account. You may never use another account without prior permission from Early Vision Online. 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 Early Vision Online immediately of any breach of security or unauthorised use of your account.

4. General Use of the Website -- Permissions and Restrictions
Early Vision Online hereby grants you permission to access and use the Website as set forth in these Terms and Conditions of Use, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Early Vision Onlines prior written authorisation.
B. You agree not to use the Website, including the Early Vision Online Embeddable Player for any commercial use, without the prior written authorisation of Early Vision Online. Prohibited commercial uses include any of the following actions taken without Early Vision Online s express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Early Vision Online website or any third-party website, targeted to the content of specific User Submissions or Early Vision Online content;
* and any use of the Website or its related services that Early Vision Online finds, in its sole discretion, to use Early Vision Online resources or User Submissions with the effect of competing with or displacing the market for Early Vision Online, Early Vision Online content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
C. Prohibited commercial uses do not include:
* any use that Early Vision Online expressly authorises in writing.
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 Early Vision Online 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, Early Vision Online 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. Early Vision Online 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. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
E. In your use of the website, you will otherwise comply with the terms and conditions of these Terms and Conditions of Use and all applicable local, national, and International laws and regulations.
F. Early Vision Online reserves the right to discontinue any aspect of the Early Vision Online Website at any time.
G. Early Vision Online reserves the right to amend the features provided for each subscription package at any time that is associated with your account.
H. Early Vision Online will regularly review any aspect of the website that are provided free of charge and reserves the right to start applying a fee for access and usage.

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 Early Vision Online Website.
A. The content on the Early Vision Online Website, except any User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, service marks and logos, are owned by or licensed to Early Vision Online, 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. Early Vision Online reserves all rights not expressly granted in and to the Website and the Content.
B. You may access Content on this site solely:
* for your information and personal use school use;
* as intended through the normal functionality of the Early Vision Online Service; and
* for Streaming.
Streaming means a contemporaneous digital transmission of an audiovisual work via the Internet from the Early Vision Online Service to a user s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited.
C. 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 User Submissions of third parties obtained through the Website for any commercial purposes.

6. Your User Submissions and Conduct
A. As a Early Vision Online account holder you may submit images and textual content for display no the Early Vision Online Website for use by other Users.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise Early Vision Online to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions of Use.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Early Vision Online, you hereby grant Early Vision Online a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Early Vision Online Website and Early Vision Online s (and its successors and affiliates) business, including without limitation for promoting and redistributing part or all of the Early Vision Online Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Early Vision Online Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions of Use. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove, delete or request to be removed any User content from the Early Vision Online Service. You understand and agree, however, that Early Vision Online may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted or 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 Early Vision Online all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Early Vision Online Code of Ethics & Copyright Agreement which may be updated from time to time, or contrary to applicable local, national, and International laws and regulations.
F. Early Vision Online does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Early Vision Online expressly disclaims any and all liability in connection with User Submissions. Early Vision Online does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Early Vision Online will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another s intellectual property rights. Early Vision Online reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy
A. Early Vision Online will terminate a User s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Early Vision Online reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Conditions of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Early Vision Online may remove such User Submissions and/or terminate a User s access for uploading such material in violation of these Terms and Conditions of Use at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* 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;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Early Vision Online designated Copyright contact to receive notifications of claimed infringement is: Copyright Infringement, Early Vision Ltd, Ross-on-Wye, Herefordshire, England.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the from the copyright owner, the copyright owner s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Contact:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the English law courts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Contact, Early Vision Online may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Early Vision Online s sole discretion.

9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE EARLY VISION ONLINE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EARLY VISION ONLINE, ITS OFFICERS, DIRECTORS, emPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EARLY VISION ONLINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE S CONTENT OR 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 UNAUTHORISED 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, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 EARLY VISION ONLINE WEBSITE. EARLY VISION ONLINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EARLY VISION ONLINE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCHOOLSTUBE 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.

10. Limitation of Liability
IN NO EVENT SHALL EARLY VISION ONLINE, 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 UNAUTHORISED 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, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 EARLY VISION ONLINE 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 EARLY VISION ONLINE 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 Early Vision Online from its facilities in the United Kingdom. Early Vision Online makes no representations that the Early Vision Online Website is appropriate or available for use in other locations. Those who access or use the Early Vision Online Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity
You agree to defend, indemnify and hold harmless Early Vision Online, its parent company, 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 lawyers fees) arising from: (i) your use of and access to the Early Vision Online Website; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Early Vision Online Website.

12. Ability to Accept Terms and Conditions of Use
You affirm that you are either more than 18 years of age, or an emancipated or monitored 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 and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use. In any case, you affirm that you are over the age of 13, as the Early Vision Online Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Early Vision Online Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment
These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Early Vision Online without restriction.

14. General
You agree that: (i) the Early Vision Online Website shall be deemed solely based in England (United Kingdom); and (ii) the Early Vision Online Website shall be deemed a passive website that does not give rise to personal jurisdiction over Early Vision Online, either specific or general, in jurisdictions other than England. These Terms and Conditions of Use shall be governed by the internal substantive laws of England and the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Early Vision Online that arises in whole or in part from the Early Vision Online Website shall be decided exclusively by a court of competent jurisdiction located in England, United Kingdom. These Terms and Conditions of Use and any other legal notices published by Early Vision Online on the Website, shall constitute the entire agreement between you and Early Vision Online concerning the Early Vision Online Website. If any provision of these Terms and Conditions of Use 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 and Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and Early Vision Online s failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. Early Vision Online reserves the right to amend these Terms and Conditions of Use at any time and without notice, and it is your responsibility to review these Terms and Conditions of Use for any changes. Your use of the Early Vision Online Website following any amendment of these Terms and Conditions of Use will signify your assent to and acceptance of its revised terms. YOU AND EARLY VISION ONLINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE EARLY VISION ONLINE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



Code of Ethics & Copyright Agreement

Content Guidelines for uploading user generated content onto the Early Vision Online Website:
Members of the Early Vision Online community operate in a medium which enables user generated and member content to be viewed, read and listened to across the globe.
Including but not limited to academic/scholastic settings whereby audience member(s) may be minors.
We believe in a care of duty to our staff, users and audience which requires the material that is displayed on the Early Vision Online portal to be of a representative and realistic nature that is balanced and unbiased towards any member of the public in whatever country or locality they are viewing the material. Adheres and operates within the guidelines of the law in any local jurisdiction and respects copyright of individuals, organisations and businesses.
We expect all content to respect the truth and to be reported in a fair and just way. All content that is uploaded onto the Early Vision Online Website is verified and checked for acceptability before it is included onto the site.
We must stress that content uploaded into the site must match and respect the audience in schools, educational establishments and in the community.
Early Vision Online content must:
a) Operate within the law when identifying minors and parental agreement must be obtained prior to any footage containing minors being taken and uploaded onto the Early Vision Online portal
b) Content must recognise and adhere to privacy and copyright laws.
c) Libellous or slanderous content should not be uploaded Early Vision Online is not the place for this type of material.
d) Avoid content that may endanger students, individuals or school / business personnel.
e) Show good taste in reporting, avoiding vulgarity or obscenity.
f) Follow the highest standards of integrity and ethical behaviour.
Content Policy
Here are some common-sense rules that will help you decide if Early Vision Online is the right place for your content:
2) Do not post content showing any material that is sexually explicit, violent or shows any content that shows any law breaking activities.
3) Early Vision Online is not a shock site. Do not post content that is likely to offend of cause to any other user.
4) Respect copyright. Only upload content that you made or that you have obtained the rights to use. This means do not upload content you did not make, or use copyrighted that someone else owns the copyright to without their permission.
5) Do not create misleading descriptions, tags, titles or thumbnails in order to increase views.
Please take these rules seriously and take them to heart. Do not try to look for loopholes or try to lawyer your way around them, please understand them and try to respect the spirit in which they were created. Violations of this and any other published Early Vision Online policy may result in a warning notification or may result in the termination of your account and deletion of all your content. We decide whether we believe your violation of our policies should result in termination of your account. If you have an account terminated you are prohibited from ever signing up for another account!
Remember the Early Vision Online audience is composed of students and individuals of all age groups from all sectors of the community please remember and respect this and abide by acceptable behaviour rules.
If content is deemed too risky or unacceptable it will not be cleared for viewing onto the site.
If content that has been cleared for viewing is flagged up for any reason, an investigation into the reasons for this flagging up of the material will be entered into.
Breaches of the flagging process and uploading of undesirable material may result in the suspension or removal of accounts along with the reported offence being forwarded onto local authorities.
Content and accounts can and will be removed or halted from public viewing without prior notice.
This notice is correct as of July 7th 2011, and will be updated without prior notice as required.