TERMS & CONDITIONS
By accessing, using, browsing or downloading in any way, without limitation, any material on the Website, you agree to and are bound by these Terms.
Capacity to Accept these Terms
You represent that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Regardless, you affirm that you are 13 years of age or older, as the EOS Website is not intended for children under 13. If you are under 13 years of age, then please do not use the EOS Website. If you are under 13 years of age and need to access the EOS Website, request parental or guardian assistance.
Restrictions on Use
EOS hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without EOS’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms.
In order to access some features of the Website, you may have to create an account. You may never use another’s account without permission. 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 EOS immediately of any breach of security or unauthorized use of your account.
Unless you have first obtained prior written approval, you may not do any of the following:
Use any robot, RATs, keyboard loggers, time bombs, spyware, adware, spider or any other automatic devices not provided by us to extract any data or content from the Website;
Interfere disrupt, or attempt to gain unauthorized access to other accounts on the Website or any other computer network;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary content, including page layout or form; use of any meta tags or any other “hidden text” utilizing the EOS name or trademarks.
Post or submit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense;
Creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; and
Engaging in any other activity deemed by EOS to be in conflict with the spirit or intent or the website.
Intellectual Property Rights
The use of EOS trademarks, service marks and logos is prohibited without EOS’s prior written consent and EOS will strictly exercise and enforce its rights to the fullest extent of the law. You may not use, copy, republish, upload, modify, reproduce, distribute or use EOS’s Website content in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from EOS. All of the Website content is copyrighted including, but not limited to, all text, design, graphics, images, sound files, video, interfaces, code, layout, and the selection and arrangement thereof appearing or included from time to time on the Website except where explicitly noted otherwise. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content herein.
If you believe any content on the Website infringes your copyright, you may request removal of such content from the Website by contacting EOS’s legal department by mail using the address below or email at firstname.lastname@example.org. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (c)(2), please provide the following information:
- Your name, address, telephone number, and e-mail address.
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and include a copy of the location (URL) of the unauthorized version of your work.
- A statement that you have a good faith belief that the Website content is not authorized by the copyright owner, its agent, or the law.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Attn: General Counsel
Earl of Sandwich (USA), LLC
4700 Millenia Blvd
Orlando, Florida 32839
The Website content may now or in the future permit the submission of photos, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, EOS does not guarantee any confidentiality with respect to any User Submissions. You agree that EOS may publish your name and User Submission on the EOS Website or in press releases or other mediums.
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: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize EOS 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 (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by EOS. EOS may use such submissions in any manner in the sole discretion of EOS. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to EOS, you hereby grant EOS a perpetual worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and other EOS or successor business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Website and under these Terms.
In connection with User Submissions, you further agree that you will not: (i) submit copyrighted material, material protected by 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 EOS all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage EOS or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. EOS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and EOS expressly disclaims any and all liability in connection with User Submissions. EOS reserves the right to remove Website content and User Submissions without prior notice. EOS also reserves the right to decide whether Website content or a User Submission is appropriate and complies with these Terms. EOS may remove such User Submissions and/or terminate Website access for uploading material in violation of these Terms at any time, without prior notice and at its sole discretion.
The Website and the Website content are provided on a “as is” basis. To the fullest extent permitted by law, EOS, its parent, subsidiaries, and affiliates (“EOS Entities”), and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranty of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The EOS Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (c) the Website will be free from human and machine errors, omissions, delays, interruptions and losses, including loss of data; or (d) functions or services performed on the Website will be uninterrupted or error-free.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EOS DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF EOS.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE EOS ENTITIES SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY DAMAGES, DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR WORMANLIKE EFFORT OR CONDUCT) ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE,EVEN IF EOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE EOS GOODS AND SERVICES, FROM INABILITY TO USE THE EOS GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EOS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
You agree to defend, indemnify and hold harmless, EOS, its parent company, affiliates, 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 attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy act; 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 your use of the Website.
You also agree to indemnify, defend and hold harmless EOS and its third party providers, from and against any and all losses, damage, liability and costs of every nature incurred by any claim, damage or loss related to or arising out of your use of the Website or related Websites, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms.
EOS reserves the right to refuse service or decline orders for any reason. Accordingly, EOS may request written verification and proof of a user’s identity by supplying EOS with a copy of government issued photo identification at EOS’s sole discretion.
EOS has the right to terminate your access to the Website content for any reason whatsoever, if EOS, in its sole discretion, considers your use to be unacceptable or in violation of these Terms. EOS may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website.
EOS may elect to resolve any controversy or claim arising out of or relating to these Terms or the Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Governing Law and Exclusive Jurisdiction
This Website is controlled by EOS from its offices within the United States of America. EOS products and services are available in many parts of the world, but services are not available worldwide. Claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website shall be governed by the laws of the State of Florida, U.S.A without regard to its conflict of law provisions. You hereby consent to jurisdiction in a state or federal court in Orange County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.
© Earl of Sandwich (USA), LLC. All Rights Reserved 2011.
The following terms and conditions apply to all Earl of Sandwich gift cards: