Last Updated: 13th September 2024
Please read these terms and conditions carefully.
These terms and conditions govern your access to and use of earthcubs.com and its sub-domains (the “Website”) and all mobile applications or services (the “Applications”) operated by Earth Cubs Limited trading as Earth Cubs (“Earth Cubs”, “we”, “us” and/or “our”). References in these terms and conditions to (i) “Sites” means collectively the Website and any Applications, (ii) “Services” means collectively any online facilities, tools, services or content that we make available through our Sites either now or in the future, irrespective of the delivery platform or device you use to access such facilities, tools, services or content.
We strongly recommend that you read these terms and conditions carefully before you start to use our Sites, as these will apply to your use of our Sites and constitute a legal agreement between you and us. If you are under the age of 18, make sure that your parent or legal guardian reads these terms and conditions on your behalf. We recommend that you download a copy of this for future reference.
Certain areas of our Sites (and your access to or use of certain Services) may have different terms and conditions posted or may require you agree with and accept different terms and conditions. If there is a conflict between these terms and conditions and terms and conditions posted for a specific area of our Sites, the latter terms and conditions shall take precedence with respect to your use of or access to that area of our Sites.
When you register with Earth Cubs, you must confirm your acceptance of these terms and conditions and the acceptable use policy. If you do not agree to these terms and conditions and the acceptable use policy, you must not access our Sites and should cancel any subscription in accordance with your cancellation rights (see Cancellation below). If you have any questions please contact us at help@earthcubs.com.
These terms and conditions refer to the following additional terms, which also apply to your use of our Sites and the Services:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
Our Acceptable Use Policy, which is set out below and sets out the permitted uses and prohibited uses of our sites. When using our Sites, you must comply with this Acceptable Use Policy.
Our Cookie Policy, which sets out information about the cookies on our Sites.
Earth Cubs Limited is registered in England and Wales under company number 11900069. Our registered office is located at Broom Cottage, Chillies Lane, Crowborough, TN6 3TB, United Kingdom. Our VAT number is 320 6438 30. Our email is hello@earthcubs.com.
Modifications
We reserve the right to change our Sites, the Services or these terms and conditions from time to time. If we modify these terms and conditions we will post the modification on the Website. By continuing to access or use our Sites or the Services after we have posted a modification, you are indicating you agree to be bound by the modified terms and conditions.
Registration and Payment Method
Earth Cubs offers its services (game, home learning, teacher resources) for free.
Earth Cubs offers a limited selection of its services without requiring the creation of an account. Earth Cubs offers unlimited access to its services with the creation of an account and provision of a current and valid email address. In order to obtain unlimited access, you must register to create an account (“Account”). In order to register an Account, you must be 18 or older. By accessing our Sites or using the Services, you confirm that all information you have provided is accurate, current and complete and you will update and maintain any changes to the information provided to keep it accurate, current and complete. We are entitled to rely on any information you provide to us.
On registration, you will choose a password. You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions. If you know or suspect that anyone other than you knows your password, you must promptly notify us at help@earthcubs.com.
You can cancel your account at any time by contacting our Customer Services team at [help@earthcubs.com](mailto:help@earthcubs.com).
We reserve the right to suspend or terminate your account if you breach these terms and conditions with or without notice. We may also suspend or terminate your account if we are prevented from providing the Services to you by circumstances beyond our control.
We are the owner or the licensee of all intellectual property rights in our Sites and in the Services contained therein, including without limitation, any text, data, videos, photos, graphics, images, animation, games, music, sounds, underlying code and software, communications, illustrations, documentation, data compilations, page layout, icons and any other material and services that users can view, or access through our Sites (the “Content”). Our Sites, the Services and the Content are protected by copyright and other intellectual property laws around the world. All such rights are reserved.
By continuing to use our Sites and the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage in, or otherwise be related to or a part of any reproducing, copying, distributing, licensing, broadcasting, storing or in any other fashion re-using of the Content unless given express written permission to do so by us.
You further acknowledge that all intellectual property rights in the Content anywhere in the world belong to us or our licensors. While you have an account with us we grant you a limited, non-exclusive, non-transferable, license to access our Sites and use the Services for your own personal non-commercial use in accordance with these terms and conditions. Except for the foregoing you have no rights in, or to our Sites, the Services or the Content.
Notwithstanding the above, if the Content is accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then, provided that the educational establishment complies with these terms and conditions, the non-commercial access to the Content is permitted.
We use a variety of security measures to protect the Services made available on our Sites. You agree that you will not attempt to, or assist any other person to, remove or otherwise alter or interfere with such security technology and authorise the disclosure by us to third parties of any information we consider appropriate for the purpose of detecting and taking action against copyright infringements including information concerning the use by you of the Services.
The use of our Sites and the Services is at your own risk and is provided by us on an ‘as is’ and ‘as available’ basis, without warranties or representations of any kind, to the fullest extent permitted by law, including any warranties (express or implied) as to fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Although we will do our best to provide constant uninterrupted access we do not warrant or represent that our Sites, or the Services, will always be available, uninterrupted or error-free or will be corrected if found to be defective. Please note that any of the Services may be out of date at any given time, and we are under no obligation to update it.
You are responsible for making all arrangements necessary for you to have access to our Sites and the Services. You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
No part of the Services is intended to amount to advice on which you should rely when making any decisions or taking any action of any kind.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or the Services, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
You agree not to use our Sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or our application or to your downloading of any content on it, or on any website linked to it.
You acknowledge and agree that we are not liable for any act or failure to act by us or any other person regarding conduct, communication or content through the Services. You acknowledge and agree that your exclusive remedy for any dispute with us is to stop using the Services and to delete any downloaded applications. Our liability to you in connection with any use of our Sites or the Services shall be limited to the total price paid by you for the Services in question.
Whenever you make use of a feature that allows you to upload content to our Sites, or to make contact with other users of our Sites, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a non-exclusive, perpetual, royalty-free, world-wide, transferable licence to use, edit, reproduce, record, modify, translate, store and copy that content, prepare derivative works of and to distribute and make it available to other users of our Sites and third parties and to display any such content you submit to us in any format, including without limitation, print and electronic format and you agree to waive your moral rights in such content.
We also may have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Sites.
We have the right to remove any posting you make on our Sites if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our Sites do not represent our views or values.
We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Sites in any website that is not owned by you (social comment feeds or blog articles are fine).
Our Sites must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our Sites other than that set out above, please contact help@earthcubs.com.
Our Sites may contain links to other sites and resources provided by third parties. These sites and resources are not under the control of Earth Cubs and we assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transactions with any third parties. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on our Sites. The inclusion of a link to another site on our Sites does not imply any endorsement of the sites themselves or of those in control of them.
If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If any provision of these terms and conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these terms and conditions which shall remain in full force and effect.
You agree to defend, indemnify and hold Earth Cubs and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including solicitor’s fees that arise from (i) your use of, or activities in connection with the Services, or those of any child authorised by you; (ii) any violation of these terms and conditions by you or any child authorised by you; or (iii) any allegation that any content that you or any child authorised by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
These terms and conditions, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
“Earth Cubs” is a UK registered trademark of Earth Cubs Limited and you may not use it without written permission from us.
We will send you information relating to your Account (e.g. changes in password, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
The content and features available to access on the Services may vary or be restricted according to the country of access and device. The content library will also change from time to time.
You may use our Sites only for lawful purposes. You may not use our Sites:
You also agree:
We may from time to time provide interactive services on our Sites, including, without limitation, one-to-one messaging services.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Sites, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Sites (“Contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Contributions must not:
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Sites. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions upon which you are permitted to use our Sites, and may result in our taking all or any of the following actions:
We may revise the terms of the acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Our registered office is located at Broom Cottage, Chillies Lane, Crowborough, East Sussex, TN6 3TB United Kingdom . Our VAT number is 320 6438 30. To contact us, please email help@earthcubs.com.
