The following terms and conditions are the contract between you and Gemini Leisure Limited, company number 13474709 (‘we’, ‘our’ or ‘us’) relating to your use of Adore Your Addiction.
Our registered business address at which you should contact us is 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE.
These terms apply to you, so far as the context allows to you as a User of Adore Your Addiction. They prevail over any terms proposed by you.
We may change these terms in any way at any time. If we do so, we shall tell you by email, giving you reasonable notice before the new terms take effect to inform us if you would like to cancel your contract with us. If you do not cancel your contract we shall reasonably assume that you accept the changed terms.
If you have any questions about our terms and conditions, please contact us.
In this agreement:
|‘Account’||means the records we hold relating to a User, and the transactions and interactions between that User, other Users and us. It includes information relating to settings and choices made by the User in relation to use of Adore Your Addiction.|
|‘Adore Your Addiction’||means the services that we provide through our Website.|
|‘Channel’||means the pages on the Website that highlight Content Posted by a Creator.|
|‘Consume’||means to access, to view, to watch, to listen to, to interact with or otherwise to derive benefit from Content. The terms ‘Consumed’, ‘Consuming’ and ‘Consumption’ shall be interpreted accordingly.|
|‘Consumer’||means a User who Consumes a Creator’s Content.|
|‘Consumer Payment’||means the sums of money paid or payable by a Consumer in respect of a Transaction including any and all Tips.|
|‘Content’||means data, information, content or material that may include, among other things: text (including comments, reviews and hashtags), images (including photographs), sounds (such as music), livestream material, videos and animations.|
|‘Creator’||means a User whose Account includes a Channel.|
|‘Earnings’||means the Consumer Payment less our Fee less any Tax.|
|‘Fee’||means the fee payable to Gemini Leisure Limited by the Creator for the services we provide through Adore Your Addiction.|
|‘Intellectual Property’||means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.|
|‘Post’||means broadcast, contribute, display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on the Website. The terms ‘Posted’ and ‘Posting’ shall be interpreted accordingly.|
|‘Creator/Consumer Contract’||means the terms under which a Consumer agrees to Consume the Content of a Creator.|
|‘Subscription’||means a series of recurring payments made by a Consumer at regular intervals during a Subscription Period to Consume Content Posted by a particular Creator.|
|‘Subscription Period’||means the period of time during which a Subscription is active.|
|‘Tax’||means all forms of tax, duties, contributions, levies and withholdings liable to or imposed by a government or other authority, whether in the UK or elsewhere, including VAT.|
|‘Tip’||means a discretionary payment made by a Consumer to a Creator.|
|‘Transaction’||means an arrangement whereby a Creator grants a licence to a User to Consume Content Posted by the Creator, including but not limited to being on a Subscription basis or on a pay-per-view basis.|
|‘United Kingdom’||means the United Kingdom of Great Britain and Northern Ireland.|
|‘User’||means anyone who uses Adore Your Addiction or who accesses our Website.|
|‘VAT’||means value added tax in the United Kingdom or any other similar tax imposed by any other authority elsewhere.|
|‘Website’||means the website at www.adoreyouraddiction.com that is owned or operated by us.|
In this agreement unless the context otherwise requires:
2.1. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.3. In this agreement references to a party include references to that person’s successors, legal representatives, permitted assigns and any person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.4. The headings to the paragraphs to this agreement do not affect the interpretation.
2.5. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.6. In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
2.7. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.8. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract
3.1. This agreement contains the entire agreement between you and us and supersedes all previous agreements and understandings between the parties.
3.2. So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
3.3. In entering into this contract you have not relied on any representation, warranty, information or document or other term other than that given on our Website.
3.4. Where we provide a service without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of that service.
3.5. Should these terms conflict with any other information we provide on our Website or elsewhere, then you agree that these terms prevail.
3.6. You may not transfer your rights or obligations under your agreement with us without our prior written consent.
3.7. We may transfer our rights and obligations under this agreement to others. For example, we may do so if we sell our business.
4. Our relationship
4.1. Adore Your Addiction is a platform that allows Creators to Post Content and Consumers to Consume it.
4.2. We are not involved in any Transaction between a Consumer and a Creator except to collect the Consumer Payment from the Consumer on behalf of the Creator and pay such amount less Fees and Taxes to the Creator.
4.3. Every Transaction is regulated by the Creator/Consumer Contract.
4.4. We make no claim as to, and have no liability to you for:
4.4.1 the appropriateness of your decision to Post or to Consume any Content;
4.4.2 the suitability for your Consumption of the subject matter of any Content;
4.4.3 the quality any Content; and
4.4.4 the availability of any Content for your Consumption.
5. Your Account
5.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
5.2. You agree that you are responsible for maintaining the confidentiality of your Account and password and for preventing any unauthorised person from using your Account.
5.3. You agree to accept responsibility for all activities that occur under your account or password, including unauthorised payments or withdrawals of funds. You should tell us immediately if you believe some person has accessed your account without your authority. You should also sign in to your account and change your password.
5.4. You agree that you will sign out of your account at the end of each session of use, particularly if you accessed Adore Your Addiction from a publicly available or shared device.
5.5. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
5.6. You must not sell, rent, share or otherwise transfer your Account or any Content accessible through it, with or to any other person.
5.7. To Post or to Consume Content you must first create an Account. By creating an Account, you warrant that:
5.7.1 you are over the age of 18 and old enough to enter into a legal contract in the legal jurisdiction in which you are located;
5.7.2 you are permitted to access our Website under the laws of the legal jurisdiction in which you are located; and
5.7.3 you have not previously registered an Account that we terminated or suspended.
5.8. You hereby consent to receiving communications from us by electronic means, including by email message and by messages posted to your Account.
5.9. We may reject any application to register an Account for any reason.
5.10. If you lose access to your account, you may reset your password if you know and have access to the email address you used when you registered the account. If you do not have access to the email address then:
5.10.1 it is at our complete discretion as to whether or not we change your registered email address or password; and
5.10.2 you are aware that before we make such a decision, we may ask you to provide any documents that we require to verify your identity.
5.11. Before we agree to provide you with a Channel you agree to provide us with:
5.11.1 a copy of a form of identification and photographs of yourself as requested at the time of application for the Channel; and
5.11.2 bank information relating to an account in your name or that you control.
5.12. If you designate that a corporate entity should receive your Earnings then we may request, and you agree to provide, such evidence that proves that you are the person who owns more than 50% of the shares in that entity. You also warrant (promise) that the entity, its directors and officers and all shareholders will comply with all laws in the United Kingdom and the legal jurisdiction in which the entity is registered, including those relating to taxation.
5.13. If you are registered for VAT then you should provide us with your VAT number.
5.14. We may also ask for any other information we need in order to verify your identity.
5.15. If you use an agent to carry out any work on your behalf in respect of your Account or your Content, your responsibilities under these terms remain. Our relationship is with you, not with your agent.
6. Content on our Website
6.1. If you Post Content to our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it. You accept all risk and responsibility for determining whether any Content is in the public domain and is therefore no longer confidential.
6.2. You understand that deleting your Account may neither remove Content from the public domain nor prevent the distribution of your Content if that Content is already in the public domain elsewhere.
6.3. Posting Content of any sort does not change the rights of ownership in, or to use of it. We have no claim over these rights and have no obligation to protect your rights for you.
6.4. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
6.5. Without their prior written consent you may not record, reproduce, share, Post or distribute Content comprising intellectual property of another User.
6.6. You may not Post any Content that is of low quality, repetitive, misleading or which has the intention or effect of gaming any algorithm so as to increase any Creator’s views or interactions.
6.7. You may not pass off pre-recorded Content as being broadcast live.
6.8. You may not knowingly place or introduce into any Content any virus or software that is malicious or technologically harmful to us or to any User.
6.9. We may, but have no obligation to, select review or moderate any Content to make it compliant with these terms and/or any applicable law.
6.10. We do not approve Content before it is Posted. Views expressed by Creators and Consumers do not necessarily represent our views.
6.11. You agree that you have no obligation to follow suggestions or instructions in Content provided by another User and we shall not be responsible for any outcome if you choose to do so.
6.12. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
6.13. We make no guarantee that a Creator will receive any Earnings from Posting Content or otherwise using Adore Your Addiction.
6.14. We may suspend access to any Content of which we become aware that does not comply, or which we reasonably suspect does not comply with our terms and/or any applicable law.
6.15. You acknowledge that you are aware that some Content may be suitable only for Consumption by people over 18 years of age and/or in private locations.
6.16. You agree that we will not be responsible to you if you suffer any loss or damage as a result of you Consuming Content that results in breach of any contract you have with a third party or in breach of any applicable law.
6.17. You agree that you will, at your own cost, provide reasonable assistance to us so that we may determine whether Content Posted by you complies or not with our terms and/or any applicable law. If you fail to do so, we may reasonably assume that the Content does not comply.
6.18. After we have investigated whether Content does not comply with our terms and/or any applicable law we may take any action we consider appropriate, including but not limited to, reinstating access to the Content or deleting it permanently, without notifying you or obtaining your consent.
6.19. We shall not be liable to you for any loss arising from suspension or deletion of any Content.
Terms for Creators
If you are a Creator then the following terms also apply:
6.20. We do not endorse any Content you Post nor make any representation about it to anyone.
6.21. You warrant (promise) that any Content you Post is:
6.21.1 of satisfactory quality given the price, your description of it and any other representation you make about it;
6.21.2 accurately described; and
6.21.3 reasonably suitable for the purpose for which it may be Consumer.
6.22. You agree to be liable to us for any cost we incur if your warranties regarding your Content are untrue.
6.23. If you Post any Content in which any other person is shown or is heard, whether or not that person may be identified from that Content, you warrant that the person is:
6.23.1 is a Creator who has agreed to these terms; and
6.23.2 has given his, her or their express consent prior to the Content being Posted to being shown or heard within that Content.
6.24. If the Intellectual Property in any Content is co-owned with any other person then in Posting that Content you warrant that you have sufficient rights to do so.
6.25. You agree that we shall only be liable to pay Earnings to the Creator who Posts Content and not to any other person, including but not limited to anyone who is shown or is heard in that Content or any co-owner.
6.26. Any Earnings sharing arrangement between co-owners of Posted Content shall remain independent of our business and private between those co-owners.
6.27. You agree to release us from any claim made against us in relation to rights or payments in respect of co-owned Content and that any such claim shall be made against the Creator who Posted it.
7. Subscriptions and payments by Consumers
7.1. Every Transaction is regulated by the Creator/Consumer Contract to which we are not party. Our role is simply to collect the Consumer Payment for the Transaction on behalf of a Creator in return for a Fee.
7.2. Prices are set by Creators.
7.3. Prices are exclusive of VAT, which if chargeable, will be added at the currently applicable rate during the checkout process.
7.4. Tips are inclusive of VAT if the Creator is liable for VAT and if we are responsible for collecting VAT.
7.5. You must have added a payment method to your Account before you may create a Subscription.
7.6. Payment information is not collected by us but rather by our payment processor directly.
7.7. The provider of your payment method may change you additional currency conversion fees if you pay in a currency that is not the base currency shown as part of the price. We have no control over currency exchange rates or charges made by your payment card or method. We have no responsibility for paying any charges or fees imposed by your payment method provider.
7.8. Except where access to a Creator’s Content is offered for free for a given time period or where otherwise stated, access to Content on a subscription basis continues indefinitely until you request that your access to the Content should be cancelled.
7.9. Our payment provider will take payment from your payment method before a Subscription starts, and then in advance on the same day of the month each month for the duration of the Subscription period. By requesting access to Content on a Subscription basis, you authorise and consent to our payment provider taking such payments.
7.10. If you cancel a Subscription then your access to the relevant Content shall end on the day that payment for the Subscription would have been taken.
7.11. You agree that if you ask your payment method provider to make any chargeback on your payment method then you will be liable to us for any charges we incur in relation to that chargeback, including the cost of management time we spend investigating the chargeback. If, in our sole opinion, consider that a chargeback was made without good reason then we may suspend or terminate your account.
8. Payments to Creators
8.1. Consumer Payments will be taken from Consumers by a payment provider chosen by us.
8.2. After we have received a Consumer Payment, we shall reflect the Earnings due to you on your Account balance within a reasonable time period.
8.3. You may withdraw Earnings subject to:
8.3.1 only [X] withdrawals within a [30 day] time period;
8.3.2 only when the balance of your unwithdrawn Earnings is greater than £[X]; and
8.3.3 having provided us with information about your bank account required by these terms.
8.4. If a Consumer makes a chargeback on their payment method for whatever reason, you agree that we may deduct the amount of the chargeback from your unwithdrawn Earnings.
8.5. You agree that we may withhold or prevent you from withdrawing Earnings
8.5.1 if we reasonably believe that you have breached or may breach any of these terms; or
8.5.2 if we believe for any reason that the Earnings have resulted from unlawful activity, either by you or by the Consumer;
for as long as necessary to investigate the circumstances under which we have withheld or prevented withdrawal and that if we conclude that our beliefs were correct and that as a result we may suffer a loss then we may take such Earnings as required to make good such loss.
8.6. We suggest that all Creators seek professional tax advice to ensure compliance with tax law.
8.7. We are not responsible to you for the payment of your taxes.
8.8. You warrant that you have complied and will comply with all legal obligations to keep records, to produce invoices, accounts and other documentation, and to report Earnings, payments or profits made by you in connection with your use of Adore Your Addiction.
8.9. We retain the right to terminate this contract with you should we become aware that you have not complied with any legal requirement in respect of reporting or payment of taxes.
If you are registered for VAT in the United Kingdom then:
8.10. In respect of VAT only, you provide your services to us and not to Consumers.
8.11. You agree to provide us with your VAT number.
8.12. You agree that you will provide us with a VAT invoice in a format that we approve when you request to withdraw Earnings.
8.13. On any invoice to us, you will add VAT at the prevailing rate to the Earnings you are requesting to withdraw.
8.14. At our discretion, we may choose to pay you the VAT component separately to the Earnings.
8.15. You are responsible for paying VAT to HM Revenues and Customs.
8.16. You will keep copies of all VAT returns, receipts of submissions and other document related to payments made by us to you.
9.1. You may terminate this agreement at any time, for any reason, with immediate effect either by completing the process on the Website to delete your Account or by giving us notice in writing at our registered business address.
9.2. We reserve the right to check the validity of any request to delete your Account before we allow you to complete the process.
9.3. We may terminate this agreement at any time, for any reason, by giving you 30 days’ notice by email or by electronic message to your Account.
9.4. We may also terminate this agreement at any time with immediate effect (‘Immediate Termination’) if we reasonably suspect that:
9.4.1 you have seriously or repeatedly breached the terms of this agreement; or
9.4.2 you may breach the terms of this agreement in such a way that has serious consequences, including financial and loss of reputation, for us or for any User.
9.5. On termination by either party:
9.5.1 your right to use Adore Your Addiction in any way ceases;
9.5.2 at our complete discretion we may delete any information relating to your account, including Creators you follow, messages that you have sent, and any Content that you have Posted;
9.5.3 we shall end any Subscription made by you to a Creator;
9.5.4 if you are a Creator then we may withhold any Consumer Payment due to you but not yet paid until we determine such amount that we should pay to you.
9.6. In the event of such termination by us, we will within 30 days refund to you the balance of any Subscription that has already been paid, pro rata with time not elapsed.
9.7. There shall be no re-imbursement or credit if the Service if the termination is Immediate Termination.
10. Non-permitted uses
10.1. You must not use any automated application or process to access our systems and scrape, collect or gather Content or information, or otherwise attempt to derive our Intellectual Property.
10.2. You agree that you will not use Adore Your Addiction nor allow it to be used in any way:
10.2.1 that may exploit, harm or attempt to exploit or harm any vulnerable person, including but not limited to children under 18 years old;
10.2.2 to stalk, abuse, threaten or intimidate any person;
10.2.3 that may mislead or deceive any other User; and
10.2.4 that could affect the security of our systems or our ability to continue to provide our services or which could disrupt any other User’s use of our services.
10.3. You agree that you will not use or allow anyone else to use our Website to Post Content that:
10.3.1 is or may be malicious, discriminatory or defamatory;
10.3.2 is or may be considered illegal in the United Kingdom or the legal jurisdiction in which you are located;
10.3.3 is or could be considered threatening or to encourage violence;
10.3.4 shows, includes or refers to any vulnerable person or group of vulnerable people (including children under the age of 18) or any other person without the express written consent of that person;
10.3.5 shows or promotes any goods whose sale, possession or use is subject to prohibitions or restrictions, including firearms, weapons and drugs;
10.3.6 features someone whose prior, express and fully informed consent for that Content to be recorded and Posted on this Website has not been obtained;
10.3.7 contains unsolicited sexual content or unsolicited language that sexually objectifies any person in a non-consensual way;
10.3.8 contains fake or manipulated Content about another person;
10.3.9 is or could deceive a person or be used to impersonate any person, or that misrepresents your identity, age or affiliation with any person;
10.3.10 contains personal data or confidential information relating to another person without that person’s express written consent;
10.3.11 was recorded in or is broadcast from a public place where members of the public are reasonably likely to take offence if they were to see the activities being performed;
10.3.12 causes or could cause inconvenience, anxiety, upset, embarrassment, or serious offence to any other person;
10.3.13 is used or is intended to be used for blackmail, whether for money or any other consideration;
10.3.14 comprises commercial images, audio, or video over which you have no rights to Post or redistribute;
10.3.15 gives the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
10.3.16 solicits passwords or personal information from anyone;
10.3.17 is or could be used to promote or to sell third party commercial services without our prior written permission, including contests, sweepstakes or jobs;
10.3.18 links to or promotes any other webpage containing material specified in this paragraph.
11. Removal of offensive Content
11.1. We are under no obligation to monitor or record the activity of any User. However, we may do so without notice to you and without giving you a reason.
11.2. We are not responsible for Content posted by Creators.
11.3. If you are offended by any Content, you should tell us. After we receive notice of a claim or complaint we shall investigate so far as we alone decide. We may remove the offending Content while our investigation takes place. If we judge that your complaint is without basis, we may reinstate the Content about which you have complained after the investigation has concluded.
11.4. In respect of any complaint made by you or any person on your behalf, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication without limit.
11.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. You License your Intellectual Property to us
12.1. You warrant that you own all rights in Content that you Post, or that you have secured all rights, licenses, written consents and releases that may be required to use it, exploit it and sublicense to us as in the terms of this agreement.
12.2. You hereby grant us a licence (the ‘Licence’) to perform any act otherwise restricted by any intellectual property right in the Content you Post for any purpose reasonably related to the operation of our business. Such acts include but are not limited to: reproduction, access by others, communication, transmission, performance, distribution, translation, and creation of derivative works.
12.3. The Licence is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us.
12.4. You grant us, without any obligation on us to exercise it, the right to notify third-parties of intellectual property rights infringement (including of copyright or trademark) on your behalf without your permission.
12.5. You waive any moral rights to object to derogatory treatment of any Content Posted by you. This waiver is intended to allow us to add watermarks or text to your Content in connection with the licence you have granted to us in order to protect it.
13. Our Intellectual Property
- We will defend our rights in all our Intellectual Property, including the rights in our services and copyright in our Content.
- You may not use our name, logos or trademarks or any other Content on any website of yours or that of any other person.
- You agree that at all times that you will:
- not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it;
- notify us of any suspected infringement of our Intellectual Property; and
- without our express permission, not to:
- copy or replicate it for use by any other person in any way not intended by us;
- make any change to it or any part of it;
- publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
- create derivative works from it;
- use it in any way in which it is not intended to be used; and
- not to use it except directly in our interest.
14. Linking to our Website
14.1. You may link to our Website provided that:
14.1.1 you do so in a way that is fair and legal;
14.1.2 you do not damage our reputation or the reputation of any Creator;
14.1.3 you do not imply any association with us, or approval or endorsement by us; and
14.1.4 you do not promote a Creator’s Account or any Content using a paid advertising service.
15. Platform to Business Regulation
15.1. Under EU Regulation 2019/1150 (the ‘Platform to Business Regulation’) we are required to comply with the fairness and transparency requirements. These Platform to Business Regulation terms only apply to Creators who are established or resident in the European Union or the United Kingdom.
15.2. At our sole discretion we may choose to promote Creators and/or Content on social media accounts.
15.3. There is no system on our Website that ranks or promotes one Creator above another. There is no search or discovery feature. At random we suggest potential Creators that a User might wish to follow based on those Creators who have earned money on our platform in the previous 30 days.
16.1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
16.1.1 your failure to comply with the law of any country;
16.1.2 your breach of this agreement;
16.1.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
16.1.4 a contractual claim arising from your use of our service; and
16.1.5 a breach of the intellectual property rights of any person.
16.2. You agree that the cost of our management and technical time is properly recoverable.
17. Disclaimers and limitation of liability
17.1. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 as well as to us.
17.2. We use our reasonable endeavours to confirm the accuracy of any information we place on this website. We make no warranties, whether express or implied in relation to its accuracy or completeness.
17.3. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
17.4. Our website includes Content posted by third parties, including advertisements. We are not responsible for any such Content. If you come across any content that offends you, please tell us.
17.5. Other Users may be able to determine your identity from your use of Adore Your Addiction, such as from Content you post or messages you send. While we may, from time to time and in our sole discretion, offer technology that aims to prevent other Users in certain locations accessing Content Posted by you or knowing your own location, you acknowledge that we do not guarantee the accuracy or effectiveness of such technology, and that you will have no claim against us arising from our use or not of it.
17.6. We shall not liable to you if:
17.6.1 your Content is copied or distributed elsewhere or if your copyright is infringed by another User or by any third party; or
17.6.2 your identity or any personal information is ascertained as a result of your use of Adore Your Addiction;
17.6.3 your identity or any personal information about you is disclosed by other Users or third parties without your consent.
17.7. This Website may contain links to other websites over which we have no control of the nature, the content and the availability.
17.8. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying goods or services via such a website.
17.9. The inclusion of any links on this Website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
17.10. This Website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.
17.11. We aim to maintain access to our Website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
17.12. You acknowledge that access to our Website may also be interrupted for many reasons beyond our control.
17.13. Accordingly, we make no warranty that this Website or any service we provide will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
17.14. Nor do we make any warranty that we will correct defects and errors, nor that any Content, the Website or the server on which it is hosted are free of viruses or bugs.
17.15. We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our Website.
17.16. We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of Adore Your Addiction, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
17.17. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to any service we make available to you. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
17.18. We make no representation or warranty for: the quality of our services; their usefulness to you or their adequacy or appropriateness for a particular purpose; or any aspect or characteristic of any service advertised on our Website.
17.19. We shall not be liable to you for any loss or expense arising from your use of our services which is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
17.20. You expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and any other User.
17.21. Except where otherwise set out, our total liability to you, however it arises, shall not exceed the amount collected as Fees from Consumers of your Content in the immediately preceding 12 month period. This applies whether your case is based on contract, tort or any other basis in law.
17.22. No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
18. Miscellaneous matters
18.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
18.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.5. In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.6. No party to this agreement shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond their reasonable control, including any labour dispute between a party and their employees.
18.7. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
18.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.