Terms and Conditions
These Terms & Conditions are effective as at 30 December 2022
Last Updated 30/12/2022
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
Welcome to MonikaLarssen.com (“MonikaLarssen”, “us”, “our”, or “we”). Our website
includes subscriptions that automatically renew, and we encourage you to read these
carefully before purchasing a subscription or starting a free or paid trial. If you do not agree
to these Terms, you must not use our services.
1. DESCRIPTION OF SERVICE
1.1. These Terms of Services (“Terms” or “Agreement”) are applicable to all users of online
media services, content distribution services and community providing services through our
website video streaming services located under www.monikalarssen.com and related
domains, sub domains, and mobile and desktop applications & TV (individually and
collectively the “Services”). These Terms govern your use of MonikaLarssen.com Services,
including all functionalities, features, Streaming Services, audio, visual, written media, PDF,
website links and user interfaces, and all content and software (“Content”) associated with
the Services as provided by MonikaLarssen.com (the “Company”).
1.2. By using our Services, you are also agreeing (i) that you have read and understood our
Privacy Policy which sets out how we collect, process and use your
information; and (ii) to our Medical Disclaimer (See section 3).
1.3. By using our Services, you are agreeing to these Terms and representing that you are at
least 18 years of age or of legal age in your country of residence to be able to enter into
legally binding agreements.
1.4. We may suspend, restrict or terminate your account and your access to our Services
with or without notice if we believe that you have breached these Terms. You acknowledge
that we have no obligation to, and will not, reimburse or refund you for Services lost due to
involuntary suspension or termination of your account.
2. ACCEPTANCE AND CHANGES TO TERMS
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms
or conditions of these Terms of Service without notice or liability to you. Any changes to
these Terms of Service shall be effective immediately following the posting of such changes.
You agree to review these Terms of Service from time to time and agree that any
subsequent use by you of the Services following changes to these Terms of Service shall
constitute your acceptance of all such changes.
3. MEDICAL NOTICE AND DISCLAIMER
3.1. As part of our Services, you will have access to health, fitness and wellbeing information
and will be able to participate in on-demand classes, activities and any other products
and/or services which are provided by the Company. You acknowledge and agree that such
the Services are designed for educational and entertainment purposes only and you will not
rely on the information or Services as a substitute or replacement for professional medical
advice or treatment. You accept that the use of our Services is solely at your own risk.
3.2. You acknowledge that our Services may be physically demanding and you understand
that it is your responsibility to consult with your doctor prior to participating to ensure that
you are fit and well enough to take part, and that your participation will not pose any risks
to your health and wellbeing. By accessing our Services, you warrant and represent that you
are fit, healthy and able to take part and you accept that you do so voluntarily and entirely
at your own risk.
3.3. By voluntarily participating in these Services you assume all risk of injury. Without
limiting the generality of the foregoing, you understand and acknowledge that there are
risks of physical injury, or even death, associated with any physical activity, including our
exercise videos and that, in addition, certain medical conditions may be aggravated or made
worse by physical activity.
3.3. You acknowledge that the Services should not be relied upon for the purposes of
medical diagnosis or as a recommendation for medical care or treatment. The information
provided within our Services is not a substitute for professional medical advice, diagnosis or
treatment. All content, including text, graphics, images and information, contained on or
available through our Services is for general information purposes only. The information
within our Services is provided “as is” without any representations or warranties, express or
implied. The Company makes no representations or warranties in relation to any medical or
treatment information provided as part of our Services.
3.4. To the fullest extent permitted by law, you hereby waive, release, covenant not to
claim, and discharge the Company and any of our affiliates, directors, officers, employees,
contractors, agents, insurers or suppliers from any and all liability, now or in the future, for
any claims or conditions arising out of your participation or use of any of our Services.
4. WEBSITE AND SERVICES TERMS OF USE
The Services are offered only for video streaming and related materials and is only a conduit
for video streaming and related materials. Each user is solely responsible for deciding
whether the Services offered are suitable for your own purposes and whether the Services
match your needs.
4.1 Account registration
4.1.1. In order to access the Services, you will need to register for an account and have a
valid subscription and/or a free trial.
4.1.2. If you register for an account to access our Services, you agree that: (i) You will not
use a username (or email address) that is already being used by someone else, may
impersonate another person, belongs to another person, violates the intellectual property
or other right of any person or entity, or is offensive; (ii) You will provide true, accurate,
current, and complete registration information about yourself in connection with the
registration process and, as permitted, to maintain and update it continuously and promptly
to keep it accurate, current, and complete; (iii) You are solely responsible for all activities
that occur under your account, password, and username – whether or not you authorized
the activity; (iv) You are solely responsible for maintaining the confidentiality of your
password and for restricting access so that others may not access any password protected
portion of the Service using your name, username, or password; (v) You will immediately
notify us of any unauthorized use of your account, password, or username, or any other
breach of security; and (vi) You will not sell, transfer, or assign your account or any account
rights.
4.1.3. We will not be liable for any loss or damage (of any kind and under any legal theory)
to you or any third party arising from your inability or failure for any reason to comply with
any of the foregoing obligations. We may reject the use of any password, username, or
email address for any other reason in our sole discretion. If any information that you
provide, or if we have reasonable grounds to suspect that any information that you provide,
is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law,
then we may suspend or terminate your account. We also reserve the more general and
broad right to terminate your account or suspend or otherwise deny you access to it or its
benefits – all in our sole discretion, for any reason, and without advance notice or liability.
4.2. Purchasing subscriptions & free trials
4.2.1 The Services may allow you to access digital content on a pay per view basis,
subscription basis, rent, or purchases. The basis on which digital content is available on the
Services will be indicated on the product detail page for which you may purchase the digital
content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or
pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub
licensable, limited right and license to view the video stream based upon the applicable
fees, purchases, subscriptions, rent or pay per view selected by you.
4.2.2 The Company makes no guarantees as to the resolution and quality of your digital
content when streaming. The quality and speed of your stream of digital content has many
different variables, including your connection speed, location, download speeds, devices,
player and bandwidth.
4.2.3. We reserve the right to change our prices at any time. Prices of subscriptions may
vary depending on the type of subscription and the country where you are located.
4.2.4. If the credit or debit card that you use to pay is denominated in a currency other than
British pounds sterling (GBP), you acknowledge that you may be charged additional
administrative and/or currency conversion fees by the applicable bank or service provider,
for which you will be responsible.
4.2.5. We may ourselves or through our partners offer free trials to new users. Each person
is entitled to no more than one free trial. We reserve the right to modify or terminate trial
offers without any prior notice and with no liability.
4.2.6. If during the free trial sign up you choose a subscription and provide payment details
to us, you will automatically be charged for the full price of the chosen subscription when
the free trial ends, unless you cancel beforehand.
4.3. Renewals, Cancellations & Refunds
4.3.1. You may be able to purchase additional content and other items through the Services.
Unless specifically stated, all purchases, including without limitation any content or other
Services, are final and we will not be able to offer any refunds. Some Services may be made
available by us solely in connection with your agreement to purchase a subscription to such
offerings (“Subscription Services”) for a set period (e.g., monthly or yearly subscription
term) (“Subscription Period”).
4.3.2. We may offer a number of different packages or variations of subscription Services,
including in some instances a limited free trial period (“Free Trial”). Following the
completion of the Subscription Period and/or Free Trial, your Subscription Services will
automatically renew for the same Subscription Period at the then-current standard rates for
access to the same Subscription Services, unless and until they are cancelled or changed by
you within 24 hours prior to the end of the current period.
4.3.2. Following expiry the free trial, subscriptions are non-refundable and there is no right
to refunds or credits unless required by law.
4.3.3. Your subscription will automatically renew unless you cancel. You may cancel your
subscription at any time. Cancelling your subscription will take effect at the end of the
current subscription period and no future payments will be taken. You will not receive a
refund for any unused portion of your subscription.
4.3.4. Once you have cancelled, unless otherwise stated, you can continue using the
Services until the end of your current subscription period.
4.3.5. Cancellation will only be effective from the next billing period (month or year). This
means you will not be refunded for the remainder of your then-current subscription in
which you cancel your subscription. However, you will still have access to all subscription
features for the remaining time of your then-current subscription, and will no longer be
charged again once your then-current subscription expires.
4.3.6. If we suspend or terminate your subscription pursuant to these Terms, you may lose
the remainder of any subscription and we will not refund you for the remaining term.
4.3.7. You expressly acknowledge that your use of the Website and/or App and its products and/or services is at your sole risk.
4.3.8. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
4.4. Licence
4.4.1. Subject to your compliance with these Terms and for so long as you are permitted by
us to access and use the Services, the Company grants you a limited, non-transferable, non-
sub-licensable, non-exclusive, revocable licence to access the Services for your own personal,
non-commercial purposes. This licence includes the right to view any text, graphics, images,
music, software, audio, video, works of authorship of any kind, and information or other
materials that are posted, generated, provided or otherwise made available through the
Services.
4.4.2. Except as expressly permitted by these Terms, you will not copy, reproduce, modify,
redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or
disassemble the Services or any Content or materials within them, nor will you take any
measures to interfere with or damage the Services.
4.4.3. The Services and content is licensed, not sold, to you, and you hereby acknowledge
that no title or ownership in the content or Services is being transferred or assigned to you
and the Terms should not be construed as a sale of any rights in the content or Services.
4.4.3. If you elect to access any component of the Services for which there is a fee, you
agree to pay all fees and charges associated with your account on a timely basis. All such
fees and charges (including any taxes and late fees, as applicable) will be charged on your
credit card. Each user agrees to maintain valid credit card information as part of your
account information when applicable.
4.5. Intellectual property rights
4.5.1. The Company and any other Company trademarks and trade names, and any
variations thereof, are and shall remain the trademarks and trade names and exclusive
property of the Company, and any unauthorised use of such trademarks and trade names is
prohibited.
4.5.2. We are the owner or the licensee of all intellectual property rights in and attached to
the Company, and in all content that we make available on it. All services (including without
limitation all programs, complied binaries, interface layout, interface text, documentation,
resources, audio files, MP3 files, video files, audio-visual files, themes, characters, character
names, stories, dialog, settings, artwork, sound effects, musical works, moral rights and
graphics) is the sole and exclusive property of the Company and is protected by copyright,
trademark, and other intellectual property common and statutory laws of the United States
and other countries.
4.5.3. You agree that the Company owns and retains all rights to the Services and that is
content is solely owned and controlled by the Content provider and all such material are
protected and copyrighted, trademarked and protected by copyright, trademark, and other
intellectual property common and statutory laws of the United States and other countries.
4.5.4. You are permitted to use the Company’s Content only as expressly authorised by us in
accordance with these Terms. You may not sell or modify the Services Content or the
Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in
any way for any purpose.
4.6. Availability
4.6.1. We cannot guarantee that you will have uninterrupted access to our Services at all
times. While we will make all effort to avoid it, access may be disrupted from time to time
due to necessary maintenance, technical issues, network and system overloads or events
outside of our control.
4.6.2. The inclusion of any Services at a particular time does not imply or warrant that these
products or Services will be available at any time. We reserve the right to discontinue any
Services at any time.
4.6.3. You may be required to download and install updates to maintain access to our
Services. Failure to do so may result in certain features and services being unavailable or
adversely affected.
4.7. Prohibitions
In addition to other prohibitions as set forth in these Terms, you are prohibited from using
the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property
rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way to affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security features of
the Services or any related website, other websites, or the Internet.
4.8. External Links
We may provide links to other websites occasionally. These links are provided for your
convenience. We do not endorse or take responsibility for the content of those websites,
are not responsible for the availability of those websites and will not be liable in any way for
any loss or damage which you may suffer by using those websites. If you decide to access
linked websites you do so at your own risk.
4.9. User Content and Social Media
4.9.1. While the Company values user feedback, please be specific in your comments and do
not submit creative ideas, inventions, or suggestions. If, despite our request, users send
creative ideas, inventions, or suggestions, all such submission shall be the property of the
Company in whole or in part. The Company shall own exclusively all now known or later
discovered rights to the submissions and shall be entitled to unrestricted use of the
submissions for any purpose whatsoever, commercial or otherwise, without compensation
to users or any other third party. No part of the submissions shall be subject to any
obligation of confidence and the Company shall not be liable for any use or disclosure.
4.9.2. If you make suggestions to us about improving or adding new features or products to
the Services or you otherwise provide feedback, Services reviews or testimonials, to the
extent any licence is required, you hereby grant to us a worldwide, perpetual, irrevocable,
non-exclusive, sub-licensable, transferable royalty-free license and right to use, copy, modify,
create derivative works based upon and otherwise use your suggestions, feedback, reviews
and testimonials for any purpose (including for marketing), without any notice,
compensation or other obligation to you.
4.9.3. We have no obligation to monitor, review, filter, moderate or remove any user
content from the Services. Nevertheless, we reserve the right to take any such actions in our
sole discretion.
4.9.4. Users may have the option to use Twitter, Facebook or other social networking
services through the Services to share links and content. Users undertake this option as
their sole responsibility, including but not limited to complying with all of the terms and
conditions of the social networking services.
5. YOUR CONDUCT
5.1. The Services may be used only for lawful purposes relating to streaming and related
materials. The Company specifically prohibits any use of the Services, and all users agree not
to use the Services, for any purposes other than designated by the Company.
5.2 You are prohibited from violating or attempting to violate the security of the Services,
including, without limitation, (a) accessing data not intended for such user or logging into a
server or account which the user is not authorized to access, (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus to this
Services, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) forging any
TCP/IP packet header or any part of the header information in any e-mail or newsgroup
posting, (e) scraping or harvesting data or (f) the use of robots to skew pay outs.
5.3 Violations of system or network security or inappropriate conduct may result in civil or
criminal liability. The Company will investigate occurrences that may involve such violations
and may involve, and cooperate with law enforcement entities in prosecuting users who are
involved in such violations.
5.4 You are solely responsible for your conduct in the community forum. We ask that all
parties create a welcoming environment. Treat everyone with respect. Healthy debates are
natural, but kindness is required. Make sure everyone feels safe. Bullying of any kind is not
allowed, and degrading comments will not be tolerated.
5.5 We do not allow promotions of your own business and brands such as promotions, self-
promotion, spam, and irrelevant links to third party sites. If you or you see anyone on the
community forum experiencing harassment or inappropriate behaviour, please contact our
community admins immediately.
5.6 All contributions you make to this site will be accessible to the public. As a registered
member, you have agreed to follow our community guidelines and acknowledge that by not
abiding by these rules your account will be suspended or removed.
6. LIABILITIES & INDEMNITIES
6.1. The Company and Services are provided on an “as is” and “as available” basis without
any representation or endorsement made and we make no warranties of any kind, whether
express or implied, in relation to the Company, including but not limited to, implied
warranties of non-infringement, compatibility, security, accuracy, conditions of
completeness, or any implied warranty arising from course of dealing or usage or trade.
6.2. To the fullest extent permitted by law, we exclude all conditions, warranties,
representations or other terms, which may apply to the Services, whether express or
implied. This does not affect your statutory rights as a consumer.
6.3. We will not be liable to you for any lack of performance, or the unavailability or failure
of any of our Services, or for any failure by us to comply with these Terms, where such lack,
unavailability or failure arises from any cause reasonably beyond our control.
6.4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-
services 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
Services or to your downloading of any content from it, or on any website linked to it.
6.5. We will not be liable for any damage that may be caused to any device on which you
access or use our Services that is caused in any way by our Services, unless that damage is
directly caused by our failure to exercise reasonable skill and care in the provision of the
Services.
6.6. We will not be liable, in contract, tort (including, without limitation, negligence), pre-
contract or other representations or otherwise out of or in connection with these Terms for:
6.6.1. any economic losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings);
6.6.2. any loss of goodwill or reputation; or
6.6.3. any special or indirect losses, suffered or incurred by that party arising out of or in
connection with the provisions of any matter under these Terms.
6.7. Subject to the above, any liability we do have for losses you suffer is strictly limited to
the purchase price and the losses that were foreseeable. Loss or damage is only foreseeable
where they could be contemplated by you and us at the time of you agreeing to these
Terms.
6.8. To the fullest extent permitted by law, you agree to indemnify and hold the Company
harmless from and against all damages, losses, and expenses of any kind (including
reasonable legal fees and costs) arising out of:
6.8.1. your breach of these Terms;
6.8.2. any allegation that any materials that you submit to us or post on our Services infringe
or otherwise violate the intellectual property rights of a third party; and
6.8.3. your access or use of our Services.
6.9. Users agree to defend, indemnify and hold harmless the Company and it’s subsidiaries,
affiliated, officers, directors, employees, agents, representatives and partners, harmless
from and against any loss, liability, claim, action, or demand, including without limitation
reasonable legal and accounting fees, alleging or resulting from (i) your use of the Services;
(ii) any user generated content or communications, or (iii) your breach of the terms of this
agreement. The Company shall provide notice to you promptly of any such claim, suit or
proceeding and shall assist you, at your expense, in defending any such claim, suit or
preceding. The Company reserves the right to assume the exclusive defence and control of
any matter subject to immediate indemnification.
7. COPYRIGHT INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others. To the best of our knowledge, the
Content that appears on our Services does not infringe the copyrights of others. If you
believe that any copyrighted work is accessible through the Services in a way that
constitutes copyright infringement, please notify the Company by providing our designated
copyright agent with the following information:
7.1. The physical or electronic signature of either the copyright owner or of a person
authorized to act on the owners behalf;
7.1.1. A description of the copyrighted work you claim has been infringed, and a description
of the activity that you claim to be infringing;
7.1.2. Identification of the URL or other specific location on the Services where the material
or activity you claim to be infringing is located or is occurring;
7.1.3. You must include enough information to allow us to locate the material or the
activity;
7.1.4. Your name, address, telephone number, and e-mail address;
7.1.5. A statement by you, made under penalty of perjury, that (i) the information you have
provided is accurate and that you are the copyright owner or are authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith
belief that use of the copyrighted materials is not authorized by the copyright owner, any
agent of the copyright owner, or the law.
7.2. If you believe in good faith that a notice of copyright infringement has been wrongly
filed against, you can send the Company a counter-notice that includes the following:
7.2.1. Your name and address, and telephone number;
7.2.2. The source address of the removed content;
7.2.3. A statement under penalty of perjury that you have a good faith belief that the
content was removed in error; and
7.2.4. A statement that you consent to the jurisdiction of Federal District Court for the
judicial district in which your address is located, or if your address is outside of the United
States, for any judicial district in which the Website may be found, and that you will accept
service of process from the person who provided the original complaint.
7.3. Please note that the United States Copyright Act prohibits the submission of a false or
materially misleading Notice or Counter-Notice, and any such submission may result in
liabilities, including perjury.
8. WARRANTY DISCLAIMERS
8.1. THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT
OF THIRD-PARTY RIGHTS.
8.2. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER
REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR
SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS
ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
8.3. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED
OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
8.4. THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-
MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE,
AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT.
ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS
MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER
THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS
INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION
BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE
COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH
INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT
CONSENT.
8.5. THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU
HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE
DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR
FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR
LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF
CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE
THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
8.6. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS
AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES,
OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS,
REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES
RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE
COMPANY TAKES OR FAILS TO TAKE.
8.6.1. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF
TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE
AND INTANGIBLE LOSSES.
8.6.2. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED
UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE
SERVICES.
8.7. THE COMPANY IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR
INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR
OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
9. LIMITATION OF LIBRARIES
9.1.IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT
NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES,
CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO
OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY
ACTIONS THE COMPANY TAKES OR FAILS TO TAKE.
9.2. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS,
DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO
AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER
TANGIBLE AND INTANGIBLE LOSSES.
9.3. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED
UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND
EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT
EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
10. COMMUNICATIONS
By using the Services you consent to receive electronic communications from the Company.
These communications will include, emails about account, password, access, marketing,
transactional and other information related to the Services and to your account.
11. ADDITIONAL TERMS AND CONDITIONS
11.1. Nothing in this Agreement is intended to create or will be construed as creating a joint
ventures, partnership, employer/employee or principal and agent relationship between
users and the Company.
11.2. These Terms of Service shall be governed by and construed in accordance with the
laws of England and Wales applicable therein, without regard to conflict of laws and
excluding the United Nations Convention on Contracts for the International Sale of Goods
(CISG).
11.3. You irrevocably consent to the exclusive jurisdiction of the courts located in the in
England and Wales in connection with any action arising out of or related to these Term of
Service and waive any objection based on lack of personal jurisdiction, place of residence,
improper venue forum non-convenience in any such action.
11.4. If any court having competent jurisdiction holds any provision of this Terms of Service
invalid or unenforceable in any respect, such provision shall be enforced to the maximum
extent permitted by law, and the remaining provisions of this Terms of Service shall
continue in full force and effect.
11.5. The failure or delay of either party to exercise or enforce any right or claim does not
constitute a waiver of such right or claim and shall in no way affect that party’s right to later
enforce or exercise it, unless such party issues an express written waiver, signed by a duly
authorized representative.
11.6. You may not assign these Terms of Service or any of your rights or obligations
hereunder.
11.7. Except as expressly specified herein, this Agreement shall create rights and obligations
only between the Company and each individual user and it does not create any rights for
any other parties.
11.8. You may not assign, sub-licence or otherwise transfer your rights or obligations under
these Terms to anyone else. You agree that we may assign or transfer any of our rights or
obligations under these Terms without notice to you.