IMPORTANT LEGAL NOTICE

ATTENTION. The terms and conditions set out below (“Terms”) apply to all use of the www.spiritedlove.com website operated by Spirited Love Limited (“Company”). Please read these Terms carefully. By entering this site, subscribing or purchasing any of the services offered you indicate your acceptance of these Terms. If you do not accept these Terms please leave the Website.

1. In these Terms the following words mean:-

2. To use the Website You must be 18 years of age or older. Use of the Website by anyone under the age of 18 is strictly forbidden.

3. To use the Website You will be required to register as a Member. There is no cost to become a Member. Membership will allow You to access certain of the Services and features of the Website. To access additional features and Services You may be required to subscribe to the Service or to pay a Service Fee. Details of Services for which You may subscribe and Subscription Fees and Services Fees are as set out on the Website. Services may have certain rules or requirements associated with them. You agree to be bound by such rules and requirements and the same shall be deemed incorporated in these terms and conditions. Spirited Love reserves the right to review the Subscription and Service Fees payable at any time. New rates will be posted on the Website. Revised Subscription Fees will not apply to You until you renew Your subscription to the Website. Service Fees will apply at the time You order the Service.

4. Subscription to the Website will unless otherwise stated be a 6 or 12 month subscription as You may select which will commence on the date Your subscription is accepted by Spirited Love (Subscription Period). You may terminate Your subscription at any time by requesting the closure of your account. Termination of Your account prior to the end of Your Subscription Period will not entitle You to a refund of Your Subscription Fee.

5. When registering as a Member, subscribing or purchasing Services offered on the Website the information You submit must be true and accurate. You will ensure that the E-mail address Spirited Love holds for You at any time is up to date and that You are able to access it. If your E-mail address changes, You will update it in the “My Profile” page of the Website.

6. All payments made to Spirited Love for the provision of Services to You through the Website will be processed by Paypal. You agree to be bound by the Paypal’s terms and conditions in making this payment and to hold Spirited Love harmless in relation to the processing of Your payment.

7. You must provide current, complete and accurate information for Your billing account. You must promptly update all information to keep Your billing account current, complete and accurate, and must promptly notify Spirited Love if Your payment method is cancelled.

8. Upon submitting Your application to register with the Website You will be asked to supply a user code and password which must be used each time You access the Website. Your registration is for a single user only. You are solely responsible for all use of the Website on Your Member Account and You will not divulge to any other person any password or other access validation information for the Website. It is Your responsibility to notify Spirited Love immediately if You believe that any such information has become known to any other person.

9. Spirited Love reserves the right to refuse an application to become a Member or Subscriber or to use the Services. You will not become a Member of the Website or a Subscriber until You receive an email confirmation from Spirited Love.

10. Spirited Love offers a venue or forum where Members and Subscribers may upload information chosen by them about themselves which is accessible by other Members to the Website. Spirited Love does not broker marriages or relationships. You acknowledge that no warranty is given that Your information will be of interest to other Members and that Spirited Love is unable to check or ensure that any information provided by Members is genuine or accurate.

11. Spirited Love shall not be liable for false and misleading information submitted by a Member which is subsequently relied upon by another Member. You are responsible for investigating any details submitted by another Member before acting upon the same. We recommend that You follow the safety guidelines set out in our Safety Policy before progressing a relationship with another Member. Any meeting with other Members are at your own risk and Spirited Love shall not be liable for any loss or damage You incur in meeting another Member. You are required to notify Spirited Love if You become aware of any inappropriate conduct in connection with the Website.

12. You are responsible for the information You submit to the Website. You agree at all time to abide by the terms of our Acceptable Use Policy which forms part of these terms.

13. Upon receipt of your application for registration Spirited Love will use all reasonable endeavours to ensure Your Personal Profile is displayed on the Website within 48 hours of confirmation of Your registration. Time shall not be of the essence.

14. Our Privacy Policy forms part of these Terms, and by becoming a Member You also give Your consent to the way Spirited Love may handle Your personal data as detailed in that policy. You acknowledge that given the global nature of the internet, any posting that You make on the Website (and any personal information therein) is accessible to internet users around the world.

15. You agree that all copyright, trade marks and trade names, and other intellectual property rights relating to the content and method of operation of the Website (other than material which is contributed by Members) are the property of Spirited Love or any third party who licences Spirited Love to use such material.

16. You will not reproduce Spirited Love’s logo or make a hyperlink to the Website from any other website without Spirited Love’s prior consent

17. Whenever a submission is made to the Website by a Member, You agree that:

• a. It is the responsibility of the person making the submission to ensure that its contents do not breach the copyright or other intellectual property of any other person and Spirited Love is entitled to rely upon a representation that the person submitting is properly entitled to do so;
• b. Spirited Love will acquire a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute, show in public and create derivative works from that material on the Website provided that Spirited Love shall always deal with such a submission in accordance with these Terms and our Privacy Policy; and
• c. Spirited Love may adapt the relevant material submitted and You therefore waive Your moral rights to object to any derogatory treatment or to be identified as the author of the material submitted.

18. To use the Services You must have the required hardware and software and have internet access.

19. Spirited Love endeavours to ensure that the Website is normally available 24 hours a day however Spirited Love shall not be liable if for any reason the Website is unavailable at any time or for any period. Spirited Love shall be entitled to suspend temporarily and without notice access to the Website in the case of system failure maintenance or repair or for any reason beyond its control.

20. If Your use of this Website results in the need for servicing repair or correction of equipment software or data You assume all costs thereof.

21. Spirited Love or third parties may provide links to our Website or third party websites. You use them at your own risk. Spirited Love does not review such websites and does not recommend or endorse such sites nor is Spirited Love responsible for the content of those sites or any goods and services offered.

22. You agree that Spirited Love may monitor all use of the Website by Members and are entitled to retain records of all use which Spirited Love shall only deal with in accordance with our Privacy Policy. Spirited Love may withdraw any material posted on the Website by Members which in its sole opinion is a breach of these Terms or may bring Spirited Love or the Website into disrepute.

23. Spirited Love may deny access to the Website from known IP address blocks which Spirited Love reasonably believes have been utilised to breach these Terms. Spirited Love will report illegal activities via the Website to the appropriate authorities, the police or any governing body.

24. You agree that Spirited Love are providing this Website on an 'as is' basis and make no representations or warranties of any kind with respect to the Website or its contents and disclaim all such representations and warranties to the extent permitted by law. In addition, Spirited Love make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in the Website. The information contained in the Website may contain technical inaccuracies or typographical errors. All Spirited Love’s liability howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

25. Neither Spirited Love nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

26. Notwithstanding the foregoing, none of the exclusions and limitations on the liability of Spirited Love set out in these Terms are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit the liability of Spirited Love to You for death or personal injury resulting from its negligence or that of its employees or agents.

27. Without prejudice to any of the rights and remedies available to Spirited Love, Spirited Love may terminate Your registration at any time (whether or not you have subscribed to Services) forthwith and shall not be required to refund You any payment made to Spirited Love in respect of Services if:-

• a. in the opinion of Spirited Love (acting reasonably) You commit a serious breach of these Terms;
• b. you receive notice from Spirited Love that You are in breach of these Terms and You fail to remedy that breach within the time specified in the notice.

28. Spirited Love further reserves the right to terminate Your registration without cause on giving You not less than 7 days notice in which case Spirited Love will refund to You any unused proportion of any Subscription Fee or Service Fee paid.

29. If Spirited Love exercises any of its powers under conditions 27 and 28 You shall immediately cease using the Website and shall not seek to re-register without the consent of Spirited Love.

30. Termination of any contract made between You and Spirited Love shall be without prejudice to any accrued rights and remedies of Spirited Love.

31. You agree to indemnify Spirited Love against all liabilities, losses, claims, penalties and expenses (including legal fees) that may be incurred by Spirited Love from any breach of these Terms or the Acceptable Use Policy by You or any person accessing the Website on your Members Account.

32. This section applies to You if You are a “customer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 (Regulations) resident within the European Union. You may cancel your order for Services by giving Spirited Love written notice within 7 working days of placing Your order. Within 30 days of Your notice Spirited Love will refund You the payment You have made for the Service order now being cancelled. However this right to cancel under the Regulations will not apply once You have started using the Services. For the purpose of this clause 32 You will be deemed to have started using the Services upon submitting Your Personal Profile to the Website.

33 Spirited Love reserves the right to change these Terms, our Acceptable Use Policy, Privacy Policy and Safety Policy from time to time and to notify You of the same by a notice on the homepage of the Website. Any change made shall be effective immediately upon notification on the Website and You agree to be bound by any revised Terms or policy from that point.

34. Spirited Love reserves the right to assign or subcontract its performance of any contract made with You under these Terms. Your membership is personal to You and You may not assign or dispose of it to any other person.

35. No person other than a person who is bound by these Terms has any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any of these Terms.

36. Spirited Love may give You notice of any matter in these Terms or in the Acceptable Use Policy by posting the same on the “news” section of the homepage or by sending the same to the e-mail address provided by You upon becoming a Member. Such notice will be deemed to be given on the day of posting or sending if sent up until 4pm on a working day and otherwise on the next working day. You may give Spirited Love notice by email to enquiries@spiritedlove.com and such notices shall be deemed as given on the day of sending if sent up until 4pm on a working day and otherwise the next working day.

37. If any of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable such Term shall be interpreted as amended to such extent as to allow it to be valid and enforceable and consistent with the intentions set out in these Terms. In any event the remainder of these Terms shall remain valid and enforceable.

35. These Terms and any contract made between Spirited Love and You shall be governed by and construed in accordance with the laws of England and Wales.

ACCEPTABLE USE POLICY

This document defines the Acceptable Use of the Website by You and together with the Terms and Conditions forms part of any contract made between You and Spirited Love.

1. The definitions set out in the Terms and Conditions apply to this Acceptable Use Policy

2. Spirited Love reserves the right to remove, edit or amend without notice any submission made to the Website in breach of this Acceptable Use Policy

3. You are solely responsible for all use of the Website on Your Subscriber or Member account and you will not divulge to any other person any password or other access validation information for the Website. It is your responsibility to change your password immediately if you believe that any such information has become known to any other person.

4. The purpose of the Website is to provide services to individuals in the field of psychic relations, and to allow individuals to form relationships with like-minded people. Any use of the website for any other primary purpose is a Prohibited Activity.

5. It is a serious breach of this Acceptable Use Policy and the Terms and Conditions for any person to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through the Website, each of which is a Prohibited Activity:

• a. violating a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another person’s copyrights, trademarks, patents, trade secrets or other intellectual property rights);
• b. impersonation of any other person on the Website;
• c. making any submission to the Website which may be regarded as obscene, discriminatory (of sex, race, disability, religion or sexual orientation) or pornographic in any way even if obscured by the omission or substitution of characters is words;
• d. threat to the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorisation);
• e. advertising or marketing of any kind, including non-profit organisations on the Website and the sending of unsolicited commercial messages of any kind (“SPAM”);
• f. violation of generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorised system penetrations.

6. Spirited Love reserves the right to immediately terminate, without notice, the account and access to the Website of any Member or Subscriber, without liability, who it reasonably believes is utilising the Website to engage in a Prohibited Activity and to prevent access to the Website by any IP blocks that Spirited Love believes are being utilised for such Prohibited Activities.

7. It is a breach of this Acceptable Use policy for any person to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through the Website, each of which is an Infringing Activity:

• a. attempting to use the Website in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
• b. making of any submissions to the Website for the deliberate annoyance of any other Member or Subscriber or to disrupt any thread of correspondence between Members on the Website, including persistent spurious reporting of abuse of this Acceptable Use Policy;
• c. the placing of submissions on the Website in any language other than English or Welsh;
• d. use of the Website in any way degrades or interferes with other users' use of the Website;
• e. submitting over sized fonts, JavaScript, tables, headings or other advanced HTML commands to the Website. We require all submissions to be in standard fonts which may be bold or coloured;
• f. use of multiple log-ins by the same person;
• g. breaches of any obligations of confidentiality, confidence, contract or otherwise to any third party;
• h. the provision of false information on the Website including, but not limited to, intentionally omitting, deleting, forging or misrepresenting any information on the Website.

8. On becoming aware or reasonably suspecting an Infringing Activity Spirited Love reserves the right to suspend access to the Website of any subscriber or Member, without liability, immediately upon giving notice in which it shall specify at our sole discretion the steps it requires to be undertaken to remedy the breach and the time in which it requires such remedy to be effected. Upon expiration of that time. Spirited Love may terminate the account and access to the Website if the breach has not been remedied.

9. If You see anything on the Website that appears to breach this Acceptable Use Policy please notify Us by using the “Report Abuse” function in the “Contact Us” menu of the Website.

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