World Wide Wave Productions Limited (“World Wide Wave Productions”) operates TimeoftheSixthSunLaunch.com, TimeoftheSixthSun.com and may operate other websites. It is World Wide Wave Productions' policy to respect your privacy regarding any information we may collect while operating our websites.
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 In this policy, "we", "us" and "our" refer to Theo van Dort, Data Controller.[ For more information about us, see Section 13.]
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
3.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
3.3 We may process ("account data"). The account data may include your name and email address. The source of the account data is when you opt in to receive information from us. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.5 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.6 We may process information contained in any enquiry you submit to us regarding goods and/or services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
3.7 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
3.8 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
3.9 We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.10 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.11 Please do not supply any other person's personal data to us, unless we prompt you to do so.
4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.2 Financial transactions relating to our website and services may be handled by our payment services providers, PayPal or Stripe. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/en/webapps/mpp/ua/privacy-full and https://stripe.com/gb/privacy
4.3 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain your personal data as follows:
(a) Your personal data will be retained for a minimum period of 2 years following date of sign up/registration, and for a maximum period of 5 years following date of sign up.
5.4 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy [by email or through the private messaging system on our website].
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include:[the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes including profiling for direct marketing purposes. If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us by email or post.
8. About cookies
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies that we use
10. Cookies used by our service providers
10.3 We may publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies.
11. Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
Like most website operators, World Wide Wave Productions collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. World Wide Wave Productions' purpose in collecting non-personally identifying information is to better understand how World Wide Wave Productions' visitors use its website. From time to time, World Wide Wave Productions may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
World Wide Wave Productions also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on TimeoftheSixthSunLaunch.com and/or TimeoftheSixthSun.com blogs/sites. World Wide Wave Productions only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to World Wide Wave Productions' websites choose to interact with World Wide Wave Productions in ways that require World Wide Wave Productions to gather personally-identifying information. The amount and type of information that World Wide Wave Productions gathers depends on the nature of the interaction. For example, we ask visitors who sign up at TimeoftheSixthSunLaunch.com and/or TimeoftheSixthSun.com to provide a username and email address. Those who engage in transactions with World Wide Wave Productions are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, World Wide Wave Productions collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor's interaction with World Wide Wave Productions. World Wide Wave Productions does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
World Wide Wave Productions may collect statistics about the behaviour of visitors to its websites. World Wide Wave Productions may display this information publicly or provide it to others. However, World Wide Wave Productions does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
World Wide Wave Productions discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organisations that (i) need to know that information in order to process it on World Wide Wave Productions' behalf or to provide services available at World Wide Wave Productions' websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organisations may be located outside of your home country; by using World Wide Wave Productions' websites, you consent to the transfer of such information to them. World Wide Wave Productions will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organisations, as described above, World Wide Wave Productions discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when World Wide Wave Productions believes in good faith that disclosure is reasonably necessary to protect the property or rights of World Wide Wave Productions, third parties or the public at large. If you are a registered user of an World Wide Wave Productions website and have supplied your email address, World Wide Wave Productions may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with World Wide Wave Productions and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. World Wide Wave Productions takes all measures reasonably necessary to protect against the unauthorised access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If World Wide Wave Productions, or substantially all of its assets, were acquired, or in the unlikely event that World Wide Wave Productions goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of World Wide Wave Productions may continue to use your personal information as set forth in this policy.
Damaged products must be reported within 10 days of receipt or no replacement will be sent or credit issued. No returns will be accepted after 15 days of receipt. No outdated or used products will be accepted as a return (open products will not be accepted). Please note that we only accept returns for product purchased through our company. There is a 15% re-stocking fee for all returns. Shipping will not be refunded.
We do not pay for return shipping charges unless our company is responsible for the mistake. All returns will receive an 85% refund of the cost of the merchandise returned issued directly to the same credit or debit card originally ordered with. When we receive the returned merchandise we will process the return within 48 hours. Depending upon your bank and billing cycles, your credit will be posted within 1-2 billing cycles.
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Terms of Service: World Wide Wave Productions Limited
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by World Wide Wave Productions, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com Account and Site.
If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and World Wide Wave Productions may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause World Wide Wave Productions liability. You must immediately notify World Wide Wave Productions of any unauthorised uses of your blog, your account or any other breaches of security. World Wide Wave Productions will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
Should we decide to add a blog to the site, if you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
◦ the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
◦ you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
◦ the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
◦ the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
◦ the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
◦ your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
◦ your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
◦ you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by World Wide Wave Productions or otherwise.
3.By submitting Content to World Wide Wave Productions for inclusion on your Website:
You grant World Wide Wave Productions a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, World Wide Wave Productions will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, World Wide Wave Productions has the right (though not the obligation) to, in World Wide Wave Productions' sole discretion (i) refuse or remove any content that, in World Wide Wave Productions' reasonable opinion, violates any World Wide Wave Productions policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in World Wide Wave Productions' sole discretion. World Wide Wave Productions will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal.
◦ General Terms. By selecting a product or service, you agree to pay World Wide Wave Productions the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
◦ Automatic Renewal. Unless you notify World Wide Wave Productions before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to World Wide Wave Productions in writing.
◦ Fees; Payment. By signing up for a Services account you agree to pay World Wide Wave Productions the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. World Wide Wave Productions reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to World Wide Wave Productions.
◦ Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by World Wide Wave Productions to respond within seven business days) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com services. All support will be provided in accordance with World Wide Wave Productions standard services practices, procedures and policies.
6. Responsibility of Website Visitors.
World Wide Wave Productions has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, World Wide Wave Productions does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. World Wide Wave Productions disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com links, and that link to TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com. World Wide Wave Productions does not have any control over those non-World Wide Wave Productions websites and webpages, and is not responsible for their contents or their use. By linking to a non-World Wide Wave Productions website or webpage, World Wide Wave Productions does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. World Wide Wave Productions disclaims any responsibility for any harm resulting from your use of non-World Wide Wave Productions websites and webpages.
8. Copyright Infringement and DMCA Policy.
As World Wide Wave Productions asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com violates your copyright, you are encouraged to notify World Wide Wave Productions in accordance with World Wide Wave Productions' Digital Millennium Copyright Act ("DMCA") Policy. World Wide Wave Productions will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. World Wide Wave Productions will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of World Wide Wave Productions or others. In the case of such termination, World Wide Wave Productions will have no obligation to provide a refund of any amounts previously paid to World Wide Wave Productions.
9. Intellectual Property.
This Agreement does not transfer from World Wide Wave Productions to you any World Wide Wave Productions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with World Wide Wave Productions. World Wide Wave Productions, TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com, the TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com logo, and all other trademarks, service marks, graphics and logos used in connection with TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com, or the Website are trademarks or registered trademarks of World Wide Wave Productions or World Wide Wave Productions' licensers. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any World Wide Wave Productions or third-party trademarks.
As of 25 May 2018, World Wide Wave Productions does not have display adverts but reserves the right to display advertisements.
World Wide Wave Productions reserves the right to display attribution links such as 'Blog at TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com,' theme author, and font attribution in your blog footer or toolbar.
World Wide Wave Productions reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. World Wide Wave Productions may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
World Wide Wave Productions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TimeoftheSixthSunLaunch.com and TimeoftheSixthSun.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by World Wide Wave Productions if you materially breach this Agreement and fail to cure such breach within thirty (30) days from World Wide Wave Productions' notice to you thereof; provided that, World Wide Wave Productions can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties.
The Website is provided "as is". World Wide Wave Productions and its suppliers and licensers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither World Wide Wave Productions nor its suppliers and licensers, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability.
In no event will World Wide Wave Productions, or its suppliers or licensers, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to World Wide Wave Productions under this agreement during the twelve (12) month period prior to the cause of action. World Wide Wave Productions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty.
You agree to indemnify and hold harmless World Wide Wave Productions, its contractors, and its licensers, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including lawyers' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between World Wide Wave Productions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of World Wide Wave Productions, or by the posting by World Wide Wave Productions of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by UK law in the English Language. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and lawyers' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; World Wide Wave Productions may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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Copyright 2018 - Time of the Sixth Sun - WorldWideWave Productions Limited