Terms and Conditions

Last modified: June 12, 2018

1.   Introduction

Voiceover Kickstart Ltd (“Voiceover Kickstart”, “Company”, “We”, “Us” or “Our”) welcomes you to our websites located at www.voiceoverkickstart.comand www.voice-reel.com(hereinafter collectively referred to as “Website”, “Site” or “Platform”). These Terms and Conditions are a legally binding contract between you (“User”, “You” or “Your”) and the Company regarding your access and use of the Website, Voiceover Kickstart® membership service, any products or services acquired by you from us as well as all software tools and functionality provided by the Company (collectively referred to as the “Voiceover Kickstart® Service”).

Voiceover Kickstart® is a registered trademark UK00003152769

Voiceover Kickstart Ltd is a registered company 09985241


PLEASE CAREFULLY READ THIS AGREEMENT BEFORE PROCEEDING TO USE VOICEOVER KICKSTART® SERVICE. By using the Voiceover Kickstart® Service you expressly agree to abide by these Terms and Conditions as well as collection and use of your information as set out in our Privacy Policy which is included herein by reference (hereinafter collectively referred to as the “Agreement”).

 

2.   Additional Terms

Some Services offered by the Company may require you to agree with and accept additional terms and conditions than those stated in this Agreement. When you use services that are governed by additional terms and conditions, you expressly agree to abide by such additional terms.

 

3.   Key Terms

Unless expressly stated otherwise, the following terms shall hold the meaning as specified hereunder:

“Workshop”- refers to the live in-person workshops organised by the Company on a date and venue specified on the Website. 

“Online Training”- refers to all voiceover coaching and training services offered by the Company online including but not limited to live one on one remote coaching sessions. 

“Member/s” - refers to any User who successfully subscribes to the paid annual membership offered by the Company. 

“Client/s”- refers to any User who purchases any service or product from the Company. 

“User”- refers to all registered as well as unregistered website users including website visitors, members and clients.

“Service”- refers to all Voiceover Kickstart® products and services offered by the Company as defined in article 5 below and includes all website features and functionality. 

 

4.   Eligibility

Our Services are not targeted at Users under the age of eighteen (18) years. You must be at least eighteen years of age to use our Services. Please do not access or use any Voiceover Kickstart® Services if you do not meet the age eligibility criteria or in any way lack capacity to enter into a legally binding agreement with the Company. 

 

IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, USERS UNDER THE AGE OF THIRTEEN YEARS ARE STRICTLY PROHIBITED FROM ACCESSING THIS WEBSITE AND PROVIDING ANY PERSONAL INFORMATION THROUGH THE WEBSITE. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN. 

 

5.   Voiceover Kickstart® Services

The Company offers voiceover demo production and voiceover training services that are delivered through multiple channels including one-to-one online training, group coaching workshops and pre-recorded online courses. All of our services are listed on our website and subject to availability. Please note that all service fees are quoted in GBP. Although we take all reasonable care to ensure all our service fees as specified on the website are correct, we cannot offer any guarantees. In case of errors in pricing on your order, we will contact you and offer you an opportunity to place your order at the correct price. Any offers listed on our website may become invalid at a date specified by us and/or after the offer ceases to appear on our website. Please note that the Company uses offers to increase its marketing reach, therefore an offer may only be redeemed once per person. 

The delivery of any tangible products available on the website is subject to availability. All orders are delivered to shipping address provided by you at the time you place your order. The title and the risk pass to you upon delivery of the product. All orders are delivered to you within the estimated delivery time frame stated at the time you place your order. 

You understand and accept that the delivery timeframes provided by us are estimates only and we do not offer any guarantees as to the time and date of your delivery. We do not accept liabilities for any delay in delivery. Please note that it is solely your responsibility to request postal insurance and any other special delivery services if required

Users are required to have access to the internet to make use of our online courses and coaching services and any costs and effort associated with accessing the internet are solely for the User’s own account. The Company will not be held liable for any data charges paid by any Users under any circumstances. 

 

●     Demo Production Service Terms

The Company offers a range of Voiceover demo production options for Users to choose from to suit their unique needs. Demo Production session bookings are subject to availability. Our standard price for a two-hour session is £300 and any further recording time is charged at the half hourly rate of £50. To view session availability please review our booking calendar online and contact us to discuss your needs at guy@voice-reel.com.

Booking Payments

Please note that bookings are only confirmed upon receipt of deposit payment which must be paid within three days from the receipt of booking email from the Company. By making your deposit payment, you expressly agree to be bound by all the Demo Production Service Terms outlined in this Agreement. 

Deposit Refunds

Excluding Gaming or Animation Voiceover demo bookings, a client may cancel a recording session booking and request a full refund of deposit at any time within 14 days from the date of deposit payment. Please note that all deposit payments are non-refundable after the fourteen day cooling-off period. 

Session Postponement by Client

■     Please contact guy@voice-reel.com to request postponement of your recording session;

■     There is no additional postponement fee where a Client requests postponement of a recording session at least 72 hours prior to the booked session date. The client will be required to agree upon a new recording session date within seven days from the date of initial postponement request. This new recording session date must be within three calendar months of the original session date and the client will be required to pay the full outstanding balance of the recording session fees either on or before the original recording date. To avoid any late charges please ensure that funds clear by 18:00 GMT on the original booking date.  The late charge is £75.

■     Any postponement requests (for any reason) made within 72 hours of the scheduled booking session will incur a postponement fee calculated as 50% of the full booking fee less any deposit already paid. In other words, if your full session fee is £300 and you paid a £75 deposit at the time you made the booking, you will be required to pay an additional £75 which must be paid on or before the original recording session date and the payment must be cleared by 18:00 GMT on the original session recording date. Please note that the new session date must be agreed upon within 7 days from the date of initial postponement request and the original balance of the recording session fee will become due and payable on such new agreed recording session date. This new recording session date must be within three calendar months of the original session date. 

■     Please note that the 72 hour postponement period mentioned in this provision only includes the normal working hours of the Company which are from Monday to Friday between 10:00 - 18:00 excluding any bank holidays.   

(Real-life example: if a postponement is requested by email to guy@voice-reel.com on a Friday afternoon at 16:00 for a recording session taking place on the following Wednesday at 10:00, this request for postponement would fall within the 72 hour period.)

■     We do not allow more than two postponements and a booking will be deemed to be cancelled after two postponements. If you wish to book another recording session after having postponed a recording session twice, you will be required to make a new booking and pay a deposit. 

Cancellations by Client

If you wish to cancel your booked recording session, please send us an email at guy@voice-reel.com. 

Please note that we resist charging the full fee like companies offering similar services.

If you cancel your scheduled session more than at least 72 hours before the booked recording session (see above on normal working hours of the company) you will forfeit your deposit payment and a standard cancellation fee of £75 will be payable before 18:00 GMT on the date of original booking.

If you cancel your booking within 72 hours of the booked recording session date, you will forfeit your full deposit as well as become liable for a cancellation fee calculated at 50% of the full booking fee less the deposit already paid. This cancellation fee will be payable before 18:00 GMT on the date of original booking.  Failure to complete payment by this time means that you will be charged the full demo session fee balance.

Cancellations and Session Postponement by Company

The Company reserves the right to cancel a booked recording session at any time by issuing a full refund and without incurring any additional liability. 

We will give you at least 24 hours notice in the event we need to postpone and reschedule a session. 

 

Scheduled Session Time

Clients must not arrive more than 15 minutes before the scheduled recording session. If a client arrives late for a recording session, we will do our best to accommodate you, but we cannot guarantee that there will be flexibility for the recording session to run over.

 

Vocal health  

It is solely the client’s responsibility to attend the recording session in optimum vocal health. 

 

Disabled access

The recording booth is up a single flight of stairs with no lift access. Please contact us if you have wheelchair requirements or other concerns. 

 

Release

The Client grants the Company, its successors and assigns the unlimited right to use any photographs taken during a recording session and completed voice reels, for any commercial, promotional and/or informational purposes as deemed best by the Company in all forms and in all media throughout the world and in perpetuity. The Client accepts and agrees that the client does not have any rights to any editorial content and all rights belong to the Company and its successors. 

 

Extra

The compilation track is an additional service that we include free of charge as part of the voice reel package. If for any reason you want your compilation reordered or re-edited after its initial creation, there is a fixed fee for the service. Please contact us for more information. 

 

Material

It is solely your responsibility to ensure that material provided by you does not violate any third-party’s intellectual property rights, including copyright. 

For any existing voice tracks that you provide us for editing which were recorded off-site, it is solely your responsibility to make sure any necessary copyright clearance is obtained before we are requested to edit the track. We do not assume any liability for any copyright violations as a result of your failure to obtain requisite clearance. You hereby indemnify the Company, it’s contractors and employees against any such liability arising from your violation of the copyright of another person. 

Please note that any material provided for Gaming or Animation voiceover recording sessions must not be used outside of the recording session or for any other voiceover production work other than that offered by Guy at Voiceover Kickstart®.

 

Credits

Wherever possible and specifically on the client’s own website, Voiceover Kickstart Ltd should be credited by inserting the following credit: “Voicereel recorded and produced by Guy Michaels”. 

 

●     Workshops

The Company offers various workshops to suit different user needs. We post all scheduled workshops on our Website. Please note that some workshops are only available to members of specific organisations. In the event a workshop is only available to members of another organisation, the User who enrols in such workshop using their third-party membership credentials will be bound by such third-party’s terms of service and privacy policy in addition to the provisions of this Agreement. 

The Company also offers workshops to users that do not require any affiliation with another organisation. To secure a place on a workshop a User needs to book online through our website by making the full payment. We currently accept payments through Paypal and Stripe payment gateway. By selecting to pay online, you further agree to abide by the terms and conditions of the payment processor you use to make the payment. To learn more about the legal policies and practices of Stripe, please click here and for Paypal’s legal agreement, please visit this link

Please note, the workshops will be held on the date and time specified by the Company on its website.

 

Refund and Cancellation

A client may cancel their workshop booking and request a full refund of workshop fee paid by them at any time within 14 days from the date of payment. Please note that all workshop fees are non-refundable after the fourteen day cooling off period. 

All refunds are processed using the same payment method that you used to purchase the product and made to the person who made the original payment. As we rely upon our Payment Processor to process refunds, we cannot offer you any guarantees as to the exact date and time for refunds reaching your account.

 

●     One-to-one coaching

The Company offers remote hourly coaching.  Contact guy@voice-reel.com to arrange a booking via Skype or equivalent.

We currently accept payments through Paypal and Stripe payment gateway. By selecting to pay online, you further agree to abide by the terms and conditions of the payment processor you use to make the payment. To learn more about the legal policies and practices of Stripe, please click here and for Paypal’s legal agreement, please visit this link

 

Refund and Cancellation

A client may cancel their one-to-one booking and request a full refund of  fee paid by them at any time within 14 days from the date of payment. Please note that all one-to-one coaching fees are non-refundable after the fourteen day cooling off period. 

All refunds are processed using the same payment method that you used to purchase the product and made to the person who made the original payment. As we rely upon our Payment Processor to process refunds, we cannot offer you any guarantees as to the exact date and time for refunds reaching your account.

 

 

●     Free 4-Week Programme

The Company currently offers a free 4-week online programme for Users at all levels. After completion of the free 4-week programme, Users can continue their development by subscribing to the Voiceover Kickstart®  Membership, should they wish to do so. User understands and accepts that the Free 4-week course is offered to the User by the Company under this Agreement and by joining the free programme you agree to abide by all applicable terms of this Agreement. Please note that a User is only eligible to enrol in the free course once. 

 

●     Voiceover Kickstart® Membership 

Users who have participated in the 4-week programme can continue their development by becoming a Voiceover Kickstart®  Member. The membership carries various benefits including but not limited to discounts on specific online courses, demo production services, workshops, training sessions as well as access to the member’s forum.

 

Account Setup and Security

Please note that when you join the Voiceover Kickstart®  membership, you will be required to provide the requested personal information. You agree that you will only provide accurate, current and complete information when requested. It is solely your responsibility to keep this information up to date. Once you have successfully made the payment, you will be contacted by a Company representative within 24 hours to confirm your membership details. You can then select your username and password as well access all the available discounts and member’s forum features and functionality. 

We reserve the right to terminate any existing subscription and restrict member’s access to the forum if we discover or suspect that you have provided us with false, inaccurate or outdated information during your account registration.

Users are solely responsible for protecting their username and password to prevent any unauthorised access to their account. The Company will not be held liable for any loss, damage, cost or claim incurred by you or any third-party as a result of any activity under your User account. You agree that any activity on your account is entirely your responsibility.

If you become aware of any suspicious activity on your account or if you have a reason to believe that there has been a security breach, please immediately contact us athelp@voiceoverkickstart.com.

 

Membership Fee Payments, Cancellations and Refunds

Membership fees on the website are specified in GBP. Users can easily become a member by paying their annual membership fee. You will be charged the full membership fee when you first subscribe and each year thereafter, on an automatically recurring basis until you choose to cancel your membership. 

We currently accept payments through Paypal payment gateway as well as Stripe payment processor. By becoming a Voiceover Kickstart®  member, you further agree to abide by the terms and conditions as well as privacy policy of the payment processor you use to make the payment. To learn more about the legal policies and practices of Stripe, please click here and for Paypal’s legal agreement, please visit this link.

Please note that your membership will be automatically terminated if we do not receive your membership renewal fee on the date it was due and payable. Please note that we will not be held responsible for any loss of data, third-party claims, loss of revenue or lost opportunity as a result of the termination of your membership. 

The Company reserves the right to modify any fees, payment, cancellation and refund policy at any time by amending these Terms. In the event of any change in our membership fees that requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in our fees, your sole remedy is to cease using the Voiceover Kickstart®  services by cancelling your membership. 

Membership fees are deemed to be fully earned on the day your make the payment. We do not offer any partial refunds in the event you decide to cancel your membership before the end of your billing cycle. In the event you cancel your membership before the end of your billing cycle, you will retain access to all the membership benefits until the day before your membership was due for renewal. Where the Company decides to grant your refund request, such refund will be made to the same account from which the payment was received. 

 

Your Content

Your content is solely your responsibility. You are advised to backup all your data that you send to us. Please take note that we reserve the right to but are under no obligation to keep your content. We only store your content if specifically requested to do so. In all other cases, we safely purge your content through a secure third-party service provider.

 

Support System

Please note that the email support is not available during public holidays and any scheduled or unscheduled downtime.  

 

 

6.   Intellectual Property

Excluding your User Content, all content and services made available by Voiceover Kickstart® including without limitation, the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights and international conventions. You agree not to copy, sell, transfer, assign, reproduce, publish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under the Agreement. You also agree not to adapt, alter or create any derivative work from any Company Content without the prior written permission of an authorised Company representative. 

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited. This Agreement grants you a limited non-exclusive, non-transferable license to use Voiceover Kickstart®  Services for your personal use only.

 

7.   User-Generated Content

User-Generated Content or User Content refers to any and all content owned and/or created by a User including any content posted by members in the member forum. We do not claim ownership of any User-Generated Content, but you do acknowledge that any User Generated Content that you share/post publicly on the Voiceover Kickstart® Membership platform will be accessible to other members. We are unable to assume any liability for any loss or damage suffered by you as a result of theft or other loss of intellectual property stored on the platform. 

When you log, upload, store or transmit any of your User Generated Content on the website or members forum, you represent and warrant to us that you have the intellectual property rights and authority to store or transmit such content and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party. You further grant the Company and its authorised personnel the right to identify you as the creator of such User Generated Content by your name, username, or email address where appropriate and/or required by law. 

It is solely the responsibility of the User to ensure that the use of the Voiceover Kickstart®  Service is in compliance with applicable local laws and regulation. You accept and agree that you will not hold the Company liable for any loss of opportunity/damages or claims arising out of or related to your use of and/or reliance upon any User Generated Content. 

You understand that all information created or transmitted through a user account is the sole responsibility of the account holder from whom such content originated. The Company will not be liable for any errors or omissions in any User Generated Content. 

Please note that we may be required to remove any User Generated Content that claimed to be infringing the intellectual property rights of a third-party. If you believe that your User Generated Content has been wrongly removed from the platform, please contact us at help@voiceoverkickstart.com.  

 

8.   Copyright Disputes Policy

We respect the intellectual property rights of others and do not condone any intellectual property law violation. 

If you believe that your copyrighted material or content is posted, uploaded or made accessible through Voiceover Kickstart®  Service without your authorisation, please contact us at the email address provided below with the following information:

 

●     Identification of the material or content that is claimed to be infringing your copyrighted works;

●     Description of the original content that is claimed to be have been infringed;

●     Your contact information including your name, phone number and email address;

●     A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us with regard to the copyrighted work.

●     A statement by you that all information provided by you to us is accurate and complete;

 

Contact us

Email: guy@voiceoverkickstart.com

 

If you are a Voiceover Kickstart® User and your User Generated Content has been removed as a result of copyright infringement dispute, please contact us at the Contact email provided above along with:

 

●     Identifying the User Generated Content that has been wrongly removed with a link to the page where the content was posted before it was removed;

●     A statement by you setting out that you are the owner or have the requisite authority or license to the User Generated Content that was wrongly removed. 

9.   Prohibited Conduct

 

You understand and agree that:

 

●     You will not use the Voiceover Kickstart®  Service for any unlawful or illegal purposes;      

●     You will not post, share or promote any content through any Voiceover Kickstart® Service that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or in any way violent, pornographic, sexually explicit, defamatory, suggestive or illegal.   

●     You will not breach any terms and conditions of third-party applications, tool or services used by the Company to deliver the Voiceover Kickstart® Services to you;

●     You will not impersonate another User or use another User’s username and password to access the Voiceover Kickstart®  Service;

●     You will not post or upload any content that infringes the intellectual property rights of another person or entity;

●     You will not modify, adapt, translate, or reverse engineer any portion of the Website and Service;

●     You will not use any robot, spider, site scraping/retrieval application or other automated routines to scrape any data/information from any part of the Service;

●     You will not reformat or frame any portion of the Website or Service without the express written consent of the Company;

●     You will not post or submit any content or material on any website, which falsely expresses or imply that such content or material is sponsored or endorsed by the Company;

●     You will not transmit any viruses, defects, trojan horses or other items of a destructive nature;

●     You will not copy or store any content offered on the Website for other than your personal use;

●     You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

●     You will not reproduce, distribute, display or make available any data, information or part of the Voiceover Kickstart®  Service to any third-party without the express written consent of an authorised representative of the Company.

 

10. Community Guidelines

When you become a Voiceover Kickstart®  member, you will have the opportunity to participate in the access-controlled members area. As a member, you get some rights that non-members do not have, such as the ability to post in member’s forum and communicate with other members, seek advice and offer feedback. Your rights come with some obligations, and for a healthy and functional community, it is essential that you respect our community rules. If you do not wish to respect these community rules, please refrain from posting any content in the members area or any other part of the website. When you do participate in the Voiceover Kickstart®  members’ area, you agree that:

 

●     You will not disclose the personal information of any other User;

●     You will not impersonate another User;

●     You will respect other Users who are in this community with you. You understand that they may hold different views from you and you can always make your contribution without being hurtful or offensive towards others. In short, be kind to others;

●     You will respect the law and refrain from posting content that violates any applicable law including copyright;

●     You will help us monitor any unhealthy User behaviour by flagging any content that you know to be in violation of these terms or that can be viewed as harassment, abuse, inappropriate, offensive to any individual or group, promoting hate speech or crime;

●     You will not post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or any content that is violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal or unethical; 

●     We have a zero-tolerance policy for Users who intend to use or actually use the Voiceover Kickstart®  platform for predatory behaviour including stalking, harassment, bullying or any similar dangerous behaviour.

●     We understand that you may love or hate our competitors but when you are in Voiceover Kickstart®  members area, you are strictly forbidden from promoting or degrading other individuals or organisations. In short, refrain from discussing any third-party organisation. 

 

If we discover that you have violated any of the aforementioned terms, we reserve the right to block your account and take any appropriate legal action to ensure the safety of our Community. 

 

11. Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Voiceover Kickstart®  Platform with or without giving any prior notice to you to carry out: scheduled or unscheduled system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

 

12. Disclaimer of Warranties

ALL SERVICES PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND. WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF SERVICES PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.

 

13. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE VOICEOVER KICKSTART®  SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. IF YOU DO NOT AGREE WITH THIS LIMITATION OF LIABILITY PLEASE CEASE USING OUR SERVICE IMMEDIATELY. 

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF CONSEQUENTIAL DAMAGES, IF THE ABOVE LIMITATION OF LIABILITY PROVISION DOES NOT APPLY TO YOU, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY  ARISING OUT OF OR ASSOCIATED WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE ISSUE FIRST AROSE, OR FIFTY POUNDS £50.

  

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE VOICEOVER KICKSTART®  SERVICES IN LOCATIONS OTHER THAN THOSE SPECIFIED ON OUR WEBSITE.

 

14. Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

 

(i) the violation of these Terms by you; 

(ii) Your gross negligence or willful misconduct; or

(iii) the infringement by you, or any third party using your username and password, of any intellectual property or another right of any person or entity.

 

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflict of laws. 

 

16. Severability

If any provision of this Agreement is found to be invalid or for any reason unenforceable, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain fully enforceable.

 

17. Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.