Terms and Conditions

TERMS AND CONDITIONS

BACKGROUND:

This Website and its Contents are not intended for the use of minors. By continuing to use this Website you represent and warrant that you are over the age of 18 (or 21 in States where this is the legal age of majority). You also represent and warrant that the viewing of adult-oriented material is permitted in the State in which you are currently situated (however temporarily) and that you are personally not offended by such material.

This agreement applies as between you, the User of this Website and the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1 – 3, 5 – 9, the relevant sub-Clauses of 11 and 12 – 21 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 4, 10 and the relevant sub-Clauses of 11 apply only to Paid Content and Subscriptions. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

This Website, annabelenzo.com, is owned and operated by a company registered in the Netherlands , whose name, registered address and VAT number can be obtained by contacting the site admin via the form provided on the Contact page. From this point on, the aforementioned company will be referred to as Annabel Enzo, which is the unofficial alias that is used for purposes of security.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, payment information and credentials used by Users to access Paid Content and / or any System on the Website;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Free Content” means any Content that is accessible without the payment of a Subscription Fee;
“Paid Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee via our Store;
“Store” means webpage(s) designated to providing information and payment links to purchase Content individually without requiring a subscription.
“Custom Content” means Content that is ordered by filling out a form on the Custom page which is only accessible to paying members;
“Service” means collectively any online facilities, tools, services or information that Annabel Enzo makes available through the Website either now or in the future;
“Subscription Fee” means the sum of money paid by Users at monthly intervals to keep their Account active and to enable them to access Paid Content;
“Subscription Period” means the period for which a subscription has been purchased and may refer to 1 month accordingly;
“System” means any online communications infrastructure that Annabel Enzo makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Annabel Enzo and acting in the course of their employment;
“Website” means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“We/Us/Our” means Annabel Enzo, which is used as unofficial alias to describe the business registered in the Netherlands whose credentials can be obtained as mentioned in the Background section.

2. Intellectual Property
2.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Annabel Enzo, Our affiliates or 3rd party content suppliers. By continuing to use the Website you acknowledge that such material is protected by applicable Dutch and international intellectual property and other laws.
2.2 Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 or those detailed in Clauses 3 and 4 of these Terms and Conditions apply.

3. Use of Free Content
You may not print, reproduce, copy, distribute, store or in any other fashion re-use Free Content from the Website for personal or commercial purposes (or, where appropriate, for research or private study) only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:
3.1 you will not use the Free Content of the Website for commercial purposes unless given Our express written permission to do so;
3.2 you will not systematically copy Free Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so; and
3.3 the Content of this Website is not intended to be used in education. Your use of the Free Content in an educational environment is at your personal discretion and must be in accordance with all relevant laws within the relevant jurisdiction.

4. Use of Paid Content
4.1 Payment of a Subscription Fee grants you a licence to use all Paid Content on the Website for the duration of your subscription. You may use such Content for personal purposes only.
4.2 Commercial use of Paid Content is not permitted under the terms of a normal subscription. Please contact Us with any inquiries regarding the commercial use of any Content from this Website.
4.3 Under such a licence, you agree that:
4.3.1 you will not use the Paid Content of the Website for commercial purposes unless given Our express written permission to do so; and
4.3.2 you will not systematically copy Paid Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.

5. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

6. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Annabel Enzo or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site annabelenzo.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by using the form on the Contact page.

8. Use of Communications Facilities
8.1 When using any System on the Website you should do so in accordance with the following rules:
8.1.1 you must not use language that may be offensive to other Users;
8.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, or discriminatory;
8.1.3 no Content that is intended to promote or incite violence;
8.1.4 it is advised that submissions are made using the English language(s) as We may be unable to respond to enquiries submitted in any other languages;
8.1.5 the means by which you identify yourself must not violate these terms of use or any applicable laws;
8.1.6 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
8.1.7 you must not impersonate other people, particularly employees and representatives of Annabel Enzo or Our affiliates; and
8.1.8 you must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
8.2 You acknowledge that Annabel Enzo reserves the right to monitor any and all communications made to Us or using Our System.
8.3 You acknowledge that Annabel Enzo may retain copies of any and all communications made to Us or using Our System.
8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

9. Accounts
9.1 In order to access Paid Content on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details. By continuing to use this Website you represent and warrant that:
9.1.1 all information you submit is accurate and truthful; and
9.1.2 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
9.2 Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

10. Subscriptions and Cancellation
10.1 Subscription charges commence on the date that you activate your subscription. Your credit / debit card or other payment methods will be billed on activation and monthly thereafter until you cancel your recurring subscription under sub-Clause 10.7.
10.2 Your first payment will be at the price advertised on the Website. Annabel Enzo reserves the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
10.2.1 increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
10.2.2 decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
For further information on subscriptions and pricing, please visit Our Join page.
10.3 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a subscription confirmation email. Only once We have sent you a subscription confirmation email will there be a binding contract between Annabel Enzo and you.
10.4 Subscription confirmations under sub-Clause 10.3 will be sent to you immediately upon your activation of a subscription and shall contain the following information:
10.4.1 Confirmation of the subscription including full details of the main characteristics of the Paid Content available through your subscription;
10.4.2 Fully itemised pricing for your subscription including, where appropriate, taxes and any other additional charges;
10.4.3 The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);
10.4.4 A confirmation of your express request that the Paid Content is made available to you immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 10.5; and
10.5 Provision of Paid Content shall commence immediately upon Our confirmation of your subscription. When completing the subscription process, you will be required to expressly acknowledge that you wish the Paid Content to be available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Annabel Enzo as detailed below in sub-Clause 10.6.
10.6 If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. For digital content, this period, if applicable, begins once the contract between you and the trader in question is formed (as explained in sub-Clause 10.3 in this case) and ends at the end of 14 calendar days after that date. Under normal circumstances, the provision of Paid Content begins immediately upon Our confirmation of your subscription. As set out in sub-Clause 10.5, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract and obtain a refund merely because you have changed your mind.
10.7 You may cancel at any time after subscribing, however subject to sub-Clause 10.8, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
10.8 If you subscribe in error you must inform Us within 1 hour of subscribing and must not use the Paid Content during that time. This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel. If any use of Paid Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.

11. Termination of Accounts
11.1 Either Annabel Enzo or you may terminate your Account and (where relevant) your subscription. If We terminate your Account or subscription, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
11.3 If We terminate your Account or subscription for any other reason, you will be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the Subscription Fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
11.4 If We terminate your Account or subscription, you will cease to have access to Paid Content from the date of termination.
11.5 If you terminate your Account or subscription, you will continue to have access to Paid Content for the remainder of your Subscription Period as per sub-Clause 10.7.

12. Privacy
12.1 Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
12.2 The Website places cookies onto your computer or device. Details on the cookies used by the Website and your legal rights with respect to them are included in Our Privacy Policy. By accepting these Terms and Conditions, you are giving consent to Annabel Enzo to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.

13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
13.2 We may use your personal information to:
13.2.1 Provide Our Service to you;
13.2.2 Process your payment for the Paid Content; and
13.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
13.3 In certain circumstances (if, for example, you wish to make a purchase on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
13.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

14. Legal Rights and Disclaimers
14.1 We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.
14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.3 Any and all persons appearing in Content on this Website were at least 18 years of age at the time the Content was created.
14.4 When providing digital content to consumers (in this instance, the Paid Content), We are required to provide digital content that is of satisfactory quality, fit for any purpose made known to us (whether expressly or impliedly), and in accordance with any descriptions (and pre-contract information) given by Us. This includes any digital content we may subsequently modify. If We fail to comply with Our legal obligations, consumers may be entitled to certain legal remedies including repair or replacement or price reductions. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.5 Whilst We exercise all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
14.6 If, as a result of Our failure our otherwise, any digital content from the Website damages your device or other digital content belonging to you, you may not hold Annabel Enzo or its affiliates legally responsible, unless you are able to provide clear proof of malicious intent.

15. Availability of the Website and Modifications
15.1 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
15.2 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content and/or Paid Content available. Where any Paid Content is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

16. Limitation of Liability
16.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
16.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on the Website.
16.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
16.4 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 14.6, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
16.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
16.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local attorney.
16.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

17. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Annabel Enzo.

20. Communications
20.1 All notices / communications shall be given to Us either by post to Our Premises (see how to obtain our address above), via the form on the Contact page or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us or contact us via the form on the Contact page.

21. Law and Jurisdiction
21.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Dutch law.
21.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the Netherlands.
21.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the Netherlands.

22. Store Terms
22.1 Individual pieces of content such as videos and image galleries are possible to purchase without a subscription and are delivered via email as download links.
22.2 If you are located in the EU, you will be charged VAT in addition to the price of Content.
22.3 Store Content is provided as is and is not eligible to a refund.
22.4 The same terms of use apply to Content purchased at the Store as to Content purchased via a subscription.

23. Custom Content
23.1 Custom Content may only be purchased by paying members of this site via filling out the form on the Custom page.
23.2 Price, contents, length, quantity and turnaround of Custom Content are negotiated between you and Us and all appropriate communications are regarded as a service contract.
23.3 Custom Content is not refundable unless it fails to meet the length and/or quantity requirements as agreed during initial negotiations, or is delivered more than 24 hours late.
23.4 The same terms of use apply to Custom Content as to Content purchased via a subscription.

24. Content Origin
24.1 All of the Content is designed and produced by a 3rd party and not by the company which owns and operates this Website. Opinions shared in the Content do not necessarily represent Our opinions and We cannot be held responsible for any consequences resulting from viewing said Content.

25. Liability Disclaimer
25.1 All of the content displayed on this website is for entertainment purposes only. Neither the website owner, nor the content producer condone hazardous activities such as extreme sports or smoking and cannot be held responsible for any damages caused by attempting to replicate the content or by following instructions or encouragement given by the model(s).

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