CREATORS

BACKGROUND: 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use the Blisss website, [blisss.company] (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  You will be required to read and accept these Terms and Conditions when signing up for an Account as a Content Creator.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation 
   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

   

1. Information About Us

Our Site is owned and operated by Blisss Company Ltd, a limited company registered in England and Wales under company number 12594015, whose registered address is Marble Arch, 1st, 3rd, 4th, 5th and 6th Floor, 42 Upper Berkeley Street, Marylebone, London W1H 5PW. 

1. Access and Changes to Our Site
   1. Our Site is a social media platform that allows you to create a profile and upload photos, videos and have Interactions with Users. 
   2. These Terms and Conditions govern your use of the Site, whether or not you sign up for an Account.
   3. Access to Our Site requires an Account.  Upon signing up for an Account, Our Site will be available to you, and you can begin to upload Content to Our Site.
   4. You are entitled to charge any amount for a Subscription for your Content, payable by Users.
   5. When you create an Account, you will be asked to provide a copy of your driving licence or passport, and a selfie (a picture of yourself). This is required in order to complete your Account. This information is handled in accordance with Our privacy policy.
   6. We may from time to time make changes to Our Site:
      1. Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.  We will inform you by email of any such changes (including, if applicable, anything that you need to do), however, they will be unlikely to materially affect your use of Our Site;
      2. Minor changes may be made to reflect changes in the law or other regulatory requirements.  We will inform you by email of any such changes (including, if applicable, anything that you need to do), however, they will be unlikely to materially affect your use of Our Site; and
      3. We may develop and improve Our Site over time, in some cases making significant changes to it.  You will be kept fully informed of any and all such changes.
   7. We will always aim to ensure that Our Site is available at all times.  In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.4.  Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Site.  We will not be responsible for any loss of earnings suffered by you as a result of this.
   8. You may not use Our Site unless you are aged 18 or older. By using Our Site, you warrant and represent that you are 18 years of age or older.

 

1. Accounts
   1. An Account is required to use Our Site.
   2. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
   3. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe.  If you believe your Account is being used without your permission, please contact Us immediately.  We will not be liable for any unauthorised use of your Account.
   4. You must not use anyone else’s Account.
   5. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 13.
   6. If you wish to close and delete your Account, you may do so at any time with a single click from within your profile, no questions asked. Closing your Account will result in the removal of your information from Our system, including all of your Content.  

 

1. Commissions
   1. When a User subscribes for your Content, or makes a one off payment or tip for your Content, their payment will be collected by our third party payment provider. The third party payment provider will collect our commission from the payment, and remit the remaining balance to you. Payment to you will be initiated any time you ask for it, provided that your accumulated earnings are above the minimum threshold of 40 Euros, and it will be processed within 21 solar days from your request (or the next business day), using the payment method of your choice. Blisss currently offers Direct Deposit and Cosmopayment.
   2. It is your responsibility to ensure that your payment details are kept up to date on your Account to ensure that there is no delay in remitting payment to you.
   3. Blisss pays out 60% gross subscriptions revenue on FanClub subscriptions and 80% gross revenue on anything else (Tips, Paid Messages, Messages Initiation, locked posts) to creators.
   4. All fees payable to you do not include VAT. 
   5. We reserve the right to suspend or remove any Content that you have uploaded at any time in the event that it does not comply with our acceptable use policy, or for any other reason whatsoever. We will not be responsible to you for any loss of earnings where We have removed your Content.

 

1. Our Intellectual Property Rights and Licence
   1. When you upload Content to Our Site, the Content can only be involving you or a third party whose consent you have obtained. We may ask you at any time to prove this consent before or after permitting you to upload the Content.
   2. You retain the ownership of copyright and other intellectual property rights in the Content (subject to any third party rights in that Content and the terms of any licence under which you use such Content). You hereby provide Users that pay for your Content with a non-exclusive, non-transferable, royalty-free licence to access the Content, and you hereby consent to your Content being published and displayed on Our Site.
   3. By accepting these Terms and Conditions, you hereby undertake:
      1. Not to copy, download or otherwise attempt to acquire any part of Our Site;
      2. Not to disassemble, decompile or otherwise reverse engineer Our Site;
      3. Not to allow or facilitate any use of Our Site that would constitute a breach of these Terms and Conditions; and
      4. Not to embed or otherwise distribute Our Site on any website, ftp server or similar.

Please be aware that we have methods of tracking any Content that has been copied, downloaded or taken as a screenshot from Our Site.

1. Links to Our Site
   1. You may link to Our Site is hosted provided that:
      1. You do so in a fair and legal manner;
      2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. You do not use any of Our logos or trade marks (or any others displayed on Our Site) without Our express written permission; and
      4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
   2. You may not link to Our Site from any other website the content of which contains material that:
      1. Is obscene, deliberately offensive, hateful or otherwise inflammatory;
      2. Promotes violence;
      3. Promotes or assists in any form of unlawful activity;
      4. Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      5. Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      6. Is calculated or is otherwise likely to deceive another person;
      7. Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
      8. Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
      9. Implies any form of affiliation with Us where none exists;
      10. Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
      11. Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
2. Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps.  Unless expressly stated, this content is not under Our control.  We neither assume or accept responsibility or liability for such third party content.  The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

1. Acceptable Usage Policy
   1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause.  Specifically:
      1. You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
      2. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
      4. You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
   2. The following types of behaviours are not permitted on Our Site and you must not create, submit, communicate or otherwise do anything that:
      1. the posting, display, or advertising of any image using a model or models under the age of 18 years anywhere on the site whether the models are clothed or unclothed;
      2. utilizing content and wording including "Kids", "Lolita", "Pedo", "Peta", "Peto", Pre-teen", "Pedophile", "Underage", "Child" or any other words, images, or descriptions that would lead someone to believe that the models are less than 18 years of age anywhere on the platform including the tags, comments, your profile username/stage name;
      3. the posting or display of any image or wording depicting or related to bestiality anywhere on the platform including the tags, comments, your profile username/stage name;
      4. the posting or display of any image or wording related to any website running, participating, or advertising acts allowing the consumer to bet or gamble on an uncertain outcome, or to play a game of chance for stakes;
      5. reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation. We make every attempt in such cases to work with both U.S. and international law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any state, federal, or international law;
      6. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
      7. promotes violence;
      8. promotes or assists in any form of unlawful activity;
      9. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      10. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      11. is calculated or otherwise likely to deceive;
      12. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
      13. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);
      14. implies any form of affiliation with Us where none exists;
      15. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
      16. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
   3. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 9 or any of the other provisions of these terms and conditions.  Specifically, We may take one or more of the following actions:
      1. Suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
      2. Remove any Content which violates this Acceptable Usage Policy;
      3. Issue you with a written warning;
      4. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      5. Take further legal action against you as appropriate;
      6. Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
      7. Any other actions which We deem reasonably appropriate (and lawful).
   4. We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

 

1. Advertising
   1. We may feature advertising within Our Site and We reserve the right to display advertising on the same page as any Content.
   2. You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

 

1. Our Liability
   1. We accept no liability for any foreseeable loss 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) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or a Content Creator) included in Our Site.
   2. To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
   3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
   4. 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.
   5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  Subject to sub-Clause 11.2.1, 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 that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other website or service that We may provide a link to.
   6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site 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.
   7. Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including 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 applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

1. Viruses, Malware and Security
   1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of any and all Content for viruses and malware as it is uploaded.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 12.6.
   2. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
   3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
   4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
   5. You must not attach Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
   6. By breaching the provisions of sub-Clauses 12.3 to 12.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

 

1. Privacy and Cookies

The Use of Our Site is also governed by Our Privacy and Cookie Policy, available from [https://blisss.company/p/cookies].  This policy is incorporated into these Terms and Conditions by this reference. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights and Our obligations under that Act.

1. Other Important Terms
   1. We may transfer (assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
   2. You may not transfer (assign) your obligations and rights under these Terms and Conditions without Our express written permission.
   3. These Terms and Conditions are between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
   4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
   5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
   6. These Terms and Conditions do not create any employment relationship, joint venture or partnership between you and Us. You are an independent contractor and are responsible for paying your own taxes and national insurance contributions. 

 

1. Changes to these Terms and Conditions
   1. We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
   2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

1. Contacting Us

To contact Us, please email Us at any of the following: [fabio@blisss.company], [sabrina@blisss.company]. 

1. Law and Jurisdiction

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 the laws of England and Wales.
2. 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 exclusive jurisdiction of the courts of England.

USERS

BACKGROUND: 
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use the Blisss website, [blisss.company] (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  You will be required to read and accept these Terms and Conditions when signing up for an Account and make a purchase.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation 
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: 2. Information About Us

Our Site is owned and operated by Blisss Company Ltd, a limited company registered in England and Wales under company number 12594015, whose registered address is Marble Arch, 1st, 3rd, 4th, 5th and 6th Floor, 42 Upper Berkeley Street, Marylebone, London W1H 5PW. 

3. Access and Changes to Our Site

3.1. Our Site is a social media platform that allows Users to create a profile and access photos and videos from Content Creators, subject to payment of a fee. 

3.2. When you create an Account, you will be asked to provide a copy of your driving licence or passport, and a selfie (a picture of yourself). This is required in order to complete your Account. This information is handled in accordance with Our privacy policy.

3.3. These Terms and Conditions  govern your use of the Site, whether or not you sign up for an Account.

3.4. Access to Our Site requires an Account.  Upon signing up for an Account, Our Site will be available to you, although you will be required to sign up for Subscriptions for individual Content Creators in order to access specific Content. 

3.5. We may from time to time make changes to Our Site:

• 3.5.1. Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue.  We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Site;
•  
• 3.5.2. Minor changes may be made to reflect changes in the law or other regulatory requirements.  We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Site; and
•  
• 3.5.3. We may develop and improve Our Site over time, in some cases making significant changes to it.  You will be kept fully informed of any and all such changes.

3.6. We will always aim to ensure that Our Site is available at all times.  In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.4.  Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Site.  If We need to suspend Our Site for longer than 14 days, We will add the corresponding time to the duration of your current Subscription period at no cost to you.  

3.7. You may not use Our Site unless you are aged 18 or older. By using Our Site, you warrant and represent that you are 18 years of age or older.

4. Accounts

4.1. An Account is required to use Our Site.

4.2. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.3. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe.  If you believe your Account is being used without your permission, please contact Us immediately.  We will not be liable for any unauthorised use of your Account.

4.4. You must not use anyone else’s Account.

4.5. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 15.

4.6. If you wish to close and delete your Account, you may do so at any time by emailing us at [support@blisss.company].  Closing your Account will result in the removal of your information from Our system.  If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in.  

5. Subscriptions, Pricing and Availability

5.1. We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Site) correspond to the actual services that will be provided to you. However, you understand and agree that it is the responsibility of each Content Creator to provide Content as they have advertised. We shall not be held responsible for any failure on the part of a Content Creator to provide the Content so advertised.

5.2. All pricing information is correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes will not affect Subscriptions that have already been purchased, but may affect renewals of Subscriptions.

5.3. All prices do not include VAT. We charge VAT in addition to any fees advertised on Our Site.

5.4. In order to view Content from a Content Creator, you must add a payment card to your Account and agree to subscribe to the relevant Content Creator. Please read our privacy policy for more information on how we handle your financial information, including payment card details.

5.5. Our third party payment provider may, where you have approved this on Our Site, take monthly payments or payments on an ad hoc basis for access to Content or Interactions. You can cancel this at any time by changing your settings in the Account section of Our Site, or contacting us at [support@blisss.company]. Following payment being taken from you, our third party payment provider will remit the payment (minus our commission) to the Content Creator.

5.6. In certain circumstances, you may be given the option to tip a Content Creator, in which case our third party payment provider will take payment from your card, as per Clause 5.5.

5.7. All refunds are handled on a case by case basis. If you wish to discuss or receive a refund, please email us at [support@blisss.company].

5.8. We reserve the right to offer promotions and coupon codes from time to time. This shall not impact Subscriptions that are currently in operation.

5.9. We reserve the right to suspend or remove any Content from a Content Creator at any time in the event that it does not comply with our acceptable use policy. In such event, you will be entitled to use the remainder of your Subscription for another Content Creator.

6. Subscriptions – How Contracts Are Formed

6.1. You will be guided through the Subscription process when you make a purchase.  Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your purchase.  Please ensure that you check carefully before confirming your purchase.

6.2. No part of Our Site, website or any other material constitutes a contractual offer capable of acceptance.  By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept.  Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).

6.3. Subscription Confirmations contain the following information:

6.4. Confirmation of your chosen Subscription including full details of the main characteristics and features of Our Site available as part of that Subscription;

6.5. Fully itemised pricing, including, where appropriate, taxes and other additional charges; and

6.6. Details of the duration of your Subscription including the start date and the end and/or renewal date.

6.7. If We do not accept or cannot process your Subscription purchase for any reason, no payment will be taken under normal circumstances.  If We have taken payment in such circumstances, the payment will be refunded to you as soon as possible.

6.8. By purchasing a Subscription, you are expressly requesting that you wish access to Our Site to be made available to you immediately (and will be required to acknowledge this).  

7. Payment

Payment for Subscriptions will be due at the time of purchase.  Your chosen payment method will be billed immediately upon confirmation of your Subscription, and such payment will be taken by our third party payment provider. Please see our privacy policy for more details.

1. Cancellation
   1. You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
      1. We have incorrectly described Our Site or it is faulty (please refer to Clause 14 for more details); or
      2. We have informed you of an upcoming change to Our Site or to these Terms and Conditions that you do not agree to; or
      3. We have informed you of an error in the price or description of your Subscription or Our Site and you do not wish to continue; or
      4. There is a risk that the availability of Our Site may be significantly delayed due to events outside of Our control; or
      5. We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
   2. Non-renewing Subscriptions cannot be cancelled. Auto-renewing Subscriptions can be cancelled at any time, however, no refunds can be provided and you will continue to have access to Our Site for the duration of the remainder of the Subscription period you are currently in.  Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
   3. To cancel a Subscription for any reason, please inform us by email to [support@blisss.company].
   4. In certain limited circumstances, We may cancel your Subscription and/or close your Account.  If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
      1. If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund.  If you believe We have closed your Account and cancelled your Subscription in error, please contact Us at [support@blisss.company].
      2. If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription.  The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date).  

 

1. Our Intellectual Property Rights and Licence
   1. Content Creators retain the ownership of copyright and other intellectual property rights in the Content (subject to any third party rights in that Content and the terms of any licence under which they use such Content). You are provided with a non-exclusive, non-transferable, royalty-free licence to access the Content where this is included in a Subscription you have purchase.
   2. By accepting these Terms and Conditions, you hereby undertake:
      1. Not to copy, download or otherwise attempt to acquire any part of Our Site;
      2. Not to disassemble, decompile or otherwise reverse engineer Our Site;
      3. Not to allow or facilitate any use of Our Site that would constitute a breach of these Terms and Conditions; and
      4. Not to embed or otherwise distribute Our Site on any website, ftp server or similar.

Please be aware that we have methods of tracking any Content that has been copied, downloaded or taken as a screenshot from Our Site.

1. Links to Our Site
   1. You may link to Our Site is hosted provided that:
      1. You do so in a fair and legal manner;
      2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. You do not use any of Our logos or trade marks (or any others displayed on Our Site) without Our express written permission; and
      4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
   2. You may not link to Our Site from any other website the content of which contains material that:
      1. Is obscene, deliberately offensive, hateful or otherwise inflammatory;
      2. Promotes violence;
      3. Promotes or assists in any form of unlawful activity;
      4. Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      5. Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      6. Is calculated or is otherwise likely to deceive another person;
      7. Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
      8. Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 10.2);
      9. Implies any form of affiliation with Us where none exists;
      10. Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
      11. Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
2. Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps.  Unless expressly stated, this content is not under Our control.  We neither assume or accept responsibility or liability for such third party content.  The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

1. Acceptable Usage Policy
   1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12.  Specifically:
      1. You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
      2. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
      3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
      4. You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
   2. The following types of behaviours are not permitted on Our Site and you must not create, submit, communicate or otherwise do anything that:
      1. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
      2. promotes violence;
      3. promotes or assists in any form of unlawful activity;
      4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      5. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      6. is calculated or otherwise likely to deceive;
      7. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
      8. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 14.2);
      9. implies any form of affiliation with Us where none exists;
      10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
      11. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
   3. We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these terms and conditions.  Specifically, We may take one or more of the following actions:
      1. Suspend, whether temporarily or permanently, your Account and/or your right to access Our Site (for more details regarding such cancellation, please refer to sub-Clause 8.9);
      2. Remove any Content which violates this Acceptable Usage Policy;
      3. Issue you with a written warning;
      4. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      5. Take further legal action against you as appropriate;
      6. Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
      7. Any other actions which We deem reasonably appropriate (and lawful).
   4. We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

 

1. Advertising
   1. We may feature advertising within Our Site and We reserve the right to display advertising on the same page as any Content.
   2. You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

 

1. Our Liability
   1. We accept no liability for any foreseeable loss 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) Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or a Content Creator) included in Our Site.
   2. To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
   3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
   4. 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.
   5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  Subject to sub-Clause 14.2.1, 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 that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other website or service that We may provide a link to.
   6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site 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.
   7. Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including 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 applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

1. Viruses, Malware and Security
   1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of any and all Content for viruses and malware as it is uploaded.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 15.6.
   2. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
   3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
   4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
   5. You must not attach Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
   6. By breaching the provisions of sub-Clauses 15.3 to 15.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

 

1. Privacy and Cookies

The Use of Our Site is also governed by Our Privacy and Cookie Policy, available from https://blisss.company/p/cookies. This policy is incorporated into these Terms and Conditions by this reference. All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the Data Protection Act 2018 and your rights and Our obligations under that Act.

1. Other Important Terms
   1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
   2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
   3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
   4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
   5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

1. Changes to these Terms and Conditions
   1. We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
   2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

1. Contacting Us

To contact Us, please email Us at [support@blisss.company].

1. Law and Jurisdiction

1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England and Wales.

 

1. 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 exclusive jurisdiction of the courts of England.