LEGAL STUFF

"The Fine Print"

COPYRIGHT NOTICE

Welcome to Vampilore. All information, written, coded and contained at and displayed, viewed and/or downloaded from this internet site, identified by the URLs www.vampilore.co.uk , including all subdirectories and the documents contained within Vampilore, is and shall remain copyrighted by Robin Whale a.k.a. Vampilore.

All content on this site, unless otherwise indicated, is copyright © 2006 by Robin Whale. Reproduction, distribution or transmission by any means without the prior permission is prohibited outside of the specific exceptions listed below. All rights reserved.

Various characters, images, designs, logos, names, and other related indicia on Vampilore may be trademarks and/or copyrighted by other companies including, but not limited to: Harris Comics, DC Comics, Marvel Comics, Image Comics, Dark Horse Comics, and various other publishers, studios, producers, creators or other such owners and/or copyright holders. Any use of such characters, logos, names, visages and other, related indicia on this site is wholly without permission, and only used in the interest of fair use for scholarly and research purposes.

Vampilore makes no claim of ownership or control of any such artwork, images or characters. Any use on this web site of copyrighted and/or trademarked material is used in a Non-profit and Educational capacity to illustrate and expound on the facts regarding published material, and is only used in this capacity.

If you are the owner, or otherwise control a character, logos, name, or other related indicia used on Vampilore, and you feel such use violates your rights, or in some way does not qualify under fair use, please notify Vampilore immediately so that appropriate and immediate action can be taken to protect the rights of all concerned.

Excluding the above mentioned, the compilation of all content on this site is the exclusive property of Vampilore and protected by international copyright laws. All software used on this site is the property of Vampilore or its software suppliers and protected by international copyright laws.

Vampilore grants you a limited license to access and make personal use of this site. No permission - literal or implied - is given for downloading (other than page caching) or modification of this web site, or any portion of it, except with express written consent of Vampilore.

This license SPECIFICALLY EXCLUDES any resale or commercial use of this site or its contents; any collection and use of any content listings, descriptions, or artwork; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Vampilore.

You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vampilore without prior express written consent. You may not use any meta tags or any other "hidden text" utilising Vampilore's name or trademarks without the prior express written consent of Vampilore. Any unauthorised use terminates any permission or license granted by Vampilore to you for use, whether stated or implied, but does not relieve you of any obligations you have to Vampilore for fees for your use of our material.

Further, you are granted a limited, revocable, and nonexclusive right to create a hyper link to the home page or deep content page(s) of Vampilore so long as the link does not portray Vampilore, it's affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Vampilore logo or other proprietary graphic or trademark as part of the link without express written permission, except as specifically excluded and allowed below.

PRIVACY

Your privacy is very important to us at Vampilore.

As the internet grows, privacy becomes a bigger issue to those who use the Internet. We at Vampilore are as concerned about this as you are. Vampilore has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this site and our viewers. We treat our users as we wish to be treated, with respect for everyone's privacy.

ADVERTISEMENTS

Should Vampilore accept advertisements on the site at any time, there will be cookies used on the site. A cookie is a technical term for a piece of information that's sent by a Web server to a browser (such as Netscape Navigator or Microsoft Internet Explorer) and then back again from the browser to the Web server. This can happen with or without your knowledge, depending on how you have configured your browser.
The placement of these cookies on your computer is not a requirement of the use of Vampilore. You may opt-out of taking cookies by simply setting your browser to reject all cookies.

INFORMATION SUBMITTED TO VAMPILORE

Vampilore takes the use of any information from our Users very seriously. We do not believe in unsolicited e-mailing (commonly known as “spam”). We do not e-mail Users unless they have first submitted an e-mail to us. Anyone submitting an e-mail question (as opposed to registering online) is not automatically added to any e-mail list unless they ask to be. We do not "harvest" e-mail addresses for mailings, either from visits to our sites, or from the web at large. You have to specifically ask to be added to our mailing list!

Any and all information collected from this site is used in-house only, and is not sold or distributed to any third party.

We do take our Users privacy very seriously, and we do all we can to protect that privacy. If you have any other questions about how we handle the information you give us please contact us.

INFORMATION WE GET YOU MAY NOT KNOW ABOUT

Just browsing our site, it is possible for us to gather some information about your browsing experience. Vampilore’s hosting company (web-mania.com) uses your IP address to help diagnose problems with their server, and to administer our Web site. An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. Web servers - the computers that "serve" up Web pages - automatically identify your computer by its IP address. In most cases, you will have a different IP address every time you log on to the Internet... it is not specific to you.

When guests request pages from Vampilore, the servers log their IP addresses. We do not link IP addresses to anything personally identifiable. This means that a User's session will be logged, but the User remains anonymous to us. Even if you are a registered User, we have no way of combining the fairly anonymous IP address information with your specific User information.

This site contains links to other sites. Vampilore is not responsible for the privacy practices or the content of such Web sites. In no case is any information from Vampilore shared with any of these outside links.

Ever.

CHAT ROOMS / MESSAGE BOARDS / PUBLIC FORUMS

Should Vampilore ever make chat rooms, forums, message boards, and/or news groups available to its Users, any information that is disclosed in these areas becomes public information and you should exercise caution (and good, common sense!) when deciding to disclose your personal information.

CONTEST AND GIVE-AWAYS

This site may at some time run contests or give-aways in which we ask Users for contact information (such as their name and e-mail address) and demographic information (such as their post/zip code, age, and/or other information). The User's contact information is used to contact the visitor when necessary, such as if they win a contest or to notify Users of upcoming contests. All information that is collected stays in-house, only sharing address information with a third party such as a courier firm or postal service for shipping purposes.

ON-LINE (AND OFF-LINE) SECURITY

This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Any information we collect is kept in a secure database which is not accessible from the internet. Only Vampilore has access to this information. We have never, nor will we ever sell or share this information to anyone for any purpose. If you ever request us to remove you from our list, you are removed immediately and completely, and no information about you is kept. If we make any hardcopy print outs of addresses or other information, we destroy the papers when we are done.

CHILDREN'S PRIVACY

Our site does not specifically target children, but it is inevitable that children will visit us. We have tried to ensure that the content of the site - which does have some "mature" themes - is suitable for younger visitors. We require all submission made to our web site be from an adult, and by submitting, you warrant that you are an adult.

OPT-OUT, CHANGE OR MODIFY INFORMATION HELD

Vampilore gives Users the following options for removing and/or modifying their information from our database to not receive future communications or to no longer receive our service.

[1] you can send an e-mail to us requesting us to remove you.

[2] You can telephone on 01209 842595 (UK residents) / 44 1209 842595 (Rest of World).

[3] You can send a letter to the following postal address:-
Vampilore.
Cantlop, Paynters Lane,
Illogan, TR16 4DR.
UNITED KINGDOM

CONTACTING THE WEB SITE

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you may contact Vampilore using the information above.

POLICY CHANGES

Vampilore reserves the right to make changes to this policy on occasion, as it sees fit. While every effort shall be made to conform to the spirit of our above policies, circumstances at some point may dictate changes. Such changes shall be posted to this page in a timely manner, although they may be in effect prior to being posted. Vampilore shall not be held liable for any changes it makes to it's privacy policy; we reserve the right to make any and all such changes as we see fit, at our complete discretion, at any time. Should the User disagree with any changes we make to our policies, their sole remedy shall be to be removed from our database, and it is the Users responsibility to request us to do such.

TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your irrevocable acceptance of these Terms of Use. Vampilore reserves the right to revise the Terms of Use at any time without providing notice to its users. If you do not agree to these terms of use, do not use the site, or it's contents (online or off-line). Access to and use of this site is revocable at any time for abuse of the system. Any use of the Site acknowledges your acceptance of these terms, and your implied agreement to be bound by them.

RESTRICTIONS ON USE OF MATERIALS

No material from www.vampilore.co.uk or any Web site owned, operated, licensed or controlled by Vampilore or any of its related, affiliated, parent or subsidiary companies (if any), may be copied, reproduced, republished, uploaded, posted, transmitted, compiled or recompiled, or distributed in any way, without the prior written permission of Vampilore, except that you may download one copy of the materials on any single computer during the course of normal browsing for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, or as otherwise specifically noted below. Making modifications to the Materials is expressly prohibited. Use of the Materials on any networked computer environment or other web site is also prohibited, except in the specific instances excluded below.

Modification of the materials or use of the materials for any other purpose is forbidden, and a violation of Vampilore's Terms of Use, as well as our copyright and other inherent proprietary rights. The user shall have no ownership rights in the material contained within the Site. The user shall have only the limited, and revocable, right to access and use the material contained within the Site as set forth herein. Such right shall continue only as long as this Agreement remains in full force and effect, and the user is not in violation of any of the terms of this agreement. Ownership of said material and all intellectual property rights contained therein shall remain at all times with Vampilore.

The Site is a free web site and offers and provides its services to any human browser at no cost. The Site is a web site, specifically meaning it is designed to be browsed and viewed online, by online browsing software such as Netscape, Mozilla, Internet Explorer, Opera, Lynx, iCab, Safari and similar web-browsing programs. This site will not accept browsing by web accelerators, off-line browsers or the like; they put an undue strain on the system, which may degrade the browsing experience for other users. Please disable, deactivate or otherwise remove any software acceleration or off-line browsing programs before entering this site. The use of any sort of web page harvesters or site download software by individuals is expressly prohibited on this site, and active measures are taken against such use; you may have your access to this site banned for such use. Any use of such device by a commercial entity will be charged a server-use fee.

As we present the Site for free, and this is a non-profit endeavour, we take a dim view of our works being used in any commercial way, and we would expect to be well compensated for any such use. Any automated downloading, or "harvesting" of the information from our web site for any commercial purpose (including, but not limited to data mining, resale, repackaging, compiling, recompiling, posting, publishing or digesting) by any robot, commercial entity or agent for a commercial entity will be charged a per-page usage fee for their impact on our server, and their adverse effect on the intended users this site, as well as a licensing fee for the use of such materials. We reserve the right to determine, at our sole discretion, what software robots (‘bots) have an adverse effect, and to exempt those ‘bots which provide us a service in return for access to our site. (For example, ‘bots that need to scan our pages for inclusion in search engines, and thus provide a direct benefit from their access to our site and to our users, may be exempted. Any 'bot that reads, follows and adheres to our robots.txt file should be fine.) If you have doubts as to whether a 'bot you plan to use on the Site is exempt or not, please contact us before you use it; once it has impacted our server, you may already be liable for any licensing and usage fees.

LINKING AND USE OF VAMPILORE CONTENT

You may link to materials within Vampilore's web site, provided you follow the rules we have set forth and described in our linking guide. Use of this site or it's contents is revocable at any time at the digression of this site and/or it's web masters if these terms are abused or broken.

You may quote small subsets of creative or production-related data on non-commercial web sites, on message board systems, in magazine articles etc. We do require, however, that you make reference to the source of the data via the phrase "Information courtesy of Vampilore. Used with permission." and include a live link to our web site’s main page.

If quoting our material online, all quoted material in your reference should preferably remain linked to the corresponding Vampilore detail pages.

Off-line (print) references must include the attribution:

"Information courtesy of Vampilore (http://www.vampilore.co.uk) Used with permission."

Commercial sites and for-profit entities (including individuals selling items on auction sites, such as eBay) may link to any page on this site without exclusion. Commercial sites may quote information from no more than one page from Vampilore on their site at any given time without prior permission; any higher use of information or materials from Vampilore will require our prior written approval and could require licensing fees for such use. Any such use of materials on a commercial site (including users on auction sites) MUST include an attribution as outlined above stating that the information came from Vampilore, and including a live link back to this site (either the home page, or the page the information is taken from).

Licensing of materials and information is available for most of our content, both with and without reciprocal linking required.

Vampilore reserves the right to charge for unauthorised commercial use of any materials taken and used from the Vampilore site without our expressed written prior permission, or which does not wholly conform to the above expressed exceptions. Any such "late" licensing fees will be charged at a rate no less than ten times (10x) our normal licensing rates per calendar month (or portion thereof) of usage, and be payable on demand. Any active copying, publishing and/or use by any commercial web site or for-profit entity of any materials taken from Vampilore shall be deemed as acknowledgement and acceptance of these materials licensing terms.

In no case may images on the Vampilore web site be directly linked to or called from any other web site, and no permission will ever be given to the contrary.

If you are unsure if your usage of Vampilore content falls within these exceptions, or if you wish to discuss other options, licensing or permissions, please contact us.

RESTRICTIONS ON USE OF SOFTWARE OR DOWNLOADS

The software, including any files, images incorporated in or generated by the software, data or XML feeds, and/or data accompanying the software (collectively, the "Software") are licensed to you by Vampilore for personal, home use only. Vampilore does not transfer any title to the Software or any associated data to you. You own the medium on which the Software is recorded, but Vampilore retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

In the event you download software or data packages from the site, such software or data is offered as-is and as-available, without warranty of any kind, either expressed or implied, including and without limitation, warranties of performance, merchantability, fitness for a particular purpose, timeliness of delivery, suitable for use or non infringement. More specifically, Vampilore does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. Vampilore does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time.

Vampilore grants to you a non-exclusive license to use the Software as described below.

You may:

[1] use the Software on any single computer;
[2] copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.

You may not:

[1] permit other individuals to use the Software;
[2] copy the Software (with or without modification) for distribution to third parties;
[3] permit concurrent use of the Software;
[4] modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software;
[5] copy the Software other than as specified above;
[6] rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software;
[7] remove any proprietary notices or labels on the Software;
[8] and/or redistribute any digital images, videos, graphic elements or data- historical or current- in the Software for any purpose.

SUBMISSIONS

All comments, suggestions, ideas, notes, drawings, concepts and any or all other information disclosed and/or offered to Vampilore by and at this site or in response to solicitations at this site or any other Vampilore site (collectively, the "Comments") shall be deemed and shall remain the property of Vampilore from the moment of submission. For all such Comments, unless we indicate in writing otherwise, you grant Vampilore and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, edit, expand upon, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Vampilore and its affiliates and sublicensees (if any) the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the Comments that you submit at the time of submission; that the Comments are accurate; that use of the Comments you supply does not violate our site's policies and will not cause injury to any person or entity; that you agree to and are legally able to transfer all rights as described hereon to Vampilore; and that you will indemnify Vampilore or its affiliates for all claims resulting from Comments you supply.

Vampilore has the right, but assumes no obligation, to monitor and edit or remove any activity, Comments or content at it's sole discretion, at any time it feels the need to do so.

Vampilore takes no responsibility and assumes no liability for any Comments posted by you or any third party. None of the Comments shall be subject to any obligation of confidence on the part of Vampilore and Vampilore shall not be liable for any use or disclosure of any Comments.

Without limitation of the foregoing, Vampilore shall exclusively own all now known or hereafter existing rights to the Comments of any and every kind, and shall be entitled to unrestricted use of the Comments for any purpose whatsoever, commercial or otherwise, without permission from, or compensation to, the provider of the Comments.

VAMPILORE COMMUNITY

Please exercise respect when participating in any of Vampilore's community features such as message boards, Forums, chats, e-mails, Personal Messaging, etc., (collectively "User Materials"). You may not submit or publish through Vampilore any User Materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, illegal, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Vampilore that solicit funds or services, contain advertising for any party or include programs which contain viruses or any other programs designed to impair the functionality of any computer. And furthermore, Vampilore reserves the right to edit any User Materials it feels violates any of the above terms or stipulations, or, in Vampilore's sole opinion, is inflammatory, insulting, offensive or otherwise unseemly. Vampilore may, but assumes no obligation or responsibility to, remove any Comments that may be deemed inflammatory, insulting, offensive or otherwise unseemly.

Notwithstanding any rights or obligations governed by these Terms, if any, any time you upload or post User Materials to the Site you automatically grant Vampilore a non-exclusive, royalty-free, perpetual license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in any or all languages, in any or all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for Vampilore and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.

MEMBERSHIPS AND DONATIONS

Vampilore actively solicits donations to assist with the cost of maintaining the site. Vampilore may, from time to time, and it's sole discretion, offer incentives and perks for donations or memberships. Such incentives or perks are extra "rights" or "access" to the site, and a courtesy extended to the User by Vampilore but are not tied directly to the donation, and should not be considered a “quid pro quo” for such donation. Donations, once granted to Vampilore are non-refundable. Any incentives or perks granted to User by Vampilore are revocable for violation of these Terms without recourse to a refund of donation.

"HACKING" OR OTHER ASSAULTS ON VAMPILORE

Vampilore is comprised of a multitude of publicly available links, freely accessible from the web. This is the public part of our web site. Any attempts to access any other part of our site, including (but not limited to) non-linked, protected, members-only, password-protected, administrative or otherwise non-public parts of this site are to be considered "hacking." Any attempts to hack or access these non-public sections of the web site are a violation of our Terms of Use, and are not allowed. Such attempts may result in a user, network, domain or IP being actively banned by Vampilore. Vampilore reserves the right to explore any and all remedies, legal and otherwise, against hacking, and those that attempt to hack Vampilore.

USE OF E-MAIL SUBSYSTEMS

The use of e-mail through Vampilore online systems shall be limited to direct inquiries to Vampilore by interested people with questions directly related to Vampirella, Vampirella comic books, Vampirella art, collecting Vampirella items, and other related inquiries. Any use of the site for transmittal of unsolicited commercial endeavours is prohibited. Any such use involves the use of private computing systems, and shall result in billing to the sender of at least £100.00 (one hundred UK pounds - approximately $150.00 USD / €150.00 EURO) per occurrence. E-Mail address harvesting is also prohibited on our servers; any robots or automated services doing this will be summarily banned from the site.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting awareness and education about Vampirella, comic book art, comic book information and any other related products available in the United Kingdom, Europe and the United States of America, their territories, possessions, and protectorates.

This site is controlled and operated by Vampilore from its offices within the Duchy of Cornwall, U.K.

Vampilore makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United Kingdom export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any other country to which the U.K. has embargoed goods; or (ii) to anyone that the U.K. Government and its various departments has deemed unfit to receive such. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such official list.

SITES VAMIPLORE MAY LINK TO

The sites linked from the Vampilore web site are not under Vampilore's control, and Vampilore does not assume any responsibility or liability for any communications or materials available at such linked sites. Vampilore does not intend links on Vampilore Web site to be referrals or endorsements of the linked entities, and are provided for convenience only.

ADDITIONAL MATERIAL POSTED AT WEB SITE

This site may make chat rooms, forums, message boards, posting boards and/or news groups available to its users. Should it do so, Vampilore is not obligated to moderate or edit these posts. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Additionally, any opinions expressed in those forums are those of the poster and not those of Vampilore or it's employees or agents. We take no responsibility for the posted opinions of users, nor does Vampilore endorse any opinions posted hereon.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Vampilore site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Vampilore if in Vampilore's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Vampilore site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Any such termination of the use of materials taken from Vampilore does not relieve any commercial user of any financial obligations they may have incurred in the use of such material, and such obligations will live beyond the duration of this contract, until satisfied in full.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VAMIPLORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VAMPILORE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VAMPILORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT VAMPILORE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VAMPILORE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, THE IMPROPER USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF VAMPILORE OR A VAMPILORE AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VAMPILORE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VAMPILORE OR ITS LICENSERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF VAMPILORE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

OTHER

This agreement shall be governed by and construed in accordance with the laws of the UNITED KINGDOM, and you consent to exclusive jurisdiction and venue in such courts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Magistrate’s or County courts located in the Duchy of Cornwall, UK, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.