▌TERMS OF SERVICE

Last Updated: 22 December 2024

1. Acceptance of Terms

By accessing and using the Witch of the East website at aerishoulihan.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site.

2. Use of the Site

You may use the Site for lawful purposes only. You agree not to:

  • Use the Site in any way that violates any applicable local, national, or international law or regulation.
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site.
  • Attempt to gain unauthorised access to any portion of the Site or any systems or networks connected to the Site.
  • Use any automated system (e.g., robots, spiders, scrapers) to access the Site without our prior written permission.
  • Transmit any viruses, malware, or other harmful code.

3. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, audio, video, music, and software, is the property of Aeris Houlihan / Witch of the East or its licensors and is protected by UK and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or publicly perform any content from the Site without our prior written consent, except for personal, non-commercial use.

4. User-Generated Content

If you submit content to the Site (e.g., comments, form submissions, or other communications), you grant us a non-exclusive, royalty-free, perpetual, and worldwide licence to use, reproduce, modify, and distribute such content for the purposes of operating and improving the Site.

You represent and warrant that any content you submit does not violate any third-party rights (including intellectual property rights) and does not contain unlawful, defamatory, or obscene material.

5. Third-Party Links and Services

The Site may contain links to third-party websites or services (e.g., Spotify, Bandcamp, Patreon, Etsy, YouTube) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

6. Purchases and Transactions

If you purchase products or services through third-party platforms linked from our Site (e.g., Bandcamp, Etsy, Patreon), your transaction is subject to the terms and conditions of that third-party platform. We are not responsible for any issues related to purchases made through third-party services.

7. Disclaimer of Warranties

The Site is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components. Your use of the Site is at your own risk.

8. Limitation of Liability

To the fullest extent permitted by law, Aeris Houlihan / Witch of the East shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Site.
  • Any unauthorised access to or use of our servers and/or any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Site.
  • Any bugs, viruses, or other harmful code transmitted to or through the Site by any third party.

9. Indemnification

You agree to indemnify, defend, and hold harmless Aeris Houlihan / Witch of the East and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any third-party rights.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. Changes to These Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

12. Termination

We reserve the right to terminate or suspend your access to the Site at any time, without prior notice or liability, for any reason, including if you breach these Terms.

13. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aeris Houlihan / Witch of the East regarding the use of the Site and supersede any prior agreements.

15. Contact Us

If you have any questions or concerns about these Terms, please contact us at:
Email: contact@aerishoulihan.com