Terms and Conditions

4.1 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 Ethereal Paths LLC, our affiliates, or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable United States copyright law, specifically the U.S. Copyright Act, as well as international intellectual property laws and other relevant regulations.

4.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

5.1 Unless otherwise expressly indicated, all Intellectual Property rights, including but not limited to, copyrights and trademarks, in product images and descriptions belong to the respective manufacturers or distributors of such products, as applicable. Ethereal Paths LLC does not claim ownership of these materials and respects the rights of the third parties who provide them. Such materials are protected under the U.S. Copyright Act and applicable international intellectual property laws.

5.2 Subject to Clause 6, you may not reproduce, copy, distribute, store, or re-use such material unless otherwise indicated on the Website or unless you have obtained express written permission to do so from the relevant manufacturer or supplier.

9.1 When using any System on the Website, you are required to adhere to the following rules. Failure to comply with these rules may result in your Account being suspended or terminated:

9.1.1 You must not use obscene or vulgar language.

9.1.2 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, ageist, sexist, or racist.

9.1.3 You must not submit Content that is intended to promote or incite violence.

9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages.

9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.

9.1.6 You must not impersonate other people, particularly employees and representatives of Ethereal Paths LLC or Our affiliates.

9.1.7 You must not use Our System for unauthorized mass-communication, such as "spam" or "junk mail."

9.2 You acknowledge that Ethereal Paths LLC reserves the right to monitor any and all communications made to Us or using Our System.

9.3 You acknowledge that Ethereal Paths LLC may retain copies of any and all communications made to Us or using Our System.

9.4 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 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.

10.1 In order to procure Services 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 and Payment Information. The information required may vary depending on your use of the Website, as We may not request payment information until you decide to make a purchase. By continuing to use this Website, you represent and warrant that:

• 10.1.1 All information you submit is accurate, truthful, and up to date;
• 10.1.2 You have permission to submit Payment Information where permission may be required; and
• 10.1.3 You will keep this information accurate and up to date at all times.

Your creation of an Account is further affirmation of your representation and warranty.

10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is advised that you do not save your Account details in your internet browser.

10.3 If you have reason to believe that your Account details have been obtained by another person without your consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment, you shall be charged for the period from the commencement of the provision of Services until the date you notified us, and may also be charged for a billing cycle of one month.

10.4 When choosing your username, you are required to adhere to the terms set out above in Clause 9. Any failure to comply may result in the suspension and/or deletion of your Account.

11.1 Either Ethereal Paths LLC or you may terminate your Account at any time. If We terminate your Account, you will be notified by email with an explanation for the termination. Notwithstanding the foregoing, We reserve the right to terminate your Account at our sole discretion without providing reasons.

11.2 If We terminate your Account, any current or pending orders or payments associated with your Account will be cancelled, and provision of Services will not commence.

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Ethereal Paths LLC correspond to the actual Services provided to you, We are not responsible for any minor variations from these descriptions, as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to minor variations of the correct Services, not entirely different Services. Please refer to sub-Clause 13.8 for incorrect Services.

12.2 Where appropriate, you may be required to select the relevant Plan of Services that best suits your needs.

12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website and are subject to change.

12.4 All pricing information on the Website is correct at the time of publication. We reserve the right to change prices and modify or remove any special offers from time to time, as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, the price that was valid at the time of the order shall be applied.

13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Ethereal Paths LLC and you.

13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services commence and shall contain the following information:

• 13.2.1 Confirmation of the Services ordered, including full details of the main characteristics of those Services;
• 13.2.2 Fully itemised pricing for the Services ordered, including, where appropriate, taxes, delivery, and other additional charges;
• 13.2.3 Estimated date and time for the provision of the Services; and
• 13.2.4 Information regarding your right to cancel or terminate the contract where applicable.

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased, and on the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month’s billing cycle and/or as indicated in the order confirmation you received.

13.5 We aim to fulfill your order within 2-3 working days or, if not possible, within a reasonable period following your order, unless there are exceptional circumstances. If we cannot fulfill your order within a reasonable period, we will inform you either by placing a notice on the relevant web page or by contacting you directly after you place your order. Time is not of the essence of the contract, meaning that while we aim to meet agreed timescales, this is not an essential condition of the contract, and we will not be liable if we do not do so. If the Services are to begin within 14 calendar days of our acceptance of your order, at your express request, you will be required to acknowledge that your statutory cancellation rights, detailed in Clause 14, may be affected.

13.6 Ethereal Paths LLC shall use all reasonable endeavours to provide the Services with reasonable skill and care, in line with best trade practice.

13.7 In the event that Services are provided that are not in conformity with your order and are thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order.

13.8 Ethereal Paths LLC provides technical support via our online support forum and/or by phone. We make every effort to respond in a timely manner but do not guarantee a specific response time.

We want you to be completely satisfied with the Products or Services you order from Ethereal Paths LLC. If you need to speak to us about your Order, please contact us by email at info@ethereal-paths.com, or by writing to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Ethereal Paths LLC and you is formed, and ends 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform us immediately using the following email: [sales@ethereal-paths.com]. Your right to cancel during the cooling-off period is subject to the provisions of sub-Clause 14.2.

• 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling-off period, you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling-off period, you acknowledge and agree to the following:
• 14.2.1 If the Services are fully performed within the 14 calendar day cooling-off period, you will lose your right to cancel after the Services are complete.

• 14.3 Cancellation of Services after the 14 calendar day cooling-off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

16.1 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 2018, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other applicable data protection laws, as well as your rights under these Acts.

16.2 We may use your personal information to:

• 16.2.1 Provide and manage your access to the Website;
• 16.2.2 Supply our Services to you;
• 16.2.3 Personalize and tailor our Services for you;
• 16.2.4 Respond to communications from you;
• 16.2.5 Process your orders and payments;
• 16.2.6 Send you emails that you have opted into (you may unsubscribe or opt-out at any time); and
• 16.2.7 Improve your experience on the Website and analyze usage trends.

16.3 In certain circumstances (if, for example, you wish to purchase Services 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 2018, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other applicable data protection laws, and should use and hold your personal information accordingly.

16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission, unless required to do so by law or for the purpose of fulfilling contractual obligations (e.g., payment processors, delivery services). In such cases, third parties will be subject to appropriate data protection laws.

17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

17.2 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.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst We use reasonable endeavours 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, as well as that of your personal details and your computers.

19.1 The Website is provided “as is” and on an “as available” basis. Ethereal Paths LLC uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults, and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality.

19.2 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 censorship.

20.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

20.2 Nothing in these Terms and Conditions excludes or restricts Ethereal Paths LLC's liability for death or personal injury resulting from any negligence or fraud on the part of Ethereal Paths LLC.

20.3 Nothing in these Terms and Conditions excludes or restricts Ethereal Paths LLC's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or reliance on incorrect information included on the Website.

20.4 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.

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.

24.1 All notices/communications shall be given to Us either by post to Our Premises (see address above) or by email to info@ethereal-paths.com. Such notice will be deemed received 3 days after posting if sent by first class post, on 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.

24.2 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 you receive from Us.