Terms of Use

AFTERBOOK –TERMS OF USE

Thank you for your interest in Afterbook. In order to make sure Afterbook is a safe space for our Users and to protect something we have worked really hard to create, we have put together some terms of use which you must comply with if you want to use Afterbook. Please read these terms carefully as they form a binding legal agreement between you and us. If you have any questions about Afterbook or these terms, please contact us by email to: [email protected]. We’d be happy to help.

  1. WHO WE ARE AND WHAT IS AFTERBOOK?
  2. We are Afterbook Limited, a company registered in Northern Ireland under company number NI643082 and we have our registered office at Graceland, 4 Redbridge, Crawfordsburn, BT19 1ZU (we, us, our).
  3. We provide a website (currently available at https://afterbook.com/) which allows Users to upload and share precious memories about themselves or a loved one (Afterbook). 

  1. If you have any questions about who we are, what we do, or the terms set out herein (Terms), please feel free to contact us at the address above or by email to [email protected]

  1. ABOUT THESE TERMS OF USE

  1. By using Afterbook, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use Afterbook. These Terms form a legally binding agreement between you (the user of Afterbook) and us (Agreement).

  1. We may make changes to these Terms from time to time. Every time you use Afterbook, please check these Terms to ensure you understand the terms that apply at that time.

  1. In these Terms: references to clauses (unless otherwise provided) are references of the clauses of these Terms; words in the singular include the plural and in the plural include the singular; a reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it; and references to including and include(s) shall be deemed to mean respectively, including without limitation and include(s) without limitation.

  1. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

  1. The following additional terms may also apply to your use of Afterbook:

  • Our Privacy Notice sets out how we handle the personal data which we collect through Users’ use of Afterbook, and can be accessed https://afterbook.com/privacy-policy
  • Our Cookie Policy which can be accessed (coming shorty) sets out information about the cookies on Afterbook.
  • If you would like to use Afterbook for business purposes, please contact us at [email protected]
  1. WHO IS AFTERBOOK FOR?

  1. Afterbook can be used by the following people:

Curators: that is anyone who would like to create an online ‘memory box’ accessible on Afterbook (Life Story Profile) whether about themselves or a loved one; and

Visitors: that is anyone who is invited by a Curator to share and/or contribute to a Life Story Profile. 

  1. In these Terms:

User means anyone who uses Afterbook; and

Life Story Subject means the person whose Life Story Profile is created through stories and pictures.

  1. You must be over the age of 16 to use Afterbook. If you under this age, you may still use Afterbook but only with the consent of a parent or guardian.

  1. If you would like to use Afterbook for any purpose not set out above, you must talk to us first and obtain our consent. You can do so by emailing us at [email protected] or writing to us at our registered address (which you’ll find in clause 1 above).

  1. YOUR USER ACCOUNT

  2. If you want to use Afterbook you will need to set up an account with us (User Account). To do this, you will need to provide us with certain information about yourself and the Life Story Subject. We will need your name, an email address we can use to contact you with (and send you notifications about your account and the relevant Life Story Profile) as well as the name and some details about the Life Story Subject. We will also request your date of birth. If you would like to, you can also upload a profile image that will be associated with your User Account. Any such details you provide us with to set up your account, we’ll refer to as Account Details.

  1. The following rules apply in respect of any Account Details you provide us with:

  1. all of the Account Details must be true, accurate and not misleading;

  1. you must not use someone else’s name or image to identify yourself;

  1. although you may be using Afterbook to remember someone else, you must set up your User Account in 
your own name. You must not set up a User Account on behalf of anyone else; and

  1. you may not set up a Life Story Profile for any other living person unless you have first obtained their explicit, informed and unambiguous consent to do so. For further information about setting up a Life Story Profile relating to another living person please go to clause 10.

  1. We reserve the right to disable your User Account and suspend our services to you at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we have received a complaint from someone about your use of Afterbook.

  1. You are responsible for any activity carried out on your User Account. For this reason it is really important that you keep your password securely and do not tell anyone else what it is. If you know or suspect that anyone other than you knows your password, you must promptly notify us at [email protected] .

  1. HOW YOU MAY USE AFTERBOOK  

  1. You may use Afterbook for the purposes set out in this clause 6. We hereby grant you a non-exclusive, non-sub-licensable, non-assignable, non-transferrable, revocable licence to use Afterbook solely and strictly for your own personal use for the purposes set out in this clause 6. 

Curator

  1. You may use Afterbook as the Curator: this means to create a Life Story Profile about yourself or someone else.  You may upload stories or images (including video and audio) about the Life Story Subject in order to create a Life Story Profile. Any content you provide must be respectful to the Life Story Subject (and their friends and family) and must comply with the User Content restrictions set out in clause 7 below.

  1. As the Curator, you may invite other people to access the Life Story Profile you have created. You can do this by sharing a link that we’ll provide you with (Life Story Profile Link). If you do decide to share a Life Story Profile Link with someone, you are authorising them to access, comment upon and add content to the Life Story Profile you have created. It is your responsibility to be very careful who you provide the Life Story Profile Link to, as the recipients will be able to see everything you (or anyone else) has added to your Life Story Profile. Only send the link to people you trust and who knew the Life Story Subject. If you want to keep your Life Story Profile private, do not share the link with anyone. Since the Life Story Profile Link will give people access to the Life Story Profile you have created, you must keep it confidential and secure.

  1. As the Curator, you may choose to make certain aspects of your Life Story Profile(s) publicly available in our gallery. You may only do so if the Life Story Profile is about yourself or a Life Story Subject who is an immediate family member. We reserve the right to refuse or remove any publicly available Life Story Profiles if we receive any complaints from anyone else.

Visitors

  1. If you receive a Life Story Profile Link from a Curator you can use it to access the Life Story Profile they have created. As a Visitor, you may be permitted to add your own memories, whether images or stories to the Life Story Profile, or to light a digital candle to show you are thinking of them. Any content you provide must be respectful to the Curator and Life Story Subject (and their friends and family) and must comply with the User Content restrictions set out in clause 7 below. 

  1. You acknowledge and agree that a Curator may decide to terminate your access to a Life Story Profile (whether or not you have added any content to the Life Story Profile in question) and to delete the Life Story Profile they have created. You also acknowledge that a Curator may choose to share the Life Story Profile in question with such parties as the Curator deems appropriate. We have no liability to you in respect of any decision by a Curator to terminate your access to a Life Story Profile or share any content you upload or otherwise make available on a Life Story Profile.

  1. If you have any doubt about the authenticity of any link you receive from someone else, it is up to you to contact the person purporting to send the link to make sure it is genuine. We do not accept any responsibility for any losses or damages suffered or incurred by you as a result of clicking on a link which is not a genuine Life Story Profile Link.

All Users

  1. The purpose of Afterbook is to enable you to create a Life Story Profile with contributions from friends and family about the Life Story Subject. While we hope to make Afterbook available to you for a long time, we cannot guarantee that Afterbook (or access to your User Account or any Life Story Profile) will always be available. There are a number of reasons this might happen, including, a decision by us to cease providing our service, or a decision by the Curator who set up a particular Life Story Profile to delete their User Account. We know how important your memories are to you, but Afterbook should not be used as a place to archive the content you or other people upload. It is up to you to ensure you retain or procure a back-up of any content on a Life Story Profile.

  1. Some of the features we offer on Afterbook (including the creation of a hard copy of a Life Story Profile) may be paid-for features. If they are we will make this very clear so you know if there is a cost attached to your use, how much it is and when and how you will need to pay it.
  2. In order to ensure that Afterbook remains a safe and viable service, you must only use Afterbook as intended by us. For this reason, you agree not to access (or attempt to access) any part of Afterbook by any means other than through the interface provided by us. You specifically agree not to access (or attempt to access) any part of Afterbook through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) (save to the extent permitted by governing law) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part of Afterbook without prior written consent from us; (c) interfere or attempt to interfere with the proper working of Afterbook or any activities conducted via Afterbook; (d) bypass any measures we may use to prevent or restrict access to Afterbook; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code in Afterbook. You agree that you will not engage in any activity that interferes with or disrupts Afterbook or the servers and networks that are connected to Afterbook.

  1. UPLOADING CONTENT TO AFTERBOOK  

  1. In order to set up your User Account, to create a Life Story Profile and/or to add your own memories to someone else’s Life Story Profile, you will need to add content on to Afterbook. Any content (whether text, images, media files or content in any other format) uploaded on to Afterbook is User Content

  1. Afterbook is intended to create a space for people to come together to celebrate a life through memories, stories and images. Please keep this in mind when you are uploading any User Content and ensure that any User Content added by you is respectful to the Life Story Subject, the Curator and other Visitors (including people you think are likely to be invited to access the Life Story Profile – such as family members and friends of the Life Story Subject). If you are creating a Life Story Profile about another living person, you are not permitted to upload any content which is or is likely to be confidential to or about that person, nor any content that may be deemed to be of a sensitive nature – such as medical or health information, information about their criminal records or offence history, philosophical or political affiliations or beliefs, sexual orientation or any other information of a similar nature.

  1. In particular, you may not upload, store or transmit via Afterbook:any User Content that threatens, bullies or humiliates any other person; that is harmful, abusive, vulgar, harassing, defamatory, inflammatory, libellous, tortious, hateful or racially, ethnically or otherwise objectionable or invasive of another’s rights, including rights of celebrity, privacy and intellectual property; that is obscene or pornographic or would be deemed inappropriate for anyone aged 18 or under; that contains malware, viruses, spyware, adware, worms, Trojans or other malicious software; that is illegal or violates any export controls; that is fraudulent or deceptive or misleading; that depicts violence against people or property; that promotes or depicts racism, bigotry or hatred toward any individual or group; that is disrespectful or damaging to the Life Story Subject, their legacy and/or the friends and family members of any Life Story Subject; any requests for payment information on landing pages or lead capture; and/or any material sent from an anonymous, false or unmonitored address.

  1. If you do upload, transfer or store any User Content on to Afterbook, the following provisions automatically apply in respect of that User Content:

  1. 7.4.1.        as between you and us, you own any User Content you upload. However we will need a licence to use that content to enable us to provide you with our services. Accordingly, you hereby grant us (and our employees, agents and sub-contractors) a world-wide, royalty-free, non-exclusive, sub-licensable and transferable licence to use the User Content for the purposes of providing our services (Afterbook Licence);

  1. 7.4.2.        you hereby grant a licence to other Users who are invited to access the relevant Life Story Profile to access and make copies of your User Content and (if you are not the Curator) to the Curator to share such content with other Users and delete such content at their discretion (User Licence);

  1. 7.4.3.         you acknowledge and agree that we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Afterbook constitutes a violation of legal rights, including their intellectual property rights, and/or their right to privacy and/or rights as Data Subjects;

  1. 7.4.4.        you acknowledge and agree that you are solely responsible for securing and backing up your User Content;

  1. 7.4.5.         you represent and warrant that:

  1. you have the rights, power and authority necessary to grant the Afterbook Licence and User Licence above;

  1. you have the lawful right to upload, reproduce, distribute and store the User Content uploaded by you;

  1. the uploading, reproduction and/or distribution of the User Content in accordance with these Terms will not breach any obligations of confidentiality to any other third party;

  1. the uploading, reproduction and/or distribution of your User Content will not constitute or encourage a criminal offence or violate the rights of any party or otherwise create liability or violate any relevant local, national or international law; 

  1. your User Content complies with the restrictions set out in clauses 7.2 and 7.3 above; and

  1. you acknowledge and agree that you will be liable to us and indemnify us and hold us harmless on demand and without limitation for damages, expenses or losses suffered or incurred by us as a result of any breach of the warranties set out in this clause 7.4. This means you will be responsible for any loss or damage we suffer as a result of your breach of the promises set out above.

  1. While we do not routinely monitor the content on Afterbook, you acknowledge and agree that we have the right to remove any User Content (and any Life Story Profile) on Afterbook if, in our opinion, it does not comply with the content standards set out in this clause 7. We reserve the right to remove any content, without notice and at our sole discretion, if we determine that it is not in compliance with these Terms or is notified to us as objectionable by a third party, and to provide your IP address and other identifying information to law enforcement authorities, where appropriate, and take any and all other legal action at our disposal if we believe you have breached these Terms.

  1. Notwithstanding any other provision herein, we may retain and use at our discretion for our own business purposes, statistical data collected from or in connection with your use of Afterbook, provided that it does not contain any Personal Data (nor identify any Life Story Subject).

  1. USER-GENERATED AND THIRD PARTY CONTENT  

  1. The purpose of Afterbook is to allow Users to come together to remember a loved one. This means that it may include information and materials uploaded by other Users including links to bulletin boards, chat rooms and social media sites. This information and these materials have not been verified or approved by us. The views expressed by other Users on Afterbook do not represent our views or values.

  1. In order to enable us to provide access to Afterbook free of charge, we may also display third party content on Afterbook and/or include third party content (including advertising goods, services, courses or websites) in messages or newsletters which we send to our users (any such content, Third Party Content). While we may provide a platform for the display and/or communication of such Third Party Content, we do not undertake any vetting or authentication process in respect of that content. As such, to the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, special, incidental loss or damage which may arise in respect of your use of or reliance upon any Third Party Content.

  1. We make no representations, warranties or guarantees, whether express or implied, that the content on Afterbook is accurate, complete or up to date. Nor can we accept responsibility to you and/or anyone else, for any third party content uploaded on to or made accessible via Afterbook. As such, you acknowledge and agree that:

  1. we have no duty to moderate any content accessible via Afterbookand that you are solely responsible for any content which you (or any third party) upload, transmit and/or store using Afterbook;

  1. any use by you of or reliance upon any content accessible via Afterbookis at your sole risk. We do not endorse any promotions, products, services or campaigns which may be published or sent via Afterbook nor do we endorse or make any representations or guarantees in respect of any research, adverts or other materials; 

  1. we do not endorse any Third Party Content, nor do we moderate any Third Party Content. Any use of or reliance upon such Third Party Content is at your sole risk. You expressly understand and agree that we do not make any express or implied representations or warranties to you in relation to any such Third Party Content, including fitness for purpose, infringement or merchantability, nor do we endorse or make any representations or guarantees in respect of any research, adverts or other material;

  1. where Afterbook contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

  1. If you wish to complain about information and materials uploaded to Afterbook, please contact us on [email protected].

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

  1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  2. You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with your use of Afterbook or our services; that we cannot adequately insure our potential liability to you; and that, accordingly, the exclusions and limitations contained in this clause 9 are reasonable. You also undertake at all times to mitigate any such damage or loss.

  1. You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and all other professional costs and expenses (calculated on a full indemnity basis) suffered or incurred by us, arising out of any third party claims against us which arise in connection with a breach of these Terms by you.

  1. Unless it has been agreed with us in advance and in writing, you are not permitted to (and agree not to) use Afterbook for any commercial or business purposes. Accordingly you acknowledge and agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  2. Subject to clause 9.1 above, our aggregate liability to you in respect of any loss or damage suffered by you and arising out of or in connection with the use of Afterbook by you or any third party shall not exceed the greater of (i) the sum of £1; or (ii) the amount paid by you to us over the period of 6 months preceding the date of the claim, for any paid for services we have provided to you in connection with Afterbook. You acknowledge that since Afterbook and any materials on Afterbook are provided free of charge, this is limitation is reasonable.

  1. We do not guarantee that Afterbook will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Afterbook. You should use your own virus protection software.

  1. We do not guarantee that Afterbook, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  2. HOW WE MAY USE YOUR PERSONAL INFORMATION  

  1. In this clause 10, the following words will have the following meanings:

Controller means the person or entity who decides what Personal Data to collect and how it should be used.

Data Protection Legislation means the General Data Protection Regulation (GDPR) to the extent applicable and the Data Protection Act 2018.

Data Subject means the individual who can be identified from any Personal Data.

Personal Data means data which can be used to identify a living person.

Processor means the person or entity who accesses, uses, stores or manages Personal Data on behalf of someone else.

  1. In order to use Afterbook, you will need to provide us with some Personal Data. This is likely to fall into 2 groups:

User Data: that is Personal Data which a User provides us with about themselves when they set up a User Account to use Afterbook.

Life Story Subject Data: that is Personal Data which a User upload on to Afterbook about the Life Story Subject. This might be additional information about yourself (if you are the Life Story Subject) or information about another living person (if you are not the Life Story Subject). In some instances, the Life Story Subject will have deceased. While we recognise the extreme importance that such information is treated sensitively and with respect, Data Protection Legislation only applies to data about living individuals. As such, data about individuals who have deceased is not included in this definition.

User Data

10.3 We use User Data for our own business purposes and to facilitate our services (including by entering into this Agreement with you). This means that we are using that data as a Controller. We agree to comply with the applicable Data Protection Legislation in respect of our handling of User Data. Details as to how we will use User Data are set out in our privacy notice, which can be accessed https://afterbook.com/privacy-policy

Life Story Subject Data

10.4 As part of our service it is likely that we will hold Life Story Subject Data (uploaded to Life Story Profiles). Save for setting out restrictions on the type of content that can be uploaded when you use Afterbook, we do not make decisions about who Life Story Profiles will be created for, what details will be provided about the Life Story Subject, nor third parties with whom a Life Story Profile may be shared. To the extent that Life Story Profiles include data about individuals who are alive, we hold such data as a Processor on behalf of the relevant Curator. We will only use such data in accordance with the terms of processing set out in clause 10.6 below.

10.5 You agree to comply with your obligations under applicable Data Protection Legislation in respect of your handling of any Personal Data which you transfer to us, upload on to Afterbook or share with anyone else via Afterbook. In particular (but without limiting the generality of the above) you warrant and represent to us that you will not create a Life Story Profile or add any content to Afterbook about any living individual without their express, unambiguous and informed consent to do so. If you have any doubt about whether you have obtained such consent, you must not create the Life Story Profile nor add the content in question. You agree to indemnify us and hold us harmless on demand in respect of any damages, losses, expenses or penalties suffered by us as a result of a breach of this clause 10.5 by you.

Terms of Processing

  1. In respect of our processing of Life Story Subject Data, we agree to comply with the following terms:
  2. process the Life Story Subject Data only in accordance with your written instructions (which shall mean for the purpose set out in these Terms) unless we are  otherwise required by any applicable laws of any member of the European Union or the UK (Applicable Laws). Where we are relying on any Applicable Laws as the basis for processing Life Story Subject Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
  3. ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Life Story Subject Data and against accidental loss or destruction of, or damage to, Life Story Subject Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Life Story Subject Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Life Story Subject Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
  4. ensure that all our personnel who have access to and/or process Life Story Subject Data are obliged to keep the Life Story Subject Data confidential;
  5. not transfer any Life Story Subject Data outside of the European Economic Area (and the UK – if such data concerns a Data subject based in the UK) unless your prior written consent has been obtained (or we have been so instructed by you);
  6. assist you, at your cost, in responding to any request from a Data Subject in respect of any Life Story Subject Data and in ensuring compliance with your obligations under the applicable Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
  7. notify you without undue delay on becoming aware of a breach of the Life Story Subject Data;
  8. delete or return the Life Story Subject Data to you on termination of this Agreement unless required by Applicable Law to store the Personal Data; and
  9. maintain complete and accurate records and information to demonstrate our compliance with this clause and allow for audits by you or your designated auditor in respect of the processing of the Life Story Subject Data by us or our sub-processors (upon receiving reasonable notice from you).
Any reference in this clause 10.6 or clause 10.7 below to ‘you’ shall be a reference only to the Curator who set up the relevant Life Story Profile. 

10.7. In relation to our processing of any Life Story Subject Data, you consent to us appointing a third party hosting service (and such other sub-processors as may be required) for the purposes of providing Afterbook. We confirm that we have entered or (as the case may be) will enter with the third-party Processor into a written agreement on terms substantially similar to these terms of processing. As between you and us, we shall remain fully liable for all acts or omissions of any third-party Processor appointed by it pursuant to this clause. 

  1. OUR INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge that:

  1. we own or licence all legal rights, title and interest in and to Afterbook including (a) any intellectual property rights which subsist therein; any intellectual property rights in the source code of Afterbook; and the trademark, ‘AFTERBOOK’, along with any associated get-up and logos – altogether, the Afterbook IP; and 

  1. all Afterbook IP belongs to and shall remain vested in us (or where relevant our licensors) and that nothing in these Terms shall confer on you any right, title or interest in any intellectual property rights (except the rights of use set out in these Terms).

  1. You agree not to use any of the trademarks, trade names, service marks, copyrights, logos, domain names, and/or other distinctive brand features displayed in Afterbook belonging to us or any third party unless you have valid written permission to do so. You agree not to alter, remove or obscure any proprietary notices (including copyright and trademark notices) which may appear in or be held within Afterbook. 

  1. In the event that your use of Afterbook if used in accordance with these Terms, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify Afterbook so that it is no longer infringing or obtain for you the right to continue using Afterbook. This therefore constitutes your sole remedy in relation to any claim of infringement in respect of Afterbook.

  1. TERMINATION

  1. We may at any time terminate this Agreement (and your access to your User Account) with immediate effect and with you with no liability to you, at our sole discretion, if:

  1. you materially breach any provision of these Terms (or act in a manner which we believe shows that you do not intend to, or are unable to comply with these Terms); 

  1. we have received a complaint or complaints from anyone in respect of your actions and/or use of Afterbook which we believe is or could be damaging to us or anyone else; or

  1. we cease to provide Afterbook and/or do business.

  1. You may terminate this Agreement and delete your User Account (along with all User Content held on your User Account) at any time.

  1. On termination of this Agreement, the following clauses shall apply:

  1. the licence granted under clause 6.1 shall immediately terminate;

  1. if we have terminated these Terms other than for a reason set out in clause 12.1.1 or 12.1.2 we will refund you for any services paid for by you but not received owing to the termination;

  1. subject to our obligations under clause 10, we reserve the right to promptly delete any content you have uploaded to Afterbook (it is your responsibility to make sure you have and maintain a back-up of any such documents and/or content); and

  1. all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and in particular the provisions of clauses  7 – 15 (inclusive) shall survive termination of these Terms. 

  1. WE MAY MAKE CHANGES TO AFTERBOOK  

  1. We may update and change Afterbook from time to time to reflect changes to our services, our business and our users’ needs.

  1. We do not guarantee that Afterbook, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Afterbook for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Any such notice will be posted on Afterbook.

  1. GENERAL PROVISIONS

  1. You shall not assign, transfer or sub-license any of your rights or obligations under these Terms, other than as expressly provided for in these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.

  1. Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights, nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.

  1. We shall not be liable to you in the event that we are unable to perform any of our obligations under these Terms owing to circumstances beyond our reasonable control, including acts of god, governmental actions, an outbreak of hostilities (whether war is declared or not), or in the event of a national emergency or terrorist intervention.

  1. If any part of any provisions of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provisions and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.

  1. These Terms represents the entire agreement between you and us in relation to the subject matter of these Terms and neither you nor us has relied upon any statement or representation made by the other in agreeing to enter these Terms. 

  1. JURISDICTION

  1. These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Northern Irish law. We both agree to the exclusive jurisdiction of the courts of Northern Ireland.