terms and conditions.

OUR TERMS AND CONDITIONS

These terms and conditions set out the basis upon which you can visit our website and regulates how you can use our Site.

By using our website, and when you use our Service, you accept that you have read and understood and agree to comply with these terms and conditions, which include our privacy & cookie notice. 

If you disagree with any part of these terms and conditions, please do not use our website and the Services it offers. 


AGREEMENT 

When you visit the Site or when you use our Service, the following Terms will apply and will, together, form the agreement between you and us. 

They have 3 parts:

  • Definitions

  • General Terms

  • Privacy & Cookie Notice

DEFINITIONS  

The following words have the following meanings in all parts of these Terms, unless the context indicates otherwise:

We, Us, Our

FIREBELLY MEDIA LTD, Company Number: 11193398. Registered Office: 20-22 Wenlock Road London N1 7GU.

Site, Website means www.firebellymedia.co.uk

You, Your means a visitor to the Site.

Account means the Account you create with us when you register as a User with the Site.

Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.

IP means Intellectual Property and all the rights associated with the use of that Intellectual Property.

Term means the period during which we provide our Service to you.

Terms means the terms and conditions contained herein.

GENERAL TERMS

These Terms apply to anyone visiting the Site, whether you use our Services or not.

1. YOU PROMISE US

You agree that:

  • You are over the age of 18 years.

  • You will have only one Account with us.

  • You will not pretend to be someone else when you use the Site.

  • If you link to another site through us, you will read their terms and conditions.

  • You will not use robots, spiders, scrapers or similar things on the Site.

  • You will not try to get around any things we put on the Site to stop or limit access to parts of it.

  • You will not do anything that might cause our systems to crash.

  • You will not steal the Site or any part of it for use in any other Site or application.

  • You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.

  • You will not use our trademarks and/or designs and/or layout before asking us.

2. INTELLECTUAL PROPERTY

2.1 We and our business partners own all of the IP on the Site. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.

2.2 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel is appropriate. 

3. DISCLAIMERS

3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.

3.2 We are not able to guarantee that the Site will work with your device or will be secure.
3.3 Whilst we take reasonable precautions to ensure the accuracy of the information we publish on the Site, we cannot guarantee its accuracy. We can never guarantee that any information we may provide is up to date. You agree that, if any information we provide is important to you, you will verify it independently.

3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.

3.5 If using our Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.

3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

4. POSTS

4.1 When using any forums, feedback, review or other spaces we may put up on the Site, you agree to abide by the following rules:

  • You must not use obscene or vulgar language.

  • You must not publish pornographic material on the Site.

  • Nothing you submit can be unlawful or otherwise objectionable.

  • You must not publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.

  • Nothing you submit may be designed to promote violence.

  • All of your posts must be in English.

  • You must not post links to other sites which may break these rules.

  • You must not impersonate anyone else.

  • You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.


4.2 We have the absolute right to moderate all Posts on the Site and to remove any Post which we do not want.

4.3 When you submit a Post you are warranting that you are the author of that Post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone. 

4.4 Any Post you make to the Site will be considered non-confidential and non-proprietary. 

4.5 We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

4.6 When viewing Posts you accept that we are not the author and that any views expressed may not be our views.

4.7 If you see a Post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.

4.8 All passwords are stored encrypted in transit and at rest and cannot be deciphered once committed. It is your responsibility to keep your password secure and to remember it.

4.9 You agree that we may access, preserve and disclose your Account information and Posts if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Post violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety or those of any other person.


5. AVAILABILITY OF THE SITE

5.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.

5.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.


6. LIMITATION OF LIABILITY

6.1 As far as we are allowed by law we deny liability for any losses of any kind which you incur from visiting the Site or using the Services. You use the Site at your own risk.

6.2 We will not be liable to any visitor for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if this is foreseeable, arising under or in connection with: (a) use of, or inability to use, the Site; or (b) use of or reliance on any Content displayed on the Site. 

6.3 If you are a business Visitor, please note that, in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

6.4 If you are a consumer Visitor, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business reason.    

6.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any Content on it, or on any website linked to it.

6.6 We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

6.7 Nothing in these Terms excludes or restricts our liability for death or personal injury, resulting from any negligence, or fraud, on our part.


7. LINKS TO OTHER WEBSITES

7.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.

7.2 We are not responsible for evaluating other sites with which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all the sites we link to.

7.3 A link to another site does not mean that we endorse or recommend that site.

7.4 We can never guarantee that a link we offer will work or will be free from viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.


8. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

8.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control. 

8.2 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or another natural disaster, or any other event that is beyond our reasonable control.

8.3 If this happens:

We will tell you as soon as we reasonably can;

We will do all that we reasonably can to minimise the delay.

9. TRANSFERRING RIGHTS AND OBLIGATIONS

9.1 We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.

9.2 You may not transfer (assign) your rights and obligations under these Terms.


10. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE

10.1 These Terms will change from time to time and we do not have the resources to let all our Visitors know about the changes. 

10.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.

10.3 We may change the Site as often as we choose and these Terms will still apply to any changes we make.

11. ADDITIONAL TERMS

11.1 Operative Law – This Agreement under which these Terms operate is made under the laws of England and Wales, which is the only jurisdiction that can govern it.

11.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.

11.3 Effect of Agreement – These Terms supersede all previous terms and represent the entire understanding between you and us.

11.4 Time of the Essence – Time will not be of the essence in any part of these Terms. 

11.5 Unenforceability – If a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.

11.6 Notices – If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.

11.7 Entire Agreement – These Terms contain the entire understanding between us.