Terms of Use

Terms & Conditions of Use of the Flimwell Website.

Definitions

“Communication facility” refers to any bulletin boards, chat rooms or other messaging or communication facilities (if any) that may from time to time be contained within this Website.

“Intellectual property rights” refers to any patents, copyright, database rights, design rights, moral rights, registered designs, trade marks or service marks, trade names, or know-how (whether registered or not and including any applications or rights to apply for registration) and all rights or forms of protection of a similar nature subsisting anywhere in the world.

“Licence agreement” refers to any end user licence agreement, which may accompany the software

“Software” refers to any software that may be made available to download from the Website

“Terms” refers to these Terms and Conditions as amended from time to time.

“We” (and related expressions such as “us” and “our”) refers to Domain Support Limited, 82 High Street, Tenterden, Kent TN30 6JG, registered company number 05378889 and “you”(and related expressions like “your”) refers to you, the end user of this Website.

“Website” refers to flimwell.townsandvillages.co.uk and to all Web pages (including without limitation all components developed and produced for the Website, up-dates, format, art direction, “look and feel” and other content) from time to time situated at that Web address.

Terms of Use

Please read this carefully as it affects your legal rights and sets out the Terms on which we allow you to use this Website and the information contained within it. The Website is offered to you conditional on your agreement to abide by these Terms and your continued use of the Website signifies agreement with these Terms in their entirety and without modification.

Access to and use of this Website is provided by Domain Support Limited subject to the following Terms:

1. By using the Website you agree to be legally bound by these Terms, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all of the following Terms please do not access and/or use flimwell.townsandvillages.co.uk

2. We, or our suppliers [or business partners], may change these Terms at any time by posting changes online. Please review these Terms regularly to ensure you are aware of any changes made by us. Your continued use of the Website after changes are posted means you agree to be legally bound by these Terms as updated an/or amended.

Use of Flimwell Website

3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use flimwell.townsandvillages.co.uk content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any flimwell.townsandvillages.co.uk content except for your own personal, non-commercial use. Any other use of flimwell.townsandvillages.co.uk content requires the prior written permission of Domain Support Limited.

4. You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use or enjoyment of the Website. Prohibited behaviour includes but is not limited to harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website.

5. The Website may contain hyperlinks to sites operated by companies or organisations other than us.

6. You may not frame the Website or any part of it without our express written permission. Linking to the Website is positively encouraged but you should advise us, using the “contact us” facility when you link to the Website or any part of it.

7. You may use the “message board” and “town diary” sections, or any other communication facility provided on the Website only to send messages and materials that are appropriate and related to the particular communication facility. In particular, without limitation you agree to use the communications facilities in accordance with the following rules:

• Contributions must be civil and tasteful.
• No disruptive, offensive or abusive behaviour. Contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
• No unlawful or objectionable content. Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive or otherwise objectionable is not acceptable.
• Be patient and be aware that users of all ages and abilities may be taking part in, or making use of the communications facilities.
• No spamming or off-topic material. We do not allow the submission of the same or very similar contributions many times. Please do not re-submit your contribution, or contribute off-topic material in any subject specific areas.
• No advertising, without our prior express written permission.
• Contributions containing languages other than English may be removed at our discretion.
• No impersonation.
• Be aware that the submission of any specific URLs (website addresses) may be removed from communication facilities at our discretion.
• For your own safety we advise you never to reveal personal information about yourself or anyone else (for example: telephone number, home address or email address), and please do not include postal addresses of any kind. If you have a helpful address to share, please advise us when submitting any contribution, and we may agree to promote it if we see fit.
• You must not upload files that contain software or other material protected by intellectual property laws (or by rights of confidentiality or privacy) unless you own or control the rights in question or have received all necessary consents in writing.
• You must not upload files that contain viruses, corrupted files, or any other similar software or programmes that may damage the operation of our or another’s computer.
• You must not delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• You must not falsify the origin or source of software or other material contained in a file that is uploaded.

We shall be entitled at any time to delete, remove or suspend the whole or any part of any communication facility or any information posted upon them without incurring any liability. Furthermore, you may not alter or delete any copyright or proprietary notice that the Website may contain.

If you are under sixteen please get a parent’s or guardian’s permission before making use of any communication facility provided by the Website. You should also never reveal any personal information about yourself (for example: telephone number, home address or email address). 

If you breach these rules:
If you fail to abide by the rules for the use of communication facilities, you will be sent an email, which informs you why your contribution has been failed or edited. This email will also include a warning that continuing to break the rules may result in action being taken against you. This action may include a temporary or permanent suspension of your ability to participate in or use any or all of the communication facilities provided by the Website.

If you attempt to post or send offensive or inappropriate content anywhere on or to the Website and its communication facilities or otherwise engage in any disruptive behaviour, and we consider such behaviour to be serious and /or repeated we may use whatever information that is available to us about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement or infringements.

We reserve the right to delete any contribution, at any time for any reason.

8. Intellectual Property
The names, images and logos identifying the Website or Domain Support Limited, or third parties and their products and services are subject to copyright, design rights and trade marks of Domain Support Limited and/or third parties. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, design right or copyright of Domain Support Limited, or any other third party.

9. Limitation of Liability and Disclaimers
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THIS CLAUSE 9.

a. The Website content, including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services), is provided “as is” and on an “is available” basis without any representations or any kind of warranty made (whether expressed or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
b. We do our best to ensure that the information on the Website is accurate and helpful at all times. However, we cannot guarantee the accuracy of that information and cannot be held liable for any use of such information by you or your reliance on it except as specifically agreed with us in writing.
c. Any link (be it a hypertext link or other referral device) used on the Website is provided solely for your use and convenience. Such links do not represent an endorsement or recommendation by us and do not mean that we have any association with the linked website. We are not therefore responsible for the content of any websites that have links with the Website or for the consequences of your entering into any contract or contracts with their owners and do not accept any liability for any loss, damage, expense, costs or liability incurred by you as a result.
d. Advertising and/or sponsorship may be included on the Website. Such advertisements and/or sponsorship on the Websites does not represent an endorsement or recommendation by us. We are not responsible for any error or inaccuracy in advertising or sponsorship material.
e. We will not be liable for any loss, damage, expense, costs, delays or other liability (including without limitation any financial losses, such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation and failure of transmission, communication, computer or other facilities or your inability to access the website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
f. Content of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision. 
g. We use commercially reasonable efforts to check for the most commonly known viruses, but we do not confirm that the Website, any emails or attachments are virus free and we cannot accept any liability in this regard. We therefore highly recommend that you carry out your own virus checks.
h. Nothing within these terms operates so as to restrict our liability for death or personal injury arising from our negligence or that of our employees or sub-contractors, or if you are a consumer, affects your statutory rights.
i. If you use the Website in breach of these Terms you must reimburse us for any loss and/or damage caused to us by your misuse.

10. These Terms and our agreement with you under them shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of the English courts for the determination of any dispute between us.

11. The headings in these Terms shall not affect their interpretation.

12. If any Term shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such Term or part shall to that extent be deemed not to form part of our agreement with you but the validity and enforceability of the remainder of that agreement shall not be affected.

13. You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.

14. Data Protection
We take protection of any personal information you supply to us very seriously. We will only use the information you provide about yourself in accordance with our Privacy Policy statement.

© 2006 - 2008 Domain Support Limited all rights reserved.