TERMS AND CONDITIONS


Relating to www.firewaterpartners.co.uk and all related web content.

Last updated: 30/07/2016


IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEBSITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the Terms that follow or do not agree to be bound by all such Terms, do not use this Website.


These Terms and Conditions apply to www.firewaterpartners.co.uk, which is brought to you by The Firewater Partnership Ltd., 41 Caddington Road, London, NW2 1RP (“T.F.P.” or “we”, “us”, or “our”). Your use of this Website (the 'Website') is subject to the following terms and conditions of use (the 'Terms'). You agree to these Terms by accessing this Website and/or by accepting any information from this Website. We reserve the right in our sole discretion to modify, alter or otherwise change these Terms and you agree to be bound by such modifications, alterations or changes. We will post changes here, so check back periodically. Your continued use of this Website after the posting of any change in the Terms shall constitute your acceptance to be bound by any such changes. Please also review the Website's Privacy Policy (see below).


If you do not accept these terms and conditions you may not make any further use of the Website.


Your Registration Obligations

Certain aspects of the Service may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant Registration Form (such information being the 'Registration Data') and (b) maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.

It is the responsibility of teachers, parents and guardians to determine whether any of the Services and/or content is appropriate for your child or pupil.


Content

This Website and all of the content it contains, or may in the future contain, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the 'Material') are owned by or licensed to T.F.P. or other third parties and are protected from unauthorised use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.

T.F.P. grants to you a personal, revocable, non-exclusive, non-transferable right to access and use the Website and one copy of selected materials that is made available to you (including without limitation games, video-clips, screensavers and wallpapers), for non-commercial use only, in accordance with these Terms and provided that you maintain all copyright and their Intellectual Property Rights proprietary notices contained in the Material. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. You agree not to use the Material for any unlawful purposes and not to violate T.F.P.'s rights or the rights of others. You are advised that T.F.P. will aggressively enforce its rights to the fullest extent of the law. T.F.P. may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.


Submissions Policy

T.F.P. does not accept unsolicited submissions or treatments for motion pictures, television programmes, websites or other products or services ('Submissions'). It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by or on behalf of T.F.P.'s staff might seem to others to be similar to their own creative ideas or materials. You must not make any such unsolicited Submissions to T.F.P. through this Website or otherwise.

In the event that you do post Submissions via this Website, you acknowledge that, with respect to any claim you may have relating to or arising out of T.F.P.'s actual or alleged exploitation or use of any Submissions, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the Submissions, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.


Restrictions on Use

It is forbidden to make any use of this Website which is intended to promote and/or generate any revenue for you, your business, any third party or the business of any third party.

You agree not to do any of the following while using the Website:

1. harass, stalk or otherwise abuse another user;

2. transmit, post, send, upload, distribute, submit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libellous, disparaging (including disparaging of T.F.P.), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by T.F.P. in its sole discretion);

3. transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

4. transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications materials or equipment or this Website or that interferes with any third party's uninterrupted use and enjoyment of the Website;

5. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Website or to T.F.P., including forging any TCP/IP packet header or any part of the header information in any transmission to the Website for any reason;

6. transmit, post, send, upload, distribute, submit or otherwise make available through the Website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;

7. violate any applicable local, national or international law, rule or regulation; or

8. collect, store and/or identify private or personal information of any user;


DISCLAIMER

THIS WEBSITE AND ALL MATERIAL AND INTELLECTUAL PROPERTY CONTAINED ON IT ARE DISTRIBUTED 'AS IS' 'AS AVAILABLE' 'WITH ALL FAULTS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION AND TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES.

T.F.P. and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this Website and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by T.F.P. and its parents, affiliates, subsidiaries, licensors and assigns. Views and opinions of users of this Website do not necessarily state or reflect those of T.F.P. and its parents, affiliates, subsidiaries, licensors and assigns. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available on this Website.

The internet may be subject to breaches of security. T.F.P. and its parents, affiliates, subsidiaries, licensors and assigns are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before emailing T.F.P. any information. T.F.P. and its parents, affiliates, subsidiaries, licensors and assigns make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this Website. This Website may be temporarily unavailable due to maintenance or malfunction of computer equipment.


EXCLUSION OF LIABLITY

YOU AGREE THAT T.F.P. AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE 'RELEASED PARTIES'), ARE NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM, OR IN CONNECTION WITH, THIS WEBSITE, THE USER FORUMS, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMMES.

NOTWITHSTANDING THE ABOVE, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE RELEASED PARTIES IN RESPECT OF DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF ANY RELEASED PARTY OR FOR FRAUDULENT MISREPRESENTATION.


INDEMNITY

BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD T.F.P. AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENCE, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES, ARISING OUT OF OR RELATING TO ANY BREACH BY YOU OF THESE TERMS OR USE OF THIS WEBSITE BY YOU, UNDER YOUR MEMBERSHIP OR VIA ANY HARDWARE OWNED OR CONTROLLED BY YOU. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN T.F.P.'S DEFENCE OF ANY CLAIM. T.F.P. RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF T.F.P.


Linking Policy

You may link to this Website from another web page only in accordance with the following rules: Links must be to the home page of this Website and in plain text, unless otherwise approved in writing by an authorised representative of T.F.P. Such link (in the opinion of T.F.P.) must not actually or potentially damage, dilute or tarnish the goodwill associated with T.F.P. or any of its business names, brands or intellectual property, or create the impression that your Website and/or organisation is sponsored, endorsed by, affiliated and/or associated with T.F.P. You may not 'frame' this Website or alter its intellectual property or Material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism,that is libellous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by T.F.P. in its sole discretion. T.F.P. reserves the right, in its sole discretion, to terminate a link with any Website for any reason and at any time.

T.F.P. is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform T.F.P. of any errors or inappropriate material found on Websites to which this Website is or may be linked.


Promotions

This Website may contain competitions and/or promotions that are governed by a separate set of rules. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter such competition or promotion. By entering any such competitions or promotions, you agree to comply with and abide by such rules and the decisions of any sponsor(s) identified therein, which shall be final and binding in all respects.

Information about you

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Website's practices governing your personal information are disclosed in its Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website. When you provide information to the Website, you agree to provide only true, accurate, current and complete information.


Registration

If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. T.F.P. reserves the right to terminate membership and/or deny access to the Website to any person in its sole discretion for any reason or no reason at all.


Location

T.F.P. operates this Website in the United Kingdom. Information contained on this Website may not be appropriate or available for use in other locations, and access to this Website from territories where the content of the Website may be illegal is prohibited. If you access this Website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws. These Terms shall be construed and enforced in accordance with the laws of England. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in England for any cause of action relating to or arising under these Terms or the Website.


Violations and Additional Policies

T.F.P. will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding. Any violation of these Terms may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorised officer of T.F.P. T.F.P. reserves the right to modify or discontinue this Website, or any portion thereof (including User Forums) without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by T.F.P., you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that T.F.P. will aggressively enforce its rights to the fullest extent of the law.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.


Contact Us

If you have any questions, comments or concerns about our Website or these Terms of Use, you may contact us at The Firewater Partnership, 41 Caddington Road, London NW2 1RP.




PRIVACY POLICIES


This policy sets out how we collect information about you (such as your name, address, email and telephone details) and how that information may be used. By providing us with personal information you are deemed to have accepted the terms of this policy. Please do not provide us with any personal information if you do not agree to the terms of this policy.


Data Collection & Use

We may collect information about you through various activities that you participate in. These may include:

· Registering to receive email

· Registering to join our mailing list

· Providing answers to surveys and questionnaires

In each case, your details will only be used for the express purposes of the activity. When appropriate, there may be an additional option to 'join an email newsletter' or 'mailing list'. Where these have been chosen by you, your name and details will be added to the appropriate service. We may also collect information about you in other ways, for example, if you enter a competition.  You can unregister at any time by contacting us at the address given above or via email.

The Firewater Partnership follows all current guidelines and laws regarding Data Protection and Privacy in the United Kingdom. If you have any complaint or concern about our use of data please inform us in writing by post or email. We take data very seriously and will do our best to respond appropriately to any concerns that you raise.


Web Statistics & Analysis

We may also aggregate information about you with information about other visitors to the website in order to identify trends in our business ('Aggregated Data'). We may pass Aggregated Data to third parties such as advertisers and business partners to give them a better understanding of our business. However, such information will not identify you personally.


Marketing Communications

Information that we collect about you may be used to send you information about our activities, our upcoming resources, or films or other useful information (for example, newsletters, details of competitions, special offers and information about events).  When you register with us we will also ask you if you would like to receive information about the products or services of our third party business partners that we think may be of interest to you. We will not send you this information without your consent.

Remember, if you do not want to receive any more information from us all you have to do is contact us at the address at the top of the policy at any time.


Third Parties

We will not usually pass your information onto any third parties without your consent. An exception to this is if we need third parties to carry out certain services for us. For example, if you win a competition we will pass your information onto a third party who will arrange delivery of your prize. We will make sure that such third parties keep your information secure and no longer than is necessary.


Security

We have taken steps to ensure that all personally identifiable information that we collect is secure, including limiting the number of people who can access this information and using electronic security systems. You can help by ensuring that you keep your passwords secret and properly log out of our websites if you have been using them.

Access to your personal information

You have the right to request a copy of the personal information that we hold about you and to have any errors corrected.  If you would like to make a request please write to us at the address above or send an email.


Changes to this Privacy Policy

From time to time we may make changes to this policy. We will post a notice of the changes together with the updated policy on the website.