Terms and Conditions of Use

1.Introduction

  • 1.1 These terms and conditions shall govern your use of our website.
  • 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
  • 1.3 If you register with our website, we will ask you to expressly agree to these terms and conditions.
  • 1.4 You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
  • 1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
  • 2.1 Copyright © 2016 BrightFly Media.
  • 2.2 Subject to the express provisions of these terms and conditions:
    • (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
    • (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.Licence to use website

  • 3.1 You may:
    • (a) view pages from our website in a web browser;
    • (b) download pages from our website for caching in a web browser;
    • (c) print pages from our website;
    • (d) stream audio and video files from our website; and
    • (e) use our website services (including creating a profile, liking products and boards and the creation and sharing of boards) by means of a web browser,
    • subject to the other provisions of these terms and conditions.
  • 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
  • 3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
  • 3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
  • 3.5 Unless you own or control the relevant rights in the material, you must not:
    • (a) republish material from our website (including republication on another website);
    • (b) sell, rent or sub-license material from our website;
    • (c) show any material from our website in public;
    • (d) exploit material from our website for a commercial purpose; or
    • (e) redistribute material from our website.
  • 3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
  • 3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.Acceptable use

  • 4.1 You must not:
    • (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
    • (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
    • (e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
    • (f) violate the directives set out in the robots.txt file for our website; or
    • (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  • 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
  • 4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.Affiliate links

  • 5.1 Our website includes links to third party merchant websites supplying goods and/or services.
  • 5.2 BrightFly Media is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk.
  • 5.3 We may earn affiliate fees from a merchant if you click on that merchant's link on our website and subsequently make a purchase on the merchant's website.
  • 5.4 You acknowledge that:
    • (a) we do not vet third party merchants;
    • (b) we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants; the security of third party merchant websites; or the accuracy of the information published on third party merchant websites;
    • (c) we are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant; and
    • (d) our website contains information supplied by third party merchants, and we do not check, audit or monitor the accuracy of that information,
    • and accordingly we will not be liable to you in relation to any loss or damage arising out of any use of a third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract with a third party merchant.
  • 5.5 We are not responsible for the enforcement of any obligations arising out of a contract between you and any third party, and we will have no obligation to mediate between the parties to any such contract.
  • 5.6 The provisions of this Section 5 are subject to Section 15.1.

6.Registration and accounts

  • 6.1 To be eligible for an account on our website under this Section 6, you must be at least 13 years of age.
  • 6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
  • 6.3 You must not allow any other person to use your account to access the website.
  • 6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
  • 6.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.User login details

  • 7.1 If you register for an account with our website, you will be asked to choose a display name and password.
  • 7.2 Your display name must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or display name for or in connection with the impersonation of any person.
  • 7.3 You must keep your password confidential.
  • 7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
  • 7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.Cancellation and suspension of account

  • 8.1 We may:
    • (a) suspend your account;
    • (b) cancel your account; and/or
    • (c) edit your account details,
  • at any time in our sole discretion without notice or explanation.
  • 8.2 You may cancel your account on our website by contacting us using the contact us form here.

9.Social networking

  • 9.1 Registered users will have access to such additional features on our website as we may from time to time determine, which may include:
    • (a) facilities to complete a detailed personal profile on the website and to publish that profile on the website;
    • (b) facilities to like both products and boards on the website;
    • (c) facilities to create boards which can be kept private or shared publicly; and
    • (d) the facility to post and publish text and media on the website by way of a personal profile image and description, board names and board descriptions.
  • 9.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 15.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
  • 9.3 You agree to the publication of posts relating to you, by others, on our website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 15.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

10.Personal profiles

  • 10.1 All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
  • 10.2 You must keep your personal profile on our website up to date.
  • 10.3 Personal profile information must also comply with the provisions of Section 4 and Section 12.

11.Your content: licence

  • 11.1In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
  • 11.2You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
  • 11.3You grant to us the right to sub-license the rights licensed under Section 11.2.
  • 11.4You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.
  • 11.5You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
  • 11.6You may edit your content to the extent permitted using the editing functionality made available on our website.
  • 11.7Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

12.Your content: rules

  • 12.1You warrant and represent that your content will comply with these terms and conditions.
  • 12.2Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  • 12.3Your content, and the use of your content by us in accordance with these terms and conditions, must not:
    • (a)be libellous or maliciously false;
    • (b)be obscene or indecent;
    • (c)infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    • (d)infringe any right of confidence, right of privacy or right under data protection legislation;
    • (e)constitute negligent advice or contain any negligent statement;
    • (f)constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    • (g)be in contempt of any court, or in breach of any court order;
    • (h)be in breach of racial or religious hatred or discrimination legislation;
    • (i)be blasphemous;
    • (j)be in breach of official secrets legislation;
    • (k)be in breach of any contractual obligation owed to any person;
    • (l)depict violence in an explicit, graphic or gratuitous manner;
    • (m)be pornographic, lewd, suggestive or sexually explicit;
    • (n)be untrue, false, inaccurate or misleading;
    • (o)consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    • (p)constitute spam;
    • (q)be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
    • (r)cause annoyance, inconvenience or needless anxiety to any person.
  • 12.4Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
  • 12.5You must not use our website to promote or link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
  • 12.6You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

13.Report abuse

  • 13.1If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
  • 13.2You can let us know about any such material or activity by using our abuse reporting form, found here.

14.Limited warranties

  • 14.1We do not warrant or represent:
    • (a)the completeness or accuracy of the information published on our website;
    • (b)that the material on the website is up to date; or
    • (c)that the website or any service on the website will remain available.
  • 14.2We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
  • 14.3To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

15.Limitations and exclusions of liability

  • 15.1Nothing in these terms and conditions will:
    • (a)limit or exclude any liability for death or personal injury resulting from negligence;
    • (b)limit or exclude any liability for fraud or fraudulent misrepresentation;
    • (c)limit any liabilities in any way that is not permitted under applicable law; or
    • (d)exclude any liabilities that may not be excluded under applicable law.
  • 15.2The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
    • (a)are subject to Section 15.1; and
    • (b)govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
  • 15.3To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
  • 15.4We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  • 15.5We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  • 15.6We will not be liable to you in respect of any loss or corruption of any data, database or software.
  • 15.7We will not be liable to you in respect of any special, indirect or consequential loss or damage.

16.Indemnity

  • 16.1You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

17.Breaches of these terms and conditions

  • 17.1Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
    • (a)send you one or more formal warnings;
    • (b)temporarily suspend your access to our website;
    • (c)permanently prohibit you from accessing our website;
    • (d)block computers using your IP address from accessing our website;
    • (e)contact any or all of your internet service providers and request that they block your access to our website;
    • (f)commence legal action against you, whether for breach of contract or otherwise; and/or
    • (g)suspend or delete your account on our website.
  • 17.2Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

18.Third party websites

  • 18.1Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
  • 18.2We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

19.Trade marks

  • 19.1Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights..
  • 19.2The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

20.Competitions

  • 20.1From time to time we may run competitions, free prize draws and/or other promotions on our website.
  • 20.2Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

21.Variation

  • 21.1We may revise these terms and conditions from time to time.
  • 21.2The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

22.Assignment

  • 22.1You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
  • 22.2You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23.Severability

  • 23.1If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
  • 23.2If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24.Third party rights

  • 24.1A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
  • 24.2The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

25.Entire agreement

  • 25.1Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

26.Law and jurisdiction

  • 26.1These terms and conditions shall be governed by and construed in accordance with English law.
  • 26.2Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

27.Statutory and regulatory disclosures

  • 27.1We subscribe to the Data Protection Act 1998, which can be consulted electronically at https://www.gov.uk/data-protection/the-data-protection-act

28.Our details

  • 28.1This website is owned and operated by BrightFly Media, a partnership business run by Ms Efua Akumanyi and Mr Jason Lipton.
  • 28.2You can contact us:
    • (a)using our website contact form here; or
    • (b)by telephone, on the contact number published on our website from time to time here.