Terms of Use and Privacy Policy

Terms of Use and Privacy Policy

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website: www.theflitlits.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.theflitlits.com is a site associated with The Flitwits Ltd. We are registered in England and Wales under company number 08123962

Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards .

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

Not to access without authority, interfere with, damage or disrupt: any part of our site;

any equipment or network on which our site is stored;

any software used in the provision of our site; or

any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

News submissions (including images / YouTube videos)

Event submissions (including images)

Theme submissions (including images)

Comments functionality .

Where we do provide any interactive service, we will provide clear information to you about the kind of services offered.

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Be accurate (where they state facts).

Be genuinely held (where they state opinions).

Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.

Contain any material which is obscene, offensive, hateful or inflammatory.

Promote sexually explicit material.

Promote violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any copyright, database right or trade mark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass, alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from us, if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

Privacy

The privacy of our users is important to us and we take care to safeguard it, we have legal obligations towards you in the way that we deal with data collected from you.

Keeping your Personal Data secure

We have implemented security policies and technical measures to safeguard the Personal Data we collect. We maintain physical, electronic and procedural safeguards that comply with applicable law, including the GDPR, to safeguard Personal Data from accidental loss, destruction or damage and unauthorised access, use and disclosure.

Retention periods for use of your Personal Data

We will use and store your Personal Data only for as long as necessary, bearing in mind the uses of your Personal Data as described in this privacy policy and otherwise as communicated to you. We review the Personal Data we hold at regular intervals and delete permanently or anonymise any Personal Data which is no longer necessary.

Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to have an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Company: The Flitwits Ltd
Email for Privacy Questions: media(Replace this parenthesis with the @ sign)theflitlits.com
Postal Address: 46 The Fairway, Cardiff CF23 6RE, UK

Our website collects two types of information:

1. Anonymous information: Our website host automatically collects certain information when you visit our Website – such as the type of browser and operating system you are using, and the domain name of your Internet service provider. We/they do not link this information with any Personal Data.

They may also collect data automatically through use of cookies on the Website. Please see WordPress.com’s cookie policy to find out about the types of cookies they set and why, and how you can adjust your settings to disable cookies.

2.We collect information on the number of people that visit our home page per week through Google Analytics, but we do not know their names, personal details or contact details – they are anonymous to us. Or, we may ask visitors to take a survey or vote in a poll on the website. A survey may ask you for demographic information such as your age, gender and postcode. This information is collected for research purposes, is used in the aggregate and the visitor remains anonymous to us.

3.information may also be used to inform you of additional products and services which may be of interest to you. You can choose not to receive such information when you provide your information on our website. It is your decision about how much information you want to give and receive.

We will also collect information from you if you opt in via other forms on out site or if you contact us with comments or specific requests. We automatically collect information about your visit, but, not your personal details, to our site through Google Analytics. This information is used to make your visit to our site more efficient, and to help us follow browsing preferences on our site so that we can make regular improvements.

4. You can unsubscribe easily and quickly at any time if you no longer wish to receive information from us.

Disclosure:

We do not pass your details to any third party.

There may be occasions where it will be necessary for www.theflitlits.com(The Flitwits Ltd) to disclose your personal information to third parties. The Flitlwits Ltd may be required by law to disclose the information, or The Flitwits Ltd may be required to disclose your personal information to third parties to provide the service you have requested. For example, if you purchase products online from or associated with www.theflitlits.com(The Flitwits Ltd), www.theflitlits.com(TheFlitwits Ltd) will need to disclose your personal information to third parties in order to bill and deliver your products. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information.

Under no circumstances will www.theflitlits.com(The Flitwits Ltd) sell your personal information.

Links

Throughout the website you will find hypertext links to other locations on the Internet in accordanve with GDPR guidelines. The links are used for information purposes only and any listing shall not be taken as endorsement of any kind.

We do our very best to ensure that these links are appropriate at the time of being placed. www.theflitlits.com(The Flitwits Ltd) does not necessarily agree with the views expressed within these linked websites and have no control over them.

www.theflitlits.com(The Flitwits Ltd) cannot guarantee the reliability of these links or whether or not they work at all time.

Changes to this Privacy Policy

We may make any necessary changes to our Privacy Policy that affects how we handle your data. You can check our Privacy Policy at this page at any time.

The material featured on www.theflitlits.com website is subject to Crown Copyright protection unless otherwise indicated. Anyone wishing to use any information found on this website must contact us at media(Replace this parenthesis with the @ sign)theflitlits.com. Permission to reproduce Crown copyright protected material does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.

Images

The term images covers all moving or still images, photographs and logos.

Images on the website are either the property of The Flitwits Ltd and/or the organisations themselves, or have been licensed from third parties. Images taken from third parties may not be reproduced in any format.

Should you wish to reproduce any images, including The Flitlits Logo you must contact us first for further guidance and authorisation. Please provide details of your organisation, which images you would like to use and how you intend to use them.

Terms & Conditions

By accessing this Website, you agree to be bound by these Terms and Conditions.

DEFINITIONS “User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires.

“Personal Data” shall have the same meaning as outlined in the GDPR guidelines and shall consist of any personal details provided by you via the Website.

”We/us/our” means The Flitwits Ltd

“Website” means the website located at www.theflitlits.com or any subsequent URL which may replace it.

“You/your” means you as a user of the Website.

ACCESS

We will provide you with access to the Website in accordance with these Terms and Conditions.

2. YOUR OBLIGATIONS

2.1 You:

2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;

2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

2.1.3 agree not to upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing nature, or that may cause annoyance, inconvenience or needless anxiety;

2.1.4 agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

2.1.5 agree not to use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

2.1.6 agree not to create and publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website.

2.1.7 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

3. INDEMNITY

You agree to be fully responsible for, and fully indemnify us against, all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms and Conditions or any other laws, regulations and rules by you or any agents (or representatives) acting on your behalf; or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including without limitation, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters. You agree that you will fully cooperate with us in any such defences.

4. OUR RIGHTS

4.1 We reserve the right to:

4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or,

4.1.2 change these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. Any such changes shall come into effect immediately once posted, therefore, it is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.

4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

5. THIRD PARTY LINKS

You acknowledge and agree that we are not responsible for the availability of external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

6.MONITORING

We may investigate any reported violation of these Terms and Conditions or other complaints, and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Website).

6.1 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, court proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Terms and Conditions or otherwise.

7.4 There are times when, by law, we must pass on the information you give us.

If this is the case, we will try to contact you to let you know that we are passing the information on to other organisations. We have to do this, with or without your permission. However, we will keep in contact with you to let you know what we are doing.

8. INTELLECTUAL PROPERTY & RIGHT TO USE

8.1 You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Website (including without limitation, text, images, web pages, sound, software (including code, interface and website structure), video, photographs and graphical images, and the look and feel, design and compilation thereof) shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us and except as provided in these Terms and Conditions, use of this Website does not grant you any right, title, interest or licence to any such intellectual property accessed on the Website. Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property is prohibited.

8.2 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

8.4 If you breach any of these Terms and Conditions, your permission to use this Website automatically terminates and you must immediately destroy any download or printed extracts from this Website.

9. CONTRIBUTIONS TO www.theflitlits.com(The Flitwits Ltd)

Where you are invited to submit any contribution to www.theflitlits.com(The Flitwits Ltd),

including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant www.theflitlits.com(The Flitwits Ltd) a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the www.theflitlits.com Privacy Policy. If you do not want to grant to www.theflitlits.com(The Flitwits Ltd)

rights set out above, please do not submit your contribution to www.theflitlits.com(The Flitwits Ltd)

By submitting your contribution to www.theflitlits.com(The Flitwits Ltd), you:

9.1. warrant that your contribution:

9.1.1. is your own original work and that you have the right to make it available to www.theflitlits.com(The Flitwits Ltd) for all the purposes specified above.

9.1.2. is not defamatory.

9.1.3. does not infringe any law.

9.2. indemnify www.theflitlits.com(The Flitwits Ltd) against all legal fees, damages and other expenses that may be incurred by www.theflitlits.com(The Flitwits Ltd) as a result of your breach of the above warranty.

9.3. waive any moral rights in your contribution for the purposes of its submission to and publication on www.theflitlits.com(The Flitwits Ltd) and the purposes specified above.

10. NOTICES

10.1 You may send us notices under or in connection with these Terms and Conditions:

10.1.1 by e-mail to: media(Replace this parenthesis with the @ sign)theflitlits.com

10.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, and that you retain the receipt.

11. LIMITATION OF LIABILITY

11.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.

11.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

11.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

11.4 Notwithstanding any other provision in the Terms and Conditions, nothing herein shall limit your rights as a consumer under English law.

11.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

11.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.

11.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:

11.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

11.7.2 any loss of goodwill or reputation; or

11.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

12. SEVERANCE

If any part of the Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.

13. Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision of these Terms and Conditions.

14. ENTIRE AGREEMENTT

These Terms and Conditions (as amended from time to time), including the Privacy Policy, constitute the entire agreement between you and us relating to the subject matter covered, and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms and Conditions. You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and Conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been incorporated into these Terms and Conditions save that your agreement contained in this provision shall not apply in respect of any fraudulent misrepresentation whether or not such has been incorporated into these Terms and Conditions. The failure by us to exercise or enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision.

15. LAW

The Terms and Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.