Terms Of Service

TERMS OF SERVICE AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. Click here to download a copy of these Terms of Service.
BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to FireFly Websites, owned and operated by Firefly Websites LTD, a limited liability partnership organized existing under the laws of England (“Firefly Websites”). Your (the “User”) use of our website located at www.fireflywebsites.co.uk (the “Site”) and all content, services, and products available at or through the Website (referred to collectively as the “Services”) is governed by and subject to the terms of this “TERMS OF SERVICE & CONDITIONS OF USE” (hereinafter referred to as the “Terms of Use” “User Agreement” or this “Agreement”). By accessing this Site or by making a purchase or submitting an order, the User consents to have this Agreement provided to the User in electronic form.

The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this Site for any reason; and where applicable, the company or other entity with which the User is employed or otherwise affiliated (including its officers, directors, agents, managers, and employees), to the extent that the User is acting on its behalf. Furthermore, The User represents that he or she is 18 years old or older and, where applicable, authorized by his or her company or other entity to enter into this Agreement. If you are engaging in our Services on behalf of a company, you represent and warrant that you are accordingly authorized to represent the company and accept the terms and conditions of this Agreement on behalf of a company (in addition, the term “User” shall be interpreted to mean your company including all of its employees). If you are entering into this Agreement on your own behalf, or if you are not authorized to represent the company, you agree that you are personally obliged by the terms detailed in this Agreement and the term “User” refers to you.

THE USERS ACCEPTANCE OF THIS AGREEMENT

THIS “AGREEMENT” REFERS, COLLECTIVELY, TO ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN AND ALL OTHER OPERATING RULES, POLICIES (INCLUDING, WITHOUT LIMITATION, FIREFLY WEBSITES’ PRIVACY POLICY –MADE AVAILABLE AT WWW.FIREFLYWEBSITES.CO.UK/PRIVACY-POLICY – AND ALL OTHER RELATED POLICES; THE TERMS AND CONDITIONS OF EACH ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT) AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE WEBSITE BY FIREFLY WEBSITES, GOVERNS THE USE OF THIS SITE, ITS CONTENTS, ANY PRODUCTS OR SERVICES AVAILABLE ON OR CERTAIN SPECIFIC MATERIAL CONTAINED IN THIS SITE, AND SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THIS SITE BY USER. ANY INCONSISTENCIES BETWEEN THE TERMS OF THIS AGREEMENT AND THOSE PROVISIONS CONTAINED IN ANY OTHER PRODUCTS OR SERVICES AGREEMENT(S) EXECUTED AND IN EFFECT BETWEEN THE PARTIES, THEN THE TERMS OF SUCH PRODUCTS OR SERVICES AGREEMENT(S) SHALL TAKE PRECEDENCE IN RELATION TO THIS AGREEMENT.

BY ACCESSING OR USING THIS SITE, WWW.FIREFLYWEBSITES.CO.UK, (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), THE USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, AND BY USE OF THIS SITE THE USER AFFIRMATIVELY, EXPRESSLY, OR IMPLICITLY REPRESENTS AND WARRANTS TO FIREFLY WEBSITES THAT THE USER HAS CAREFULLY REVIEWED THIS AGREEMENT; AND THAT THE USER AGREES TO ABIDE BY AND TO BE LEGALLY BOUND BY ALL SUCH TERMS AND CONDITIONS; AND THE USER AGREES TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU, ‘THE USER’, DO NOT AGREE, PLEASE DO NOT USE THE SITE. USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE SITE SUSPENDED OR TERMINATED, AT FIREFLY WEBSITES’ DISCRETION.

ARTICLE I
ACCEPTANCE OF TERMS & THE PROVISION OF SERVICE

1.) ACCEPTANCE OF TERMS & PROVISION OF SERVICES.

The User hereby understands, acknowledges, accepts, consents and agrees as follows: (a) This Agreement, incorporates by reference all other terms and conditions applicable to the User’s use of the Site set forth in any services or product agreements, or other transfers or assignments that have been or shall be entered into by and between the User with Firefly Websites; (b) This Site and its contents are for User’s personal non-commercial use only; and (c) The User’s right to use the Site is personal to the User and is not transferable to any other person or entity.

2.) DESCRIPTION OF SERVICES.

Through its Web property, Firefly Websites provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms of Use.

3.) Changes To the terms of this AGREEMENT or other policies.

Firefly Websites shall have the right at any time to change or modify the terms and conditions applicable to User’s use of this Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of this Site by User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions. The User is responsible for checking these terms periodically for any changes. The most current version of this Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the web pages of the Site.

4.) ChangeS To services.

Firefly Websites is entitled to at any time modify, improve, or discontinue any of its content, products, services and any aspect or feature of this Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at its sole discretion and without notice to the User. Firefly Websites is entitled to provide services to the User through subsidiaries or affiliated entities. Firefly Websites reserves the right to change, remove or discontinue (temporarily or permanently) the website, or any content, service, function, feature or other part of the website at any time or without notice; and the User confirms that Firefly Websites shall not be liable to the User for any such change, remove or discontinuance.

5.) ADDITIONAL TERMS AND CONDITIONS FOR SOFTWARE; EULAS.

When the User registers for or purchases the Site’s services, the User may be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. The User will be bound by any EULA that the User agrees to.

6.) PRIVACY; DATA PROTECTION.

In order to provide quality services to you, we collect certain personal information about you, including but not limited to the User’s name, address, telephone numbers, and in some cases (where our service is co-branded with a credit card partner) credit card information. Our website also includes some use of cookies and similar automated techniques to collect information which is important to enhance and personalize the User’s experience as a Firefly Websites customer. Our information practices are subject to Firefly Websites’ Privacy Policy (most recent version can be found on the following page www.fireflywebsites.co.uk/privacy-policy). The information the User submits when opening a Firefly Websites account and when the User transacts business via the Firefly Websites website may be transferred to, stored in and/or processed in the United Kingdom or any other country when such transfer, storage and/or processing are necessary to provide Firefly Websites services to you. By opening a Firefly Websites account, the User consents to the transfer, storage and/or processing of that information in such countries. If the User objects to the User’s information being transferred, stored or processed in this manner, or if the User objects to the use of cookies or to our Privacy Policy, please do not use Firefly Websites services.

7.) AGE OF USERS.

7.1 Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide Firefly Websites with personal information, we will use our best efforts to remove the information permanently from our files. If the User is under the age of 18 but at least 13 years of age, the User may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

7.2 If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

8.) UNAUTHORIZED ACCESS & ACTIVITY.

Unauthorized access and attempts to defeat or circumvent security features, to use the Site for other than intended purposes, to deny service to the Site’s Users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the Site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.

9.) LINKS TO THIRD PARTY SITES AND ADVERTISERS.

Firefly Websites may include on its Site links to third party web sites. The User agrees that we are not responsible or liable for any content or other materials on third party sites. The User also agrees that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between the User and any third party or any advertiser. The User agrees that Firefly Websites is not responsible for any claim or loss due to a third party site or any advertiser.

ARTICLE II
DMCA COPYRIGHT POLICY (& OTHER PROPRIETARY NOTICES)

10.) COPYRIGHTS & OTHER PROPRIETARY INFORMATION.

Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of Firefly Websites and is protected under the International treaties and copyright laws of the United Kingdom. The software on the Site may be used as a resource while accessing this Site, and their Content, but may not be used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of Firefly Websites or its respective owner.

11.) NOTIFICATIONS: TRADEMARKS

The Site URL, www.fireflywebsites.co.uk. and its logos are the trademark of Firefly Websites, and any use of the Firefly Websites trademark in connection with any product or service that do not belong to Firefly Websites, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of Firefly Websites and actionable under the U.K. Trademark Laws, International Trademark Laws, and the Trademark or equivalent laws of other countries. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Firefly Websites or any third party. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

12.) AUTHORIZED USES & RESTRICTIONS: COPYRIGHTS & OTHER PROPRIETARY RIGHTS.

12.1 The User hereby acknowledges and agrees that: (a) The information, data, and any materials (the ‘Content’) available on the Site and affiliate websites (‘Affiliates’) are the copyrighted works and exclusive property of Firefly Websites and Affiliates, respectively; (b) The Content may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties; (c) The Content available on the Site and Affiliates may not be sold, reproduced, or distributed without the written permission of their respective owners; (d) Any unauthorized use of the Content may violate copyright, trademark and other laws; (e) Any third-party trademarks, service marks and logos are the property of their respective owners; and (f) Any further rights not specifically granted herein are reserved.

12.2 AND IN ADDITION Firefly Websites hereby authorizes the User: (a) To view and make a single copy of portions of its Content for offline, personal, non-commercial use; and (b) To use such Content within the User’s organization covered by any current products or service agreements between the User or User’s organization and Firefly Websites.

12.3 AND FURTHERMORE, the User hereby acknowledges and agrees that: (a) The Content cannot be modified or revised any in any manner; (b) Authorized copies of the Content must retain all copyright and other proprietary notices contained in the original Content; (c) No other use of the Content is authorized; and (d) Any violation of the foregoing may result in civil and/or criminal liabilities.

13.) DISCLAIMERS: HYPERLINKS AND EXTERNAL CONTENT.

The User acknowledges and agrees that: (a) This Site, the Content, contain links to other Internet sites that are owned and operated by third parties; (b) Such links are not endorsements of any products or services in such sites, and no information in such sites have been endorsed or approved by Firefly Websites; (c) Firefly Websites is not responsible for such products, services, and information; and (d) Firefly Websites makes no representations and are not responsible for the availability of, or content located on or through, these third party sites.

14.) UNSOLICITED IDEA SUBMISSION POLICY.

Firefly Websites or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when products or marketing strategies of this Site might seem similar to ideas submitted. So, please do not send your unsolicited ideas to Firefly Websites. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Firefly Websites makes no assurances that your ideas and materials will be treated as confidential or proprietary.

15.) SUBMISSION OF COMMENTS & FEEDBACK: ASSIGNMENT OF RIGHTS.

The User acknowledges and agrees that: (a) All comments, feedback, information or materials submitted to this Site through or in association with this Firefly Websites shall be considered non-confidential and the property of Firefly Websites; (b) By submitting such comments, information, feedback, or materials to this Site or Firefly Websites, the User agree to a royalty free, irrevocable assignment to Firefly Websites of worldwide rights to use, copy, modify, publish, display and distribute the submissions worldwide; (c) This Site may use such comments, information or materials in any way it chooses in an unrestricted basis; and (d) The User confirms and warrants that the User has the required authority to grant the above license to Firefly Websites.

16.) COPYRIGHT INFRINGEMENT: REPEAT INFRINGERS.

16.1 We respect the intellectual property rights of others, and we prohibit users from uploading, posting or otherwise transmitting on this web site or by use of any of our services any materials that violate another party’s intellectual property rights.

16.2 It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may repeatedly infringe or violate the copyrights or other intellectual property rights of any party.

17.) NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT.

17.1 If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site; (d) Your address, telephone number, and email address; (e) Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (f) Your statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

17.2 This Site’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail to:

Firefly Websites
ATTN: Copyright Agent
83 Ducie Street
Manchester, Greater Manchester, England M1 2JQ‎

By email:

Via our Contact page.

ARTICLE III
WARRANTY DISCLAIMERS & LIABILITY LIMITATIONS

18.) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: OUR PROVISION OF SERVICE.

18.1 DISCLAIMER OF WARRANTIES – THE USER EXPRESSLY AGREES THAT USE OF FIREFLY WEBSITES IS AT THE USER’S SOLE RISK. NEITHER FIREFLY WEBSITES NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FIREFLY WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FIREFLY WEBSITES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FIREFLY WEBSITES.

18.2 WWW.FIREFLYWEBSITES.CO.UK IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

18.3 LIMITATION OF LIABILITY – THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT FIREFLY WEBSITES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

18.4 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND FIREFLY WEBSITES, AND/OR AFFILIATES. FIREFLY WEBSITES WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

18.5 IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER FIREFLY WEBSITES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN FIREFLYWEBSITES.CO.UK, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

18.6 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF FIREFLY WEBSITES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

19.) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE CONTENT.

19.1 Firefly Websites has attempted to provide accurate Content but assumes no responsibility for the accuracy and completeness of that information or materials. In furtherance of the intent to provide accurate Content, Firefly Websites may make changes to the Content at any time without notice. However, by the declaration of this intent Firefly Websites does not make any specific commitment to update the Content, and as a result may be out of date.

19.2 DISCLAIMER OF WARRANTIES – THE USER UNDERSTANDS AND AGREES THAT THE USE BY THE USER OF FIREFLY WEBSITES IS ENTIRELY AT THE USER’S OWN RISK. SPECIFICALLY STATED, THE INFORMATION OBTAINED FROM OR THROUGH FIREFLY WEBSITES, THE CONTENT, AND AFFILIATES IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). TAKE NOTICE THAT THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.

19.3 LIMITATION OF LIABILITY – THE USER UNDERSTANDS AND AGREES THAT FIREFLY WEBSITES IS NOT LIABLE FOR ANY DAMAGES INCURRED BY THE USER OR BY ANY THIRD PARTY RESULTING FROM THE USE OF INACCURATE INFORMATION CONTAINING ERRORS, PROBLEMS OR OTHER LIMITATIONS; AND SUCH USE WAS BY THE USER OR BY SUCH THIRD PARTY OBTAINING ACCESS TO SAID USE THROUGH THE USER, WITH OR WITHOUT THE KNOWLEDGE OF OR THE CONSENT GIVEN BY THE USER AND WITH OR WITHOUT THE KNOWLEDGE OF OR THE AUTHORIZATION GIVEN BY FIREFLY WEBSITES, OR THE USE WAS BY ANOTHER USER, GIVEN AUTHORIZED ACCESS BY FIREFLY WEBSITES OR OBTAINED UNAUTHORIZED ACCESS WITH OR WITHOUT THE KNOWLEDGE OF THE USER OR FIREFLY WEBSITES; AND NEITHER THE USER NOR THE THIRD PARTY OBTAIN ANY RIGHTS, FOR ANY CLAIMS OR ANY REMEDIES, AND FOR ANY AMOUNT OR TO ANY EXTENT AGAINST FIREFLY WEBSITES.

19.4 FIREFLY WEBSITES ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). IRREGARDLESS WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

19.5 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND FIREFLY WEBSITES, AND/OR AFFILIATES. FIREFLY WEBSITES WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

19.6 FURTHERMORE, IN NO EVENT SHALL FIREFLY WEBSITES, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF FIREFLY WEBSITES, THE CONTENT, AFFILIATES, OR ANY LINKED THIRD-PARTY WEBSITE, OR THE MATERIALS, INFORMATION, OR SOFTWARE CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF USE, BY THE USER, OF FIREFLY WEBSITES, THE CONTENT, AFFILIATES, THE MATERIALS, INFORMATION, OR SOFTWARE ON ANY SUCH WEBSITES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, THE USER ASSUMES ALL COSTS THEREOF. FURTHERMORE, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN FIREFLY WEBSITES, THE CONTENT, OR AFFILIATES ARE DISCLAIMED.

19.7 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF FIREFLY WEBSITES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

20.) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: THE WEBSITE SOFTWARE.

20.1 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

20.2 DISCLAIMER OF WARRANTIES – EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FIREFLY WEBSITES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

20.3 IF THE SOFTWARE COMPANY MAKES AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. FIREFLY WEBSITES DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

20.4 LIMITATION OF LIABILITY – IN NO EVENT SHALL FIREFLY WEBSITES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE.

20.5 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE USER AND FIREFLY WEBSITES, AND/OR AFFILIATES. FIREFLY WEBSITES WOULD NOT PROVIDE THIS SOFTWARE WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

20.6 IN NO EVENT WILL FIREFLY WEBSITES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.FIREFLYWEBSITES.CO.UK OR THE FIREFLY WEBSITES SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FIREFLYWEBSITES.CO.UK. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

20.7 IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED THE LIABILITY OF FIREFLY WEBSITES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

aRTICLE Iv
GENERAL provisions

21.) HEADINGS.

Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.

22.) WAIVER.

The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself; otherwise, no resulting waiver, that are not made in writing, by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

23.) ELECTRONIC DELIVERY STATEMENT AND THE USER’S CONSENT.

The User agrees that we may provide to the User notices and other information concerning or this Site electronically, including notice to any email address that the User may provide.

24.) FORCE MAJEURE.

Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of FIFTEEN (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

25.) TERMINATION OF USE.

Firefly Websites may, in its sole discretion, terminate or suspend the User’s access to all or part of the Site, for breach of the terms of this Agreement, or any conduct by the User which Firefly Websites, in its sole discretion, considers to be unacceptable. The terms of this Agreement will continue to apply in perpetuity until terminated by either the User or Firefly Websites without notice at any time for any reason. In the event this Agreement is terminated, the restrictions regarding the materials appearing on the Site, Affiliates, and any linked third-party website and the representations and warranties, indemnities, and limitation of liabilities set forth in this Agreement shall survive any such termination.

26.) INTERNATIONAL USE.

We make no representation that content on this Site is appropriate or available for use in locations outside the United Kingdom. If the User chooses to access this Site from a location outside the UK, the User does so on the User’s own initiative and the User is responsible for compliance with local laws.

27.) Indemnification.

User agrees to defend, indemnify and hold harmless Firefly Websites, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Firefly Websites by User or User’s Account.

28.) BINDING ARBITRATION.

The User agrees that any disputes or claims that the User may have against Firefly Websites will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.

29.) NON-EXCLUSIVITY.

Each party acknowledges and agrees that the rights granted to the other party in this Agreement are non-exclusive, and that, without limiting the generality of the foregoing, nothing in this Agreement shall be deemed or construed to prohibit either party from participating in similar business arrangements as those described herein.

30.) CHANGES TO THE TERMS.

Firefly Websites reserves the right to modify these terms from time to time at its sole discretion and without any notice. Changes to these terms become effective on the date they are posted, and the User’s continued use of the Site after such changes will signify and imply that the User agreed to be bound by them.

31.) CHOICE OF LAW, JURISDICTION, VENUE AND FORUM FOR RESOLVING DISPUTES.

31.1 The User agrees that the laws of Greater Manchester, England, govern these Terms of Use, its subject matter, your use of the Site, and any claim or dispute that the User may have against Firefly Websites, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

31.2 The User further agrees that any disputes or claims that the User may have against Firefly Websites will be resolved by a court located in Greater Manchester, England, and the User agrees and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

31.3 BY AGREEING TO THESE TERMS OF USE, THE USER is: (A) WAIVING CLAIMS THAT THE USER MIGHT OTHERWISE HAVE AGAINST FIREFLY WEBSITES BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (B) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, GREATER MANCHESTER, ENGLAND, OVER ANY DISPUTES OR CLAIMS THE USER HAS WITH US; AND (C) SUBMITTING ITSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

32.) ENTIRE AGREEMENT: SEVERABILITY AND INTEGRATION

This Agreement and any supplemental terms, policies, rules and guidelines posted on this Site constitutes the entire agreement between the User and Firefly Websites and supersede all previous written or oral agreements. The User may be subject to additional terms and conditions when the User uses, purchases, or accesses other services, Affiliate services or third-party content or material. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the User and Firefly Websites concerning the use by the User of the Site, the Content, and Affiliates.

Any rights not expressly granted herein are reserved.