Terms Of Service
Welcome to the Freekstorm Web Site (“Site”) on the World Wide Web. Please review these Site terms of use which govern your use of, and purchase of products from, our Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms then please do not use this Site.
Trading Name
Freekstorm is a trading name of FTGate Technology Limited, a private limited company incorporated in England Registration No. 02919324.
Registered Office: Abbey Lodge Station Road, West Dereham, King’s Lynn, PE33 9RR, United Kingdom.
English law
Freekstorm controls and operates this Site from its offices within the United Kingdom. Claims relating to, including the use of, this Site and the materials and computer software contained herein are governed by the laws of England and Wales. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
Company matters
Except for the historical information contained herein, company matters discussed are forward looking statements that involve risks and uncertainties detailed from time to time in the Company’s reports. We disclaim liability as described below.
Copyright
The information contained in this Site including all content, text, graphics, logos, button icons, images, illustrations, designs, photographs, audioclips, videoclips, data compliations and other materials that appear on the Site are protected by copyright, database right, trade mark laws and other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Freekstorm.
Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any content on the Site. Any software or content made available for download from the Site is licensed for use subject to the terms of the applicable license agreement, if any, which accompanies or is included with the software or content. If the software or content is not accompanied by a license agreement, the following terms shall apply: Freekstorm hereby grants to you a personal, limited, revocable, non-transferable license to use a single copy of the software and content on one personal computer or other compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the software or content or create derivative works from the software or content.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) placing an order with Freekstorm or
(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents.
(3) For the purpose of distributing Freekstorm software, providing you have prior written permission or are an authorised distributor of Freekstorm products and you have signed a legal agreement with Freekstorm to this effect
You may not link to or frame this Site or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Freekstorm without obtaining Freekstorm’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Freekstorm’s name or trademarks without the express written consent of Freekstorm. Any unauthorized use terminates the permission or license granted by Freekstorm.
Trade Marks
“Table Top Tanks”, “Freekstorm” and the logos set out below are trade names, trademarks or registered trademarks of FTGate Technology Ltd.
Microsoft, Windows, are registered trademarks or unregistered trademarks of Microsoft corporation. Apple, iPod and iPad are registered trademarks of Apple Inc. Other brands and their products are trademarks of their respective holders and should be noted as such.
DISCLAIMER OF WARRANTY
FREEKSTORM IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS SEEN” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH FREEKSTORM BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, FREEKSTORM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL FREEKSTORM BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. HOWEVER FREEKSTORM DOES NOT EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
In an effort to provide our customers with the most current information, Freekstorm will, from time to time, make changes in the Contents and in the products or services described on this Site.
If you see anything inaccurate on the Site please notify us immediately so we can correct it.
User Comments, Feedback and other Information and submissions provided by you: You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Freekstorm (“Transmissions”) shall be and remain Freekstorm’s property. You waive all your moral rights in Transmissions.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
You will indemnify (pay) Freekstorm for any loss or damage it suffers through your breaching these Terms.
Registration And User Accounts
You agree to provide accurate, current and complete information about yourself when creating a user account as detailed by the registration process and to update your information when necessary. If you provide any information which Freekstorm has reason to believe is inaccurate, incomplete or not current, then Freekstorm has the right to terminate your account.
During the registration process, you may be prompted to create a password and a user name. Once you have completed the registration process, a profile will be set up for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.
Barring from the Site:
Freekstorm reserves the right to bar users from the Site on a permanent or temporary basis at its discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user.
Terms of User Revisions: Freekstorm Limited may revise these terms of use by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
Severance: You agree that in the event any portion of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect.
Notices: Notices should be sent to our address at the start of these terms.
No assignment: Users may not assign their rights under these Terms.
Other Terms:
Where you take a license of our products all such use is subject to the terms and conditions of our End User Licence Agreement. You are also referred to our Privacy Policy and Copyright and Trade Mark Notices. Those using our Support Forum are subject to the conditions for use of that Forum. If there is a conflict between these terms and the Licence, the Licence prevails. The terms on this Site are the entire agreement between us.
Data Protection: If you contact us via the site we will receive hold and store your personal data strictly in accordance with the Data Protection Act 1998. That data will only be used by us, not a third party, and will be used to reply to your request.
Cookies:
This site only uses cookies to manage user login information and order processing progress on our secure online ordering pages and on the registered members web site when using secure connections (SSL). No cookie information is stored on your PC for tracking purposes.
External Links
Freekstorm may offer links to other websites via this site but does not endorse any other companies or offer any guarantees or accept any responsibility for any content or service(s) offered via such websites.
These links, if offered, are offered purely as a service and visitors should consider the Terms and Conditions of any other external website(s) that the Freekstorm site links to.
Further Information
Further information on these conditions or any queries on them can be obtained from:-
The Legal Officer, FTGate Technology Limited Trading as Freekstorm, Abbey Lodge, Station Road, West Dereham, Norfolk, PE33 9RR, UK.
Facsimile (+44) (0) 1366 500560�
Email customerservices@freekstorm.com.
TERMS AND CONDITIONS FOR USE OF WEB SITE http://www.freekstorm.com
Version 1, 1st October 2010