Terms and conditions in brief
Here’s a summary of our Terms and Conditions: a short version of the small print. The full details are available below.
• Lots of people contribute to this site. We’re happy to share views and ideas (within reason) so remember that means what you see doesn’t always reflect our views or our partners’ views.
• Please don’t copy any part of the site without getting our permission first. We’re pretty generous. Just ask.
• We’ve tried really hard to be accurate and provide good, solid information. We think our statements and opinions are sound and hope you’ll find them thought-provoking and helpful. Check things out for yourself. We don’t accept responsibility for anything you do based on our rambling.
• We signpost and make links to lots of other websites and resources to be helpful. Once you leave our site, you’re on your own. We’re not responsible for anyone else’s site or information. By featuring or linking to information, we’re not saying it’s good or bad and we don’t necessarily agree with opinions or statements you see on sites we link to.
• When you’re on Final Fling pages, you might see pop-up ads. These are produced by other websites you visited or by software installed on your computer. We’re not responsible for their content.
• We do everything we can to make sure content you download from Final Fling is virus-free. We can’t guarantee it and don’t accept any liability for damages from virus infection.
• We keep an eye on what’s being said in full public view and will take down info that’s not in the spirit of Final Fling. You can report abuse too. We don’t check what you’re sharing on your private network – hence the word ‘private’. You can report abuse here too and we’ll fling people off the site for any nonsense.
Our terms apply to Users who use our FREE Life Planning Tools and to suppliers who appear in our Marketplace. Suppliers pay for accounts on an annual or monthly renewing subscription. Payments are taken through Stripe who will auto-renew the subscription on its anniversary. Immediately after payment is taken, it may just show ‘Stripe’ in your bank statement. Within a matter of hours, it should say ‘Final Fling’ so you’re clear.
Finally, we’re working on the web so we attract an international audience. Some of what we do works without boundaries. Some services are incredibly local – like funeral services. Others, like legal and financial advice, are territory-specific. This means we can’t always meet your needs.
That’s the nub of it.
Acceptable Use Policy
This Final Fling Acceptable Use Policy is for the use of the Final Fling Service. Your use of the Final Fling Service means that you accept and agree to be bound by the Final Fling Acceptable Use Policy, which supplements the principles you agreed to in the Final Fling Terms and Conditions whether you are a registered User or just a visitor to the Site.
Please remember: although we provide a space where the Final Fling Service may be accessed by Users, we may not approve or actively monitor and are not responsible for the behaviour or conduct of Users or the Content they post on the Site. This Acceptable Use Policy is designed to make sure the Final Fling Service is safe and can be enjoyed by everyone. We are reliant on our Users to point out anything that doesn’t conform to this Acceptable Use Policy. We’ll Fling off time-wasters.
When we refer to “Content” in this Acceptable Use Policy, we are referring to any information, links (including embedded content), pictures, images, sounds, videos, graphics, software, files, or any item whatsoever that you post on the Site or otherwise make available or accessible to other Users of the Site and Final Fling Service.
2. Unlawful Content
• Don’t upload, post or otherwise make available Content that violates or may violate any laws, rules or regulations;
• Don’t upload, post or otherwise make available Content that promotes, condones or encourages, (or is capable of promoting, condoning or encouraging) any illegal activity, racial tension or terrorism;
• Do not engage in predatory conduct or otherwise use the Final Fling Service to stalk or harass anyone;
• Only upload, post or otherwise make available Content that you own. In the case of photographs and videos, this means that you may only upload, post or otherwise make available photographs or videos of a personal nature that are original works created by you; and/or
• Don’t post or share any Content that infringes, or might be considered to infringe, anyone’s copyright, trade mark or other intellectual property rights (for example, don’t post any music files of your favourite song or video clips of a TV show) – it’s easy to take material that belongs to others, but that doesn’t make it right.
3. Inappropriate Content
Don’t post anything on the Site that is, or could be considered to be:-
• Obscene, indecent, pornographic, sexually explicit, profane, vulgar, violent or offensive (in any language or disguised with asterisks or other such symbols);
• Depicting or describing violence in a gratuitous or graphic manner;
• Abusive, intimidating, discriminatory, threatening, mean-spirited or intended to harass or cause (or be capable of causing) trouble or offence to anyone;
• Defamatory, slanderous, false, fraudulent, unreliable or misleading about any person, business or thing; and/or
• Material that’s offence is around race, ethnicity, religious view, sexual orientation, gender, disability or other discriminatory or offensive, hate related, malicious, derogatory or otherwise objectionable nature.
4. Your Conduct generally
• Behave yourself. Be polite;
• Don’t impersonate any person or entity;
• Don’t misrepresent yourself or any details about yourself;
• Don’t advertise, or use or place Content on the Final Fling Service for any business or commercial or charitable purpose;
• Don’t use the Final Fling Service or information gathered from it for the sending of unsolicited bulk email (sometimes known as spam) or any other unsolicited communications, chain letters, pyramid schemes or similar solicitations;
• Don’t submit the same – or similar – Content more than once;
• Use plain English for public areas – you can communicate in Klingon in your private space;
• Please exercise caution when including an email address, postal address, phone number, or any other personal information about yourself on public areas of the Final Fling Service;
• Don’t post, share or otherwise make available information that personally identifies other Users or which includes private information about other Users or people;
• Don’t solicit passwords or information from other Users for commercial or unlawful purposes;
• Don’t disrupt the normal flow of dialogue, cause a screen to scroll faster than other Users can type, attempt to circumvent any security or other filters we operate in connection with the Site, or otherwise act in a manner that could impair the functionality of the Final Fling Service or Site or negatively affect other users’ ability to communicate using the Final Fling Service;
• Don’t post anything that contains viruses, harmful software, Trojans, worms, logic bombs or other evolving material which is technologically harmful;
• Don’t attempt to gain unauthorised access to the Final Fling Service, the server on which the Site is stored or any server, database or computer connected to the Site; and
• Don’t obscure or interfere with any of the Final Fling Material at any time. It’s not big and it’s not clever.
5. Alerting Us
If you see anything on the Final Fling Service that appears to breach this Acceptable Use Policy, then please contact us Report Abuse. While we actively encourage Members to do this, don’t misuse our Report Abuse offer either or it just gets silly.
6. Withdrawing Material
We may, in our sole discretion, withdraw, restrict or move any Content which appears to breach the rules in this Acceptable Use Policy, or to bring the Final Fling Service into disrepute – whether based on information received from Users or others, or our own determination. We reserve the right to delete any contribution or take action against any User account, at any time, for any reason.
Thanks for your co-operation.
1. Emails and communications
You are probably most interested in how we will use your email address to communicate with you, so here’s our email promise:
1. Service Emails
The team at Final Fling hates spam and will never intentionally send you unsolicited emails. But there are some emails that we will need to send you to provide you with a good Final Fling Service. A full list of the types of emails you will receive to help you use the Service most effectively (which we call Service Emails) are shown below:
• Validation emails – to verify your email address when you first create a User account and to verify a new email address if you request it to be changed.
• Activation email – contains a unique link to activate the account.
• Welcome email – explains how to use the site when you first join.
• Reset emails – contains a unique link allowing you to reset your password on the site.
• Key service messages – if we need to notify you about changes to the service.
• Account unlock – in the event of three unsuccessful attempts to access your account, this email will be sent to notify you that the account has been locked for security and will include instructions on how to unlock the account.
• Closure email – if you or a “keyholder” for your account submits a request for an account to be closed, you will be sent an email requesting confirmation of the closure with a unique link to close the account. The same email is sent every month for six months. If no reply is received, the account is closed without confirmation after six months.
• Abuse report email – if content you have posted is reported as abusive, you will be sent an email to notify you that the content is pending review.
• Account suspension email – if your account is suspended for breaking the terms and conditions of the site, you will be sent an email to confirm the suspension.
• Purchase confirmation email – if you purchase any service on the site, you will be sent an email to confirm the purchase.
• Support request – if you send a support request, you will receive a response via email or phone.
• When Marketplace suppliers sign-up they link straight to Stripe payment system to make payment. Auto emails may be generated from Stripe to alert users to changes. Annual subscription is taken automatically on the anniversary of signing up for an account.
1.2 Must-See Emails
As well as these Service Emails, you can also opt to receive what we call Must-See Emails (see 1.3 for email preferences). These are invitations, weekly digests, notifications and news of new features on Final Fling. Must-See Emails genuinely help you make the most of the website and let you know when there’s new and interesting stuff to do. This is an example of the range we might provide; you won’t necessarily get all or any of these:
• Invitation emails – inviting you to join another User’s network or view new Content in another User’s Network of which you are a member. Emails contain a link to connect and you can either confirm or reject the invitation to connect.
• Weekly digest email – regular rundown of activity on your Network.
• Notification email (Keyholder) – notifying you that another User has assigned you as a Keyholder for their Network, allowing you to accept or decline the Keyholder status.
• Notification email (Content) – other Users notifying you about items they’ve added to their My Workbook. Email includes the name of the person who is notifying, what it is (eg item in My Wishes or Memory Box) the title of the item and a link to view it.
• Notification email (Posts) – notifying you when someone posts a comments on your page or when someone posts a response to one of your public comments.
• News of new features on Final Fling – we may notify you about what’s new on the site, ask your opinion, and tell you about services you might not be using yet. They may also contain ads from companies we like.
• Payment renewal and payment change emails from Stripe or from Final Fling in connection to Stripe.
We only get in touch when there is something worthwhile to tell you. Generally you’ll get a newsletter once a month and if you sign up for any other newsletters, periodically.
1.2 Email Preferences
You can edit your contact preferences for Must-See Emails at any time. If you decide you no longer want to receive these emails – or if you aren’t currently receiving some or all and want to – all you need to do is uncheck (or check) the tick boxes in the “My Account” area once you’re logged in to My Final Fling.
1.3 Email communications to Users not registered with Final Fling
Users can invite Users not registered with Final Fling to join the Final Fling Service by email via our automated email service. Final Fling will store the non-Users’ email addresses provided by the User for invite purposes only. These non-member addresses will not be stored on our database for longer than required for invite purposes. This data will also not be sold or passed on to a third party. Non-member recipients of these communications can request the removal of their information from our database at any time by contacting us here.
2. The information we gather
When you register for the Final Fling Service, you provide your Profile Information:
• your name;
• your email address.
You can also provide the following optional details:
• your telephone number;
• your postal address including postcode;
• your date of birth.
Your Profile Information is available to you, and capable of being changed through in your My Final Fling pages. Please update your details with relevant changes as soon as possible to ensure we have the correct information for you on your account.
3. Sharing and use of information
3.1 How we will use your information
We will use your Profile Information to:
• operate, maintain, and efficiently provide the features and functionality of the Final Fling site;
• keep in touch with you;
• send you offers relating to your profile;
• complete the registration process;
• address customer service needs and requests;
• prevent crime and fraud on the Final Fling site.
The over-riding principles we apply are these:
• Profile information – once a User invites other Users to join their Network, the Profile Information held for that User, except for the email address, will be available to, and searchable by, those Users of the aforementioned User’s Network.
• Advertising – the Final Fling Service may include interactive ads for other businesses.
• Changes in Final Fling’s business – if any or all of the assets that Final Fling use to operate its business (or substantially all of them) are acquired by a third party, we may transfer personal data we then hold to that party so that the acquirer can continue to provide the Final Fling Service.
• Place of processing – the Profile Information held by us is held on and processed by computers situated in the United Kingdom.
Final Fling places great importance on the security of all personally identifiable information associated with our members. We have security measures in place to protect our User database and access to this database is restricted internally. We also have security measures in place to attempt to protect against the loss, misuse or alteration of User data under our control. For example our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to User information. We use secure server software to encrypt financial information you input before it is sent to us. While we cannot guarantee that loss, misuse or alteration of data will not occur however we will use our best efforts to prevent this.
It remains each User’s responsibility:
• to protect against unauthorised access to Your Profile Information;
• to ensure no-one else uses the Final Fling Service on that User’s machine while it is “logged on” to the Final Fling Service;
• to log off or exit from the Final Fling Service when not using it; and
• to keep his/her password secret.
You accept the inherent risks of providing information online and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
The Final Fling site is hosted on a dedicated server by our developer, DKDO. The site uses SSL to secure information transfer between users’ browsers and the server. To update their account and post content, users must sign in with their email address or username and a secure password, which is hashed with bcrypt for storing in the website database.
Users have the option to make some of their content public – such as posts in their Bucket List. These posts are visible to normal website visitors. Users may also restrict access to ‘friends and family’, or make them ‘private’ – in which case the content is accessible only by authenticated users whom they have assigned either ‘friends and family’ and ‘keyholder’ status. The control is with the user.
5. Removing yourself from the Final Fling Service
You may delete your account from the site at any time. To request the closure of an account, please email us and we will send an email requesting confirmation of the closure with a unique link to close the account. The same email is sent every month for six months. If no reply is received, the account is closed.
It is important to understand and recognise that User content may be copied or stored by other Users even after it has been removed from the site. It may also remain cached and archived by those that have copied it.
6. Disclosure for legal reasons
We reserve the right to communicate such of a User’s personal information as we hold to third parties which seek the disclosure of it, and which make a request for its disclosure with which we are obliged by law to comply.
7. Data retention period
8. Contacting Final Fling
9. Links to third party sites
The Final Fling Service contains links to other sites. Final Fling is not responsible for the privacy practices, or the content, of those websites.
10. Data protection information
You can obtain further information about data protection laws by visiting the Information Commissioner’s website. You can search for our Data Protection Notification there.
Terms + conditions in full
1.1 This Agreement is a legal document that sets out your rights and obligations, and those of Final Fling Limited, a company registered in Scotland under registration no. SC390002 (“Final Fling”, “we” or “us”), in relation to the Final Fling website (the “Site”) and the services offered by Final Fling through it (the “Final Fling Service”).
1.3 You must take the time to read and understand this Agreement before registering for the Final Fling Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. If you are a visitor to the Site and do not register, you similarly affirm that you are bound by this Agreement each time you access the Site. Please note that you are also responsible for ensuring that all persons who access the Site and Final Fling Service through your internet connection are aware of, and abide by, the terms of this Agreement.
1.4 Final Fling reserves the right to change this Agreement from time to time, and post the new version of this Agreement on the Final Fling Service (“New Agreement”). When we do so, we will notify you of the fact that there are changed terms and post a link to the New Agreement on www.finalfling.com. This Agreement, and any new version of it in the future, takes effect immediately. Your continued use of the Final Fling Service after Final Fling posts any New Agreement constitutes your acceptance of the terms of the New Agreement. If you do not agree to be bound by the terms of the New Agreement, do not continue to use or access the Final Fling Service.
2. Accessing the Final Fling Service
2.1 We are not an internet service provider. In order to avail yourself of the Final Fling Service, you must have internet access and all the software (and skills) required for email and web usage.
2.2 The Site and the Final Fling Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in operation of the Site or Final Fling Service. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players resulting from or in connection with any technical problems or traffic congestion on the Internet, including injury or damage to your or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Final Fling Service.
3. Registration and subscription
3.1 In consideration of your use of the Final Fling Service, as a user of planning tools or a supplier of services in the Marketplace, you undertake to:-
(a) register for the Final Fling Service using true, accurate and current information about yourself – including your correct name, email address and any other optional details (your “Profile Information”);
(b) maintain the accuracy of your Profile Information by promptly notifying us when there is a change to your Profile Information by making the necessary amendments in your pages. It is particularly important that the email address we hold for you is kept up-to-date and that you have full access to it as we will send important messages to your email address;
(c) maintain at all times the confidentiality of any password and not disclose any password to any third party. Please note that for security or other reasons, we may require you to change your password or other information which facilitates access to the Final Fling Service;
(d) be responsible for the use of your User account including all actions that take place using your account; and
(e) notify us immediately if you suspect there has been unauthorised use of your User account.
(f) note that different Marketplace subscriptions offer different benefits. This is explained on the payment page, as is the cost of the subscription packages.
(g) notify us if you wish to cancel your subscription with at least one week’s notice before the annual renewal date. That is your responsibility.
3.2 Users who are eligible to register or subscribe and sign up in accordance with the terms of this Agreement on the Final Fling Service are known as “Users”.
3.3 As part of the registration or subscription process for the Final Fling Service, you will receive an activation email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration or subscription is controlled by you. That email contains simple instructions that you must follow.
4. Intellectual Property Rights
4.1 We do not claim ownership rights in the content, information, pictures, images, sounds, videos, graphics, software, files, or any item whatsoever that you or any other Member posts on the Site or otherwise makes available or accessible to other Members or users of the Site and Final Fling Service (“Content”). If you post Content in accordance with the terms of this Agreement, you will retain all intellectual property rights in that Content subject to the licence granted by you to us pursuant to clause 4.2 below;
4.2 By submitting Content, you:
(a) are representing and warranting that:-
(i) you are fully entitled to do so;
(ii) you are the sole owner of the Content or are otherwise authorised by the owner of the Content to post the Content on the Final Fling Service;
(iii) the posting of the Content on the Final Fling Service will not violate the rights (including intellectual property rights) of any third party or any applicable laws, whether criminal, tortuous or otherwise;
(iv) the Content will comply with this Agreement, including the Final Fling Acceptable Use Policy
(b) grant us and our affiliates a non-exclusive, royalty-free, sub-licensable, non-terminable, worldwide licence to copy, modify, distribute, show in public and create derivative works from the Content in any form, for any purpose, anywhere; and
(c) authorise us to adapt the Content at our discretion, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the Content in question.
4.3 You agree to pay for all fees, royalties or any other payments owing to any third party by reason of your posting of the Content.
4.4 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Final Fling Service and Site (including but not limited to the Final Fling designs, text, graphics, pictures, information, applications, software and other files, and their selection and arrangement), save in respect of the Content, are owned by us and/or our licensors (the “Final Fling Material”). It is easy to copy material that appears on websites, but this does not mean it is legal. Therefore, you may not copy, distribute, show in public or create any derivative work from or use the Final Fling Material, or any other material which is found on the Final Fling Service unless strictly in accordance with the licence granted to you in clause 4.5.
4.5 Provided you are eligible to use the Final Fling Service as a User, you are granted a limited licence to download or print a copy of the Final Fling Material solely for your own personal, non-commercial use provided that you acknowledge that the copied material is the property of Final Fling. You must not modify, distribute, republish, display, post, transmit, sell, or incorporate into other databases or compilations the copies of the Final Fling Material you have made, in whole or in part. If you use the Final Fling Material in breach of this limited licence, this limited licence will immediately terminate, your right to use the Final Fling Service will cease immediately and you must return or destroy any copies of the Final Fling Material you have made.
5. Trade Marks
Final Fling and its accompanying logo are registered trademarks in the United Kingdom and elsewhere around the world (the “Final Fling Trade Mark”). You must not copy or otherwise use the Final Fling Trade Mark without the prior written approval of Final Fling.
6. User Conduct and Termination
6.1 You agree to use the Final Fling Service only for your personal non-commercial use unless agreed otherwise with Final Fling representatives.
6.2 The Final Fling Service is intended for use by its Users for the purposes referred to in this Agreement. Accordingly, you must not use the Final Fling Service or the Site generally in an unlawful manner or in a manner that breaches this Agreement (including the Final Fling Acceptable Use Policy).
6.3 Without prejudice to the generality of clause 6.4(a) below, if you breach any clause of this Agreement we may terminate your User account with or without notice to you.
6.4 We reserve the right in our sole discretion:
(a) to suspend or terminate your or any User’s access to the Final Fling Service, or parts of it; and/or
(b) to remove, or require you or any other User to remove Content, if you or the relevant User or Content appears to us, or to a complainant, to be in breach of any provision of this Agreement.
6.5 If your access has been suspended or terminated you must not re-register for, or re-access, the Final Fling Service without our prior consent.
6.6 You are responsible for everything that is done on or through the Final Fling Service while your User account is logged on to the Final Fling Service, or through your email address(es).
6.7 Where we reserve a right in this Agreement, it does not mean we are obliged to exercise it. Also, you acknowledge that given the open-access nature of the Final Fling Service, we cannot prevent determined people whose User account has been suspended or terminated from re-accessing or re-registering as Users, in breach of their obligations under this Agreement.
6.8 In using our forum the following rules apply: don’t make multiple posts of the same item; don’t use our space to self-promote or promote any others; don’t post money-making schemes; don’t make off-topic posts or multiple off-topic/solicitation posts; don’t post spam in your response to a discussion. Other users have the right to report abuse. If you spam or annoy other users we will remove you from the group and the site without notice.
7. Creating a User Account
7.1 You may create, manage, operate and maintain your User account by:-
(a) adding and deleting contacts to/from your Network (“Network”);
(b) requesting to add other Users to your Network and accepting requests to join other Users’ Networks;
(c) managing the privacy of your Network by allowing Users in your Network to view your selected content;
(d) assigning User(s) in your Network as “Keyholder(s)” (see clause 9.3 below). Notification and (depending on contact preferences) an email will be sent to the assignee to accept the Keyholder status;
(e) posting your name, Your Profile Information, photos, videos, messages, material and commentary on your Profile Information and Posts;
(f) accessing the Profile and Network pages of Users in your Network;
(g) either posting a new message or replying to an existing one on the Posts of Users in your Network;
(h) notifying Users in your Network about items added to your content;
(i) viewing, editing or deleting items you have added to your account
7.2 The above list of functions is not exhaustive and there may be additional functions available on the Final Fling Service. Final Fling does not represent that the functions listed will always be available and reserves the right to remove functions at its sole discretion at any time.
8. Your Privacy
8.2 You have the ability to control which other Users have greater access to your User pages than others. All Content contained within your User pages will be accessible to Users within your Network (“Standard Access”) unless you designate it as accessible by your Keyholders only.
8.3 Where you wish to assign another User as one of your Keyholders and want that User to have access to your entire content and enable them to request the closure of your account, assign that Member as a “Keyholder” in the settings when you invite them to join your Network;
8.4 It is open to you at any time to delete your Keyholders, in which case those Users will immediately have no more than Standard Access to your User pages.
9. Alerting Us and Removal of Content
9.1 You acknowledge that we are not and cannot be responsible for the Content or behaviour of other Users – whether on the Final Fling Service or outside of it. We only provide a space where the Final Fling Service may be accessed.
9.2 If you see anything on the Final Fling Service which appears to breach any clause of this Agreement, then please contact us to inform us of it
9.3 You acknowledge that we may not monitor or approve Content, and so we are reliant upon users to point out any which breaches this Agreement. Although we provide rules for Users’ conduct and Content postings, we do not approve or control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any inappropriate, obscene, offensive, unlawful or otherwise objectionable Content you may come across on the Site or in connection with any third party Platform Applications, software or Content.
9.4 You acknowledge that we may delete or remove any Content, or move any Content from a place on the Site which all Users can access to a place that is only accessible by your Users in your Network, without notice and in our sole discretion, for any reason, including Content that we decide in our sole discretion breaches this Agreement including the Final Fling Acceptable Use Policy, or which might be inconsistent with the Final Fling brand values (which we determine from time to time in our sole discretion) or bring the Final Fling Service into disrepute. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to us.
10. Third Party Links
10.1 Our site does include details on, or links through to, information provided by other websites. We don’t control the accuracy or completeness of that information. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website please read their contract carefully before deciding to buy. Remember, your contract for those products or services will be with them, not us.
10.2 When you use other websites, any personal information you give them will be dealt with in line with their privacy polices, not ours, so please read the privacy policies of each and every such website before using them.
10.3 Some of the links included on our site may be affiliated links. These are links that take you directly or indirectly to a product or service provider and which may result in us receiving a fee or commission as a consequence of you clicking through to their site or purchasing a product from them.
10.4 You are welcome to link to our site if you comply with the terms set out in this section and all applicable laws. Any site or service that links to our site:
(a) can display the Final Fling logo but mustn’t otherwise use any Final Fling Trade Marks without our written consent;
(b) mustn’t remove, distort or otherwise alter the size or appearance of our logo;
(c) may link only to our homepage unless we have given you our prior written consent;
(d) mustn’t in any way imply that we are endorsing a third party or its products or services;
(e) mustn’t misrepresent a third party relationship with us or present false information about us;
(f) mustn’t be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
(g) mustn’t be a site or service that contains content that could be considered distasteful or offensive.
If you breach these terms, then we have the right to require that your link is removed and to take whatever other action we think appropriate.
11. Disclaimer and Release
11.1 The Site, the Final Fling Service and the Content are provided “as-is” and we disclaim any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site and/or the Final Fling Service. We do not represent or warrant that software, Content or materials on the Site, the Final Fling Service, are accurate, complete, reliable, current or error-free or that the Site or Final Fling Service its servers, are free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Final Fling Service at your own risk and that you will be solely responsible for your use of them and any damages to your computer system, loss of data or other harm of any kind that may result.
11.2 We accept no responsibility for the truth or accuracy of any material available on the Final Fling Service and Site, whether provided by Users or others. Content and any other information and material available on the Final Fling Service and Site is not intended to amount to advice on which anyone should place any reliance. We disclaim all liability arising from any reliance placed by any person (whether or not a User) on material available on the Final Fling Service and Site.
11.3 You should exercise no lesser degree of caution in appraising what you see on the Final Fling Service than you do offline.
11.4 You acknowledge that even though Users are prohibited from doing so, they may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you acknowledge that people may not necessarily be who they say they are.
12. Excluded loss
12.1 In no event will we, or our directors, employees or agents be liable to you or any third party for any direct, indirect, special, consequential, exemplary or incidental loss or damage, or for any loss of data, profit, revenue or business, arising from your use of the Site or the Final Fling Service, or Content, information or other materials on the Site, even if we have been advised of the possibility of such loss or damages.
12.2 We will also not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control.
13. Maximum liability
Without limiting the preceding clause, our aggregate liability under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed one thousand pounds sterling (£1,000).
You agree to indemnify and hold Final Fling and its affiliates harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of this Agreement by you or through a machine on which you access the Final Fling Service or otherwise in relation to any software or Content you post or share on the Site or via the Final Fling Service.
15.1 We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement.
15.2 You may not without the written consent of Final Fling assign or dispose of this Agreement or any of your rights or obligations under it.
16. Entire Agreement
16.2 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
19. Keeping this Agreement
We don’t separately file the individual Agreements entered into by members when they register for Final Fling Ltd. You can access a copy of the agreement at www.finalfling.com.
20. Statutory Information
You can contact us:
Final Fling Ltd, 157 Nithsdale Road, Glasgow G41 5RD
Telephone: 0141 423 1618