FruitFame.com is a site operated by Transformative Marketing Solutions, Ltd. ("We", "Our"), which is owned and managed by Jacqueline Kassteen.
Transformative Marketing Solutions is a limited liability company registered in the UK under company number 09128600. Our registered office is at The Clock House, Station Approach, Marlow, Buckinghamshire, SL7 1NT, UK.
You may contact us online using the form provided.
© Transformative Marketing Solutions 2016-17. All rights reserved worldwide.
FruitFame.com™, our tagline (Your stories. Your spotlight.™), and all proprietary brand content (such as Starfruit, Breadfruit, Miracle Fruit, Grapefruit) are trademarks of Transformative Marketing Solutions.
You are not permitted to use them without our approval, unless they are part of the material you are using as permitted under the "How you may use material on our site" section found below.
By using our site you accept these terms
These terms apply to Transformative Marketing Solutions ("We", "Our"), FruitFame, and all proprietary Marks and brand content (such as Starfruit, Breadfruit, Miracle Fruit, Grapefruit).
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
All references to the Site include all content and pages located within the FruitFame.com web domain, all sub-domains, and those from any apps or other programs which allow you to access some or all of the Site.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may reference and share links to our website content. Limited redistribution of our website content is set out here in these terms and conditions.
You may share our content using the sharing tools found throughout the site.
You may not copy content from our website and redistribute our content by any means without our consent. This is against copyright law and may incur fines or prosecution.
You may not sell, rent, exploit or sub-license material from our website.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Rules about linking to our site
You may link to our home page, and/or other pages on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed or white labelled on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact us.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials may not have been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and/or materials uploaded by other users please contact us.
Do not rely on information on our site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no responsibility for, nor approval of, nor control over the contents of those sites or resources.
Loss or damage suffered by you
Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it, whether express or implied. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site or the use of, or reliance on, any content displayed on our site. In particular, we will not be liable for, but not limited to: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. In no event will our aggregate liability to you ever exceed one hundred pounds (£100).
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any damages, expenses, loss of profit or business, business interruption, or loss of business opportunity or savings. You will be responsible for any loss or damage we suffer as a result of your breach of any of the terms outlined herein.
We will not be held responsible for any delay or failure to comply with our obligations under any of the terms herein if the delay or failure arises from any cause which is beyond our reasonable control.
A failure or delay by us to enforce any of our rights under any of these terms is not to be taken as, or deemed to be a waiver of, that or any other right unless we acknowledge and agree to such a waiver in writing.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary.
You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in "Rights you are giving us to use material you upload" section below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
While the website contents are backed up on a regular basis, you are solely responsible for securing and backing up the content you posted.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us rights to use that content. See our content licence policy for more information.
By registering as a user on our site, you are automatically giving us permission to communicate with you by email and through any media now known, or hereafter developed, and add you to our subscriber’s list. You may opt-out of this list at any time, either via the link in the enewsletter or by contacting us.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password, account or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You agree to accept all responsibility for all activities that occur under your account or password.
If you open an account on behalf of a company or other entity, or you give us instructions to do so on your behalf, then all references to “you” in all the terms and conditions outlined here include that company or entity, and you warrant and represent that you are authorized to grant all rights referred to in these terms on behalf of that company or entity and bind that company.
We may make changes to these terms
We may amend these terms from time to time. It is your responsibility to check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time.
We may suspend or withdraw our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Which country's laws apply to any disputes?
You agree that you will use the Site in compliance with all of the terms outlined herein and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all UK export control laws.
FruitFame.com is a site operated by Transformative Marketing Solutions ("we" or "us"). We are registered in the UK under company number 09128600.
This acceptable use policy sets out the terms between you and us under which you may access our website FruitFame.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.
You may use our site only for lawful purposes.
You may not use our site:
You also agree:
We may from time to time provide interactive services on our site, including, without limitation:
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, as moderation is not foolproof. 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.
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 and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
We reserve the right to review any Content and to exercise our sole discretion to edit or remove, in whole or in part, any Content at any time and for any reason, or to allow the person who originally posted the Content to do so.
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.
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. It is your responsibility 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.
This content licence policy sets out the terms between you (the Licensor) and us (FruitFame) under which you may access our website FruitFame.com (“our Site”). This policy applies to all users of, and visitors to, our Site.
FruitFame.com is a Site operated by Transformative Marketing Solutions (“we” or “us”). We are registered in the UK under company number 09128600.
Your use of our site means that you accept, and agree to abide by, all the policies in this content licence policy, which supplement our terms of website use also outlined on this page.
You (the Licensor) are the proprietor of the Intellectual Property Rights in the Content (defined below) and are giving FruitFame permission to use the Content on the Site. You might also operate a number of websites on different distribution channels offering Content and wish to allow FruitFame to use the Content on the Site. You have agreed that as the Licensor, you shall provide the Content to FruitFame and allow us to use the Content on the Site subject to the terms and conditions set out in this website.
Content shall be defined as, but is not limited to, all text, information, data, files, software, executable code, images, audio or video material in whatever medium or form provided to FruitFame by the Licensor for incorporation in the Site.
Grant of licence
You grant to FruitFame an exclusive, royalty-free, perpetual, irrevocable worldwide licence (including the right to sub-license) to the Content on the Site.
The licence permits FruitFame to:
You agree that you shall not:
You hereby irrevocably and unconditionally waive any and all moral and like rights that you have in your Content and agree that you will not make any claim against us or any party authorized by us to utilize the same based on moral or like rights. You agree at our request (but your cost) to perform all further acts (including executing documents) as are necessary to give effect to the foregoing.
All terms and conditions outlined on this site are between you and FruitFame. Exercising our rights or your rights in relation to these terms is not subject to the consent of any third party.
You are responsible for the accuracy and completeness of the Content. If the Content is in breach of any applicable law or regulation, you may, at your option, either remove the content or provide FruitFame with alternative Content so as to avoid the infringement.
FruitFame has no obligation to the Licensor, and undertakes no responsibility, to review the Content (including user-generated content) to determine whether any such Content may result in any liability to any third party.
Notwithstanding anything to the contrary contained in this licence, if FruitFame reasonably believes that any Content may create liability for us, we may remove such Content as we believe, in our sole discretion, is prudent or necessary to minimize or eliminate our potential liability.
Each party acknowledges and agrees for all purposes that all Marks associated with the other party or the other party's services, products, literature, promotional materials or otherwise, whether or not registered, constitute the other party's exclusive property.
You grant to FruitFame a non-exclusive, royalty-free licence to use those Marks of the Licensor. FruitFame shall use such Marks solely for the purposes of performing its obligations under this licence, including in connection with any advertising, marketing and promotional activities undertaken and materials developed pursuant to this licence.
All promotional literature and other materials prepared by either party in connection with its promotional obligations under this licence shall bear appropriate copyright and trade mark notices as prescribed by the party whose content or branding is included therein.
You shall not use, register or attempt to register in any jurisdiction, or otherwise appropriate or adopt, any name, mark or logo that is confusingly similar to any of Transformative Marketing Solutions' Marks.
At no time shall the Licensor attack, challenge or file any application with respect to any Transformative Marketing Solutions Mark.
Each party warrants to the other that it has full power and authority to enter into and perform this licence.
You warrant to FruitFame that the Content, the Licensor's Marks and the Delivery Materials:
Limitation of remedies and liability
FruitFame shall not be liable for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
Intellectual property rights
FruitFame retains all Intellectual Property Rights in the Site, the Derivative Works and its Marks, and nothing in this licence shall be taken to grant any rights to the Licensor in respect of such Intellectual Property Rights.
Title to and ownership of Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with the Licensor.
Any and all Visitor Data (such as name, address and email address) that is collected through any user registration process or otherwise shall be owned by FruitFame.
You shall indemnify FruitFame and its employees, owners, partners, associates, affiliates, subsidiaries, agents or subcontractors against all claims, liabilities, damages, injury, losses, costs and expenses arising out of any claim or action that FruitFame’s use of the Content, the Delivery Materials or the Licensor's Marks, duly approved in accordance with the provisions of this agreement, infringes the rights of or causes damage to any third party.
You undertake to keep us indemnified against all claims, liabilities, damages (actual and consequential), injury, losses, costs and expenses of every kind and nature incurred or suffered by us arising out of any breach, or claim of a breach, by you of any provision of these terms and conditions.
Transformative Marketing Solutions ("We") are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Transformative Marketing Solutions.
Information we may collect from you
We may collect and process the following data about you:
Uses made of the information
We use information held about you in the following ways:
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. We may use any of the following cookies:
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all, or parts of, our site.
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. We may share your information with selected third parties including:
We may disclose your personal information to third parties:
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing via the forms we use to collect your data. You can also exercise the right at any time by contacting us.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £150 to meet our costs in providing you with details of the information we hold about you.