YOUR ATTENTION IS IN PARTICULAR DRAWN TO OUR TERMS GOVERNING LIMITATION OF LIABILITY AT PARAGRAPH 9 AND PARAGRAPH 10 AND THE INDEMNITY THAT YOU GIVE US AT PARAGRAPH 5.3.3 BELOW.
1. OTHER APPLICABLE TERMS
Our Acceptable Use Policy , which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
2. INFORMATION ABOUT US
The site is operated Fightback Online Ltd (“us” or “we“).We are registered in England and Wales under registered number 10067283. Our registered office address is 23 Stuart Avenue, Walton-on-Thames, Surrey KT12 22AB
3. ACCESSING AND USING OUR SITE
3.1 Our site is made available free of charge, although we reserve the right to introduce charges for certain features or services.
3.2 Access to our site is not intended for those under the age of 16. If you are under the age of 16, please do not use, register with or provide any personal information to our site.
3.3 Access to our site is permitted on a temporary basis. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted and we reserve the right to suspend, discontinue, withdraw or amend the service we provide on our site without notice. From time to time, we may restrict access to some parts of our site, or our entire site, to all users and, if the need arises, we may close the site indefinitely. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
3.4 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.5 If you wish to submit content to our site you must in addition register with our site (see paragraph 4 below) and comply with the content standards set out in our Acceptable use Policy.
3.6 Our site is provided for private and non-commercial use only. You agree not to use our site for any public, business or commercial purposes.
4. REGISTERING WITH OUR SITE
4.1 For the purpose of the following paragraphs:
4.1.1 “PM” means a private message sent directly from one registered user to another;
4.1.2 “Post” means any textual message or comment (which shall include any signature contained therein) which you and other users of our site submit for publication on our site; and
4.1.3 “User Content” means Posts, PMs, avatars, profile pictures, images and any other form of user-generated content which is submitted to and appears on our site.
4.2 If you wish to submit User Content to our site, you will first need to register by visiting the registration page
4.6 You must not choose a custom avatar or profile picture which is inappropriate, offensive or otherwise in breach of the content standards set out in our Acceptable Use Policy. We have the right to remove any avatar or profile picture which in our sole opinion does not comply with such content standards. In the event that there is a dispute concerning the use of the same custom avatar by two or more users the user which first adopted the custom avatar shall retain the custom avatar provided it complies with our content standards and the subsequent user(s) shall be required to choose a different avatar.
5. SUBMITTING CONTENT TO OUR SITE
5.1 Whenever you make use of a feature that allows you to submit User 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.
5.2 All User Content must be your own original work.
5.3 By submitting User Content for publication on our website you:
5.3.2 warrant that any User Content submitted by you complies with the content standards set out in our Acceptable use Policy ; and
5.3.3 agree that you will be liable to us and indemnify us for any breach of the warranty in paragraph 5.3.2 above in accordance with our Acceptable use Policy. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5.4 You may edit your own Post at any time within three days of its publication on our site, following which time you must contact a moderator or site administrator to edit a Post. Please be aware that your Posts may be quoted in whole or in part in the Posts of other users of our site before you are able to edit your Post. If you edit a Post which has already been quoted in the Post of another user, the content of your Post which appears in such quote will not be updated to reflect the changes you have made to the original Post. 5.5 Subject to paragraph 5.6, all User Content submitted to our site will be considered non-confidential.
5.7 We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes an infringement of their intellectual property rights, or of their right to privacy.
5.9 We have the right to move, edit, close or delete any thread for any reason, including but not limited to the more efficient administration or organisation of the site.
5.10 Please also refer to the paragraph dealing with Copyright below.
6. NOTICE AND TAKE DOWN POLICY
7.1 By submitting User Content to the website, you agree to grant us a non-exclusive licence to use that User Content, except where such User Content consists of a PM. Although you will still own the copyright in your User Content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your User Content (excluding PMs) on the website. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your User Content (excluding PMs) in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
7.2 Please also note that, in accordance with the content standards set out in our Acceptable use Policy you must ensure that your User Content does not infringe any copyright, database right, trade mark or Intellectual Property of any other person. By submitting your User Content to the website, you are warranting that you have the right to grant us the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to us, please do not submit the User Content to our site.
8. OUR INTELLECTUAL PROPERTY
8.1 In this paragraph, “Intellectual Property” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
8.2 We are the owner or the licensee of all rights in and to the Intellectual Property in our site. This site and all content displayed on it are protected by copyright laws and treaties around the world. All such rights are reserved.
8.3 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.
8.4 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.
8.5 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
8.6 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9.1 We do not provide legal advice on our site and nothing on our site (including but not limited to User Content) shall be construed as legal advice.
9.2 All content on our site (including but not limited to User Content) is provided for general information only without any guarantees, conditions or warranties as to its accuracy. It is not intended to amount to advice (of any nature) upon 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.
9.3 We do not routinely vet, check or review any third-party material prior to publication on the site (including but not limited to User Content) and nor do we endorse such material in any way. We draw your attention in particular to the fact that this site is intended as a discussion forum for lay members of the public. We do not represent that any third-party contributor is qualified to provide legal advice and you therefore rely on any User Content or other materials provided by such third parties entirely at your own risk.
9.4 Although we aim to update our site regularly, we are under no obligation to do so and any of the material on our site may be out of date at any given time.
10. LIMITATION OF OUR LIABILITY TO YOU
10.2 Subject to paragraph 10.1, we, other members of our group of companies and third parties connected to us hereby expressly exclude to the extent permitted by law:
10.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
10.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any user 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, including, without limitation any liability for:
10.2.2.1 loss of income or revenue;
10.2.2.2 loss of business;
10.2.2.3 loss of profits or contracts;
10.2.2.4 loss of anticipated savings;
10.2.2.5 loss of data;
10.2.2.6 loss of goodwill;
10.2.2.7 wasted management or office time; and
10.2.2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
10.4 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and we expressly exclude liability for any loss or damage that may arise from your use of them. You use any third-party sites and resources at your own risk and you are responsible for assessing the suitability of any goods or services advertised by such third parties before signing up or placing an order for such goods or services.
10.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
12. VIRUSES, HACKING AND OTHER OFFENCES
12.1 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 programmes and platform in order to access our site. You should use your own virus protection software.
12.2 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised 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.
12.3 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.
13. LINKING TO OUR SITE
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
13.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use Policy.
14. JURISDICTION AND APPLICABLE LAW
14.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
15. TRADE MARKS
The word marks “Fightback Online”, “FIGHTBACK Online”, “Fightback ONLINE”, “Fightback Ninja ”, “FIGHTBACK Ninja”, “Fightback NINJA” and the associated logos featured on our site are the trademarks of Fightback Online Ltd. or its licensors.
Thank you for visiting our site.
This Acceptable Use Policy sets out the terms between you and us under which you may access www.fightbackonline.org (our "site"). It applies to all users of, and visitors to, our site.
Any definitions used in this Acceptable Use Policy shall have the same meanings as provided in our Terms of Website Use.
The site is owned and operated by Fightback Online Ltd ("us" or "we"). We are registered in England and Wales under registered number 10067283. Our registered office address is 23 Stuart Avenue, Walton-on-Thames, Surrey KT12 2AB.
1. PROHIBITED USES
1.1 You may only use our site for lawful purposes. You may not use our site:
1.1.1 in any way that breaches any applicable local, national or international law or regulation;
1.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.1.3 for the purpose of harming or attempting to harm any person in any way;
1.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
1.1.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards ;
1.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
1.2 You also agree:
1.2.1 not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use
1.2.2 not to access without authority, interfere with, damage or disrupt:
220.127.116.11 any part of our site;
18.104.22.168 any equipment or network on which our site is stored;
22.214.171.124 any software used in the provision of our site; or
126.96.36.199 any equipment or network or software owned or used by any third party.
2. INTERACTIVE SERVICES
2.1 We may from time to time provide interactive services on our site, including, without limitation:
2.1.1 chat rooms;
2.1.3 message boards;
2.1.4 private messaging;
2.1.6 the ability to leave feedback for others;
2.1.7 the ability to comment on various news items,
2.2 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.
2.3 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. You acknowledge that our Interactive Services are not designed for or targeted at children.
2.4 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.
3. CONTENT STANDARDS
3.1 These content standards apply to all User Content submitted for publication on our site by you and other users of the site, and to any Interactive Services associated with it.
3.2 You acknowledge that the nature and intention of this website is to share information about consumer and finance-related issues and to provide a forum to enable users to share and discuss their experiences in this area. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any User Content as well as to its whole.
3.3 We may at our entire discretion, and for any reason, refuse any User Content or refuse to allow any person to become a registered user if we do not consider that such content or user is in compliance with the terms of this Acceptable Use Policy.
3.4 Your attention is drawn to our Notice and Take Down Policy, which can be found in our Terms of Website Use. You are required to comply with the terms of our Notice and Take Down Policy.
3.5 User Content must:
3.5.1 be relevant to the nature and intention of the site as described in paragraph 3.2 above (except where off-topic discussion is expressly permitted on our site);
3.5.2 be true, accurate and complete in all respects and not misleading (where it states facts);
3.5.3 be genuinely held (where it states opinions);
3.5.4 comply with all applicable laws in the UK;
3.5.5 comply with the British Code of Advertising, Sales, Promotions and Direct Marketing Practice;
3.5.6 comply with any technical requirements that we request that you adhere to, including but not limited to standard, format, quality of reproductions, text, style, file format and wording.
3.6 User Content must not:
3.6.1 contain any material which is defamatory of any person;
3.6.2 contain any material which is obscene, offensive, hateful or inflammatory;
3.6.3 contain the name or contact information of, or a web link to, any commercial website;
3.6.4 offer credit;
3.6.5 suggest or imply in any way that you have qualifications or accreditations that you do not genuinely hold;
3.6.6 be a financial promotion within the meaning of the Financial Services and Markets Act 2000 (as amended);
3.6.7 offer any promotion, game, prize or competition contrary to any applicable legislation;
3.6.8 in any way damage or risk damaging our goodwill, brand or reputation;
3.6.9 disparage any other person or their business, product or service;
3.6.10 promote sexually explicit material;
3.6.11 promote violence;
3.6.12 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.6.13 infringe any copyright, database right, trade mark or other Intellectual Property Right of any other person;
3.6.14 be likely to deceive or mislead any person;
3.6.15 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.6.16 promote any illegal activity;
3.6.17 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
3.6.18 be likely to harass, upset, embarrass, alarm, bully or annoy any other person;
3.6.19 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
3.6.20 give the impression that they emanate from us, if this is not the case;
3.6.21 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. CONSEQUENCES OF BREACHING THIS POLICY
4.1 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.
4.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Website Use on which you are permitted to use our site, and may result in our taking all or any of the following actions:
4.2.1 immediate, temporary or permanent withdrawal of your right to use our site;
4.2.2 immediate, temporary or permanent removal of any User Content submitted by you to our site;
4.2.3 issue of a warning to you;
4.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
4.2.5 further legal action against you;
4.2.6 disclosure of such information to law enforcement authorities and the courts as we reasonably feel is necessary or as required by law.
4.3 We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
4.4 You agree to indemnify us and keep us indemnified in respect of any liabilities, losses, expenses or other costs (including but not limited to all costs and expenses, including any VAT thereon, which we may incur in connection with the defence of such claims) howsoever incurred as a result of a breach of your obligations under this Acceptable Use Policy or our Notice and Takedown Policy, which can be found in our Terms of Website Use , including but not limited to any claims or proceedings made against us by any third party.
User Content is not generally moderated, although we reserve the right to moderate it. We will not be responsible as author, editor or publisher of any User Content and we expressly exclude our liability for any loss or damage arising from the use of our site by any person in contravention of this Acceptable Use Policy. We reserve the right to promptly remove, or to disable access to, any User Content which we deem to be or which is notified to us as being potentially defamatory of any person, unlawful, in violation of any third party rights or in contravention of this Acceptable Use Policy.
6. CHANGES TO THIS POLICY
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.
www.fightbackonline.org is a FREE website offering help, support and debate to help people fight back against Email and Telephone Scammers, Spammers and Time-Wasters. Our users and team are all volunteers and give information and support without liability. If in doubt seek professional legal advice.
We take privacy very seriously and do not currently collect any data except for allowing Google Analytics to run.
A cookie is a small piece of data sent from a website and stored in the user's web browser while the user is browsing. Every time the user loads a website page, the browser may send the cookie back to the server to notify the website of user’s activity. This enables the website to identify and track the user.
We may use both "session" cookies and "persistent" cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; We will use the persistent cookies to: enable our website to recognise you when you visit. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date. Our advertisers/payment services providers and Google may also send you cookies.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector.) This will, however, have a negative impact upon the usability of many websites, including this one.