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.