Terms & Conditions

WEBSITE TERMS OF USE

30M Limited trading as Fobzy.com, a company registered in England and Wales under company number 9386561 whose registered address is at First Floor of Dorna House Two, Guildford Road, West End, Surrey, GU24 9PW, hereinafter referred to as ‘Fobzy’ or ‘We’ set out the following terms and conditions upon which Fobzy offers a Fobzy Member use of the Fobzy Platform by way of the Fobzy Services herein referred to as ‘You’ and ‘Your’ a licence to use www.Fobzy.com (the ‘Site’) and the Fobzy Services (‘Fobzy Services’) (the ‘Terms’).

1. GENERAL
1.1 The Site and the Fobzy Services may include, but are not limited to, the provision of a platform whereupon user-generated-content (‘UGC’) may be uploaded, posted and accessed which may include text, reviews, articles, images, graphics, photos, stories, audio, video, software, audiovisual combinations as well as interactive features (including file-sharing facilities by way of the social media icons where applicable) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for Your use and for the use by a Fobzy Member (or a visitor to the Site as the case may be) to the extent permitted by the functionality of the Site.
1.2 By using any of the Fobzy Services and the Site, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and the Fobzy Services. These Terms form a legally binding agreement between You and Fobzy and apply to all Fobzy Members of the Site who may also be contributors of UGC posted on the Site.
1.3 You should read these Terms carefully and ensure that You understand the effect before proceeding to use the Site. If You disagree with any part of these Terms, do not use the Site. If You violate these Terms, Fobzy may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You. Fobzy reserves the right to change these Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that Fobzy will treat Your use of the Site and/ or the Fobzy Services as acceptance of the Terms including Your continued use subsequent to any changes being posted on the Site.
2. Fobzy CONTENT ON THE SITE
With the exception of UGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site constitutes “Fobzy Content” and is either owned by, or licensed to, Fobzy and is subject to copyright, trade mark rights, and other intellectual property rights of Fobzy and licensors of Fobzy. Such Fobzy Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Fobzy Content not uploaded or posted by You are trade or service marks of their respective owners. Such Fobzy Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Fobzy or, where applicable, the licensors of Fobzy. Fobzy and/ or its licensors reserve all rights not expressly granted in and to their Fobzy Content.
3. COPYRIGHT LICENCE
We will terminate the privileges of any Fobzy Member who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Fobzy Members who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the Fobzy Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing Fobzy Member’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a Fobzy Member’s right to use or access the Site prior to that time if We believe that the alleged infringement has occurred.
4. GENERAL RESTRICTIONS ON USE
Subject to the following express restrictions, Fobzy grants You permission to access and use the Site and the Fobzy Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms on Your part. You agree:

  1. not to sell, license, rent, distribute or otherwise exploit any UGC or Fobzy Content for any other purposes without the prior written consent of Fobzy or the respective licensors of the UGC or the Fobzy Content;
  2. not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site or the Fobzy Services including but not limited to any UGC or Fobzy Content, in any medium without Fobzy’s prior written authorisation, unless Fobzy makes available the means for such activity through the functionality offered by the Fobzy Services such as facilitating your sharing of Fobzy Shared Links;
  3. not to establish a link including a Fobzy Shared Link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
  4. not to establish a link to our Site in any website that is not owned by You other than a Fobzy Shared Link that is being shared for the purposes of the Fobzy Program;
  5. not to access UGC or Fobzy Content through any technology or means other than the Site itself or such other means as Fobzy may explicitly designate for this purpose;
  6. not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, viruses, trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
  7. not to 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;
  8. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any Fobzy Member of the Site or the Fobzy Services;
  9. not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
  10. not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Fobzy Services or features that (i) prevent or restrict use or copying of UGC or Fobzy Content; or, (ii) enforce limitations on the use of the Fobzy Services or the accessible UGC or Fobzy Content;
  11. not to access or attempt to use the Fobzy Login of other Fobzy Members or penetrate or attempt to penetrate Fobzy’s security measures;
  12. not to alter or modify any part of the Site or any of the Fobzy Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

By breaching certain provisions above, 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. 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.
5. PROHIBITED CONTENT
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site (or via the Site) or in any way connected with the Site, that:

  1. is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. could be harmful to minors or vulnerable adults;
  3. could be seen to incite abusive behaviour to another person or harasses or advocates harassment of another person;
  4. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  5. promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  6. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. displays pornographic or sexually explicit material of any kind;
  9. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits Personal Data from anyone under 18;
  10. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Fobzy Members; and,
  12. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
6. PRIVACY AND CONFIDENTIALITY
These Terms incorporate our Privacy Policy and Cookie Policy by these references which apply in full to Your use of the Site and the Fobzy Services.
7. AVAILABILITY AND SECURITY OF THE SITE
7.1 Fobzy shall use reasonable efforts to ensure that scheduled maintenance downtime is kept to a minimum in accordance with industry standards and, where possible, scheduled downtime shall be completed outside of normal UK working hours.
7.2 Unscheduled emergency maintenance may be required at any time. Fobzy agrees however, to use all reasonable efforts to keep emergency maintenance to a minimum and reduce the effects of any emergency maintenance required.
7.3 Fobzy does not warrant the validity and accuracy of information on the Site or the Fobzy Services or that the Site is kept up-to-date. The Site and its content and the Fobzy Services are delivered on an “as-is” and “as-available” basis. Fobzy shall use reasonable endeavours to ensure that the Site, the Fobzy Services and any information it holds on You are kept secure. However, due to the nature of the internet, Fobzy does not represent or warrant to You that:

  1. Your use of the Site and/ or the Fobzy Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
  2. Your use of the Fobzy Services will meet Your requirements;
  3. any information obtained or downloaded by You as a result of Your use of the Fobzy Services will be accurate, reliable or free of viruses or contamination or destructive features;
  4. Your shared UGC will not be used by a third party in various ways;
  5. there will not be any defects in the operation or functionality of any software provided to You as part of the Fobzy Services; and,
  6. those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
8. HYPERLINKS AND SEARCH RESULTS
The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and Fobzy do not endorse such websites (including Fobzy Retailer Sites) or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website or to share Fobzy Shared Links, You agree and understand that You may not make any claim against Fobzy for any damages or Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. Fobzy advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. Fobzy not be liable for any loss or damage that may arise from your use of such links.
9. SUSPENSION AND TERMINATION
9.1 You acknowledge that Fobzy has no obligation to monitor any UGC provided by Fobzy Members. You further understand and agree that in Fobzy’s sole discretion, and without prior notice, Fobzy may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Fobzy Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if Fobzy believes that the UGC You provided has violated or is inconsistent with the Licence or has violated the rights of Fobzy or a Fobzy Member. Notwithstanding this, You are solely responsible for, and bear the legal risk associated with such UGC anywhere in the world.
9.2 Fobzy may release Fobzy Member information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.
9.3 You agree that monetary damages may not provide a sufficient remedy to Fobzy for violations of these Terms and You consent to injunctive or other equitable relief for such violations.
9.4 11.4 You acknowledge and agree that to improve the Site and/ or the Fobzy Services, Fobzy may stop (permanently or temporarily) providing the Fobzy Services (or any features within the Fobzy Services) to You generally at Fobzy’s sole discretion, without prior notice to You.
10. Fobzy MEMBER WARRANTIES
10.1 You represent and warrant that:

  1. You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable Fobzy to use or display Your UGC in the manner contemplated by these Terms;
  2. You are happy to share Your UGC with Fobzy Members as the case may be who access and/ or register on the Site where applicable;
  3. You will not post nor upload any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for Fobzy to use or possess in connection with the provision of the Fobzy Services; and,
  4. the UGC that You submit to Fobzy will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Fobzy the IP Licence referred to in Clause 2 above.
11. LIABILITY
11.1 Nothing in this Clause 13 shall exclude or restrict liability for:

  1. fraudulent misrepresentations;
  2. any liability where the law does not permit such exclusion of liability; and,
  3. death or personal injury arising from negligence.
11.2 Fobzy shall not be in breach of any of its obligations under these Terms which arise or occur due to the act, omission, default of You or Your failure to comply with any of Your obligations
11.3 Subject to Clause 13.1, Fobzy shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of the Site and/ or the Fobzy Services or, any loss or damage which may be incurred by You as a result of:

  1. any breach by You of these Terms or breach of warranty by You or the acts or omissions of You including Your use of, or inability to use, the Site and/ or the Fobzy Services;
  2. any reliance placed by You on the completeness, accuracy or existence of any UGC including Fobzy Content;
  3. any changes which Fobzy may make to the Fobzy Services, or for any permanent or temporary cessation in the provision of the Fobzy Services (or any features within the Fobzy Services);
  4. the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Fobzy Services;
  5. the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and,
  6. the acts, omissions and conduct of any Fobzy Members in connection with or otherwise related to Your use of the Site and/ or the Fobzy Services.
11.4 The limitations on Fobzy’s liability to You in this Clause 13 shall apply whether or not Fobzy has been advised of, or should have been aware of, the possibility of any such Losses arising.
11.5 You shall indemnify and hold harmless Fobzy on demand, and shall keep Fobzy fully and effectively indemnified against any and all Losses incurred by or asserted against Fobzy, arising out of or in connection with:

  1. any breach of the Licence by You (other than and to the extent that any losses arise directly from breach of these Terms by Fobzy or through Fobzy’s negligence);
  2. any action or claim that any part of the UGC uploaded by You to the Site is infringing the intellectual property rights of a third party or is deemed inappropriate content; and,
  3. any breach by a third party arising out of Your use of the Site and/ or the interactive Fobzy Services.
11.6 Different limitations and exclusions of liability will apply to liability arising from the Privacy Policy which are set out in the relevant policy as between You and Fobzy.
11.7 Except as expressly set out in these Terms, Fobzy gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
12 ENTIRE AGREEMENT/ SEVERABILITY
These Terms incorporate our Cookie Policy, Fobzy Member Licence, Privacy Policy, by this reference as applicable which together constitute the entire agreement between You and Fobzy in relation to Your use of the Site and/ or the Fobzy Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of these Terms, the remaining terms shall remain valid and in force.
13. ASSIGNMENT
These Terms shall be personal to You and You may not assign, transfer, lease or delegate all or any of your rights and obligations, without the prior written consent of Fobzy. Fobzy reserves the right to assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as Fobzy or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
14. NO WAIVER
Failure by either Fobzy or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
15. THIRD PARTY RIGHTS
You may enforce these Terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999). Except as provided above, these Terms do not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
16. LAW AND JURISDICTION
If You are not happy with the way Fobzy deal with any dispute or disagreement between You and Fobzy and You want to take court proceedings, You must do this within England. Relevant English law will apply to the Licence and the relevant courts of England will have exclusive jurisdiction in relation to these Terms.
This Statement was last updated on 21st May 2018.

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