Fuzzfix WEBSITE TERMS OF USE
30M Limited trading as fuzzfix.com, a company registered in England and Wales under company number 9386561 whose registered address is at 1 The Square, Lightwater, Surrey, GU18 5SS, hereinafter referred to as ‘fuzzfix’ or ‘We’ set out the following terms and conditions upon which fuzzfix offers a fuzzfix Member use of the fuzzfix Platform by way of the fuzzfix Services herein referred to as ‘You’ and ‘Your’ a licence to use fuzzfix.localdev (the ‘Site’) and the fuzzfix Services (‘fuzzfix Services’) (the ‘Terms’).

1. GENERAL
1.1 The Site and the fuzzfix 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 fuzzfix 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 fuzzfix Services and the Site, You expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site and the fuzzfix Services. These Terms form a legally binding agreement between You and fuzzfix and apply to all fuzzfix 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, fuzzfix may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You. fuzzfix 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 fuzzfix will treat Your use of the Site and/ or the fuzzfix Services as acceptance of the Terms including Your continued use subsequent to any changes being posted on the Site.
2. fuzzfix 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 “fuzzfix Content” and is either owned by, or licensed to, fuzzfix and is subject to copyright, trade mark rights, and other intellectual property rights of fuzzfix and licensors of fuzzfix. Such fuzzfix Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on fuzzfix Content not uploaded or posted by You are trade or service marks of their respective owners. Such fuzzfix 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 fuzzfix or, where applicable, the licensors of fuzzfix. fuzzfix and/ or its licensors reserve all rights not expressly granted in and to their fuzzfix Content.
3. COPYRIGHT LICENCE
We will terminate the privileges of any fuzzfix 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, fuzzfix 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 fuzzfix Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing fuzzfix Member’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a fuzzfix 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, fuzzfix grants You permission to access and use the Site and the fuzzfix 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 fuzzfix Content for any other purposes without the prior written consent of fuzzfix or the respective licensors of the UGC or the fuzzfix 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 fuzzfix Services including but not limited to any UGC or fuzzfix Content, in any medium without fuzzfix’s prior written authorisation, unless fuzzfix makes available the means for such activity through the functionality offered by the fuzzfix Services such as facilitating your sharing of fuzzfix Shared Links;
  3. not to establish a link including a fuzzfix 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 fuzzfix Shared Link that is being shared for the purposes of the fuzzfix Program;
  5. not to access UGC or fuzzfix Content through any technology or means other than the Site itself or such other means as fuzzfix 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 fuzzfix Member of the Site or the fuzzfix 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 fuzzfix Services or features that (i) prevent or restrict use or copying of UGC or fuzzfix Content; or, (ii) enforce limitations on the use of the fuzzfix Services or the accessible UGC or fuzzfix Content;
  11. not to access or attempt to use the fuzzfix Login of other fuzzfix Members or penetrate or attempt to penetrate fuzzfix’s security measures;
  12. not to alter or modify any part of the Site or any of the fuzzfix 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 fuzzfix 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 fuzzfix Services.
7. AVAILABILITY AND SECURITY OF THE SITE
7.1 fuzzfix 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. fuzzfix 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 fuzzfix does not warrant the validity and accuracy of information on the Site or the fuzzfix Services or that the Site is kept up-to-date. The Site and its content and the fuzzfix Services are delivered on an “as-is” and “as-available” basis. fuzzfix shall use reasonable endeavours to ensure that the Site, the fuzzfix Services and any information it holds on You are kept secure. However, due to the nature of the internet, fuzzfix does not represent or warrant to You that:

  1. Your use of the Site and/ or the fuzzfix 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 fuzzfix Services will meet Your requirements;
  3. any information obtained or downloaded by You as a result of Your use of the fuzzfix 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 fuzzfix 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 fuzzfix do not endorse such websites (including fuzzfix 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 fuzzfix Shared Links, You agree and understand that You may not make any claim against fuzzfix for any damages or Losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another website. fuzzfix advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit. fuzzfix 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 fuzzfix has no obligation to monitor any UGC provided by fuzzfix Members. You further understand and agree that in fuzzfix’s sole discretion, and without prior notice, fuzzfix may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the fuzzfix Services at any time or exercise any other remedy available and modify or delete any unauthorised UGC, if fuzzfix believes that the UGC You provided has violated or is inconsistent with the Licence or has violated the rights of fuzzfix or a fuzzfix Member. Notwithstanding this, You are solely responsible for, and bear the legal risk associated with such UGC anywhere in the world.
9.2 fuzzfix may release fuzzfix 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 fuzzfix 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 fuzzfix Services, fuzzfix may stop (permanently or temporarily) providing the fuzzfix Services (or any features within the fuzzfix Services) to You generally at fuzzfix’s sole discretion, without prior notice to You.
10. fuzzfix 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 fuzzfix to use or display Your UGC in the manner contemplated by these Terms;
  2. You are happy to share Your UGC with fuzzfix 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 fuzzfix to use or possess in connection with the provision of the fuzzfix Services; and,
  4. the UGC that You submit to fuzzfix 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 fuzzfix 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 fuzzfix 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, fuzzfix 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 fuzzfix 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 fuzzfix Services;
  2. any reliance placed by You on the completeness, accuracy or existence of any UGC including fuzzfix Content;
  3. any changes which fuzzfix may make to the fuzzfix Services, or for any permanent or temporary cessation in the provision of the fuzzfix Services (or any features within the fuzzfix 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 fuzzfix 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 fuzzfix Members in connection with or otherwise related to Your use of the Site and/ or the fuzzfix Services.
11.4 The limitations on fuzzfix’s liability to You in this Clause 13 shall apply whether or not fuzzfix 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 fuzzfix on demand, and shall keep fuzzfix fully and effectively indemnified against any and all Losses incurred by or asserted against fuzzfix, 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 fuzzfix or through fuzzfix’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 fuzzfix 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 fuzzfix.
11.7 Except as expressly set out in these Terms, fuzzfix 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, fuzzfix Member Licence, Privacy Policy, by this reference as applicable which together constitute the entire agreement between You and fuzzfix in relation to Your use of the Site and/ or the fuzzfix 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 fuzzfix. fuzzfix 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 fuzzfix 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 fuzzfix 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 fuzzfix deal with any dispute or disagreement between You and fuzzfix 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.