Terms Of Use

These Terms of Use apply directly to the website www.fckall.com, and the following definitions apply to this document.
("the Site") ; The HTML, Javascript, PHP, SQL, CSS, navigation, GUI, structure, methodologies and behaviours of www.fckall.com and all sub domains.
("the Company") ; Managers, designers, developers and other official parties of the Site.
("the Users") ; Members, users and contributors to the Site.
("the Content") ; Any submitted content including, but not limited to, photographs, pictures, drawings, videos, movies, clips and text, such as comments, blogs and articles.
("You") ; The person or entity who has chosen to view the Site.

YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT, THEN YOUR USE OF THE SITE IS STRICTLY PROHIBITED AND YOU MUST IMMEDIATELY CEASE ACCESS TO THE SITE AND CONTENT. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use ("the Document"), at any time. It is your responsibility to check this document for changes. Your continued use of the Site after modifications to this document mean that you accept and agree to the changes.

Content Protection

The Content of the Site is solely the property of the Company or, where applicable, the Users. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, unless such Content was created by You. Without express prior consent from the Company, no part of the Site or Content may be copied, transmitted, printed, downloaded or distributed in any way to any other computer, website, forum or other medium (including non-electronic means) for publication or distribution whether for personal, non-profit or commercial use. Except for Content created by You, you may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited. This license is revocable at any time without notice and with or without cause.

Use of the Site

You may not use any “robot”, “spider” or other automatic device, program or methodology, or any similar or equivalent manual process, to access, copy or monitor any portion of the Site or Content, or in any way circumvent the navigational structure of the Site, to obtain or attempt to obtain any content through any means not purposely made available through the Site. You may not probe, scan or test the vulnerability of the Site nor breach the security or authentication measures on the Site. You may not use the Site or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.

Accounts, Passwords and Security

Certain content and features offered on the Site may require you to open an account (including setting up a user name and password). You are solely responsible for maintaining the confidentiality of your account information, and for all activity that occurs under your account. The Company does not control any content provided by the Users, which is made available through the Site. You may find said Content to be offensive, harmful, inaccurate, or deceptive. By using this Site, you agree to undertake this risk and agree that the Company is not responsible or liable in any manner for this. Although the Company provides guidelines for conduct, the Company does not control, and is not responsible for, what a User may submit to the Site. The Company assumes no responsibility for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site. The Company is not responsible for the conduct, whether online or offline, of any User. We may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in, fraudulent activity in relation to the Site. As part of your continued membership and participation in Site activities and operations, you may submit certain pieces of personal information that you see fit to do so. You understand that this information is available for any other user of the Site to view, transmit, modify and distribute, except where otherwise prohibited by these Terms of Use. If you do not agree with this statement then you are in no way obliged to disclose any personal information. Upon cancellation of your account, for any reason other than may be required by law, any information you have submitted to the Site will be permanently destroyed.

Original Content Submission

Certain features offered through the Site provide You with the ability to upload or otherwise submit Content. Depending upon the nature of the service, by submitting Content to the Site you grant the Company a licence that includes; worldwide, royalty-free, non-exclusive rights to modify (for formatting, maintenance, or administration purposes only) and reproduce that Content; rights to distribute and display such Content for the purpose for which the Content was submitted to the Site. This agreement will be in effect until said Content is removed from the Site. For Content such as comments, web logs, ratings and any other User information created through Your use of the Site, you grant the Company an unrestricted, worldwide, irrevocable license to use, display, modify, transmit, and distribute such Content, except where otherwise prohibited by these Terms of Use. You may only submit Content to the Site that is owned by You, for which you have obtained express permission of the owner, or for which by doing so you are acting within the scope of such Content's original licence.

Copyright Disputes

The Company respects the intellectual property of others. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("the DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the Company will to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may attempt to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The Company will terminate access to a User who repeatedly infringes the statutes set forth in this Document. To provide the Company with notice of an infringement, You must provide a written communication for the attention of abuse@fckall.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You will be liable for all associated damages if You materially misrepresent that an activity is infringing Your copyright. If the Company removes or disables access to Content in response to an infringement notice, the Company will make reasonable attempts to contact the User who created the affected Content. If you feel that the Content does not constitute infringement, You may provide the Company with a counter notification by written communication for the attention of abuse@fckall.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that You may be liable for all associated damages if You materially misrepresent that an activity is not infringing copyright. If You are uncertain whether an activity constitutes infringement, we recommended seeking advice of an lawyer.

Disclaimer

THE COMPANY IN NO WAY PROMISES THAT THE SITE OR CONTENT, OR FEATURE OF THE SITE WILL BE FREE OF ERRORS OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR ANY OTHER MALWARE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY SITES. The above disclaimer applies to any and all damages or liability caused by failure, errors, omissions, interruptions or delays in operation or transmission of the Site. The Company reserves the right to perform any of the following without prior notice or warning, at any time: modify, suspend or terminate operation of the Site, or any part of the Site, for any reason; modify or change the Site, or any part of the Site, and it's policies, for any reason.

Limitation of Liability

Unless prohibited by law, under no circumstances will the Company be liable to any user of the Site for any indirect, consequential, exemplary, incidental or punitive damages.

Indemnity

You agree to indemnify and account the Company totally harmless from any demands, loss, liability, claims or expenses (including legal fees), made against the Company by any third party due to, or in connection with, Your use of the Site.

Violations

The Company may disclose any information we have about You if it is determined that such disclosure is necessary to aid with any investigation or complaint regarding Your use of the Site. You agree that the Company may, at it's sole discretion and without prior notice, terminate, manipulate or block Your access to the Site if it is determined that You have violated this Document. You also agree that any violation of this Document, by You, will constitute an illegal act and/or criminal offence for which monetary damages would be inadequate, and You consent to the Company obtaining any equitable relief deemed necessary or appropriate for the incident. You agree that the Company may also, without prior notice, terminate, manipulate or block Your access to the Site, for any of, but not limited to: requests by law enforcement or other government agencies; requests by You; modification to the Site or any service on the Site; or unexpected technical issues.

Void Where Prohibited

The Site is operated and run from within the United Kingdom. Although the Site is accessible worldwide, not everything provided on the Site is available to persons in all geographic locations. The decision to access the Site from outside the United Kingdom, is based on Your initiative and You are responsible for complying with local laws.

Third Parties

This Site may contain links to third-party websites. These sites are provided solely as a convenience to our visitors. Such Sites are not under control of the Company, and as such the Company is not responsible for the content of such third-party sites, including any information or materials contained on third-party sites. The Site may contain RSS Feeds ("Feeds") from third-party sites or content providers. These Feeds are used with permission and remain the responsibility of the provider. The reproduction conditions on such Feeds are dictated by the content provider, and as such are not subject to the terms set forth in this document.

Miscellaneous

If any part of this Document is found by a court or other tribunal of competent jurisdiction to be void, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid replacement that best conveys the intent of the Document, so that this Document shall remain in full force and effect. This Document constitutes the entire agreement between You and the Company with regard to Your use of the Site, and any and all other written or verbal agreements or understandings previously existing between You and the Company with respect to such use are hereby cancelled and usurped.