FOB Ltd

Company number : 7172554

Registered in England

Registered address: c/o Wyatt Williams, April Cottage, School Road, Nomansland, Wiltshire SP5 2BY

Effective: 1st March 2010

1. Definitions

"Groups" means groups created by registered users within the Groups section of the Site.

“Businesses” means Businesses created by registered users within the Businesses section of the Site.

"Log In Details" means the email address given by you and the password created by you when you first register with the Site

"our Content" means information and software applications which we have written or commissioned and which is contained within the Site
a "registered user" means a user of the Site who has registered with the Site

"the Site" means FobNetworking.com and its directly associated domains

"user" means any user of the Site

"User Content" means written, photo or video content shared by registered users

"we" or "us" means FOB Ltd, a company registered in England with number 7172554, and "our" shall be interpreted accordingly

"you" means you, the user of the Site and "your" and "yourself" shall be interpreted accordingly

"your User Content" means User Content that you have posted or created on the Site

2. Introduction

The following terms constitute an agreement between you and us, the operator of the Site. These Terms of Use govern your use of the Site. By using the Site, and/or registering with us, you signify that you agree to these Terms of Use, that you consent to the information practices disclosed in our Privacy & Cookies Policy, and that you consent to resolve in the English courts any dispute that you may have with us.

Please note that we offer the Site "as is" and "as available" and without warranties (see paragraph 14 for more details on this). Whilst we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause.

The Site is for educational, information and social purposes only.

Additional terms may apply to:

• any purchases you make through the Site

• registration to the Website and/or any other email alert or other related services, in particular the terms and conditions of Pay Pal

• any poll, promotion, competition or draw appearing on the Site.

3. About the Site

The Site contains a range of trade information, related services and user generated content. This includes our Content and User Content.

User Content is not reviewed or moderated by us before it is posted. We are not in a position to verify User Content and can give no warranty that it is true and accurate or not misleading. The privacy settings of the Groups you are in dictate who has access to your User Content. You should be aware that the privacy settings of a Group you are in may be changed from time to time by the creator of the Group without reference to you.

Our Content and some User Content can be viewed without registering with us, but to interact with the Site, you must register.

We accept sponsorship on the Site on certain conditions

We use cookies on the Site, see our Privacy & Cookies Policy for more information.

4. Purpose of the Site

The information on the Site, both our Content and User Content, is for educational, information and social purposes only. It is intended to provide users in the shipping, transport, trade, finance and insurance industry with a medium in which they may interact.

You acknowledge that whilst we endeavour to ensure that information on the Site and any related material provided to you is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by us. Also, you acknowledge that some of the content may be supplied by third parties and the accuracy and completeness of it will not have been checked by us.

You are solely responsible for any decisions or actions you take based on the information on the Site.

5. Your use of our Content and Applications

All of our Content and the Applications available on or through the Site are owned by us and our contributors, and are protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. See paragraph 8 of these Terms of Use regarding ownership of and our rights to use User Content.

We give you permission to use our Content and the Applications for personal, not for payment purposes only as long as you credit us as the source and as long as you retain any copyright or trade mark notices on the Content/Applications. You may print single copies, download and store our Content and User Content you are authorised to view on the hard disk of a single computer and download the Applications for your own convenience, but you may not, without our permission, copy, reproduce, distribute, republish, adapt, edit or otherwise modify, disassemble, decompile, reverse engineer, broadcast, transmit, sell, rent, sub-licence, mine, exploit, frame, include within a database, news service or archive or scrape any of our Content, the Applications or any User Content, or exploit our Content, any of the Applications or any User Content for commercial gain or any commercial purpose.

Your use of any Application may be governed by the terms of a licence agreement that may accompany or be included with it. Do not install or use any such Application unless you agree to such licence agreement.

6. Your responsibilities

You confirm that:

• you will comply at all times with these Terms of Use

• all information and details you provide us on registration will be true and complete and that you will promptly update any information you provide to us, to keep it true and complete

• you will not provide any false personal information on the Site, including claiming false credentials

• when participating you will comply with the House Rules

• you will use the Site for lawful purposes only

• you will not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party´s use and enjoyment of the Site

• you will not attempt to gain unauthorized access to any user accounts, or computer systems or networks, or Groups, through hacking, password mining or any other means

• you will not conduct any systematic or automated data collection activities (including without limit scraping, data mining, data extraction and data harvesting) on or in relation to the Site

• you will not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, logic bombs, worm, keystroke logger, rootkit, other malicious computer software or any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

• you will not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM

• you will not allow others to use your account to violate any of these Terms of Use.

We may cancel or suspend your registration or access to the Site immediately and take other legal or technical action if you or anyone using your Log In Details (as defined below) breaches the letter or spirit of these Terms of Use. In addition, we may take any legal and technical remedies to prevent the breach of, and to enforce, these Terms of Use.

7. Registration

To interact with the Site, you must register.

You must be 18 years or over to register. If we discover or have any reason to suspect that you are not over 18 years of age, then we reserve our right to suspend or terminate your registration to the Site immediately and without notice.

We shall be entitled to refuse you the right to register on the Site at our absolute discretion and you accept that you will not be entitled to any justification or explanation on our part if we decide to refuse, cancel or suspend your registration.

During registration you will provide an e-mail address and create a password. These are your log in details for accessing those parts or functions of the Site that are only available to registered users. You will also select an on-screen name that will be your "On-screen name" on the Site. You may not use an On-screen name that is vulgar, attempts to impersonate another person, or violates the rights of others. If you wish to maintain your anonymity, we recommend that you do not include your real first or last name in your On-screen name and that you identify yourself at all times only by your On-screen name.

You accept full responsibility for all use of your account and for any actions that take place on the Site by anyone using your Log In Details so you must not share your Log In Details with anyone else, let anyone else use your Log In Details or do anything that jeopardises the security of your Log In Details. You will notify us immediately of any authorised use of your Log In Details or any other breach of security of which you become aware.

You will not create multiple registrations.

When you register, you must give us and thereafter keep up to date a valid personal email address that you access regularly so that moderation emails can be sent to you. Registrations using someone else´s email address, or with temporary email addresses, may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.

We ask you to update the voluntary information element of your user profile as and when your circumstances change.

We reserve the right to suspend or cancel registrations if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registrations, or if a user from one country pretends to be a user from another country, or disrupts any of our services in any way.

You may terminate your registration at any time. You may delete any of your User Content before terminating your registration, but please be aware that once you have terminated your registration, you will no longer have a profile and will not be able to remove any of your User Content.

8. User Content

You are solely responsible for your User Content. You may not post User Content that violates these Terms of Use or the House Rules, and we reserve the right to block your ability to post User Content and/or to access any part of the Group sections of the Site if you do. No User Content may contain any defamatory or illegal material of any nature. This includes text, graphics, video, programmes or audio. Posting User Content to the Site with the intention of committing or promoting an illegal act is strictly prohibited.

We respect the intellectual property rights of others and we prohibit users from including in any User Content any materials that violate another party´s intellectual property rights. When we receive notification of a potential copyright infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the registration of repeat infringers.

We may remove User Content from the Site for any reason, including User Content that:

• in our sole judgment violates these Terms of Use or the House Rules

• may be offensive, defamatory, illegal, or that may violate the rights, harm, or threaten the safety of other visitors or users, or other people in general

• has generated a complaint which warrants further investigation.

We are not, however, responsible for any failure or delay in removing User Content.

You may not include in User Content material that you did not create or that you do not have permission to post. You understand and agree that we are not obliged to review the Site for copyright infringement and are not responsible for content posted by third parties.

When you post User Content to any part of the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of that content.

By posting User Content to the Site you grant, and you promise that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty free, worldwide licence to use, copy, publicly perform, publicly display, adapt, reformat, translate, excerpt (in whole or in part) and distribute such content in any existing or future media for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content. You also waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any User Content. These rights end when you delete your User Content or terminate your registration, except to the extent your User Content has been shared with others, and they have not deleted it. Copyright in any of your User Content remains with you, and these permissions are not exclusive, so you can continue to use the material in any way, including allowing others to use it.

When you post User Content you authorise each member to use it for personal, non-commercial purposes only and to print, download and store it.

When you delete any of your User Content from the Site, the deleted content may persist in backup copies for a reasonable period of time, but will not be available on the Site to others.

While areas of the Site are monitored for topicality, we have no obligation to pre-screen or moderate User Content, and are not responsible for its content. We encourage you to notify us of inappropriate or illegal content by using the Report as inappropriate link. Keep in mind that User Content of others is simply their opinion and you should not rely on it.

For everyone´s safety, we reserve the right to review, either manually or using systematic or automated means, all User Content. This includes those belonging to a Business or Sponsor.

In addition to your User Content, we welcome your feedback and suggestions regarding our Site. You agree that we may use them without any obligation to compensate you for them, and that we will own all intellectual property that we create based upon or incorporating them.

9. Privacy

Your security and that of all our registered users is very important to us. Our Privacy & Cookies Policy explains the information practices that apply to the personal information we have about you, as well as the choices you can make about the ways this information is used.

10. Links to other sites

The Site may include links to other websites, including links provided as automated search results. If you use these links you leave the Site. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. We do not review these third party sites and do not control them, their content or availability. You acknowledge and agree that we are not responsible or liable for the content or accuracy or availability of these other sites. If you decide to access any of the third party sites linked from the Site, you do so entirely at your own risk.

11. Services offered on the Site

We currently offer the services on the Site for free but do not guarantee this will always be the case.
Certain services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular service and supplement these Terms of Use. If you choose to register for or access any such service, you will be presented with any relevant additional terms and conditions at that time. By using those services, you agree to comply with such additional guidelines and rules.
We may from time to time add new services, substitute a new service for an existing service, or discontinue an existing service. Information about new services will be included on the Site, and the use of new services will be governed by these Terms of Use.

12. Linking to FobNetworking.Com

You generally do not need to obtain our permission to put a text link on your site that links back to the Site. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:

• the link must be a text-only link that clearly includes the phrases "URL" or "SITE NAME" and you must not reproduce any of our logos or branding on your website

• the link must "point" to a page on www.FobNetworking.Com

• if the link points to any page on the Site other than the home page, the text link must also include the title of the target landing page

• the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our good name and trademarks

• the appearance, position and other aspects of the link must not create the false impression that an entity is associated with, sponsored by, or endorsed by us

• the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows

• the link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

13. International use

We cannot confirm that use of the Site outside of the United Kingdom is lawful and we cannot be held responsible for any consequences that follow if users access the Site outside of the United Kingdom. Accessing the Site from territories where the content is illegal is prohibited.

14. No Warranties

We will use all reasonable endeavours to correct any errors or omissions in our Content as soon as reasonably practicable once they have been brought to our attention.

We give no warranty whatsoever concerning User Content, including, but without limit, as to its accuracy, truthfulness or completeness.

We will use reasonable endeavours to ensure that the Site does not contain or promulgate any viruses or other malicious code. However, we do not warrant that functions available on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the security of data and we recommend that you should virus check all hardware and regularly check for the presence of viruses and other malicious code.

Access to the Site and the information on it and its services may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond our control.

15. General disclaimer and limitation of liability

We refer you to the specific provisions of the first two paragraphs under 4. (above) of these Terms of Use regarding the purpose of the Site and the disclaimers those paragraphs contain.

We accept liability for death or personal injury caused by our negligence or that of our employees and we do not seek to exclude liability for fraudulent misrepresentation by us or our employees. Subject to the first sentence in this paragraph we shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action. Subject to the first and second sentences in this paragraph, any liability of ours arising in respect of your use of the Site (whether in tort, contract or otherwise) shall be limited in aggregate to five hundred pounds sterling (£500) per event.

16. Breaches of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach, or we reasonably suspect that you have breached, these Terms of Use or other policies or terms in any way, or if there is any such breach or suspected breach by someone else using your Log In Details, or if you create any legal exposure for us, we may:

• delete any or all of your User Content

• send you one or more formal warnings

• temporarily suspend your registration

• cancel your registration

• temporarily or permanently prohibit you from accessing the Site

• block computers using your IP address from accessing the Site

• contact your internet services provider and request that they block your access to the Site, and/or

• bring court proceedings against you for breach of contract or otherwise.

Where we suspend or prohibit or block your access to a part of the Site, you must not take any action to circumvent such suspension or prohibition or blocking (including creating and/or using a different registration).

We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. Your right to use those services requiring registration will end once your registration is cancelled, terminated or suspended.

17. Indemnity

You agree to indemnify us and hold us harmless against any claim or damages (including any legal fees and costs in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from your use of any part of the Site and registration with us or arising from any breach or suspected breach of these Terms of Use by you or your violation of any law or the rights of any third party.

18. Changes to these Terms of Use

These Terms of Use and the various policies published from time to time on the Site govern your relationship with us. We may change these Terms of Use and policies at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site, we will let you know by noting on the Site that the Terms of Use or appropriate policy have been updated. If you disagree with the changes to these Terms of Use or policy, discontinue your use of the Site, or if you have registered, terminate your registration. We will note the last effective date of any change to these Terms of Use and policies. Your ongoing use of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Use and policies regularly.

19. Entire agreement

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

20. Trademarks

All trademarks appearing on the Site (including www. FobNetworking.com and associated logos) are the property of their respective owners, including us. No right, license or interest to such trademarks is granted by these Terms of Use and neither those trademarks nor any confusingly similar versions may be used by you including (but not limited to) as part of any trade marks and/or domain names without the prior written consent of their respective owners.

21. General

If we fail to enforce any of these Terms of Use, it will not be considered a waiver.

We shall not be liable for any failure or suspension of the Site, or for termination of access to the Site or access to any Site content, which arises from an event which is beyond our reasonable control. An event beyond our reasonable control shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting us or our suppliers.

In the event of any dispute between you and us concerning these Terms of Use, the relevant laws of England will apply. If you wish to take court proceedings against us you must do so in England.

All of our rights and obligations under these Terms of Use are freely assignable by us without your consent. You may not transfer any of your rights and obligations under these Terms of Use to anyone else.

22. Contact

If you need to contact us about anything on the Site please write to us at ContactUs@FobNetworking.com

House rules

You agree to use the Site and its directly associated domains in accordance with the following House Rules.

This is a community, so courtesy and compassion are important. Use good taste and manners and we encourage you to be open, honest and frank in your discussions.

Definitions given above in our Terms of Use, unless the context requires otherwise, also apply to these House Rules.

These guidelines apply to all content posted by users (together "Postings"). Postings are intended for the private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Notwithstanding anything else in these House Rules, use of the Site that is inconsistent with those stated purposes is strictly prohibited:

Acceptable behaviour

• Your Postings should be constructive and polite, not mean-spirited or contributed with the intention of causing trouble

• Respect other people´s opinions - if necessary, agree to disagree

• Stay in good taste when discussing sensitive topics

• Be patient - users of all ages and abilities may be taking part in the Group or Business dialogues

• Focus on the facts and don´t include rumours or second-hand stories about others

• Stay on topic. To change the subject, go to another area or create a new one

• Be fair and informative - include both the pluses and minuses of your experiences

• Your Postings should be in line with generally accepted standards of etiquette and behaviour on the internet
Unacceptable behaviour

• Illegal, unlawful, obscene or objectionable Postings

• Disruptive, offensive or abusive behaviour

• Behaviour that constitutes a criminal offence or that encourages others to commit or contemplate criminal offences

• Unlawful, harassing, menacing, blasphemous, hateful, defamatory, inflammatory, abusive, deceptive, offensive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material or behaviour is not acceptable

• Postings should not cause annoyance, inconvenience or needless anxiety

• Postings should not bring us, our trustees, our brand or any of our employees into disrepute or cause us unreasonable embarrassment

• Posting links to content that would not itself satisfy these guidelines

• "flaming" or conducting "flame wars" (sending hostile messages intended to insult, particularly where directed at a particular person or group of people)

• Deliberately upsetting or offending other users ("trolling")

• Posting content you do not have permission to post

• Unnecessarily submitting Postings in CAPITAL LETTERS

• Making Postings that are untrue, inaccurate or misleading

• Making statements of opinion unless you truly believe them

• Spamming

• Making submission of the same or very similar contributions many times, by you on your own or with others

• Using Postings to distribute or post chain letters, pyramid schemes or any similar material

• Pretending to be someone else or claim false credentials

• Deliberate misusing the complaints facility. Persistent misuse may result in your registration being suspended or cancelled.

If reported to us or identified by us, any Postings containing an imminent threat of serious physical harm to you or another person will be removed and may be reported to the appropriate authorities.

Language

Mild expletives are acceptable in appropriate contexts. However, strong vulgar language or crude sexual references (which we reserve the right to determine at our absolute discretion) are not.

Certain language has been banned from the Site, and you will not be allowed to use this in a Posting. You will be sent a warning and asked to submit alternative wording. We reserve the right to monitor all language used on the Site.

No advice

Postings are not verified by us, and do not constitute our advice or diagnosis. We refer you specifically to the first two paragraphs under 4. of the Terms of Use regarding the purpose of the Site.

Breaches of these guidelines

We do not edit Postings, but we retain the right to remove any Posting that we deem inappropriate.

Breaches of these guidelines may result in warning, a suspension or the cancellation of your Site registration.

User Content that is found to be in breach of these guidelines is subject to removal without notice. For everyone´s safety, we reserve the right to review all Postings, either manually or using systematic or automated means.

Please report abuse

You may come across things in the Site that you do not want to see. You can ignore it, but we prefer you to report it by clicking on the "Report as inappropriate" link.

Your feedback

Please give us your feedback on these rules by contacting the Editor at ContactUs@FobNetworking.com