ANY PERSON OR ENTITY (“User”) VISITING, USING OR OTHERWISE ACCESSING THE SITE AT https://www.foxymonkey.com/ (“Site”) OR ANY OF THE INFORMATION CONTAINED IN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT (“Agreement”):
- This Site, together with all content, data and other materials contained on the Site (“Content”) is owned or controlled by Foxy Monkey Ltd, a company registered in England and Wales with number 11604123. Foxy Monkey Ltd is referred to in these terms and conditions as “we”, “us” or “our”.
- This Site is intended for reference purposes only and use of the Site and/or the Content is entirely at your own risk. Please note that whilst we endeavour to provide accurate and useful information, the Content may not be wholly accurate or up-to-date and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. You should always carry out your own research and/or take specific professional advice before choosing any financial products or services or undertaking any business or financial venture. Please note that Foxy Monkey Ltd does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements.
- https://www.foxymonkey.com/ provides links to other third-party websites. These links are provided for your convenience and Foxy Monkey Ltd: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and (iii) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked websites, you do so at your own risk.
- Any other website may link to our Site, provided it links only to the homepage, does not imply any endorsement of its products or services by Foxy Monkey Ltd, does not misrepresent its relationship with or present false information about Foxy Monkey Ltd, does not infringe any intellectual property or other rights of any person and complies with all relevant laws and regulations. Please note, however, that foxymonkey.com reserves the right to withdraw such permission at any time and to take any other appropriate action.
- Foxy Monkey Ltd, unless otherwise stated, owns or controls all copyright, database and all other intellectual property rights in the Site and the Contents. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by the UK or local law.
- If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our privacy policy. You further agree that if you submit any material to us other than Personal Data, you agree to grant to us a perpetual, royalty-free, worldwide, non-exclusive licence to use your contribution in all media, and you warrant that all such materials are original, that you have the right to grant such licence and you agree to waive your moral rights for the purposes of such licence. If you do not want to grant these rights, please do not submit your contribution to the Site.
- Blog comments or message boards or communications with other users: by using this feature, Users agree to adhere to the general board guidelines and all our terms and conditions, with particular attention to the following: Users will not post spam or off-topic material. Users will not post adverts or the URL or other address details of businesses or organisations with which they are involved or stand to gain financially. Users will not post chain letters or pyramid schemes. Users will not post malicious, threatening, unlawful, defamatory or objectionable content. Posts will be Users’ own original work. Users will not post material to which they do not have the consent. Users will not intentionally supply false information. Foxy Monkey reserves the right to delete any content or User accounts or take other action as necessary without notice. Users will pay attention to and abide by any changes to the terms and conditions after they have created their account. We take all abuses very seriously. Please use the ‘contact’ form provided on the website if you believe you have been threatened or harassed.
- Any comments left on the blog are the views of the User rather than Foxy Monkey. By allowing comments to remain does not mean that Foxy Monkey endorses the views or information contained within. We cannot take responsibility for the accuracy of the information posted by users.
- In consideration for having privileged access to and receiving the protected content, information, data and other material within the private pages of the Site (“Confidential Information”), you agree to keep secret and protect the Confidential Information, to use it only for your own private purposes and not to disclose it to any third party for any commercial purpose or gain. This paragraph does not apply, however, to any information which User can establish to have: (i) become publicly known through no breach of this Agreement; (ii) been known by User prior to receipt; (iii) been independently developed by User; (iv) been approved for public release by Foxy Monkey Ltd’s written authorisation; or (v) been required to be disclosed by law.
- You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way interfere with the Site, you agree to pay all damages incurred by Foxy Monkey Ltd. Foxy Monkey Ltd will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Foxy Monkey Ltd or any other parties through User’s use of the Site or services provided via the Site. Foxy Monkey Ltd reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
- The brands, products and service names used on this Site (including, without limitation, “Foxy Monkey”, “Foxy” or “FoxyMonkey”) are the trademarks or trade names of Foxy Monkey Ltd or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Foxy Monkey Ltd.
- User agrees that the liability of Foxy Monkey Ltd to User under this Agreement shall be limited to the amount User has actually paid to Foxy Monkey Ltd for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by the negligence of Foxy Monkey Ltd.
- User agrees to indemnify Foxy Monkey Ltd for any loss or damage that may be incurred by Foxy Monkey Ltd, including without limitation legal fees, arising from User’s use of the Site or User’s use of any information obtained through the Site.
- Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.
- This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No modification of this Agreement shall be effective unless in writing and signed by authorized parties for both Foxy Monkey Ltd and User.
- If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law of the United Kingdom having jurisdiction over this Agreement, the remaining portions or provisions shall still remain valid and continue in full force and effect.
- This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.
- This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts.