Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Fusion Web Network, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your FusionWeb.net Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Fusion Web Network of any unauthorized uses of your account or any other breaches of security. Fusion Web Network will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you write for the Website, comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Username and/or Display Name is not named in a manner that misleads readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Fusion Web Network or otherwise.
By submitting Content to Fusion Web Network for inclusion on the Website, you grant Fusion Web Network a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Website. If you delete Content, Fusion Web Network will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Fusion Web Network has the right (though not the obligation) to, in Fusion Web Network’s sole discretion (i) refuse or remove any content that, in Fusion Web Network’s reasonable opinion, violates any Fusion Web Network policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fusion Web Network’s sole discretion.
- Responsibility of Website Visitors. Fusion Web Network has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Fusion Web Network does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fusion Web Network disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on FusionWeb.net. All the contents of the Website, EXCEPT FOR COMMENTS, constitute the opinions of each individual Author, and the individual Authors alone; they do not represent the views and opinions of the Authors’ employers, supervisors, nor do they represent the view of organizations, businesses or institutions the Authors are a part of, nor do they necessarily represent the views and opinions of Fusion Web Network. The content of this Website is not intended to cause harm, but if you have any concerns about the contents of this Website, please contact Fusion Web Network via the Contact page. Disagreeing with the content of the Website does not constitute sufficient ground for you to ask the Authors and/or Fusion Web Network to remove or modify any parts of this Website.
- Comment policy. Neither Fusion Web Network nor the Authors are responsible for the content of any comments made by the Commenter(s). Futhermore, neither Fusion Web Network nor the Authors are responsible for knowing whether the content of your comment is breaking the law in other countries or jurisdictions. Fusion Web Network and the Authors reserve the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on Fusion Web Network have to be written in English. Please do not endanger yourself or break the law when you comment. Comments intending to advertise and/or are off-topic (“SPAM“) will be deleted. Fusion Web Network and the Authors also reserve the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FusionWeb.net links, and that link to FusionWeb.net. Fusion Web Network does not have any control over those non-Fusion Web Network websites and webpages, and is not responsible for their contents or their use. By linking to a non-Fusion Web Network website or webpage, Fusion Web Network does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fusion Web Network disclaims any responsibility for any harm resulting from your use of non-Fusion Web Network websites and webpages.
- Copyright Infringement Policy. As Fusion Web Network asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FusionWeb.net violates your copyright, you are encouraged to notify Fusion Web Network via the Contact page. Fusion Web Network will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Fusion Web Network or others, Fusion Web Network may, in its discretion, terminate or deny access to and use of the Website.
- Intellectual Property. This Agreement does not transfer from Fusion Web Network to you any Fusion Web Network or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fusion Web Network. Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fusion Web Network or third-party trademarks.
- Changes. Fusion Web Network reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fusion Web Network may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Fusion Web Network may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FusionWeb.net account(s) (if you have any), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Fusion Web Network and its authors, suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fusion Web Network nor its authors, suppliers, and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Fusion Web Network, or its Authors, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fusion Web Network under this agreement during the twelve (12) month period prior to the cause of action. Fusion Web Network shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Fusion Web Network, its Authors, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Legal notices and Contact information. If you are intending to carry out legal action of any kind against the Website or the Authors, you are required to contact Fusion Web Network and the Author(s) in question at least one month before any legal claim is made. Please remember that Fusion Web Network and the Authors mean to do no harm to you or anyone else by operating this Website. If you feel that your rights have been infringed, please contact Fusion Web Network and the Author(s) in question, and allow fourteen business days for the reply to be received. Fusion Web Network and the Author(s) in question will do whatever is possible to address your concerns (when and if appropriate).
- Miscellaneous. This Agreement constitutes the entire agreement between Fusion Web Network and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fusion Web Network, or by the posting by Fusion Web Network of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the English courts. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fusion Web Network may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These Terms Of Service were last modified on 14th April 2011