The following terms and conditions (“Terms”) govern all use of the FCM website and all content, services, and products available at or through the website and our applications, including, but not limited to, FCM iOS application, FCM Android application and FCM Premium(Both iOS and Android), (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, IT PM ApS’s Privacy Policy) and procedures that may be published from time to time by IT PM ApS (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with IT PM ApS Inc. (DK).
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by IT PM ApS, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 3, and access and use of our Services is only offered to users 3 years of age or older. If you are under 3 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 3 years of age or older.
Use of our Services requires a FCM account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your FCM Account and Website. If you create a account, review, squad or any other material on FCM, 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 your account. You must immediately notify IT PM ApS of any unauthorized uses of your account, or any other breaches of security. IT PM ApS 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 comment on a page, post material to FCM, post links on FCM, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using FCM, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to IT PM ApS for inclusion on your data, you grant IT PM ApS 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 your data. This license allows IT PM ApS to make publicly-posted content available to third parties selected by IT PM ApS (through the IT PM ApS mobile applications, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other FCM users permission to share your Content on other FCM websites and add their own Content to it ,so long as they use only a portion of your post and they give you credit as the original author by linking back to your data. If you delete Content, IT PM ApS will use reasonable efforts to remove or separate it from your account it from FCM, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, IT PM ApS has the right (though not the obligation) to, in IT PM ApS’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in IT PM ApS’s reasonable opinion, violates any IT PM ApS policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of FCM to any individual or entity for any reason. IT PM ApS will have no obligation to provide a refund of any amounts previously paid.
IT PM ApS has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, IT PM ApS 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. IT PM ApS disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
This Agreement does not transfer from IT PM ApS to you any IT PM ApS or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with IT PM ApS. IT PM ApS, FCM, the FCM logo, and all other trademarks, service marks, graphics and logos used in connection with FCM or our Services, are trademarks or registered trademarks of IT PM ApS or IT PM ApS’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Y our use of our Services grants you no right or license to reproduce or otherwise use any IT PM ApS or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
IT PM ApS may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FCM account (if you have one), you may simply discontinue using our Services. 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.
Our Services are provided “as is.” IT PM ApS and its 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 IT PM ApS nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Denmark, 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 state courts located in Europe, Denmark.
In no event will IT PM ApS, or its 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 for 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 IT PM ApS under this Agreement during the twelve (12) month period prior to the cause of action. IT PM ApS 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.
You represent and warrant that (i) your use of our Services will be in strict accordance with the IT PM ApS Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Denmark or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless IT PM ApS, its 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 our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between IT PM ApS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of IT PM ApS, or by the posting by IT PM ApS of a revised version.
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; IT PM ApS 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.
Unless given a written permission from FCM you are not allowed to scrape, automate or use our API on any of FCM domains, included sub domains.