Terms of Use
Fabulous, LLC posts its terms of use for everyone to peruse. Please read them carefully and if you do not agree with any of the conditions set forth, please logout and leave from this website immediately.
1. ACCEPTANCE OF TERMS THROUGH / OF USE:
PLEASE READ THESE TERMS OF USE CAREFULLY. BY UTILIZING THE FABULOUS, LLC NETWORK OF WEBSITES (HEREAFTER FAB) WEB SITE AND ANY OF ITS SERVICES THEREIN, YOU AGREE TO ALL TERMS, CONDITIONS, AND RULES SET FORTH. IF YOU DO NOT AGREE TO THE TERMS OF USE OR ARE BELOW THE AGE OF 18, DO NOT ACCESS THIS WEB SITE, OR ANY OF ITS CONTENT. THE TERMS OF USE MAY CHANGE WITHOUT NOTIFICATION AND THE USER SHOULD CHECK FOR OCCASSIONAL MODIFICATIONS. CONTINUED USE OF THE OTF WEB SITE CONSTITUTES ACCEPTANCE OF THE TERMS OF USE PERPETUALLY. OTF RESERVES THE RIGHT TO TERMINATE THE USERS ACCOUNT ANY TIME.
Eligibility. Use of and Membership in the FAB Services is void where prohibited. By using FAB, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the FAB Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age. FAB is a voting, membership-based web site and Membership is restricted.
2. Term. This Agreement shall remain in full force and effect while you use the FAB Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. FAB may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees and Refunds. You acknowledge that FAB reserves the right to charge for its Services and to change its fees at its discretion. If you or FAB terminates your membership for any reason, you are entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FAB immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The FAB Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FAB. Illegal and/or unauthorized use of the FAB Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the FAB web site is prohibited. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Member profiles or forums without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the FAB Services.
6. Proprietary Rights in Content on FAB.
1. FAB claims all ownership rights in the text, files, works of original authorship, or any other materials that you post to the FAB Forums or within your Profile. After posting your Content to the FAB web site you relinquish all rights of ownership. FAB does not claim ownership of all photos, musical works, previously published material or artwork. You may continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (”posting”) any Content on or through the FAB Services, you hereby grant to FAB a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute all Content solely on and through the FAB Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the FAB Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the FAB Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the FAB Services.
3. The FAB Services contain content of FAB (”FAB Content”). FAB Content is protected by copyright, trademark, patent, trade secret and other laws, and FAB owns and retains all rights in the FAB Content and the FAB Services. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the FAB Services.
7. Content Posted.
1. FAB may delete any Content that in the sole judgment of FAB violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FAB assumes no responsibility for monitoring the FAB Services for inappropriate Content or conduct. If at any time FAB chooses, in its sole discretion, to monitor the FAB Services, FAB nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the FAB Services, and any material or information that you transmit to other Members and for your interactions with other Users. FAB does not endorse and has no control over the Content. Content is not necessarily reviewed by FAB prior to posting and does not necessarily reflect the opinions or policies of FAB or Fabulous, LLC, its owners or other members. FAB makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the FAB Services. FAB reserves the right to investigate and take appropriate legal action against anyone who, in FAB’s sole discretion, violates this provision, including without limitation, removing the offending communication from the FAB Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of FAB:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page via FAB);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person’s consent; or
The following is a partial list of the kind of activity that is illegal or prohibited on the FAB web site and through your use of the FAB Services. FAB reserves the right to investigate and take appropriate legal action against anyone who, in FAB’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
15. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the FAB Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the FAB Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FAB reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FAB deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the FAB Services, you acknowledge that you will have caused substantial harm to FAB, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay FAB $50 for each such unsolicited email or other unsolicited communication you send through the FAB Services;
17. any automated use of the system, such as using scripts to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue burden on the FAB Services or the networks or services connected to the FAB Services;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
21. selling or otherwise transferring your profile;
22. using any information obtained from the FAB Services in order to harass, abuse, or harm another person;
23. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the FAB Services on behalf of that person, such as placing commercial content on your profile with a commercial purpose, selecting a profile with a commercial purpose or sending private messages with a commercial purpose; or
24. using the FAB Services in a manner inconsistent with any and all applicable laws and regulations.
9. Penalties Associated with Prohibited Activity.
1. It is the sole discretion of the Administrators and Moderators of the FAB web site to terminate a membership of User for violating one of the above mentioned prohibited activities. It is further to the discretion of the Administrators and Moderators to remove or ?suspend? a member for a duration of 1, 3, or 7 days based on the perception of severity of the infraction. This in no way implies the acceptance of the Members activity by FAB or Fabulous, LLC. All time paid for by members continue to elapse without reimbursement by FAB.
2. The Administrators and Moderators of FAB may at any time, without notice, remove a member from the general membership due to policy infraction and put them back into the ?Rating Pool? to be re-voted in or out of the FAB web site.
3. These penalties are in no way implied to be ?first-step? activities by the FAB Administrators and Moderators. Any member may be terminated from web site use at any time, for any reason, without notice.
10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FAB to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to FAB by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the FAB Services in a way that constitutes copyright infringement, please provide Management with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the FAB Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. FAB’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Violation, Fabulous, LLC. (760) 203-9674; facsimile: (281) 238-5453 Attn: Copyright Violation; and email: corporate@fabulousllc.com
11. Disputes. You are solely responsible for your interactions with other FAB Members. FAB reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Privacy. Use of the FAB Services is also governed by our Privacy Policy, which can be found under the heading of Privacy Policy on the web site.
13. Disclaimers. FAB is not responsible for any incorrect or inaccurate Content posted on the FAB Website or in connection with the FAB Services, whether caused by Users of the FAB Services or by any of the equipment or programming associated with or utilized in the FAB Services. Profiles created and posted by Members on the FAB Website may contain links to other web sites in violation of FAB Terms of Use. FAB is not responsible for the Content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by FAB. Inclusion of any linked web site on the FAB Services does not imply approval or endorsement of the linked web site by FAB. When you access these third-party sites, you do so at your own risk. FAB takes no responsibility for third party advertisements which are posted on this FAB web site or through the FAB Services, nor does it take any responsibility for the goods or services provided by its advertisers. FAB is not responsible for the conduct, whether online or offline, of any User of the FAB Services. FAB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. FAB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the FAB Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the FAB Services. Under no circumstances shall FAB be responsible for any loss or damage, including personal injury or death, resulting from use of the FAB Services, attendance at a FAB event, from any Content posted on or through the FAB Services, or from the conduct of any Users of the FAB Services, whether online or offline. The FAB Services are provided “AS-IS” and as available and FAB expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FAB cannot guarantee and does not promise any specific results from use of the FAB Services.
14. Limitation on Liability. IN NO EVENT SHALL FAB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FAB FOR THE FAB SERVICES DURING THE TERM OF MEMBERSHIP.
15. Disputes. If there is any dispute about or involving the FAB Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either FAB or you may demand that any dispute between FAB and you about or involving the FAB Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent FAB from seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold FAB, Fabulous, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the FAB Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the FAB web site or through the FAB Services causes FAB to be liable to another.
Please contact us at: corporate@fabulousllc.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.