FAB Terms of Service
1. ACCEPTANCE OF TERMS
Thank you for visiting supportfab.com. FAB raises its service subject to the following Terms of Service, which may be updated by us from time to time without notice to you.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING “I AGREE”, ACCESSING, BROWSING, USING AND/OR OTHERWISE AVAILING YOURSELF OF supportfab.com SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TOS"). IF YOU DO NOT AGREE TO THE TOS, THEN PLEASE DO NOT PARTICIPATE IN FAB SERVICE.
2. DESCRIPTION OF SERVICE
FAB provides users with access to a collection of resources, including various communications tools, message boards, personalized content, and branded programming through its Website which may be accessed through any various medium or device now known or hereafter developed, including on the internet at www.supportfab.com, and through content distribution and syndication services FAB may make available (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for FAB to provide the Service. You also understand and agree that the Service may include certain communications from FAB, including but not limited to service announcements, administrative messages, and that these communications are considered part of FAB membership and you will not be able to opt out of receiving them, except by terminating your membership with FAB. Unless explicitly stated otherwise, any new features, including the release of new FAB properties, shall be subject to the TOS.
3. ELIGIBILITY AND REGISTRATION OBLIGATIONS
You hereby represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF THIRTEEN (13) OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE BY FAB. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE. The Service is not intended for users under the age of thirteen (13), and Service Provider does not knowingly collect personally identifiable information from users under the age of thirteen (13). Anyone person under the age of thirteen (13) is expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our message boards and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us. Users under thirteen (13) years old, under no circumstances and under no exemption shall be allowed to participate in any of the services offered by FAB even if they are using the account of a properly registered User (over thirteen (13) years old).
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, deceptive, misleading, out of date, or incomplete, or if FAB suspects that such information is untrue, inaccurate, deceptive, misleading, out of date, or incomplete, FAB has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Your profile may be deleted and your membership terminated without notice or warning if we believe that, for example and without limitation, you are i) under thirteen (13); ii) you are under eighteen (18) but represent yourself as eighteen or older; or iii) you are over eighteen (18) and represent yourself as under eighteen (18).
FAB reserves the right to refuse or terminate service, including membership, for any reason.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
When you register, you will be issued a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FAB of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FAB cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. FAB does not control, review, moderate, or otherwise monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FAB be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to do or attempt any of the following in connection with the Service:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any form of solicitation, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. distribute and publicly reproduce content from FAB or from other Users, without prior authorization;
i. use the Service to solicit users directly for commercial purposes without prior written authorization from FAB.
j. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
l. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m. access the Service from territories where its contents are illegal and prohibited (those who choose to access the Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
n. "stalk" or harass another;
o. use any robot, spider, scraper, script, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Service; or
p. collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise.
6. MEMBER CONTENT
You acknowledge that FAB may not pre-screen Content, but that FAB and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, FAB and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that FAB may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FAB, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FAB and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, emailing, posting, publishing or transmitting Content to any online forum or other feature of the Service, or by submitting any Content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to FAB (“Submissions”) by any means, you grant FAB a worldwide, royalty-free, fully paid up, non-exclusive, sub licensable and transferable license to use, reproduce, modify, adapt, create derivative works of, perform publicly, display publicly, distribute, publish, and transmit such Submissions, including any and all publicity rights therein, in any form, medium, or technology now known or later developed, provided that:
a. with respect to Submissions you make available for inclusion solely in areas of the Service which are not publicly accessible such license shall be limited to use solely for the purpose for which the Content was provided; and
b. with respect to Submissions you make available for inclusion on publicly accessible areas of the Service, other than text. FAB’s license shall terminate within a commercially reasonable time after you remove or FAB removes such Content from publicly accessible areas of the Service; and
c. with respect to Submissions of text, the license shall be perpetual and irrevocable; and
"Publicly accessible" areas of the Service are those areas of the FAB network of properties that are intended by FAB to be available to the general public. By way of example, publicly accessible areas of the Service would include FAB message boards, portions of FAB blogs, and Photos that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of FAB sections that are limited to members, FAB services intended for private communication such as FAB Inbox.
8. CONTRIBUTIONS TO FAB
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to FAB through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FAB is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FAB shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FAB may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of FAB without any obligation of FAB to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FAB under any circumstances.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the
Service (including your FAB account), use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FAB may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on FAB's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FAB has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that FAB reserves the right to log off, delete, or disable accounts that are inactive for an extended period of time. You further acknowledge that FAB reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE
FAB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including charging or ceasing to charge subscription fees to some or all users for some or all services.
You agree that FAB may, without cause or prior notice, and without liability to you or any third party, immediately terminate your FAB account, any associated email address, and access to the Service. FAB does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all Content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FAB may have at law or in equity.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Services, and/or (i) no cause at all.
Termination of your FAB account includes (a) removal of access to all offerings within the Service, including but not limited to FAB Inbox and Message Boards, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in FAB's sole discretion and that FAB shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You may terminate your account, this Agreement and your right to use the Company Service at any time and for any reason or no reason, by using the Delete Account function in FAB.
13. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
a. Other Users. Your correspondence or dealings with, or participation in activities with, other users found on or through the Service are solely between you and such user. While FAB strives to foster a supportive community which helps reputable and competent people help each other, you acknowledge and agree that we are not responsible for the availability, quality, or performance of goods or services promised by other users, and we do not endorse and are not responsible or liable for any Content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such contacts. You should use your ordinary care and common sense when evaluating the wisdom, safety, and prudence of engaging in particular communications or other activities with site users, either through the Service, elsewhere online, or offline. YOU AGREE THAT FAB WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OR ACTIVITIES OF SUCH USERS ON OR IN CONNECTION WITH THE SERVICE.
b. FAB does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, FAB makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
14. FAB'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service, including without limitation any Artwork, member accounts or user IDs, markup, source or object code used in connection with the Service, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by FAB or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Materials, in whole or in part.
You agree not to modify the Materials in any manner or form, and not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FAB for use in accessing the Service.
You agree to indemnify and hold harmless FAB and its subsidiaries, affiliates, officers, agents, employees, partners, licensees and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use or misuse of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. FAB reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAB, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
FAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE SERVICE, INCLUDING ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (i) WILL MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) YIELD RESULTS THAT ARE ACCURATE OR RELIABLE; (iv) WILL MEET YOUR QUALITY OR OTHER EXPECTATIONS; NOR THAT (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
b. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN FAB AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.
18. MODIFICATIONS AND NOTICE
FAB reserves the right, in its discretion, to change, modify, add, or remove portions of the TOS at any time. All changes to the amended TOS become effective immediately. Your continued use of the Service after the amended TOS become effective constitutes your binding acceptance of the amended TOS.
19. TRADEMARK INFORMATION
The FAB name and FAB logo (“the FAB Marks”) are trademarks or registered trademarks of supportfab.com. You may not use or display in any manner the FAB Marks without FAB's prior written permission.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
FAB respects the intellectual property of others, and we ask our users to do the same. FAB reserves the right to disable and/or terminate the accounts of users who are found to be repeat infringers. If you are a copyright holder and believe that any content available through the Service infringes your rights, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail)::
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FAB 's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email: [email protected]
21. APPLICABLE LAWS AND DISPUTE RESOLUTION.
22. GENERAL INFORMATION
a. Entire Agreement. The TOS, including any documents incorporated by reference herein, constitutes the entire agreement between you and FAB and governs your use of the Service, superseding any prior agreements between you and FAB with respect to the Service.
b. Waiver and Severability of Terms. The failure of FAB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
c. Non-Transferability. You agree that your FAB account is non-transferable.
d. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Headers and Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
f. Assignment. You may not assign or transfer the TOS or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice.
g. Survival. Sections will survive any termination of these Terms.