This Agreement was last revised on June 1, 2011.
USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with Fab, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at firstname.lastname@example.org. The Service is not available to any Users previously removed from the Service by Fab. Fab reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
You must create an account at Fab in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Fab immediately of any breach of security or unauthorized use of your account. Fab will not be liable for any losses caused by any unauthorized use of your account.
The Service is available through Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, Fab may require that your Fab user ID be the same as your user name for Facebook. If you sign into Fab through Facebook Connect, you will provide your Facebook account credentials to Fab, and you are consenting to have the information in that account transmitted into your Fab account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Fab servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Fab grants the operators of public search engines revocable permission to use spiders to copy materials from Fab for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Fab Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Fab, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other Fab Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Fab shall have no liability for your interactions with other Users, or for any User's action or inaction.
Some areas of the Service allow Users to post content such as photos and profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service are referred to as "User Content").
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Fab reserves the right, but is not obligated, to reject and/or remove any User Content that Fab believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and Fab's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Fab may exercise the rights to your User Content that are granted to Fab under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- All your User Content and other information that you provide to us is truthful and accurate.
Fab takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Fab shall not be liable for any damages you incur or allege to incur as a result of User Content.
END USER LICENSE GRANT
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use, as permitted by the features of the Service. Fab reserves all rights not expressly granted herein in the Service and the Fab Content (as defined below). Fab may terminate this license at any time for any reason or no reason.
We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Fab does not warrant that the Mobile Software will be compatible with your mobile device. Fab hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Fab account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Fab may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Fab or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Fab Service.
MOBILE SOFTWARE FROM ITUNES
The following applies to any Mobile Software you acquire from the Apple, Inc. (“Apple”) App Store ("Apple-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Fab, not Apple, and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple of such failure; upon such notification, Apple’s sole warranty to you will be to refund the purchase price for the Apple-Sourced Software, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Fab as provider of the Apple-Sourced Software. You acknowledge that Fab, and not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Fab as provider of the software. You acknowledge that, in the event of any third party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, Fab, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Fab acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third party beneficiary thereof. You will only use the Apple-Sourced Software in connection with an Apple device that you own or control. You will comply with any applicable third-party terms of agreement which may affect or be affected by your use of the Apple-Sourced Software.
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Fab Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Fab and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Fab Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fab under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Fab does not waive any rights to use similar or related ideas previously known to Fab, or developed by its employees, or obtained from sources other than you.
FAB REFERRAL CREDITS
Fab may provide Fab members referral credits when members invite their friends to join Fab (“Referral Credits”). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.
FAB E-GIFT CARDS
Fab e-gift cards ("E-Cards") may be used to purchase any eligible product available for purchase in Fab online catalog. In order to purchase or redeem an E-Card, you must have a Fab account. The recipient of an E-Card will be notified via email; if the recipient does not have a Fab account at the time he or she receives such email, he or she will be prompted to create a Fab account to activate the E-Card.
You may purchase E-Cards in US dollar denominations of $25, $50, $75, $100, $150, $200, $500, $1,000, and $2,000. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. The purchase of E-Cards is governed by the terms set forth under “Orders” in the Top 10 Questions about Fab, except as otherwise provided in this section.
Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient's Fab account as a credit toward purchases on Fab If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with Fab standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Referral Credits. E-Cards do not expire.
Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other Fab Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if they cancel their Fab account. E- Cards are not currency, and do not have cash value outside of Fab. Fab is not responsible for any unauthorized use of an E-Card.
FAB FREE SHIPPING OFFERS
From time to time Fab may offer free shipping promotions to its members. Fab Free Shipping Offers are valid on standard shipping only. Fab free shipping offers may not be used for international shipping nor for shipment of "non-standard" items. Additional terms and limitations may apply at the time of offer.
Certain features of the Service may be provided for a fee or other charge. If you elect to use paid features of the Service, you agree to the pricing and payment terms for such paid features thath we will provide to you and that we may update them from time to time. Fab may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you. If you do not wish to pay the new or modified fees or charges, your sole remedy shall be to terminate your access to the applicable services.
If you purchase an item through the Service, your purchase will be processed in accordance with the “Orders” section of our Top 10 Questions, delivered to you according to our Shipping Policies, and, if applicable, returns will be handled in accordance with our Return Policy, all of which are incorporated herein by this reference.
You may cancel your Fab account at any time; however, there are no refunds for cancellation of the Service, if you have elected to use paid features of the Service. In the event that Fab suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Fab Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Refunds for returned purchases will be handled in accordance with our Return Policy.
PAYMENT INFORMATION: TAXES
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. For more details on orders, please see our Top 10 Questions.
In states where Fab is not required to collect sales tax, your purchase may be subject to use tax in accordance with your state's laws. Some purchases may be exempt from taxation; however, a purchase is not exempt merely because it was made over the Internet. Your state may require its residents to report all purchases of tangible personal property or digital property that are not taxed by the retailer, and pay use tax on those purchases unless exempt under your state's laws. The tax may be reported and paid on an individual income tax return or by filing a consumer tax return. (States requiring retailers to make this disclosure include, but may not be limited to, California, Colorado, Kentucky, Michigan, Mississippi, Oklahoma, South Carolina, South Dakota, Tennessee and Washington)
Fab cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is Fab's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Fab's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing to the Designated DMCA Agent listed below:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Fab to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Once proper, bona fide infringement notification is received by the Designated DMCA Agent listed below, it is our policy:
- To remove or disable access to the infringing material;
- To notify the content provider, member or user that we have removed or disabled access to the material;
- That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Service.
If the content provider, member, or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated DMCA Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared on the Service before such removal or disabling;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Content provider’s, member’s, or user’s name, address, telephone number, and, if available, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
The above information must be submitted to the following Designated DMCA Agent:
Attn: Jason Goldberg for Fab Address: 95 Morton Street, 8th Floor New York, NY 10014 Phone: 646-684-3076 Email: email@example.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Fab and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fab's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
THIRD PARTY LINKS
You agree to defend, indemnify and hold harmless Fab and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FAB, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FAB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAB SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND FAB WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL FAB BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. Fab makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fab without restriction.
You agree that the Service shall be deemed solely based in the State of New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Fab hereby expressly consent to the exclusive personal jurisdiction of the courts of New York County, New York.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND FAB ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief. NOTIFICATION PROCEDURES
ENTIRE AGREEMENT / SEVERIBILITY
This Agreement, together with any amendments and any additional agreements you may enter into with Fab in connection with the Service, shall constitute the entire agreement between you and Fab concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Fab's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Fab Heart Card Terms and Conditions
This Agreement was last revised on May 3, 2013
Benefits of Membership
- With a minimum purchase of $250, excluding shipping, handling and white glove fees, and minus any creditsused for the purchase,$25 worth of Fab Heart Credits will be added to your Fab member account.
- With a minimum purchase of $500, excluding shipping, handling and white glove fees, and minus credits used for the purchase, $60 worth of Fab Heart Credits will be added to your Fab member account.
- With a minimum purchase of $1,000, excluding shipping handling and white glove fees, and minus any credits used for the purchase, $125 worth of Fab Heart Credits will be added to your Fab member account.
- You may only have one Fab Heart Card Membership per email account.
- Your participation in the Fab Heart Card Program is revocable by us at any time, at our sole discretion. We may terminate or make material changes to any or all benefits available to you under the Fab Heart Card Program.
- We reserve the right to limit, modify, alter, waive, or cancel the FabHeart Card Program at any time, prospectively or retroactively, with or without notice.
- Your Fab Heart Card Membership and Fab Heart Credits are non-transferrable.
- Fab Heart Credits do not have a cash value, and you may only use Fab Heart Credits in connection with a purchase on the Fab website.
- Fab Heart Credits are not earned on purchases paid with Fab Gift Cards, E-Cards or purchases made using existing Fab Heart Credits.
- Fab Heart Credits cannot be used to purchase Fab gift cards.
- Fab Heart Credits are earned on the value of each individual order placed, not on cumulative orders.
- Fab Heart Credits are subject to expiration.
Fab Heart Credits
Fab Heart Credits are earned on each eligible purchase and are deposited into your Fab Member Account within seven (7)business days from the date of purchase. If you cancel or return an item, Fab Heart Credits earned for that purchase will be deducted from your Member Account. If you cancel or return an item that was purchased with Fab Heart Credits, you will not be reimbursed for the Fab Heart Credits used in that transaction. Your Fab Heart Credits will expire 6 months after they are granted. However, Fab reserves the right at any time, with or without notice, to change the expiration period.
Your Fab Heart Card Membership will commence on the date that you accept the invitation into the Fab Heart Card Program and will be valid until December 31, 2013, unless terminated earlier. Fab reserves the right to extend the expiration date of your Fab Heart Card Membership and the Fab Heart Card Program.
Your Fab Heart Card Membership is offered free of charge in order to reward you for being a valuable Fab customer.
Fab Heart Card Membership Cancellation
You have the right to cancel your Fab Heart Card Membership at any time; however, there are no refunds for cancellation of the Membership.
If you have any questions regarding this Agreement, you can contact us at:
Fab Inc. 95 Morton Street, 8th Floor New York, NY 10014 646-684-3076 firstname.lastname@example.org