TERMS OF USE
Welcome to Fabulously40, Inc. located at http://www.fabulously40.com, referred in this document as "Fabulously40" or Fabulously40.com. Our rich content website was designed for women forty and beyond to interact and connect and build their own community of friends.
This Terms of Use Agreement sets forth the standards of use of the Fabulously40.com an on line social network for Registered Members and Visitors. By using Fabulously40.com Web whether you are a "Member" or "Visitor" you agree to these terms and conditions.
If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.fabulously40.com website.
Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance. Any modifications will be updated on this page, we recommend you return to this page on a regular basis to view those updates.
Disclaimer of Warranties.
The site is provided by Fabulously40 Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Fabulously40, makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.
Fabulously40 shall have no liability for any interruptions in the use of this Website. Fabulously40 Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Our Visitors
Our visitors are encouraged to register their identifying information and become "Registered Users." While our site is targeted for women over forty and beyond, you are welcome to register if you are thirty five or older. Once you become a "Registered User", you can build your own profile, create your own group, interact on message boards, post your blogs and access advice from our experts.
Each Registered User registers her unique screen name and chooses her own password. As a user you are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your Fabulously40 account.
You agree to immediately notify Fabulously40 of any unauthorized use of your password or account or any other breach of security. Fabulously40 cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By registering your account at Fabulously40, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Fabulously40 suspects that your registration information is not accurate, or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete anything you have posted, including but not limited to information about yourself, and you may be barred from using the Web site.
Visitors, and Those Who Are Age 18 and Younger
If you are between the ages of 13 and 35, you may browse the site as a Guest. As a Guest, you will have limited access to certain areas of Fabulously40' content, tools, and other services.
Fabulously40 is not directed at children under thirteen years of age. Any registration with, use of, or access to the Fabulously40 Web site by anyone under 13 is unauthorized, unlicensed, and in violation of these TOU.
Please be aware that Fabulously40 users have created areas on the Fabulously40 Web site that may contain adult or mature content. Parents of children between the ages of thirteen and eighteen who wish to allow their children access to the site have the responsibility to determine the content that is appropriate for their children.
Limitation of Liability
Fabulously40 SHALL NOT be liable for any damages whatsoever, and in particular Fabulously40Inc. / www.fabulously40.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Fabulously40 has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Fabulously40 Inc, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Fabulously40 makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Fabulously40 Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts in California.
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California
.Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 fabulously40.com, will all rights reserved, or is the property of Fabulously40 Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fabulously40 Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Fabulously 40 Inc.
FabulouslyForty(tm) and www.fabulously40.com(tm) are proprietary marks of Fabulously40.com. Fabulously Forty's trademarks may not be used in connection with any product or service that is not provided by Fabulously 40 Inc. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fabulously 40 Inc.
All other trademarks displayed on Fabulously40 Inc's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fabulously 40 Inc.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, www.fabulously40.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: P.O Box Del Mar CA 92014
By Telephone: 858 794-9418
By Email: info@fabulously40.com
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fabulously 40 Inc. in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Rules of Conduct
Please follow the rules of conduct they apply to your use of the Web site. All materials you post on Fabulously40, including graphics, data, text, audio or video content, music, sound, chat, messages, files or other material ("User Content") whether the User Content is included in blogs, discussion groups, private messages, e-mails, profiles, comments, or any other pages features of Fabulously40.
In connection with Fabulously40 Web site you may not:
Post, upload email or otherwise transmit any User Content that defamatory, is libelous or pornographic, sexually explicit, unlawful or plagiarized; infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
Violate Fabulously40' TOU.
Registered Users may create and maintain their own "Fabulously40 Groups" within the Web site. "Fabulously40 Group" consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other.
The Registered User who creates the Fabulously40 Group is the "Group Manager." The Group Manager may invite Moderators. The Group Manager and the Group Moderator(s) are encouraged to set a positive tone for the Fabulously40 Group and to report to Fabulously40 any abuse or violation of the TOU.
Group Manager's has sole discretion to:
* decide whether the Fabulously40 Group is restricted to certain individuals or is accessible to the general public;
* in private Fabulously40 Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Manager's discretion; and delete any User Content posted to the Fabulously40 Group.
In addition, the Group Manager has the right to transfer or assign any of these decisions and/or responsibilities to another Registered User.
In response to member conduct in Fabulously40 Groups that violates these TOU, Fabulously40 may take any or all of the actions described in "Registered Users," above, and/or the following actions with regard to the Group:
* delete an entire Group;
* change Group Manager or Moderator status; or
* block any participant from the Group.
