TERMS OF SERVICE
Last updated: September 1, 2010
Accepting the terms of these Terms of Service (“TOS”) is a condition to visiting faboverfifty.com (the “Site”) and using the Services (as defined below). Please read the terms below carefully as they govern your use of the Site and the Services.
1. ACCEPTANCE OF TERMS
The Site is owned by Forever Fab LLC. All references to faboverfifty.com include Forever Fab LLC. faboverfifty.com provides access to the Site and the Services subject to these TOS. Forever Fab LLC may change this policy from time to time by updating this page. When Faboverfifty.com updates this page, we will revise the “last updated” date at the top of these TOS. If there are material changes to these TOS, we will notify you of any such changes by posting a message on the Site. Faboverfifty.com encourages you to periodically review these TOS to be informed of the terms and conditions applicable to your use of the Site and Services.
2. SERVICES OFFERED BY FABOVERFIFTY.COM
Faboverfity.com provides user profiles, tools to share and communicate information and images with other users, and articles (each a “Service” and collectively, “Services”). In providing these services, faboverfifty.com may, at its sole discretion, communicate with you via e-mail, newsletters, service announcements, administrative messages and other modes of communication. All new services added to the Site will be subject to these TOS.
3. PRIVACY POLICY
4. REGISTRATION
You are not required to register and create an account to browse in public areas of the Site. To utilize the full range of Services, however, you are required to register and create an account (“User Account”). You agree that any information you provide for registration, creating a User Account or use of any Service is true, accurate, current and complete. The same agreement pertains to the updating of such information. Some of this information (specifically the username you choose, your age and your hometown) is used to create a public profile viewable to other registered members of this website for social networking purposes. Public community profiles are not optional and are automatically generated upon account creation.
5. YOUR PASSWORDS AND ACCOUNT SECURITY
During the process of registering and creating a User Account, you will be required to select a unique sign-in name (“User Name”) and a password (“Password”). You agree and understand that you are responsible for maintaining the confidentiality of your User Name and Password. You agree that you will be solely responsible to faboverfifty.com for all activities that occur under your User Account. If you become aware of any unauthorized use of your User Name, Password or of your User Account, you agree to notify Faboverfifty.com immediately by emailing the site administrator at [email protected]. Faboverfifty.com reserves the right to delete or change your User Name or and/or Password at any time and for any reason.
6. USER CODE OF CONDUCT
You agree to and understand our Code of Conduct which is hereby incorporated by reference in its entirety. All Users are subject to our Code Of Conduct. For more information, see our Code Of Conduct. faboverfifty.com may change this policy from time to time by updating the Code Of Conduct page.
You acknowledge that the Site and various information contained therein in the form of data, text, graphics, news, reports and other materials, as well as third party materials (collectively, the “Content”) are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Faboverfifty.com or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may not market or remarket, or assist any third party in marketing or remarking, the Content, the Site or the Services without Faboverfifty.com’s prior written permission in each instance.
and the domain name faboverfifty.com (the “Trademarks”) are the sole and exclusive property of Faboverfifty.com. Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Faboverfifty.com. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks, without Faboverfifty.com’s prior written permission in each instance. All goodwill generated from the permitted use of the Trademarks will inure to the benefit of Faboverfifty.com.
If you believe that any Content that infringes your copyright, please provide the following information to Faboverfifty.com’s Copyright Agent: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) 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 Site; (iv) your address, telephone number and email address; (v) a 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; and (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 duly authorized to act on the copyright owner’s behalf. Faboverfifty.com’s Copyright Agent can be reached by mail as follows: Copyright Agent, Forever Fab LLC, 141 E. 88th Street, #11B, New York NY 10128.
8. UNSOLICITED INFORMATION
By submitting any unsolicited information or materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Faboverfifty.com through the Site, you agree to be bound by the terms and conditions set forth in this paragraph. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Faboverfifty.com may use Unsolicited Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Faboverfifty.com is free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and/or services. By submitting any Unsolicited Information, you are granting Faboverfifty.com a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information. This section shall not apply to any personal information that you provide to us, the use of which shall be subject to our Privacy Policy.
The Site may periodically provide links to third party websites (“Third-Party Sites”). This Agreement governs only the Site and not any Third Party Sites. Faboverfifty.com’s decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. Faboverfifty.com prohibits the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by Faboverfifty.com in writing. You may not frame any elements of the Site with any other website without Faboverfifty.com’s prior written permission.
Faboverfifty.com, in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Faboverfifty.com. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser and Faboverfifty.com is not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
11. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF FABOVERFIFTY.COM, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FABOVERFIFTY.COM PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE, THE CONTENT OR THE SERVICES. NONE OF THE FABOVERFIFTY.COM PARTIES WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE FABOVERFIFTY.COM PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, THE CONTENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT AND/OR SERVICES IS TO STOP USING THE SITE, CONTENT AND/OR SERVICES.
You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that Faboverfifty.com is not responsible for the performance of your hardware, software, the Internet, your Internet service provider or other third parties involved in connecting you to the Site.
With respect to the retail portion of the Site, Faboverfifty.com attempts to be as accurate as possible with products descriptions and prices. However, Faboverfifty.com does not warrant that product descriptions or prices are accurate. In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Faboverfifty.com’s suppliers, Faboverfifty.com shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Faboverfifty.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, Faboverfifty.com shall immediately issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy.
The contents of the Faboverfifty Site, such as text, graphics, images and information obtained from FOF Gurus are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Faboverfifty!
If you think you may have a medical emergency, call your doctor or 911 immediately. Faboverfifty does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.
Reliance on any information provided by Faboverfifty, Faboverfifty Gurus, others appearing on the Site at the invitation of Faboverfifty, or other visitors to the Site is solely at your own risk.
15. MISCELLANEOUS
In the event that any portion of these TOS is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these TOS shall remain in full force and effect. The sections of these TOS entitled intellectual property rights, unsolicited information, disclaimer of warranties, limitation of liability, indemnification, and miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these TOS. You may not assign these TOS. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these TOS. These TOS and any other agreements between the parties entered into through the Site shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Faboverfifty.com to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. These TOS contain the entire agreement of the parties concerning the subject matter hereof and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site, Content and/or Services. You are prohibited from any use of the Site, Content and Services that would constitute an illegal offense, give rise to liability under or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Faboverfifty.com.
