Acceptance
of Terms of Use
Please read these Terms of Use
carefully. These Terms of Use govern your access and use of this Site. By
accessing or using this Site you agree to be bound by these Terms of Use and to
any additional guidelines, restrictions, or rules that may be posted in
connection with specific sections or services of this Site. All such additional
posted guidelines, restrictions, or rules are hereby incorporated by reference
into these Terms of Use.
Fabnyou.com reserves the right to make changes to this Site and to these
Terms of Use at any time without prior notice. You should review these Terms of
Use each time you access this Site.
You also agree that we may provide all legal communications and notices to you
electronically by posting them on our website or, at our election, by sending
an e-mail to the e-mail address you provided to us when you registered at our
website. You may withdraw your consent to receive communications from us
electronically by contacting customer care. However, if you withdraw your
consent to receive our communications electronically, you must discontinue your
use of your account.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork,
text, fonts, music, software tools, and other information (referred to herein
as “Content”). This Site and all Content are the copyrighted property of Fabnyou.com
,and/or its subsidiaries (referred to herein as “Fabnyou.com ”) or
the copyrighted property of parties from whom Fabnyou.com has licensed
such property. All rights in this Site and its Content are reserved worldwide.
It is strictly prohibited to retain, copy, distribute, publish, or use any
portion of the Content except as expressly allowed in these Terms of Use. Fabnyou.com
reserves the right to add to, delete from, or modify any part of Content
at any time without prior notice.
Fabnyou.com provides no warranty of any kind that logo designs
created using the design tools will not infringe, or be subject to a claim of
infringing, the trademark or other rights of another party. It is solely your
responsibility to obtain the advice of an attorney regarding whether the logo
design is legally available for your use and does not infringe the rights of
another party.
Use of Site
You are granted permission to access and use this Site and its Content for the
sole purpose of preparing, evaluating, and ordering products or services solely
through Fabnyou.com (referred to herein as “Products”). No other
download, retention, use, publication, or distribution of any portion of the
Content is authorized or permitted. Obtaining Products from Fabnyou.com
does not entitle you to use any portion of Content apart from the
finished Products as they are supplied by Fabnyou.com .
You agree to use this Site in a responsible manner that is in full compliance
with these Terms of Use and with your local laws and regulations, including
export and import regulations. Without limitation, no portion of Content may be
utilized as a trademark or service mark, for any pornographic use, for any
unlawful purpose or use, to defame any person, to violate any person’s right of
privacy or publicity, to infringe upon any copyright, trade name, trademark,
service mark or other intellectual property right of any person or entity. You
agree that you will not use the Site to produce Products that are offensive,
unlawful, harassing, libelous, threatening, harmful, obscene, malicious or
otherwise objectionable. Fabnyou.com may terminate its service to
customers found to be using Fabnyou.com to engage in undesirable
activities.
You are solely responsible for your use of Content in combination with any
other images, graphics, text or other materials you incorporate into your
Products. You agree that you will not include any text, image, design,
trademark, service mark, or any copyrighted work of any third party in your
Products unless you have obtained the appropriate authorizations from the
owners. You warrant that your Products do not infringe upon any rights of any
third party, including copyright, trademark, right of publicity or privacy, and
will not libel or defame any third party, and that you have all required rights
or permissions necessary to incorporate third party material into your
Products. By placing an order on this Site, you warrant that you have all
necessary permission, right and authority to place the order and you authorize Fabnyou.com
to produce the Products on your behalf.
You may not use this Site to send or use e-cards in any manner that would
constitute the transmission of Spam or unsolicited e-mails. You may not use
scripting or other programs to automate the creation and/or transmission of
e-cards. Fabnyou.com reserves the right, in its sole discretion, at
any time, and without prior notice, to limit the number of recipients to which
you may send an e-card and/or limit the number of e-cards that you may send.
You agree that you are responsible for protecting your password and controlling
access to your registered account. You agree that you will be responsible for
all orders placed or other actions that are taken through your registered
account.
Transfer of Title
The customer agrees that the shipping terms for all printed Products are FOB
shipping point and ownership transfers to the customer upon shipment. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier. For any Product that is to be provided to the customer
in an electronic format, the customer agrees that delivery of such Product
shall be deemed to have occurred either (a) at the time we transmit the Product
via email or other electronic communication addressed to the customer or (b) at
the time we transmit a notification to the customer that the Product is
available for downloading from the Site.
Indemnification
You agree that you shall indemnify and defend Fabnyou.com and all
parties from whom Fabnyou.com has licensed portions of Content, and
their directors, officers, and employees, against all claims, liability,
damages, costs and expenses, including reasonable legal fees and expenses
arising out of or related to (i) your breach of these Terms of Use or (ii) any
suit, claim, or demand arising from or relating to any text, photograph, image,
graphic or other material you incorporated into Products that was not part of
the standard Site Content.
Disclaimer of Warranty
The site and its content are provided "as is" without warranty of any
kind, either expressed or implied, including, but not limited to, warranties of
merchantability, fitness for a particular purpose, or non-infringement. You
acknowledge that operation of the site may not be uninterrupted or error free.
References and links to products or services of independent companies may
appear on the site. These references and links are provided "as is"
without warranty of any kind, either expressed or implied.
Limitation of Liability
In no event shall Fabnyou.com or its licensors, suppliers, or
vendors, their officers, directors, employees, or agents be liable for any
special, incidental, indirect, or consequential damages of any kind, or for any
damages whatsoever resulting from loss of use, data, or profits, whether or not
Fabnyou.com has been advised of the possibility of damage, arising
out of or in connection with the use or performance of the site or of failure
to provide products or services that you order from Fabnyou.com or
its affiliates, including without limitation, damages arising from mistake,
omission, virus, delay, or interruption of service. In no event shall Fabnyou.com
be liable or responsible for any damages or consequences arising
from or related to your inappropriate or unauthorized use of this site or its
content. In no event shall Fabnyou.com be responsible for any
delays / damages occurred during transit of shipments
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback
Information”) provided to Fabnyou.com in connection with the
operation or content of this Site shall be provided by the submitter and
received by Fabnyou.com on a non-confidential basis. All such
comments, suggestions, and other information shall become the exclusive
property of Fabnyou.com . By submitting any such information to Fabnyou.com
, you agree that you are transferring and assigning, at no charge, all of
your right, title and interest in the information, including all copyrights and
other intellectual property rights. You agree that Fabnyou.com
shall be free to use such information on an unrestricted basis.