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.
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 are encouraged to register their identifying information and become "Registered Users." 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.
Fabulously40 members are encouraged to post their comments and views on forums, blogs, articles, and community posts. Fabulously40 holds the right to deactivate any members that are posting offensive comments towards others, without prior notice.
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.
Limitation of Liability for Private Group & Local Chapters
Fabulously40 Inc. doesn't have the access to, nor does it censor the content posted on private groups. Fabulously40, Inc. SHALL NOT be liable for any damages whatsoever, and in particular 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 private groups, 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. Fabulously40 Inc., doesn't take any responsibility for actions, conduct or content that transpires between members in the private group setting. As a member you understand and agree that because local chapters reside on the website and are password protected, there may be conduct, content or certain events that may be covered by local or national media or via Internet without members consent. Accordingly, you participate in private groups by choice and at your own risk.
As a member you agree to indemnify and hold Fabulously40 Inc, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs against Fabulously 40, Inc. due to or arising out of your use of the Private Groups and Local Chapters.
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.
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.
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: firstname.lastname@example.org
Rules of Conduct
You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You agree to use the Service only to send and receive messages and material that are legal, proper and related to the particular Group. By way of example, and not as a limitation, you agree that when using the Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
post any inappropriate, defamatory, infringing, obscene, or unlawful Content;
post any Content that infringes any patent, trademark, copyright, trade secret or otherproprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content;
post messages that promote pyramid schemes or anything else prohibited by the Group owner.
download any file Posted by another user of a Group that you know, or reasonably should know, that cannot be legally distributed in such manner;
impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted;
restrict or inhibit any other user from using and enjoying the Service; Personal attacks.
use the Service for any illegal or unauthorized purpose;
remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
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;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Google;
create user accounts by automated means or under false or fraudulent pretenses;
Spam or abuse the fabulously40 social network, deterring other member's enjoyment.
promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
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.
Fabulously40 members are encouraged to post their comments and views on forums, blogs, articles, and community posts. Fabulously40 holds the right to deactivate any members that are posting offensive comments towards others, or derogatory comments towards Fabulously40.com site without prior notice.