Use Of the Services
By using the Services, you represent and warrant that you are more than 18 years of age or are visiting the Website with the permission and supervision of a parent or guardian.
You acknowledge and agree that your use of our Services is for your personal use and not for advertising purposes. You may not use any of the Services to recreate or compete with us, to solicit or harass anyone associated with us or anyone associated with our franchisees, or for any other purpose not contemplated herein.
Intellectual Property Rights
All graphics, images and content on the Website, blog and social media platforms belong exclusively to us or our affiliates. The use of any fab’rik trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit us. In addition, you may not use any of our trademarks or service marks in meta tags without our explicit prior consent. Any unauthorized use of any material contained on the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Content You Provide (User-Generated Content)
By Submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to us, our affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing us or a third party to post User Generated Content to any public area of the Services, you grant us all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, Trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A SERIOUS MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO fab’rik AND ITS FRANCHISEES, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION, INCLUDING, BUT NOT LIMITED TO, SOMEONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO fab’rik AND EACH fab’rik FRANCHISEE WHO ACCEPTS SUCH INFORMATION, FOR THE GREATEST EXTENT PERMISSABLE BY LAW FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, IN ADDITION TO THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING TO OBTAINING SUCH REMEDIES.
We reserve the right to revoke your access to any Services at any time. All information about us is confidential and for your personal use only. If it is determined or suspected by us, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, we reserve the right, in its sole discretion, to immediately terminate your access to the Services without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In the event that you do not wish for us to use your User Generated Content, please do not Submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of us, and we make no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. We reserve the right to remove any User Generated Content from the Services at any time and for any reason.
We strive to provide complete, accurate and up-to-date information on the Website. Unfortunately, we are not able to ensure that the Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability and some information may not be complete or current. We reserve the right to correct any errors, omissions or inaccuracies. This includes making corrections after an order has been submitted -- and to change or update information at any time without prior notice. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If your credit card has already been charged for such an erroneous purchase, we shall issue a credit to your card for the full amount of the charge. Additionally, we have made every effort to display, as accurately as possible, the colors of our products that appear on this site. However, as the actual colors you see depend on your monitor, we cannot guarantee that your monitor’s display or colors you see will be accurate.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link as part of the Services or the Website nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by us.
There may be circumstances where access to the Website is provided by a hypertext link located at another website or mobile site. We have no responsibility for the content of such other web sites or mobile apps. We do not make any representations or give any warranties or conditions with respect to any information contained in or at these other websites or apps and we shall not be liable for any damages or injury arising from the content of or access to these other sites.
We deeply respect the intellectual property of others. Please contact firstname.lastname@example.org you believe that any content on the Website constitutes an infringement of your copyrights.
User IDs and Passwords
Ratings and Reviews are Not Endorsed by fab’rik
All ratings and reviews displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of us. We disclaim any and all representations or warranties with regard to the ratings and reviews. We do not assume responsibility or liability for any rating or review or for any claims, damages, or losses resulting from any use of the Website, Services or the materials contained therein.
The information contained on the Services, including the Website, is intended to provide information on various subjects of interest. THE INFORMATION IS PROVIDED “AS IS,” AND fab’rik MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. fab’rik DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. fab’rik WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE.
Neither us, nor our franchisees, warrants that access to the Services will be uninterrupted or that the Services will be error free; nor do they make any warranty as to the results that may be obtained from the reliability, completeness, or content of any or service, information or materials provided through or in connection with the use of the Services. Neither us, nor our affiliates, franchisees or licensors warrant that the Services are free from viruses, worms, Trojan horses or other harmful components, nor are they able to guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.