TERMS OF USE

Welcome to the FabFemme, Inc. ("FabFemme") website. Please review the following terms and conditions concerning your use of FabFemme Services. This is a legal agreement ("Agreement") between you and FabFemme. Please read the Agreement carefully before registering for or using any FabFemme service (each a "Service" and collectively the "Services").

By accessing or using any Service, or by using or downloading materials from this website (whether or not you utilize any Service), you agree to follow and be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR ANY SERVICE OR USE THIS WEBSITE. The terms of this Agreement are subject to change by FabFemme at any time, effective upon posting updated Agreement on our website. Any use of the Service after such notice will constitute acceptance by you of the changes.

ELIGIBILITY FOR SERVICES

FabFemme currently specializes in sponsoring and promoting social networking for gay and bisexual women aged 21 and over, who are gender-identified as female. We are unfortunately unable to accommodate other individuals at this time, and therefore reserve the right to refuse the registration, R.S.V.P. and/or attendance at any event of any person who is not within this intended audience. Membership in FabFemme is void where prohibited. Your registration for, and/or use of, any Service constitutes your representation and warranty that you satisfy these eligibility requirements and you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.

USE OF SERVICES

Personal Use Only. The Services are intended for your personal use only, and may not be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity. You may not use this website or any Service for commercial purposes, including (but not limited to) advertising to, or solicitation of, other Members.

Online Account Security. You will select a unique username and password in association with your registration for the online networking service. You are responsible for maintaining the confidentiality of your username and password. You are further responsible for any and all activity on your account. If you become aware of an unauthorized use of your account, you agree to immediately notify FabFemme. FabFemme will not be liable for any loss or damage arising from your failure to comply with this provision.

Accuracy of Information. You will not provide inaccurate, misleading or false information to FabFemme or to any other Member. You will promptly notify FabFemme if information provided to FabFemme or another Member later becomes or is discovered to be inaccurate, misleading or false.

Contact with Others. You are solely and exclusively responsible for your interactions with other members and/or users of FabFemme services (each is referred to in this Agreement as a "Member" and collectively as "Members"), whether in person or online. You acknowledge that FabFemme does not in any way screen Members, nor do we perform any investigation into their background or any of their representations or statements made to you or others. FABFEMME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY MEMBER, OR WITH RESPECT TO ANY MEMBER’S COMPATIBILITY WITH ANY OTHER MEMBER. In no event shall FabFemme be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any Member (including you) in connection with the use of any Service and/or this website, including without limitation: bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members (or any of them), or other persons you meet through any Service. You agree to take reasonable precautions in all interactions with other Members, whether online or in person.

Personal Conduct. You acknowledge and agree that:

As a condition of your use of this website and/or the Services, you agree that you will not use this website or any Service for any purpose that is unlawful or prohibited by this Agreement. Use of this website or any Service for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this website, or Services, or any other person’s use or enjoyment of this website or Service, is strictly prohibited.

The following non-exhaustive list of illegal or improper conduct is expressly prohibited:

  • Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of FabFemme or any Member or supplier, or those of any other party;
  • Any attempt to probe, scan or test the vulnerability of a system or network of FabFemme or any of its customers or suppliers, any Service, or those of any other party;
  • Interference, or any attempt to interfere with Service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
  • Forgery of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
  • Falsification of address information or other modification of e-mail headers to conceal the sender’s or the recipient’s identity;
  • Use of this website or any Service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
  • Use of this website or any Service to engage in activities that violate any applicable law or governmental regulation; and/or
  • Any use of this website or any Service with the intent to offend, exploit, harass, or otherwise cause harm to any other person or entity.

Content. You are solely responsible for the information and/or materials ("Content") you publish, display or otherwise communicate in any manner (hereinafter, "post") on this website or any Service, or transmit to other Members. You will not post or distribute to another Member any illegal or prohibited Content, including (but not limited to) Content that:

  • is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing ("spamming");
  • contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;
  • is abusive, threatening, obscene, defamatory or libelous;
  • contains or promotes distribution of, or access to, an unauthorized copy of another person’s copyrighted work;
  • contains or promotes distribution of, or access to, any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • contains or provides material that exploits people under the age of 18 in a sexual or violent manner;
  • solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You acknowledge and agree that FabFemme may (but has no obligation to) review and delete any Content, messages, emails, photos or profiles posted to or sent through FabFemme, that FabFemme in its sole discretion determines is in violation of this Agreement, or might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Members, persons or entities. However, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT POSTED BY YOU AND INCLUDED IN YOUR PRIVATE E-MAIL MESSAGES. FabFemme will treat non-public e-mails between you and other Members as confidential to the extent permitted by applicable law.

Lawful Use. You will use the Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.

Violations. You will promptly report to FabFemme any violation of the Terms of this Agreement by other Registered Users.

PURCHASES

Payment. When you purchase any product offered through this website (each a "Product" and collectively the "Products") or any Service, FabFemme will charge and collect the applicable price or fees from you, including any applicable taxes, using a reputable and secure online payment system. By confirming your purchase, you expressly authorize all such charges. You will pay all expenses, including actual attorneys’ fees, incurred by FabFemme or its representatives in collecting any such amounts due. Your obligation to pay undisputed amounts due for any Product or Service, and FabFemme’s right to all such amounts, are absolute and unconditional. You are not entitled to setoff of such amounts.

All Sales Final. All sales of Products and Services are final. You cannot cancel a purchase, and there are no refunds or exchanges.

FABFEMME CONTENT; PROPRIETARY RIGHTS

You may not use, download or copy any information supplied by FabFemme on this website unless: (i) you use the information solely for personal, informational and non-commercial purposes, (ii) you include the FabFemme trademark and copyright symbol on each downloaded or copied page, and (iii) you do not modify any of the information. The rights granted to you constitute a license and not a transfer of title. FabFemme, Inc. reserves the right to revoke the authorization to view, download, print and/or reproduce the documents and information available on this site at any time, and any such use shall be discontinued immediately upon written notice from FabFemme.

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information owned by FabFemme from this website without the prior written permission of FabFemme. You may not "mirror" any materials contained on this website on any other server without FabFemme’s prior express written permission. Any unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright. Entire contents Copyright © 2004-2006 FabFemme, Inc.. All rights reserved. Electronic documents published on this website are protected by international copyright laws. Distribution or publication of these pages (including text and graphics) in any form without prior written permission is forbidden.

Trademarks. FabFemme, and related FabFemme, Inc. logos are registered trademarks of FabFemme, Inc. All other trademarks or registered trademarks used within these pages are the property of their respective holders. All company names, product names and logos on these pages are also trademarks, registered trademarks, or trade names of their respective holders. FabFemme’s use of company names, product names and logos or images on this website does not necessarily constitute an endorsement of the named company or products by FabFemme.

Links to Third Party Sites. This website may contain hyperlinks to websites that are not controlled by FabFemme. FabFemme is not responsible for, and does not endorse or accept any responsibility over, the contents or use of such websites.

Submissions. All comments and feedback, testimonials, and other generally non-personal information submitted to FabFemme ("Submissions") will be deemed non-confidential and FabFemme’s property. By providing one or more Submissions to FabFemme, you agree to assign to FabFemme, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submission(s). Subject to the restrictions on use of personal information in FabFemme’s Privacy Policy, FabFemme will be free to use and/or disseminate the Submission(s) on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submission(s) that you provide, and that you have full responsibility for the Submission(s), including their legality, reliability, appropriateness, originality and copyright.

Personal Information and Privacy. To learn about how FabFemme protects your privacy, please refer to FabFemme’s Privacy Policy.

DISCLAIMER

While every effort is made to ensure the accuracy of information offered on these pages, FabFemme will have no liability for errors, omissions or inadequacies in the information contained herein or for interpretations of the information. This website could include inaccuracies or out-dated information and is subject to change at any time without notice. Your use of this website is at your own risk. You agree to hold FabFemme harmless from, and not to sue FabFemme for, any claims based upon use of this website. FabFemme is not responsible for the conduct – whether online or offline – of any member or user of the website.

TO THE EXTENT ALLOWABLE BY LAW, THE INFORMATION, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE, AND ALL SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. FABFEMME AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THIS WEBSITE, ANY PRODUCTS AND/OR SERVICES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FABFEMME BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ANY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN MEMBERS OR USERS OF ANY PRODUCT OR SERVICE OR PERSONS INTRODUCED BY A SERVICE, WHETHER ONLINE OR OFFLINE.

INDEMNIFICATION

You will indemnify and hold harmless FabFemme, its officers, directors, employees, agents and subcontractors, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to your: (i) use of this website or any Product or Service; and (ii) improper and/or unauthorized acts or omissions, including any breach by you of any term of this Agreement.

TERMINATION

Either you or FabFemme may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. FabFemme reserves the right to immediately suspend or terminate your access to any Service, without notice, if FabFemme (in its sole discretion) determines that you have violated any term of this Agreement. In the event that your access to any Service is suspended due to the breach of this Agreement, you acknowledge and agree that all fees you have paid to FabFemme for such Service will not be refunded. Following any termination of your account and/or membership, FabFemme reserves the right to send a notice that you have been terminated to other Members with whom you have corresponded.

NOTICES

All notices, communications, demands and payments required or permitted to be made pursuant to this Agreement shall be sent by certified or registered mail, postage prepaid; overnight messenger service; facsimile, personal delivery or electronic mail as follows: if to you, to the most current email address or physical address on file with FabFemme in association with your membership or account; if to FabFemme:

FabFemme, Inc.
590-6th Street, Suite 303
San Francisco, CA 94103
Email: info@fabfemme.com

GOVERNING LAW

This website is controlled and operated by FabFemme, Inc. with its corporate headquarters in San Francisco, California. Any claim or dispute relating to your use or attempted use of this website shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using this website, you submit to the exclusive jurisdiction of the appropriate state or federal courts in San Francisco, California, in any proceeding relating to any such claim or dispute.

ENTIRE AGREEMENT

This Agreement contains the entire agreement between you and FabFemme regarding the use of this website and any Product or Service. Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.