Welcome to FABFAD.com, a service of CPrint Holdings, LLC, a Delaware limited
liability company, and its affiliates (together, “FABFAD”). FABFAD
provides website features and other products and services to you when you
visit or use FABFAD.com, use FABFAD’s services, use FABFAD applications for
mobile, or use tools or software provided by FABFAD in connection with
any of the foregoing (collectively, “FABFAD’s Services”). All of
FABFAD’s Services are subject to the following terms and conditions.
Please read them carefully.
1. USE OF FABFAD’S SERVICES & ACCEPTANCE OF
BY USING FABFAD.COM AND FABFAD’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE
(THE “TERMS”) AND AGREE TO BE LEGALLY BOUND BY THEM.
IF YOU DO NOT AGREE TO ALL THE TERMS, YOU MAY NOT USE OR ACCESS FABFAD’S
SERVICES AND MUST DISCONTINUE USE OF FABFAD’S SERVICES, INCLUDING
BY USING FABFAD.COM AND FABFAD’S SERVICES, YOU REPRESENT THAT YOU EITHER
HAVE THE LEGAL CAPACITY TO ACCEPT AND AGREE TO THESE TERMS, OR THAT YOUR
PARENT(S) OR LEGAL GUARDIAN(S) HAS CONSENTED TO YOUR USE OF FABFAD’S
SERVICES AND ACCEPT AND AGREE TO THESE TERMS ON YOUR BEHALF.
2. MODIFICATION TO TERMS
FABFAD reserves the right to update or modify the Terms at any time without
notice, and you agree that FABFAD may do so. If the modifications to
the Terms constitute a material change in FABFAD’s good faith reasonable
judgment, FABFAD will notify you via email or by posting a notice on
If you do not agree to any modification of these Terms, you must immediately
stop using FABFAD’s Services. Your continued use of FABFAD’s Services after
any modification to these Terms constitutes your acceptance of the amended
If you ever have any questions about these Terms, please do not hesitate to
contact us at firstname.lastname@example.org.
3. UPLOADING DESIGNS AND CONTENT; OWNERSHIP AND
RIGHT TO USE
When you upload or post your designs, drawings, text, photographs, images or
other content to FABFAD.com (your ‘Designs” or “Content”), you keep your
copyright to your Content. All Designs uploaded to FABFAD.com are
By uploading Designs to FABFAD.com you represent and warrant that:
- You are the lawful owner of such Designs.
- You have all rights to use, reproduce, share, make public and
distribute such Designs.
- The Designs comply with all applicable federal, state, and local laws,
regulations and ordinances.
- The Designs do not violate any copyright, trademark, trade secret or
other intellectual property right of any third party.
- The Designs do not invade any individual’s right of privacy or
- The Designs are not unlawful, harmful, threatening, abusive, vulgar,
harassing, defamatory, obscene, pornographic, indecent, inflammatory,
libelous, tortious, hateful, or racially, ethnically or otherwise
You acknowledge and agree that you are responsible for the creation and
compilation of your Content, and that neither FABFAD nor any other party
assumes that responsibility, whether that party is involved with the
production of any product or material incorporating such Content (including
fabric) or otherwise.
FABFAD’s production of any product depicting your Content, including but not
limited to fabric, does not indicate that FABFAD accepts, approves of or
endorses the Content, that the Content complies with applicable laws, or
that you are absolved of any liability or harm arising from the use of the
You understand that FABFAD provides an automated web-based service and does
not filter or examine Content uploaded to or published on FABFAD.com, and
that FABFAD and its designees shall at all times have the right (but not the
obligation) in their sole and absolute discretion to review, reject or
remove any Content that is uploaded or available via FABFAD.com.
You hereby agree to waive any claims against FABFAD and its affiliates,
contractors, agents, third party service providers and employees
(collectively, “FABFAD’s Representatives”) for losses, damages and injuries
which are based on or relate to Designs, communications or materials made
available to or through FABFAD.com, or posted on FABFAD.com by other users
and persons other than FABFAD or FABFAD’s Representatives.
4. GRANT OF LICENSE TO CONTENT TO FABFAD
By submitting Content to FABFAD.com, you grant FABFAD a nonexclusive,
worldwide, transferable license to create derivative works from, modify,
copy, crop, sell, display and distribute the Content and fabrics created
from or based on such Content as part of FABFAD’s Services.
If you choose to make your Design public on FABFAD.com, you give FABFAD the
right to display or print your Design, including photographic images of
fabric made from that Design, for any reasonable business use, including use
in materials used to help market FABFAD.com and FABFAD’s Services and
users. You acknowledge and agree that Internet search engines will
also index public Designs and the information included in Public user
You acknowledge that FABFAD may review the Designs submitted for any order
placed through FABFAD.com for adherence to FABFAD’s guidelines and
compliance with these Terms.
Without limiting the foregoing, FABFAD and its designees shall have the
right to refuse to fulfill any order for any reason and to remove any
Content that violates the Agreement or is otherwise found to be
objectionable. At our discretion we will remove Content and/or user
accounts that violate our policies with respect to FABFAD.com. FABFAD
reserves the right to amend the policies described above from time to time
at its sole discretion.
Prices for products and services on FABFAD are described on FABFAD.com and
are incorporated into these Terms by reference. All prices are in US
dollars. Prices and products may change at FABFAD’s discretion at any
time and for any reason, including availability of materials necessary to
If FABFAD determines any price information is inaccurate, FABFAD reserves
the right to void any order made in reliance on an inaccurate price, and to
correct or modify inaccurate charges for any order, including after
Title and risk of loss for all products ordered by you on FABFAD.com shall
pass to you upon FABFAD’s delivery to the shipping carrier for
shipment. The shipping carrier shall be solely responsible for any
damage, loss or destruction of products while in the custody of the shipping
You shall be responsible for payment of all shipping, insurance, customs
charges and other transportation costs for shipment of products ordered by
you through FABFAD.com, unless otherwise stated on FABFAD.com or agreed by
FABFAD (such as through a limited time special offer).
8. COPYRIGHT POLICY & PROCESS FOR ALLEGATION
OF COPYRIGHT INFRINGEMENT
FABFAD respects the intellectual property rights of others and expects its
users to do the same. FABFAD may terminate access to FABFAD’s Services
(including accounts on FABFAD.com) for users and account holders whom it
believes to be infringers at its sole discretion.
It is FABFAD’s policy to respond expeditiously to claims of infringement.
FABFAD will promptly process and investigate notices of alleged copyright
infringement and will take appropriate actions under the Digital Millennium
Copyright Act (“DMCA”) and other applicable laws.
If you believe in good faith that your copyrighted material has been posted
on FABFAD.com in violation of any applicable rights or licenses, and you
want this material removed, you must provide FABFAD.com with a written
communication that details the information listed in this section.
Please also note that under Section 512(f) of the Copyright Act any person
who knowingly materially misrepresents that material or activity is
infringing, may be subject to liability. You may wish to contact an attorney
for legal assistance on this matter prior to submitting a notification.
To file a copyright infringement notification with us, you will need to send
a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive copyright interest that is allegedly
- A description of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works are covered by a single notification,
a representative list of alleged infringed copyrighted works.
- Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled, including a link or description of
where the claimed infringing Content is located on FABFAD.com so that
FABFAD is capable of finding and verifying its existence.
- Contact information, including identification of the copyright owner,
your name, address, telephone number, and email address.
- A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the
information in the notice is accurate, and that the complaining party is
authorized to act on behalf of the owner of the copyright interest that
is allegedly infringed.
Send the written infringement notice and the materials above to our
“Designated Agent” the following address:
1901 East 7th Place
Los Angeles, CA 90021
Attention: Legal Department
Upon FABFAD’s receipt of notices in substantial compliance with the DMCA and
the requirements of this Section, FABFAD will use its reasonable efforts to
remove or disable access to any material claimed to be infringing or claimed
to be the subject of infringing activity and to remove or disable access to
any reference or link to material or activity that is claimed to be
9. USER ACCOUNT & PASSWORD
If you register on FABFAD.com, you will create a FABFAD account and will
need to provide a user name, password and valid email address. You may never
use another person's account without permission of the account holder. When
creating your FABFAD account, you must provide true, accurate, current
and complete information about yourself as prompted by the FABFAD.com
registration form and maintain and promptly update your registration data to
keep it true, accurate, current and complete.
You are solely responsible for maintaining the confidentiality of the
password and account, and you are solely responsible for all activities that
occur under or in connection with your password or account.
You agree to immediately notify FABFAD of any unauthorized use of your
password or account or any other breach of security, and to ensure that you
exit from your account at the end of each session.
FABFAD is not and shall not be liable in any manner for any losses caused by
any unauthorized use of your account, or any claims of loss or damage
arising from your failure to comply with these account and password
requirements. You may however be liable for any losses incurred by
FABFAD or other parties due to any such unauthorized use or your failure to
comply with these account and password requirements.
10. USER DELETION OF DESIGNS OR USER ACCOUNTS
If you delete your FABFAD.com account, FABFAD may retain your personal
information as long as is reasonably required to fulfill the purposes for
which it was collected.
If you choose to delete a Design from FABFAD, it will no longer be available
or visible on FABFAD.com. However, if a Design is used for an order
and then deleted, we preserve a copy of that Design to fulfill the order.
Please be advised that FABFAD may retain copies of Designs, orders and use
of FABFAD.com in its archives as required for backing up and protecting its
database and website, and for FABFAD’s business records and evidentiary
11. FABFAD TERMINATION OF USER ACCOUNT
You agree that FABFAD, in its sole and absolute discretion, may at any time
for any reason or no reason, may terminate your password, your FABFAD
account (or any part thereof) or your use of FABFAD.com, and remove and
discard any Content you may have uploaded or contributed to FABFAD.com.
FABFAD, in its sole and absolute discretion, at any time for any
reason or no reason, with or without notice, may modify any aspect of
FABFAD.com and may terminate FABFAD.com in whole or in part and discontinue
providing FABFAD’s Services. Further, you agree that FABFAD shall not be
liable to you or any third-party for any termination of your access to
12. CONSENT TO MONITORING
FABFAD reserves the right to monitor your use and activities on FABFAD.com,
and you acknowledge and agree that FABFAD may (but is not required to) do
so, and that FABFAD may disclose any such information, if and as FABFAD
deems appropriate for purposes of ensuring your compliance with these Terms,
applicable law, cooperating with legal authorities, and otherwise protecting
FABFAD’s rights, property and interests.
13. PRIVACY AND USE OF PERSONAL INFORMATION
Your privacy is very important to us at FABFAD. We collect and store
personal information when you register, move through FABFAD.com, and make
for more detailed information about how FABFAD collects and uses personal
information. By using FABFAD.com and accepting these Terms, you
expressly consent to FABFAD’s use of your personal information as described
FABFAD may set and access cookies to keep track of login status.
Please refer to your browser’s “Help” menu for how to change cookie
Notwithstanding the foregoing, you acknowledge and agree that FABFAD may
preserve your Content and may also disclose your Content and information
about your use of FABFAD’s Services, including your personal information, if
required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or personal
safety of FABFAD, its users and the public.
FABFAD may also disclose personal information as necessary to investigate or
prevent violations of these Terms or suspected illegal activity, to trusted
partners who work with us under confidentiality agreements, or to a company
that acquires or merges with FABFAD.
14. CONSENT TO ELECTRONIC COMMUNICATIONS
When you use FABFAD’s Services, or send emails to FABFAD, you are
communicating with us electronically. You consent to receive
communications from FABFAD electronically. We will communicate with you by
email or by posting notices on FABFAD.com or through FABFAD’s Services. You
agree that all agreements, notices, disclosures and other communications
that FABFAD provides to you electronically satisfy any legal requirement
that such communications be in writing.
You further agree that any notices provided electronically by FABFAD are
deemed to be given and received on the date any such electronic
communication is transmitted. Please be aware that emails to you from FABFAD
may be routed to your “Spam” or “Junk” folder. It is your
responsibility to check your “Spam” or “Junk” folder and change your
settings to allow emails from FABFAD.com if needed.
15. LINKS TO OTHER WEBSITES
FABFAD may provide (and permit other parties to provide) links to other
websites or resources. Because, you acknowledge and agree that
FABFAD has no control of such websites and resources; FABFAD is not
responsible for the availability of such websites or resources; and FABFAD
does not endorse and is not responsible or liable for any content,
advertising, products or other materials on or available from such websites
or resources. You further acknowledge and agree that FABFAD shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such
website or resource.
16. USER’S WARRANTY OF NO INFRINGEMENT
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE DESIGNS WHICH YOU
USE ON FABFAD.COM AND THAT SUCH DESIGNS DO NOT INFRINGE UPON THE PROPERTY
RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR ANY
OTHER RIGHTS OR INTERESTS OF ANY OTHER PERSON. YOU ALSO
REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN ANY WAY RELATED TO OR
ARISING FROM YOUR DESIGNS, INCLUDING THE OWNERSHIP, INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHTS IN THE DESIGNS OR ANY PART OR COMPONENT OF
17. PROHIBITED CONDUCT
You acknowledge and agree that you are fully responsible and liable for
your use of FABFAD’s Services, including for any Content you access or
transmit via FABFAD’s Services and material that results from your use of
FABFAD’s Services, and that you shall bear all risks regarding use of
You agree not to use FABFAD’s Services to engage in any prohibited conduct
that violates any applicable law or regulation, the rights of FABFAD, or the
rights of any third party.
USE OF FABFAD’S SERVICES FOR THE FOLLOWING ACTIVITIES IS STRICTLY
18. FABFAD’S PROPRIETARY RIGHTS
- Harm to Minors. Using FABFAD’s Services to
harm, or attempt to harm, minors in any way.
- Illegal Use. Using FABFAD’s Services to
transmit any material that, intentionally or unintentionally, violates
any applicable local, state, national or international law, or any
related rules or regulations.
- Invasion of Privacy. Using FABFAD’s Services
for activities that invade another’s privacy.
- Intellectual Property Right Violations. Using
FABFAD’s Services to engage in any activity that infringes or
misappropriates the intellectual property rights of others, including
patents, copyrights, trademarks, service marks, trade secrets, or any
other proprietary right of any third party.
- Obscene or Indecent Speech or Materials.
Using FABFAD’s Services to advertise, solicit, transmit, store, post,
display, or otherwise make available obscene or indecent images or other
materials. FABFAD shall fully cooperate with law enforcement if it
becomes aware of any use of FABFAD’s Services in any connection with
child pornography, the solicitation of sex with minors, or any other
obscene or indecent use.
- Harassment, Defamatory or Abusive Language.
Using FABFAD’s Services to transmit, post, upload, or otherwise making
available defamatory, harassing, abusive, or threatening material or
language that encourages bodily harm, destruction of property or
- Hacking. Using FABFAD’s Services to access
illegally or without authorization computers, accounts, equipment or
networks belonging to another party, or attempting to penetrate security
measures of another system. This includes any activity that may be
used as a precursor to an attempted system penetration, including, but
not limited to, port scans, stealth scans, or other information
- Distribution of Internet Viruses, Trojan Horses, or Other
Destructive Activities. Using FABFAD’s Services to
distribute information regarding the creation of and sending Internet
viruses, worms, Trojan Horses, pinging, flooding, mail bombing, or
denial of service attacks. Using FABFAD’s Services for activities
that disrupt the use of or interfere with the ability of others to
effectively use FABFAD’s Services or any connected network, system,
service, or equipment.
- Facilitating a Violation of the Terms. Using
FABFAD’s Services to advertise, transmit, or otherwise make available
any software product, product, or service that is designed to violate
the Terms, which includes the facilitation of the means to spam,
initiation of pinging, flooding, mail bombing, denial of service
attacks, and piracy of software.
- Forgery or Impersonation. Using FABFAD’s
Services to forge or impersonate by adding, removing or modifying
identifying network, message, or article header information in an effort
to deceive, mislead, or mask the originator of the message, or
attempting to impersonate any person by using forged headers or other
- Unsolicited Commercial Email/Unsolicited Bulk Email.
Using FABFAD’s Services to transmit any unsolicited commercial email or
unsolicited bulk email. Activities that have the effect of
facilitating unsolicited commercial email or unsolicited bulk email,
whether or not that email is commercial in nature, are prohibited,
including where email is generated by third-party software such as a
virus or malware. Using deliberately misleading headers in e-mails
sent to multiple parties is strictly prohibited.
- Collection of Personal Data. Using FABFAD’s
Services to collect, or attempt to collect, personal information about
third parties without their knowledge or consent.
- Unauthorized Access. Using FABFAD’s Services
to access or attempt to access the accounts of others, or to penetrate
or attempt to penetrate security measures of FABFAD or another person or
entity’s computer software or hardware, electronic communications
system, or telecommunications system, whether or not the intrusion
results in disruption of FABFAD’s Services or the corruption or loss of
- Other Illegal Activities. Using FABFAD’s
Services in violation of applicable law and regulations related to
illegal activity, including, but not limited to, advertising,
transmitting, or otherwise making available Ponzi schemes, pyramid
schemes, fraudulently charging credit cards, pirating software, or
making fraudulent offers to sell or buy products, items, or services, or
making unregistered sales of securities, securities fraud or “chain
- Resale. The sale, transfer, or rental of
FABFAD’s Services to customers, clients or other third parties, either
directly or as part of a service or product created for resale.
You acknowledge and agree that all content included in or made available
through FABFAD’s Services, such as graphics, logos, button icons,
images, text, digital downloads, and data compilations or other material
contained or distributed on or through FABFAD.com by FABFAD is the property
of FABFAD or its content suppliers and protected by United States and
international copyright laws. The compilation of all content included in or
made available through FABFAD’s Services is the exclusive property of FABFAD
and protected by U.S. and international copyright laws. You may
not use, reproduce or distribute any content on FABFAD.com without the prior
written consent of the owner of such website content, except as permitted by
You also acknowledge and agree that all graphics, logos, page headers,
button icons, scripts, and service names included in or made available
through FABFAD’s Services are trademarks or trade dress of FABFAD in the
U.S. and other countries. FABFAD’s trademarks and trade dress may not be
used in connection with any product or service that is not FABFAD’s, in any
manner that is likely to cause confusion among customers or users, or in any
manner that disparages or discredits FABFAD. All other trademarks not owned
by FABFAD that appear in FABFAD’s Services are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by FABFAD.
You acknowledge and agree that FABFAD.com and any software used in
connection with FABFAD.com (“FABFAD Software”) contains proprietary and
confidential information that is protected by applicable intellectual
property and other laws. All such FABFAD Software shall remain the
properly of FABFAD and you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on FABFAD Software, in whole or
19. NO UNAUTHORIZED USE
Except as expressly stated in these Terms, you are not allowed to use,
display or reproduce any part of the FABFAD.com website without FABFAD’s
prior written consent and authorization and you are not granted any
intellectual property rights in or to FABFAD.com website by implication,
estoppel or any other legal theory. All rights in and to FABFAD.com
not expressly granted in these Terms are hereby expressly reserved and
retained by FABFAD.
20. FABFAD DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THIS WEBSITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS
AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FABFAD AND ITS
REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR
FABFAD’S SERVICES AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY,
QUALIFICATIONS, OR CAPABILITIES OF FABFAD.COM, WHETHER EXPRESS OR IMPLIED,
ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY FABFAD, OR
OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM FABFAD OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT (A) FABFAD’S SERVICES MAY NOT BE
UNINTERRUPTED OR ERROR-FREE; (B) YOU MAY BE EXPOSED TO VIRUSES OR OTHER
HARMFUL APPLICATIONS AND A VARIETY OF MATERIALS AND INFORMATION THAT MAY BE
OFFENSIVE TO YOU THROUGH FABFAD’S SERVICES; (C) FABFAD DOES NOT GUARANTEE
THE SECURITY OF FABFAD’S SERVICES; (D) BY USING FABFAD’S SERVICES,
UNAUTHORIZED THIRD PARTIES MAY BE ABLE TO ACCESS YOUR COMPUTER OR FILES OR
OTHERWISE MONITOR YOUR CONNECTION AND ACTIVITIES; AND (E) AVAILABILITY OF
FABFAD’S SERVICES IS BASED ON THE DISCLAIMER OF WARRANTIES AND LIMITATION OF
21. FABFAD’S LIMITATION OF LIABILITY; TIME FOR
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FABFAD,
ITS OWNERS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL OR
EXEMPLARY DAMAGES OR LOST PROFITS BASED ON CLAIMS ARISING OUT OF OR IN
CONNECTION WITH USE OF FABFAD’S SERVICES (INCLUDING, BUT NOT LIMITED TO,
PRODUCTS ORDERED THROUGH FABFAD.COM, UNAUTHORIZED ACCESS, DAMAGE, THEFT,
CLAIMS FOR LOSS OF GOODWILL OR LOSS OF DATA, USE OF OR RELIANCE ON FABFAD’S
SERVICES, STOPPAGE OF OTHER WORK, IMPAIRMENT OF OTHER ASSETS, OR DAMAGE
CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL
APPLICATION), REGARDLESS OF WHETHER FORESEEABLE OR UNFORESEEABLE, OR WHETHER
SUCH ACTION OR CLAIM IS BROUGHT IN TORT, CONTRACT OR ANY OTHER BASIS.
IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH
YOUR USE OF THE WEBSITE FABFAD.COM, YOUR ONLY RECOURSE IS TO IMMEDIATELY
DISCONTINUE YOUR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO
YOUR USE OF FABFAD.COM OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ACCRUES. OTHERWISE, SUCH
CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY AND FOREVER BARRED.
22. RETURN POLICY.
We stand by our products. If you are not satisfied with your order, please
visit our Return Policy (https://www.fabfad.com/pages/returns) webpage for
You agree to promptly and completely indemnify and hold harmless FABFAD, its
owners, and its and their suppliers and licensors, officers, directors,
employees, agents, affiliates and FABFAD’s Representatives from any claim,
liability, loss, damage, cost, or expense (including, without limitation,
all costs of defense, including reasonable attorneys’ fees, court costs, the
costs of investigation and any appeal and damages) arising out of or in any
way related to (a) your use and any actions taken by you in connection with
your use of FABFAD’s Services (including FABFAD.com); (b) Content you
submit, post to or transmit through FABFAD.com; (c) your connection to
FABFAD.com ; and (d) any violation of any third party's rights or a
violation of law or regulation, or any breach of these Terms. Such
indemnification shall not be construed to limit or exclude any other claims
or remedies that FABFAD may assert under these Terms, by law or in equity,
all of which are hereby expressly reserved.
24. ARBITRATION OF CLAIMS
You agree to submit to binding arbitration in Los Angeles, California, any
and all controversies or claims at any time arising out of or relating to
your use of FABFAD’s Services (in each instance, a “Claim”). FABFAD
shall have the sole and absolute discretion to elect the arbitration service
provider and applicable rules for such binding arbitration, and at its
option, FABFAD may elect to first proceed with mediation with the mediation
service provider and applicable rules of FABFAD’s choice. Any arbitral
or mediation award shall be the exclusive remedy of the parties for all
claims, counterclaims, issues or accountings presented or plead.
Judgment upon the award may be entered in any court that has jurisdiction
over the Claim. Any additional costs, fees or expenses incurred in
enforcing such an award shall be charged against the party that resists its
enforcement. Nothing in this Section or the Terms shall prevent FABFAD
from seeking interim relief through the courts.
25. GOVERNING LAW, JURISDICTION AND VENUE
These Terms and your use of FABFAD’s Services shall be governed by the laws
of the State of California, without regard to conflicts of law principles.
YOU AND FABFAD HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF
ANY CALIFORNIA STATE OR FEDERAL COURT SITTING IN LOS ANGELES COUNTY OVER ANY
SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICE OR
THESE TERMS. YOU HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED
BY LAW, ANY OBJECTION YOU MAY NOW OR HEREAFTER HAVE AS TO SUCH VENUE BEING
AN INCONVENIENT FORUM.
FABFAD shall have no liability for any failure or delay resulting from any
condition beyond the reasonable control of FABFAD, including but not limited
to governmental action or acts of terrorism, earthquake, fire, flood or
other acts of God, labor conditions, power failures and Internet
These Terms shall not be construed as creating a partnership, joint venture,
agency relationship or granting a franchise between FABFAD and any other
party. If any term or provision of these Terms or the application
thereof to any person or circumstance shall to any extent be held invalid or
unenforceable, in whole or in part, the remainder of these Terms or the
application of such provision to the persons or circumstances other than
those as to which it is invalid or unenforceable shall not be affected
thereby, and each other provision of these Terms shall be valid and
enforceable to the fullest extent permitted by law. FABFAD’s Services
are subject to existing law and legal process, and nothing contained in
these Terms shall waive or impede FABFAD’s right to comply with law
enforcement requests or requirements relating to your use of FABFAD’s
Services or information provided to or gathered by FABFAD with respect to
(Last Updated August 16, 2015)