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Terms & Conditions

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PLEASE READ THE FOLLOWING CAREFULLY

FabandFru.com (“Site”) is provided by Fabulous & Frugal, Inc. and/or its affiliate(s), subsidiary(ies) and/or related entity(ies) (collectively, “Owner”) for the personal, non-commercial enjoyment of the Site’s visitors, subject to the usage rules set forth in this section (the “Terms of Use”) or elsewhere on the Site (see our Privacy Policy and Disclaimer sections), the terms of which may be modified from time to time by Owner upon posting of such modifications in this or any other applicable section.

By visiting the Site, you are deemed to have agreed to the Terms of Use, including any future modifications, whether or not you have actually read said Terms of Use or any such future modification.  If you do not wish to agree to our Terms of Use and/or any future modification thereto, please do not visit the Site.

Site Content

This Site and any information provided to you thereby (collectively, the “Services”) are provided solely for your personal, non-commercial entertainment and informational purposes.

The Site does not offer professional financial services or advice.  You must always consult with financial professionals who are familiar with your personal financial situation before making any investment or other financial decision.

All content provided on the Site is selected by Owner based solely on its anticipated value to you and the Site’s other users.  The Site does not accept payment of any kind for placement of content.  Any advertisements or other for-profit activities will be clearly distinct from its editorial content.

The Site is not intended for children, and, therefore, the Services may include  information on topics which some may consider inappropriate for minors.  Owner may, in its sole discretion, limit access to the Site or to certain aspects thereof, to users eighteen years of age or older, and you agree to abide by any such restriction, including by not assisting underage third parties to subvert such restriction.

Information Collected

If you provide the Site with any information about yourself, including your email address, personal information and/or demographic information, via our questionnaire, in an email, through a survey or similar means, or otherwise, you agree that such information is and will be (a) only about yourself, and, (b) true, accurate, current and complete at the time of submission. If any information provided by you is actually about a third party or untrue, inaccurate, dated or incomplete, Owner reserves the right to refuse to provide you with access to the Services or the Site.

Privacy Policy

Please read our Privacy Policy in which we provide details about how Owner collects, utilizes and protects information about you and other visitors to the Site.

Makeovers, Contests or Promotions

As part of the Services, either on or through the Site, Owner may offer you the opportunity to participate in makeovers, contests or promotions (collectively, “Activities”). To participate in the Activities, participants may be required to complete a registration form or otherwise provide Site with personal or demographic information. Upon submission, all registration forms or information become the exclusive property of Owner and may be utilized in accordance with our Privacy Policy.

Participants expressly agree that neither Owner, its affiliates, subsidiaries, agents, advertisers, sponsors nor any similar third parties, shall be liable for any loss or damage suffered by participant due to her participation in, or otherwise in connection with, any Activity, or otherwise in connection with the Site.  Without limiting the generality of the foregoing, in no event shall Owner or other aboveindicated party be liable for any technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any would-be participant’s participation in any Activity.  Further, you expressly acknowledge that Owner’s decision regarding any would-be participant’s participation in a makeover or similar, individualized Activity, is solely that of Owner; Owner’s decision as to participant selection shall be final.

Some Activities may require participants to execute contracts or similar documents to participate, and you agree that any such failure of a participant to so execute these documents, or otherwise fail to follow any published rule or restriction of any given Activity, may make such participant ineligible for said Activity.

Any taxes due on any prize, including services provided, or award made in connection with any Activity, shall be the sole responsibility of the participant receiving such prize or award; Owner assumes no liability for any participant’s failure to make payments due any state or federal agency, and you expressly acknowledge that you are aware Owner will file all required notices with the IRS and other relevant taxation authorities.

Owner reserves the right to cancel, terminate or modify any Activity or the rules therefor or criteria for participation therein at any time without prior notification.

Intellectual Property Rights

Fab & Fru, Fabulous&Frugal.com, the Site and, except where indicated otherwise, all materials contained thereon, are the sole property of Owner under the laws, including without limitation copyright, trademark and other intellectual property rights, of the United States, New York State and all other relevant jurisdictions.  Except as otherwise specifically provided in these Terms and Conditions, you may not download or otherwise save, duplicate, or disseminate any aspect of the Site or its contents for any purpose unless authorized to do so by law.

Owner makes no claim of ownership to the content of third party advertisements appearing on the Site or the third party sites whose links appear on the Site.

Restrictions On Use

Except as expressly permitted in writing by Owner (or such other party as may own or control the applicable rights), you may not reuse, modify, copy, duplicate, publish, display, transmit, adapt, create ancillary or derivative works or in any way exploit the content or other aspects of the Site, or any rights, including copyrights, therein.  If you wish to obtain a license for any such use, please feel free to contact us with your request.

You must abide by all copyright and/or trademark registration notices and/or other indicia of ownership or restrictions on third party use contained on the Site.

Indemnification

If so requested by Owner, you agree to defend, indemnify and hold Owner, its subsidiaries, affiliates, parents, successors and assigns, and their respective officers, directors and employees, harmless from any and all claims, liabilities, losses, costs and expenses, including reasonable attorney and accounting fees, arising in any way from your use or misuse, or of your assistance in any third party’s(ies’) use or misuse of the Site or the Services, or the copying, uploading, posting, publishing, reproduction, distribution or transmission of any of the Site’s content or other materials connected to the Site or the Services or otherwise owned or controlled by Owner in connection therewith, by you or third party users authorized by you, or otherwise in violation of these Terms and Conditions. Owner reserves the right, at its own expense, to assume control of any defense undertaken, including without limitation the right to solely determine the acceptability of any proposed settlement offer.  In the event a joint defense is required by law or requested by Owner, you agree hereby to such joint defense, which shall by controlled by Owner in all respects permitted under law.

Unsolicited Materials

Owner does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you, and you expressly agree that any information or material submitted or sent to Owner shall be:

(a) original to and owned entirely by you and you alone;

(b) intended for use by Owner and/or on or in connection with the Site;

(c) deemed not to be confidential, secret or proprietary; and,

(d) irrevocably licensed to Owner for its unrestricted albeit non-exclusive use, royalty-free, throughout the universe and in perpetuity, in any manner or media now known or hereafter devised, in whole or in part, as submitted or as altered by Owner, including any works derived or ancillary thereto.

You further agree to execute any documents reasonably requested by Owner to effectuate the foregoing terms; to waive any so-called droit morale or moral rights and/or other ownership interests or rights recognized by jurisdictions outside the United States; and to remain primarily liable to, and to indemnify Owner for any losses in connection with, any inaccuracies, illegality, indecency, negligence, tortious action or inaction in connection with persona or other rights, and/or infringement of third party proprietary materials contained in any submitted materials or information.

Copyright Infringement Allegations

While Owner will use its best efforts consistent with industry standards to ascertain the ownership of all content on the Site, if you believe the Site contains an unauthorized copy of your work please contact us by email with the following information:

Your name, pen name (if applicable), address, daytime telephone number, and e-mail address;

A description or sample of the copyrighted work you believe has been infringed;

A description of (including the date seen) or link to the allegedly infringing material;

A personal declaration that you are the owner, or are the duly authorized agent of the owner, of the disputed content, and that you, as owner or agent therefor, have not authorized the disputed use;

Your electronic or physical signature; and

A statement by you affirming, under penalty of perjury, that the foregoing information provided to Owner accurately and completely reflects your ownership or, if applicable, your authorization to act on behalf of the owner in this matter.

Linked Sites

The Site may provide users with links to websites owned by third parties.  Owner does not in any way review or control the third party sites linked to the Site, nor is Owner responsible for the content, including without limitation the advertisements, of these third party sites.  Providing users of the Site with any such link does not constitute an express or implied endorsement by Owner of the linked site, its content or the third party sponsoring it.

Further, Owner has no knowledge of, or control over, or responsibility for the privacy, information gathering or security provisions or policies or technologies of any sites linked to Site, and advises you to visit such links with this in mind.  It is your sole responsibility to ascertain the privacy, information gathering and security provisions of such sites as well as to comply with the appropriate terms of usage in connection therewith.

In no event shall Owner be liable, directly or indirectly, to you or any third party for any loss or damage arising from or connected with your use of a link appearing on the Site, or visit to a linked site.

Owner reserves the right to offer different links or different linking features to different users of the Site.

If you wish to have your site linked to Site, please contact Owner.  Links may only be added with Owner’s prior written consent, which consent may be withheld or, if granted, terminated at any time in Owner’s sole discretion.

SPECIAL NOTICE:  SOME SITES LINKED TO SITE MAY BE APPROPRIATE FOR ADULTS ONLY, INCLUDING THOSE WHICH SELL ALCOHOL, OR CIGARETTES OR OTHER TOBACCO PRODUCTS, OR THOSE WHICH CONTAIN SEXUALLY-ORIENTED CONTENT.  USER AFFIRMS TO OWNER THAT USER WILL COMPLY WITH ALL AGE-RELATED ACCESS REQUIREMENTS OF THE LINKED SITES, AND THAT IN NO EVENT IS OWNER LIABILE FOR ANY LOSS OR DAMAGE ARISING FROM USER’S OR ANY THIRD PARTY’S USE OF SUCH AGE-RESTRICTED LINKED SITES OR THE LINKS THERETO.

Disclaimer of All Warranties

THE SITE AND SERVICES IN CONNECTION THEREWITH ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, OWNER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES; (b) ANY WARRANTIES CONCERNING THE CREDENTIALS OR PROFESSIONAL STANDING OF ANY CONTENT CONTRIBUTOR; AND/OR (c) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY LOSS OR DAMAGES OR INJURY CAUSED BY THE SITE OR THE SERVICES TO ANY USER OR THIRD PARTY, INCLUDING WITHOUT LIMITATION THOSE OCCURRING AS A RESULT OF (a) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE SITE, THE SERVICES OR OTHER CONTENT, OR (b) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SITE, UNDER ANY THEORY OF RECOVERY WHETHER FOR BREACH OF CONTRACT, TORTIOUS ACTION OR INACTION, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION.

OWNER DOES NOT WARRANT OR MAKE ANY GUARANTEE THAT (a) ANY PORTION OF THE SITE, OR ITS ADVERTISERS’ OR LINKED SITES, WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALIGNANT PRESENCE WHICH MAY CONTAMINATE OR INFECT A USER’S COMPUTER OR OTHERWISE CONTAIN OR CAUSE DESTRUCTIVE PROPERTIES; OR THAT (b) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  OWNER SHALL NOT BE LIABLE FOR ANY COSTS INCURRED BY THE SITE’S USERS IN CONNECTION WITH ANY INFESTATION OR DESTRUCTION, OR FOR ANY INTERRUPTION OF SERVICES CAUSED BY OR CONNECTED TO THE SITE OR THE SERVICES, OR THE LINKED SITES OR THIRD PARTY ADVERTISERS’ SITES..

APPLICABLE LAWS IN SPECIFIC JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES.  IF THIS IS THE CASE IN YOUR JURISDICTION, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL OWNER, ITS AFFILIATES, PARENTS, SUBSIDIARIES,  SUCCESSORS OR ASSIGNS, OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS OR ANY SIMILAR CONNECTED THIRD PARTY(IES) BE LIABLE TO ANY USER OR THIRD PARTY (a) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO THE AVAILABILITY, USE OR INABILITY TO USE, OR RELIANCE UPON THE SITE OR THE SERVICES PROVIDED IN CONNECTION THEREWITH, EVEN IF OWNER AND/OR ANY OF THE ABOVEINDICATED PARTIES HAVE ACTUAL OR CONSTRUCTIVE NOTICE OF ANY SITE FAILURE OR POSSIBLE FAILURE OR SUCH DAMAGES OR POSSIBLE DAMAGES, REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY ACTION MAY BE BASED, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE; OR (b) AS TO ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE SERVICES PROVIDED THEREBY, IN THE EVENT ANY SPECIFIC JURISDICTION PREVENTS THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OWNER’S AND/OR ANY OF THE ABOVEINDICATED PARTY’S(IES’) LIABILITY SHALL BE LIMITED ONLY TO THE EXTENT PERMITTED BY LAW.

Applicable Law and Jurisdiction

You agree that the laws of the State of New York, excluding its conflict of laws provisions, shall govern this Terms of Use agreement. You further expressly agree that the exclusive jurisdiction and venue shall be in the Federal and State Court residing in New York County, NY for any claim or dispute in connection with Owner, the Site and/or the Services.

Owner maintains an office in New York County, New York.  You expressly agree to submit to the personal jurisdiction of New York County, New York, regardless of the location of your legal residence or domicile.  Persons accessing the Site from outside this jurisdiction expressly acknowledge that they are solely responsible for complying with any applicable laws imposed by their respective jurisdictions in connection with their use of the Site.

Severability

In the event any provision this Terms of Use agreement is held to be void or unenforceable, such provision shall be construed in a manner consistent with then-applicable law, or if necessary, severed so that the remaining provisions shall remain valid and in full force and effect.

Assignment

You may not transfer, assign or sublicense any of your rights or obligations under this Terms of Use agreement. Owner may transfer, assign or sublicense any or all of its rights or responsibilities hereunder to any party without restriction; no prior notice or consent shall be required.

If you have any questions about this Terms of Use agreement, Owner’s policies or the Site, please feel free to contact us.

Last Updated: September 2009