FabList - The LGBT Listings Portal is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by FabList - The LGBT Listings Portal. By using the FabList - The LGBT Listings Portal Website you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the FabList - The LGBT Listings Portal services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.
FabList - The LGBT Listings Portal may modify this Agreement from time to time and such modification shall be effective upon posting by FabList - The LGBT Listings Portal on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes FabList - The LGBT Listings Portal's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and FabList - The LGBT Listings Portal's Privacy Policy.
Please choose carefully the information you post on FabList - The LGBT Listings Portal and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other FabList - The LGBT Listings Portal Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and FabList - The LGBT Listings Portal assumes no responsibility nor liability for this material.
FabList - The LGBT Listings Portal reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without lability.
By participating in any offline FabList - The LGBT Listings Portal event, you agree to release and hold FabList - The LGBT Listings Portal harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline FabList - The LGBT Listings Portal event.
Terms of Use
1) Your Interactions.
You are solely responsible for your interactions and communication with other Members. You understand that FabList - The LGBT Listings Portal does not in any way screen its Members, nor does FabList - The LGBT Listings Portal inquire into the backgrounds of its Members or attempt to verify the statements of its Members. FabList - The LGBT Listings Portal makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of FabList - The LGBT Listings Portal then you should take it upon yourself to do a background check on said person.
In no event shall FabList - The LGBT Listings Portal 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 you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.
2) Eligibility.
Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the FabList - The LGBT Listings Portal shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.
3) Term/Fees.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. FabList - The LGBT Listings Portal may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to FabList - The LGBT Listings Portal. By using the Service and by becoming a Member, you acknowledge that FabList - The LGBT Listings Portal reserves the right to charge for the Service and has the right to terminate a Member's Membership if Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.
4) Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of FabList - The LGBT Listings Portal. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by FabList - The LGBT Listings Portal for any illegal or unauthorized use of the Website.
5) Proprietary Rights in Content on FabList - The LGBT Listings Portal.
FabList - The LGBT Listings Portal owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of FabList - The LGBT Listings Portal and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6) Content Posted on the Site.
a. You understand and agree that FabList - The LGBT Listings Portal may review and delete any content, messages, FabList - The LGBT Listings Portal Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of FabList - The LGBT Listings Portal violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to FabList - The LGBT Listings Portal the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FabList - The LGBT Listings Portal reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to
pirated music files;
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from
anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although FabList - The LGBT Listings Portal cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FabList - The LGBT Listings Portal reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FabList - The LGBT Listings Portal deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any FabList - The LGBT Listings Portal page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a member of FabList - The LGBT Listings Portal.
j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
7) Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FabList - The LGBT Listings Portal to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to FabList - The LGBT Listings Portal by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. FabList - The LGBT Listings Portal's Copyright Agent for notice of claims of copyright infringement can be reached via email address.
8) Member Disputes.
You are solely responsible for your interactions with other FabList - The LGBT Listings Portal Members. FabList - The LGBT Listings Portal reserves the right, but has no obligation, to monitor disputes between you and other Members.
9) Disclaimers.
FabList - The LGBT Listings Portal is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FabList - The LGBT Listings Portal is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FabList - The LGBT Listings Portal assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. FabList - The LGBT Listings Portal is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall FabList - The LGBT Listings Portal be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FabList - The LGBT Listings Portal expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FabList - The LGBT Listings Portal cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
10) Limitation on Liability.
IN NO EVENT SHALL FabList - The LGBT Listings Portal BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF FabList - The LGBT Listings Portal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FabList - The LGBT Listings Portal'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FabList - The LGBT Listings Portal FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
11) Disputes.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
12) Indemnity.
You agree to indemnify and hold FabList - The LGBT Listings Portal, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
13) Other.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and FabList - The LGBT Listings Portal regarding the use of the Website and/or the Service. The failure of FabList - The LGBT Listings Portal to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. FabList - The LGBT Listings Portal is a trademark of <owners business name>.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
FabList "Listings" TERMS OF USE Last Updated: May 14, 2012 1. GENERAL FabList, Inc. ("FL") provides services through its websites, programs and computer servers, including but not limited to classified advertising, forums, and email forwarding. (All such services are referred to collectively herein as "FabList.") By accessing or using FabList, you are a "user" and you accept and agree to the terms below (the "Terms of Use" or "TOU") as a legal contract between you and FL. The TOU include and incorporate additional terms ("guidelines") applicable to particular categories or services available on FabList as set forth to users upon access to such categories or services. FL may post changes to the TOU at any time, and any such changes will be applicable to all subsequent access to or use of FabList. If you do not accept and agree to all provisions of the TOU, now or in the future, you may reject the TOU by immediately terminating all access and use of FabList, in which case any continuing access or use of FabList is unauthorized. You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on FabList. FabList is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized. The TOU grant you a limited, revocable, nonexFLusive license to access FabList and use FabList, in whole or in part, inFLuding but not limited to FL intellectual property therein, solely in compliance with the TOU. "FabList" and "FL" are trademarks of FL and are protected by United States and international laws. The TOU do not authorize you to use "FabList," "FL" or any similar or related marks (including, for example and without limitation, "Craigs," "Craig," "Craig's" and "_______list") for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with FL. 2. MODERATION FL has the right, but not the obligation, to regulate content (which includes but is not limited to postings, text, code, images, video, binary files, ads, accounts, account information, flags, emails, messages and any other user communications ("content")) posted to, stored on or transmitted via FabList by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of FabList) by any user (or any other third party in any manner); and to enforce the TOU, for any reason and in any manner or by any means that FL, in its sole discretion, deems necessary or appropriate (inFLuding but not limited to automated and manual screening, blocking, filtering, exFLusion from index pages, exFLusion from search results, requiring the use of an application programming interface (API), requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of content, accounts and/or all or any use or access). FL may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. FL action or inaction to regulate content or conduct or to enforce against any potential violation of the TOU by any user (or any other third party) does not waive FL's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential TOU violation. You also understand and agree that any action or inaction by FL or any of its directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "FL Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential TOU violation is undertaken voluntarily and in good faith, and you expressly agree that neither FL nor any FL Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of the TOU. Although FL Representatives may moderate content, conduct and TOU compliance on FabList at FL's discretion, FL Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of FL will "take care" of any alleged problem or complaint, or that they or anyone else on behalf of FL will otherwise stop, cure or prevent any problem, content, conduct or purported TOU violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any FL Representative (or by anyone else acting on behalf of FL or by anyone purportedly acting on behalf of FL) that FL (including but not limited to any FL Representative, anyone else acting on behalf of FL, or anyone purportedly acting on behalf of FL) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported TOU violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that FL, FL Representatives and anyone else authorized to act on behalf of FL shall in no circumstance be liable as a result of any representation that FL, a FL Representative or anyone else on behalf of FL would or would not restrict or redress any content, conduct or potential or purported TOU violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by FL's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted. FL also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of FabList at any time without notice. FL and FL Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto. 3. CONTENT AND CONDUCT a. Content FL does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content. You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. Content prohibited from FabList includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via FabList); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to FabList would violate these TOU or FL's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on FabList and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above. You automatically grant and assign to FL, and you represent and warrant that you have the right to grant and assign to FL, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to FL all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post). You agree to indemnify and hold FL and FL Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys' fees and costs incurred by FL or FL Representatives. b. Conduct FL does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct. You are also responsible for your own conduct and activities on, through or related to FabList, and, if you create an account on FabList, you are responsible for all conduct or activities on, through or by use of your account. You agree to indemnify and hold FL and FL Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to FabList or FL, and related to or arising out of any conduct or activities on, through or by use of your FabList account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by FL or FL Representatives. 4. POSTING AND ACCOUNTS This section 4 applies to all uses and users of FabList, unless FL has specifically authorized an exception to a particular term for a particular user in a written agreement. FL has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4. a. Postings FabList is intended and designed as a local service. A user may post content only to the single specific geographic area offered on FabList (see http://www.FabList.org/about/sites) for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on FabList. The same or substantially similar content may not be posted in more than one FabList category. A user may post content only in the single FabList category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising classes or vocational training must be posted under the "classes" category of the "community" section and may not be posted in any "jobs" category. Likewise, content advertising auto financing must be posted under the "financial" category of the "services" sections and not under "cars/trucks" category in the "for sale" section. Similarly, services relating to real estate must be posted under "real estate" category of the "services" section and may not be posted to any category within the "housing" section. A user may post the same or substantially similar content no more than once every 48 hours. Where a FabList category provides specific subcategories for posts by particular types of users (e.g., car sales "by-owners" versus "by-dealers," and real estate for sale "by-owner" versus "by-broker"), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any "by owner" category. Users may not circumvent any technological measure implemented by FL to restrict the manner in which content may be posted on FabList or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent FabList accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning." It is expressly prohibited for any third party to post content to FabList on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them. It is expressly prohibited to post content to FabList using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to FL for each instance of access to FabList (by any user or other third party) using that automated means. Affiliate marketing is expressly prohibited on FabList. Users may not post content or communicate with any FabList user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance. b. Accounts A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU. A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited. A user must only use his/her own account or PVA, and may not use any account or PVA of another. The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited. A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited. c. Flagging A user shall not "flag" (or otherwise seek removal of) content on FabList without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf. A user must not permit, enable, induce or encourage others to flag content for them. A user must not flag content for others. A user may flag a specific item of content only once. A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever). 5. UNAUTHORIZED ACCESS AND ACTIVITIES This section 5 applies to all uses and users of FabList, unless FL has specifically authorized an exception to a particular term for a particular user in a written agreement. FL has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5. To maintain the integrity and functionality of FabList for its users, access to FabList and/or activities related to FabList that are harmful to, inconsistent with or disruptive of FabList and/or its users' beneficial use and enjoyment of FabList are expressly unauthorized and prohibited. For example, without limitation: The collection of FabList users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose. Any copying, aggregation, display, distribution, performance or derivative use of FabList or any content posted on FabList whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access FabList without individual written agreements executed with FL that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant FabList website, service, forum or content; (b) they access FabList from a stable IP address using an easily identifiable agent; and (c) they comply with FL's robots.txt file; provided however, that FL may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access FabList without their own written agreement executed with FL), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice. Any access to or use of FabList to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with FabList (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future. If you access FabList or copy, display, distribute, perform or create derivative works from FabList webpages or other FL intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on FabList or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of FabList webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of FL pursuant to 17 U.S.C. § 1201. Any effort to decompile, disassemble or reverse engineer all or any part of FabList in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited. Any activities (including but not limited to posting voluminous content) that are inconsistent with use of FabList in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of FabList in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU. 6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS FL and FL Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others. You agree to indemnify and hold FL and FL Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by FL or FL Representatives. 7. FEES FL may charge a fee to post content or for other features, products, services or licenses. You are responsible to FL for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize FL, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are nonrefundable, including, without limitation, in situations where paid posts are removed by FL or by community flagging. Payments and purchases may not be canceled by the user, except as required by law. However, FL reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days. 8. DISCLAIMERS YOUR ACCESS TO, USE OF AND RELIANCE ON FabList AND CONTENT ACCESSED THROUGH FabList IS ENTIRELY AT YOUR OWN RISK. FabList (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, FL ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF FabList AND CONTENT ACCESSED THROUGH FabList; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF FabList OR CONTENT ACCESSED THROUGH FabList; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF FabList OR CONTENT ACCESSED THROUGH FabList (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON FabList OR IN CONTENT). THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply. 9. LIMITATIONS OF LIABILITY FL AND THE FL REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON FabList OR CONTENT ACCESSED THROUGH FabList BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO FabList OR CONTENT ACCESSED THROUGH FabList, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF FL OR ANY FL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF FabList OR CONTENT ACCESSED THROUGH FabList; ANY INABILITY TO ACCESS OR USE FabList OR CONTENT ACCESSED THROUGH FabList; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF FabList OR CONTENT ACCESSED THROUGH FabList. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF FabList OR CONTENT ACCESSED THROUGH FabList (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON FabList AND LINKS IN CONTENT ACCESSED THROUGH FabList). You hereby release FL and each of the FL Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to FabList or content accessed through FabList, or any interactions with others arising out of or related to FabList or content accessed through FabList, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 10. NOTIFICATION OF FLAIMS OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please follow the directions for written notice at: http://www.FabList.org/about/infringement.claims 11. INJUNCTIVE RELIEF You acknowledge and agree that any violation or breach of the TOU may cause FL immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, FL has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to FL in law or in equity, FL may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction. 12. DAMAGES In addition to any injunctive relief, you agree to pay to FL the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such TOU violations, you agree to pay liquidated damages to FL as described in the following schedule: http://www.FabList.org/about/liquidated.damages Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of FL's damages for such violations, and that liquidated damages for violations of the TOU are and will be cumulative. 13. PRIVACY FL has established a privacy policy covering the collection, use, and disclosure of user information: http://www.FabList.org/about/privacy_policy 14. MISCELLANEOUS These TOU constitute the entire agreement between you and FL and supersede any prior written or oral agreement. Other than the FL Representatives (who are expressly included as named third-party beneficiaries of the TOU), there are no third-party beneficiaries to the TOU. Any and all claims, causes of action or disputes (regardless of theory) between you and FL arising out of or related to the TOU, FabList or content accessed through FabList shall be governed by the laws of the State of California without regard to conflict or choice of law principles. You and FL agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of San Francisco, California, and you and FL agree to submit to the personal and exclusive jurisdiction of such courts. You further agree that, regardless of any statute or law to the contrary, you must file any such claim or cause of action within one year after such claim or cause of action arose or be forever barred. If any provision of the TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of the TOU shall remain in full force and effect. 15. FEEDBACK Comments on these TOU are welcome in the FL feedback forum: http://FabList.org