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PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Catfabulous.com Web site (the "Web Site" or "Catfabulous")
is provided by Catfabulous, LLC. ("Catfabulous") and/or its
affiliates and subsidiaries for your and others' personal, non-commercial
enjoyment, subject to the terms of these terms and conditions of use
and all modifications thereto ("Terms and Conditions"), and
the rules that may be published from time to time by Catfabulous. By
using this site, you are deemed to have agreed to these terms and conditions
of use. Catfabulous may change the Terms and Conditions from time t0
time, at any time, and without actual notice to you. All such changes
to these Terms and Conditions will appear on Catfabulous.com. By using
this site after we post any changes, you agree to accept those changes,
whether or not you have reviewed them. If at any time you choose not
to accept these Terms and Conditions of use, please do not use this
site.
User Conduct
This Web Site and any communications service, including the capability to contribute
material through the contribution form (each such submission, a "Contribution"),
chat room, message board, newsgroup, or other interactive service that may
be available to you on or through this site (collectively, the "Services")
are provided to you solely for entertainment purposes. By using the Web Site
and Services you agree: (a) to provide true, accurate, current and complete
information about yourself as prompted by the subscription form, contribution
form, and any registration form. If any information provided by you is untrue,
inaccurate, not current or incomplete, Catfabulous reserves the right to
terminate your subscription and refuse any and all current or future use
of the Services.
Without limitation of the foregoing, you agree to not use the Web
Site or Services to:
• Upload, post, publish, e-mail, reproduce, distribute or
otherwise transmit any information, data, text, music, sound, photographs,
graphics, video, messages or other materials, including any Contribution,
(collectively, "Content"), that is unlawful, harmful, threatening,
embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, deceptive, fraudulent, contains explicit or graphic descriptions
or accounts of sexual acts, invasive of another's privacy, or hateful;
• Upload, post, publish, e-mail, reproduce, distribute or
otherwise transmit any Content that victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited
to, a Catfabulous official, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted to or through the
Web Site;
• Upload, post, publish, e-mail, reproduce, distribute or
otherwise transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
• Upload, post, publish, e-mail, reproduce, distribute or
otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
• Upload, post, publish, e-mail, reproduce, distribute or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "Spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
• Upload, post, publish, e-mail, reproduce, distribute or
otherwise transmit any material that contains software viruses, Trojan
horses, worms, time bombs, cancelbots, or any other computer code,
files or programs designed to interrupt, destroy, or limit the functionality
of any computer software or hardware or telecommunications equipment
or any other similarly destructive activity, or surreptitiously intercept
or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users' ability
to engage in the Web Site or Services;
• Engage in any activity that is contrary to or which would
adversely affect the purpose or intention of the Web Site or Services,
including but not limited to, actually or attempting to manipulate,
corrupt or otherwise affect the outcome of the Services, in whole
or part, by, among other methods, subscribing another party without
their authorization or registering multiple subscriptions under the
same or different names;
• Interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service; or
• Intentionally or unintentionally violate any applicable
local, state, national or international law.
You also agree that you will not harvest, collect or store information
about the users of this Web Site or the Content posted by others on
this Web Site or use such information for any purpose inconsistent
with the purpose of this Web Site or for the purpose of transmitting
or facilitating transmission of unsolicited bulk electronic mail or
communications.
You acknowledge that Catfabulous is not responsible for material submitted
to Catfabulous or posted to the Web Site by users. Catfabulous does
not pre-screen, monitor, review or edit the Content posted by users.
However, Catfabulous and its designees have the right (but not the
obligation) at their sole discretion to refuse or remove any Content,
in whole or part, that, in Catfabulous’s judgment, does not comply
with these Terms and Conditions or is otherwise undesirable, inappropriate
or inaccurate. Catfabulous is not responsible for any failure, non-failure
or delay in removing such Content. You will remain responsible for
the accuracy, copyright compliance, legality, decency, or any other
aspect of such submitted material, including any Contribution or part
thereof, or other communication to Catfabulous. You agree to immediately
notify Catfabulous of any unauthorized use of the Service or any other
breach of security known or suspected by you.
You acknowledge and agree that Catfabulous may preserve Content and
may also disclose Content 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 and Conditions;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Catfabulous,
its users or the public.
You understand that the technical processing and transmission of the
Web Site, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Catfabulous assumes
no responsibility for the deletion or failure to store postings, Contributions
or other information submitted by you or other users to Catfabulous.com.
Any or all Content on the Web Site may be purged periodically in Catfabulous’s
sole discretion. You acknowledge and agree that Content you view, submit
or post is at your own discretion and risk, including any reliance
on the accuracy, completeness, or usefulness of such Content. You acknowledge
that you may not rely on any information, data, text, music, sound,
photographs, graphics, video, messages or other materials created by
Catfabulous or submitted to Catfabulous, including Content. You further
acknowledge and agree that the views expressed on the Web Site do not
necessarily reflect the views of Catfabulous, and Catfabulous does
not support or endorse Content (including any Contribution, whether
or not edited by Catfabulous or its designee or presented on the Web
Site edited or unedited, in whole or in part, or alone or with other
content) posted or submitted by you or any User.
Restrictions On Use of Material
The content on this Web Site is intended for entertainment purposes only. Except
as expressly permitted, you agree not to use the Web Site for sale, trade
or other commercial purposes, and, you may not modify, copy, publish, display,
transmit, adapt or in any way exploit the content of the Web Site. Only if
you obtain prior written consent from us -- and from all other entities with
an interest in the relevant intellectual property -- may you publish, display
or commercially exploit any material from the Web Site. To seek our permission,
you may write to us at our address provided below. If permission is granted
by us and by all other entities with an interest in the relevant intellectual
property, you may not change or delete any author attribution, trademark,
legend or copyright notice.
You must abide by all additional copyright notices or other restrictions
contained on the Web Site.
Unsolicited Materials
In operating this site, Catfabulous does not solicit nor does it wish to receive
any confidential, secret or proprietary information or other material from
you through the Web Site or Catfabulous mail and e-mail addresses, or in
any other way. Any information or material submitted or sent to Catfabulous,
will be deemed not to be confidential or secret. By submitting or sending
information or other material to Catfabulous you represent and warrant that
the information is original to you and that no other party has any rights
to the material.
User's Grant Of Limited License
By communicating with Catfabulous, including submitting or sending Content,
a Contribution or other information or material to Catfabulous.com, you grant
Catfabulous the royalty-free, unrestricted, world-wide, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part), including any information,
suggestions, ideas, drawings or concepts contained in such Content, worldwide
and/or to incorporate it in other works in any form, media, or technology
now known or later developed. Such license includes incorporating a Contribution,
in whole or in part, into a Catfabulous feature. You will remain responsible
for the accuracy, copyright compliance, legality, decency, or any other aspect
of such submitted material, including any Contribution or part thereof, or
other communication to Catfabulous.
You also warrant that any "moral rights" in posted materials
have been waived.
Linked Sites
You may be able to link to third parties' Web Sites ("Linked Sites")
from the Catfabulous Web Site. Linked Sites are not, however, reviewed, controlled,
or examined by Catfabulous in any way and Catfabulous is not responsible for
the content, availability, advertising, products or other materials of any
such Linked Sites, or any additional links contained therein. These links do
not imply Catfabulous’ endorsement of or association with the Linked
Sites. It is your sole responsibility to comply with the appropriate terms
of service of the Linked Sites as well as with any other obligation under copyright,
secrecy, defamation, decency, privacy, security and export laws related to
the use of such Linked Sites and any content contained thereon. In no event
shall Catfabulous be liable, directly or indirectly, to anyone for any loss
or damage arising from or occasioned by the creation or use of the Linked Sites
or the information or material accessed-through these Linked Sites. You should
direct any concerns to that site's administrator or webmaster. Catfabulous
reserves the exclusive right, at its sole discretion, to add, change, decline
or remove, without notice, any feature or link to any of the Linked Sites from
the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS
THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT
MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT
THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS
AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE
LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY,
CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO
WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to Catfabulous.com.
To seek our permission, you may write to Catfabulous. We reserve the
right, however, to rescind any permission granted by us to link through
any type of link, and to require termination of any such link to the
Web Site, at our discretion at any time.
Contests, Promotions, Simulations or Games
From time to time, Catfabulous may offer as part of the Services, either on
or through the Web Site, contests, promotions, simulations or games (collectively, "Games").
To participate in Games, players may be required to complete a registration
form. Upon submission, all registrations become the exclusive property of
Catfabulous. Registered users (each, a "Registered User") are permitted
only one account. Registered Users with more than one account are subject
to immediate disqualification from any Game, unless the description of the
Game expressly invites a user to register multiple times. Catfabulous, at
its sole discretion, may suspend or revoke the registration of an Registered
User.
Registered Users agree to release Catfabulous and its agents, advertisers,
sponsors or promotional partners, from all liability arising from participation
in any of Game located on, or accessed through, the Web Site. Catfabulous
is not responsible for 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 Registered
User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game
and by the rules of fair play and consideration of fellow Registered
User. A Registered User who violates any of the rules or guidelines
for behavior published on the Web Site, or the site where the Game
is conducted, are subject to immediate disqualification and revocation
of their registration. Catfabulous is under no obligation to award
any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject
to the official game or contest rules published with that Game.
Catfabulous reserves the right to cancel, terminate or alter any Game
or the rules thereof at any time without prior notification.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of Catfabulous
and its affiliates or licensors. As between Catfabulous and you, Catfabulous
is the sole owner of all content on the Web Site, including without limitation,
all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade
secrets, and other intellectual property rights thereto. Except as otherwise
specifically provided in these Terms and Conditions, you may not download
or save a copy of the Web Site or any portion thereof, for any purpose. You
may, however, print a copy of individual screens appearing as part of the
Web Site solely for your personal, non-commercial use or records, provided
that any marks, logos or other legends that appear on the copied screens
remain on, and are not removed from the printed or stored images of such
screens. All title and intellectual property rights in and to the content
of the Linked Sites is the property of the respective content owner and may
be protected by applicable copyright or other intellectual property laws
and treaties.
Parental Permission
This Web Site is not intended to be a children's site, therefore, some of the
available information may concern certain topics that may not be appropriate
for children. Catfabulous may, at its discretion, require users under 18
to obtain the consent of a parent or guardian to view certain content, and
Catfabulous may limit access to certain content to users above a specified
age. You agree to abide by any such restrictions, and not to help anyone
avoid these restrictions.
Editorial
All of the items you see in Catfabulous are selected by our editors. No one
is required to pay to be featured in our magazine. The only exception to
this is the section called “Fab Find” where companies
pay to be exclusively featured. Occasionally, companies featured in Catfabulous
will pay a commission if a reader visits their site and buys something. We
do not sell our subscriber list to anyone.
Privacy Policy
We are committed to protecting your privacy and security and have explained
in detail the steps we take to do so. We urge you to read our privacy
policy.
Disclaimer of Warranties
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS
AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITATION OF THE FOREGOING, CATFABULOUS SPECIFICALLY DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT
OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) 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 RECORD,
WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER
CAUSE OF ACTION. CATFABULOUS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION
OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES
OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2)
THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
CATFABULOUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE.
YOU (AND NOT CATFABULOUS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL CATFABULOUS, ITS EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS,
PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY
OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON,
OR INABILITY TO USE THE WEB SITE, EVEN IF CATFABULOUS OR ITS AGENTS SHALL
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE
PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, CATFABULOUS’S LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Catfabulous, you agree to defend, indemnify and hold Catfabulous,
its affiliates, officers, directors and employees harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from your use or misuse of the Web Site or Services,
or the uploading, posting, publishing, e-mailing, reproduction, distribution
or transmission of any Content or other materials by you or users authorized
by you or any violation of these Terms and Conditions by you. Catfabulous
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will cooperate with Catfabulous in asserting any available defense.
Applicable Laws / Jurisdiction
You agree that the laws of the State of Arizona, excluding its conflicts-of-law
rules, shall govern these Terms and Conditions. Please note that your use
of the Web Site may be subject to other local, state, national, and international
laws. You expressly agree that exclusive jurisdiction for any claim or dispute
with Catfabulous or relating in any way to your use of the Web Site resides
in the courts of the State of Arizona, and you further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the State
of Arizona, in connection with any such dispute and including any claim involving
Catfabulous or its affiliates, subsidiaries, employees, contractors, officers,
directors, telecommunication providers and content providers.
We control and operate this site from our offices in Scottsdale,
Arizona. We do not represent that materials on the site are appropriate
or available for use outside of Scottsdale, Arizona. Persons who choose
to access this site from other locations do so on their own initiative,
and are responsible for compliance with local laws, if and to the extent
local laws are applicable.
Any inquiries concerning these terms and conditions of use should
be directed to our contactus@catfabulous.com.
Provisions Unenforceable or Invalid
If any part of this agreement is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Assignment
You shall not transfer, assign, sub-license nor pledge in any manner whatsoever,
any of your rights or obligations under this Agreement. Catfabulous may transfer,
assign sublicense or pledge in any manner whatsoever, any of its rights and
obligations under this agreement to a subsidiary, affiliate, or successor
thereof or to any third party whatsoever, without notifying you or receiving
your consent.
If you have any questions about this policy or our site in general,
please contact us. |
