FaWiBo.com Terms of Service

Thank you for visiting FaWiBo.com (us/our/we). We provide our services to our Members, subject to the following Terms of Service (TOS). "Member" (you) means each person or entity who accesses our web site, or any part thereof, establishes an account with us or uses any products or services provided by or through FaWiBo.com. Our TOS incorporate by reference other guidelines, policies or rules, including, but not limited to, our Privacy Policy.

Acceptance of Terms

Member Conduct

Member shall use our products or services for lawful purposes only. Member agrees to not use our products or services to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
harm minors in any way
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
upload, post, email, transmit or otherwise make available any material that contains software viruses 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

Changes

We shall have the right at any time to change or modify our TOS applicable to your use of our web site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on our web site. Any use of our web site, or any part thereof, by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

Disclaimer of Warranties

BY VISITING ANY OF OUR WEB PAGES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR SERVICES ARE AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

WE MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING OUR SERVICES, SOFTWARE OR PRODUCTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless FaWiBo.com, or any person or entity involved in creating, producing or distributing our services, from and against all claims and expenses, including attorneys' fees, arising out of the use of our services by you or your account.

Monitoring

We shall have the right, but under no circumstances the obligation, to monitor the content of our web pages to determine compliance with our TOS and any other policies or rules established by FaWiBo.com and to satisfy any law, regulation or authorized government request. We shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on our web pages.

Third-Party Content

Our services may provide, or third parties may provide, links to other World Wide Web sites or resources. We do not have control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we dot not endorse and are not not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 site or resource.

Modifications of Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third-party for any modification, suspension or discontinuance of our services.

Termination

You agree that we may, without prior notice, immediately terminate your FaWiBo.com account and access to any of our products or services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of our TOS or other incorporated policies or guidelines, (b) requests by law enforcement or other government agencies, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with our services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account, or access to our products or services.

Effective Date: June 23^rd, 2005 (last updated on June 23^rd, 2005)