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Terms and Conditions

The fabricly.com website ("Website") is a hosted service operated by Fabricly, Inc. ("Fabricly"). Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to Fabricly's Privacy Policy all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions. If you do not agree with these terms and conditions do not use the Website.

• Registration. We are not obliged to register any person or entity as a User and we reserve the right to decline to register any person or entity as a User for any reason whatsoever. In consideration of your use of the Website, you agree to (a) provide and maintain accurate, current and complete information about you as may be prompted by any registration forms on the Website; and (b) maintain the security of your Password.
• If you create an Account on the Website, you are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account.
• Your account may only be used by one person. You must immediately notify Fabricly of any unauthorized uses of your Account or any other breaches of security. Fabricly will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
• Responsibility of Users. If you make material available by means of the Website (any such material, "User Content"), you are entirely responsible for the content of, and any harm resulting from, that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file, or computer software. By making User Content available, you represent, warrant and agree that:
• (a) the downloading, posting, transmission, copying and use of the User Content will not infringe the rights of any third party, including but not limited to the copyright, patent, trade mark or trade secret rights, privacy, publicity or other personal or proprietary right;
• (b) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
• (c) you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
• Deleting user content. If you delete User Content, we will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the User Content may not be made immediately unavailable. If you choose to remove your User Content you acknowledge that we may retain archived copies of your User Content. Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any Content that, in our reasonable opinion, violates any Fabricly policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in our sole discretion. We will have no obligation to provide a refund of any amounts previously paid.
• Responsibility of Website Visitors. If you buy any goods or services from a User, such purchase will be subject to any terms and conditions agreed by and between you and the User, as the case may be, to which you agree that we are not a party. You are solely responsible for your interactions with other Users. Users are responsible for performing their own due diligence on one another prior to transacting business. We reserve the right, but have no obligation, to monitor disputes between you and other users.
• Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Fabricly and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions. These changes are shown in our Amendment History, which is set out at the end of these Terms and Conditions, but if we have made major changes or a lot of minor changes, we will simply summarise the nature of the changes under the Amendment History. If you continue to use the Website after we have made such changes you will have accepted these Terms and Conditions, as amended.
• Limitation of warranties. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", “where is”, and “as available”, and Fabricly, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Fabricly does not guarantee the continuous, uninterrupted or secure access to the Website. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Fabricly, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
• Limitation of liability. Except as otherwise expressly stated, in no event will Fabricly, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Fabricly, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Fabricly, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Fabricly during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
• Indemnification. You agree to defend, indemnify and hold harmless Fabricly, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, expenses, and damages of any kind, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
• Termination of your Account. You may terminate your registration by sending us an email to hello@fabricly.com. We may terminate your Account if you have lied to us, or seriously or repeatedly breach these Terms and Conditions. We may suspend your registration immediately and without notice if we are aware or reasonably suspect that you are engaged in, or may be the victim of, any fraudulent activity. We will then notify you of any such suspension as soon as is reasonably practicable, to the extent we are permitted to do so by applicable law.
• Account expiration or termination. In the event that your registration or Account expires or is terminated for any reason: you will retain access to your Account but will no longer be able to make updates to the User Content or perform all available operations on the User Content; you will be able to perform export operations on your data. We may continue to store and provide access to the Account and the User Content for at least 6 months from account expiration or termination.
• General
  • If any part of the Terms and Conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of the Terms and Conditions.
  • You agree that all documents that we are entitled to send you electronically may be delivered to you at your Account. Any notices we give you shall be given in writing via the Website to your Account. You will also receive by email to your email address specified in your Account from time to time a prompt to refer to your Account.
  • "Fabricly", and related design, are trademarks of Fabricly, Inc.
  • If we do not strictly apply our rights under these Terms and Conditions at any time, that will not prevent us from doing so later.
  • The Terms and Conditions are in English and governed by English law which shall also apply to the establishment of our relationship with you. We will only write and communicate with you in English.
  • If any taxes apply to you as a result of entering into these Terms and Conditions or your activities on the Website, you must account for them yourself.
  • Fabricly Content is owned by us or our licensors and all rights are reserved. Without prejudice to any other rights or remedies to which we may be entitled, any use of Fabricly Content otherwise than in accordance with these Terms and Conditions entitles us to cancel your Account.
  • Trademarks. Fabricly, fabricly.com, the Fabricly logo, and all other trademarks, service marks, graphics and logos used in connection with fabricly.com, or the Website are trademarks or registered trademarks of Fabricly or our licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fabricly or third-party trademarks.

We've tried to make the above terms as easy to read as possible. However, if you have any questions about them please email us at support@fabricly.com