Terms and Conditions

1. ACCEPTANCE OF TERMS
In order to use Fabusend you must first read and accept the terms of this License, and confirm your acceptance of the terms of this License by clicking on the "I Agree" checkbox where provided. 


IF YOU DO NOT CHECK THE "I AGREE" CHECKBOX ON THE ORDER PAGE SCREEN, YOU WILL NOT BE ABLE TO USE Fabusend. Fabusend provides its service to you, subject to the following Terms and Conditions (T & C), which may be updated by us from time to time without notice to you.  Fabusend reserves the right to refuse the Service to anyone at any time for any reason at its sole discretion.  In addition, when using particular Fabusend services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the T&C.


2. DESCRIPTION OF SERVICE & SCOPE OF LICENSE
Fabusend currently provides users with access to a robust collection of resources, including, various communications tools, software, personalized content and branded programming through its network of properties (the "Service").  You understand and agree that the Service may include certain communications from Fabusend, such as service announcements, administrative messages, product enhancements and/or offers, quality assurance checks, etc., and that these communications are considered part of Fabusend membership and you will not be able to opt out of receiving them.  Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Fabusend properties, shall be subject to the T & C.  You understand and agree that the Service is provided "AS-IS" and that Fabusend assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.  Fabusend reserves the right to refuse the Service to anyone at any time for any reason at its sole discretion.  Fabusend does not guarantee that all emails or listings can or will be tracked.  Fabusend shall not be responsible or liable for any incomplete or undelivered tracking information whatsoever.  You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges).  You are responsible for those fees, including those fees associated with the display or delivery of advertisements.  In addition, you must provide and are responsible for all equipment necessary to access the Service.


PATENT PENDING: Fabusend holds a status of Patent Pending in the United States.  Fabusend will defend its intellectual property vigorously.  This is not free software.  Subject to the terms below, a licensing fee is required to use this software.  Unregistered use of Fabusend is in violation of U.S. and international copyright laws.  All rights of any kind in Fabusend which are not expressly granted in this License are entirely and exclusively reserved to and by Fabusend.  You may not rent, lease, modify, sublicense, translate, reverse engineer, decompile, disassemble, or create derivative works based on Fabusend.  Subject to all the terms of this License, Fabusend grants you a limited, non-exclusive, personal, non-sub-licensable, non-assignable license to use Fabusend and any future fixes, updates and upgrades that may be provided to you.


3.  YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or Fabusend has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fabusend has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


4.  MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.  You agree to (a) immediately notify Fabusend of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  Fabusend cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.


5.  MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.  This means that you, and not Fabusend, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.  Fabusend does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.  You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.  Under no circumstances will Fabusend be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. 


You agree to NOT use the Service to:
a.  Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;


b.  Harm minors in any way;


c.  Impersonate any person or entity, including, but not limited to, an Fabusend official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;


d.  Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;


e.  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);


f.  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;


g.  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, except in those areas (such as shopping rooms) that are designated for such purpose;


h.  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;


i.  Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;


j.  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;


k.  Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S.  Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law,


l.  "Stalk" or otherwise harass another; or


m.  Collect or store personal data about other users. 


6.  SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 


7.  CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Fabusend does not claim ownership of Content you submit or make available for inclusion on the Service. 


8.  INDEMNITY
You agree to indemnify and hold Fabusend and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the T & C, or your violation of any rights of another. 


9.  NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you are an approved Fabusend Reseller.


10.  GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Fabusend may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that listings, message board postings or other uploaded Content will be retained by the Service, the maximum number of listings or emails that may be sent from or received by an account on the Service, the maximum size of any listings or emails that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Fabusend servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.  You agree that Fabusend has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.  You acknowledge that Fabusend reserves the right to log off accounts that are inactive for an extended period of time.  You further acknowledge that Fabusend reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


11.  MODIFICATIONS TO SERVICE
Fabusend reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.  In the event that any M.L.S.  blocks, restricts or attempts to block or restrict in any way the delivery of outbound M.L.S.  listing emails to the Fabusend servers, Fabusend shall not be liable in any regard.  You agree that Fabusend shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


12.  TERMINATION
It is your responsibility to comply with the terms of this License and to obey the laws of your jurisdiction.  Your rights under this License will terminate immediately and without prior notice if you violate any term of this License, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party.  You may be subject to legal action if you continue to use Fabusend in violation of this License.  You agree that Fabusend, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Fabusend believes that you have violated or acted inconsistently with the letter or spirit of the T & C.  Fabusend may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.  You agree that any termination of your access to the Service under any provision of this T & C may be effected without prior notice, and acknowledge and agree that Fabusend may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.  Further, you agree that Fabusend shall not be liable to you or any third-party for any termination of your access to the Service. 


13.  Fabusend PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  Except as expressly authorized by Fabusend or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Fabusend grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.  You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.  You agree not to access the Service by any means other than through the interface that is provided by Fabusend for use in accessing the Service.


14.  DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.  YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  Fabusend EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
b.  Fabusend MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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. 
d.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fabusend OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T & C.


15.  LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fabusend SHALL NOT 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 Fabusend HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


16.  EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 


17.  NOTICE
Notices to you may be made via either email or regular mail.  The Service may also provide notices of changes to the T & C or other matters by displaying notices or links to notices to you generally on the Service. 


18.  COPYRIGHT INFRINGEMENT

(i) Fabusend respects copyright and other laws.  Fabusend requires all Fabusend users to comply with copyright and other laws.  Fabusend does not by the supply of Fabusend authorize you to infringe the copyright or other rights of third parties.
(ii) As a condition to use Fabusend, you agree that you must not use Fabusend to infringe the intellectual property or other rights of others, in any way.  The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.
(iii) Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws.  In the event a user fails to comply with laws regarding copyrights or other intellectual property rights and data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and incarceration.


19.  TRADEMARKS

The Fabusend name, the Fabusend logo, and other Fabusend properties are trademarks of Fabusend.


20.  GENERAL INFORMATION
The T & C constitute the entire agreement between you and Fabusend and govern your use of the Service, superceding any prior agreements between you and Fabusend.  You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.  The T & C and the relationship between you and Fabusend shall be governed by the laws of the province of British Columbia without regard to its conflict of law provisions.  You and Fabusend agree to submit to the personal and exclusive jurisdiction of the courts located within the province of British Columbia.  The failure of to exercise or enforce any right or provision of the T & C shall not constitute a waiver of such right or provision.  If any provision of the T & C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T & C remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T & C must be filed within one (1) year after such claim or cause of action arose or be forever barred. 


21.  Fabusend SUBSCRIPTION AGREEMENT

Subscription Fees: The subscription fees are set forth on the website and may be amended at Fabusend's sole discretion from time to time without notice and are payable annually or monthly in advance by credit card.  Subscription fees which remain unpaid thirty (30) days after their due date shall bear interest at the rate of fifteen percent (%) per annum or the maximum interest permitted by law, whichever is lesser, until paid.  Fabusend Subscribers:  Fabusend is sold on an annual or monthly subscription basis only and as such all Fabusend clients and users are classified as subscribers.  You agree to provide to Fabusend the right to debit your credit card annually or monthly in advance for all Service provided to you.  Fabusend reserves the right to cancel and terminate any subscription at any time for any reason it deems appropriate.  In such instances, Fabusend shall refund and remaining subscription time on a prorated basis. A courtesy notice of upcoming automatic renewal will be sent via email to annual subscribers approximately 30 days prior to actual renewal date.  An additional 15 day courtesy refund period does apply to all annual subscription renewal orders.


GENUINE 100% MONEY BACK GUARANTEE!


We are so confident that you will LOVE Fabusend that we offer the absolute best guarantee in the industry:


IF YOU ARE NOT COMPLETELY SATISFIED WITH OUR PRODUCT FOR ANY REASON, YOU CAN CANCEL AT ANY TIME WITHIN 30 DAYS OF YOUR INITIAL PURCHASE AND GET A FULL 100% REFUND, EVERY PENNY. Following the 30 day refund period, no refunds in whole or part shall be granted under any circumstances. Should you excercise a credit card "charge back" whether accidental or not, Fabusend incurrs a non-refundable charge back fee of $20.00 from it's payment processors. Accordingly should you wish to reinstate your Fabusend service after "charging back" a credit card transaction to us, you will be subject to a $20 non-refundable reinstatement fee as a result {Sorry no exceptions).

*Please note: Custom artwork designs are not refundable once created.


ADDITIONAL FEES OR CHARGES:

Re-Makes.  Should you wish to have a completely different design made for you, after your original order has been created and delivered, Fabusend charges a re-make fee of $50.00. For canceled orders where a refund is issued: to prevent repeated design creation through multiple ordering, a re-activation fee of $50 will apply should you decide to re-order/re-instate your account at a later date.

Custom Designs.  Fabusend charges a flat fee of $79.00 (plus any applicable taxes) for custom-designs.  Fabusend reserves the right to refuse Custom design work to anyone for any reason.  Fabusend also reserves the right to refund any client's Custom design fee(s) and refuse to undertake any further work or Custom design service for that/any client, for any reason and at the sole discretion of Fabusend.

Renewals: Some Fabusend promotional offers may include a discounted rate for the first client subscription renewal, 1 year after initial sign-up.  Any and all subsequent subscription renewals (beyond the first renewal) shall be based on the regular rate(s) as published on our website and/or current rate card.

Taxes: You shall be solely responsible for the payment of any taxes, charges or assessments imposed on you or Fabusend, and any penalties or interest thereon, relating to the provision of the Service (except for any income taxes, if any, imposed on Fabusend). 

Agreement Effective Date: The effective date of this Agreement shall be the date of acceptance by you of this Agreement as evidenced by you clicking the "I Agree" button herein, or the date you actually use the Service, whichever occurs first.  Payment shall be accepted by credit card only. 

TERMS OF USE

Please read all these provisions ("terms") carefully before using this Web site.

Using this Web site indicates your agreement and acceptance of these terms.  If you do not accept these terms, do not use this Web site or download materials from this site.

The Site and its Use

The Fabusend Web site is owned and provided by Fabusend Media from its offices in Vancouver, British Columbia, Canada.  For purposes herein, Fabusend Media and its subsidiaries and affiliated companies are collectively referred to as "Fabusend".  The applicable Web site or sites are referred to herein as the "Site." Each Site is provided for your personal information and non-commercial use.

Please feel free to browse the Site; however, your access to and use of the Site is subject to the following Terms and all applicable laws:


Any conduct by you that, in Fabusend's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.  The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by Fabusend and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the Canadian and International Copyright Laws.  Fabusend owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.  This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials.  Modification of the Materials or use of the Materials for any other purpose is a violation of Fabusend's or such other sources' copyright, trademark and other proprietary rights and may violate other laws.  The use of any such Materials on any other Web site or networked computer or environment is prohibited without Fabusend's express written consent.  If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.

Disclaimer

The site and materials and related communications are provided "as is" without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose.  Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances.  Under these circumstances, all other exclusions remain in force.  Fabusend does not warrant the accuracy, reliability or completeness of any information contained on this site.  Nor does it warrant or represent that any information may be suitable for use in any circumstance or application.  By using this site you acknowledge that any reliance on any such materials, advice, statement or information shall be at your sole risk.  Fabusend assumes no responsibility and shall not be liable for any damages of any nature caused by the use of this site.  This express disclaimer includes damages caused by viruses, worms, trojans or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to, use of, or browsing in this site.

Third-Party Sites

Fabusend may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one.  Any link to a non-Fabusend Web site does not mean that Fabusend endorses or accepts any responsibility for the content, or the use of such Web site.  If you use these sites, you do so at your own risk.  Fabusend makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon.  Furthermore, links do not imply that Fabusend is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Fabusend.

Third Party Content

Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Fabusend.

Limitation of Liability

Your use and browsing of the Site is at your risk.  If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.  Under no circumstances will Fabusend, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site any Web sites linked to the site, or any materials contained at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other Web sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Fabusend was advised of the possibility of such damages.  Fabusend shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.  Fabusend's obligations and responsibilities regarding its products and services are governed solely by Fabusend's terms and conditions of sale or license under which such products and services are sold or licensed.  Copies of such terms and conditions are available from the applicable Fabusend entity.

Safe Harbor

The Materials at the Site may contain various forward-looking statements and which may be based on or include assumptions, concerning Fabusend's operations, future results and prospects.  These forward-looking statements are based on current expectations and are subject to risk and uncertainties.  In connection with the "safe harbor" provisions of the United States' Private Securities Litigation Reform Act of 1995, Fabusend provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.

Such factors include the following:

  1. changes in the current and future business environment, including interest rates and capital and consumer spending;
  2. competitive factors and competitor responses to Fabusend's initiatives;
  3. successful development and market introductions of anticipated products;
  4. changes in government laws and regulations, including taxes;
  5. unstable governments and business conditions in emerging economies;
  6. continuation of the favorable environment to make acquisitions, domestic and foreign, including regulatory requirements and market values of candidates.

Information Provided By You

It has been and remains Fabusend's policy not to accept or consider ideas, suggestions or materials other than those that Fabusend has specifically requested from you.  Accordingly, Fabusend does not want you to, and you should not, send any confidential or proprietary information to Fabusend through the Site unless specifically requested by Fabusend.  Please note that any unsolicited information or material sent to Fabusend will be deemed not to be confidential or proprietary.  By submitting information and material to the Site or to Fabusend Media Corp., you automatically grant to Fabusend (or warrant that the owner of such information and material has expressly granted to Fabusend) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed.  You also agree that Fabusend is free to use any ideas, concepts, know-how, or techniques that you send Fabusend for any purpose.  As further provided above, Fabusend does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Fabusend that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.  You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s).  You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Changes

Fabusend reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials.  Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Fabusend is under no obligation to update Materials.  Fabusend may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice.  Your continued use of the Site after any change Fabusend makes to the Site will be considered acceptance of those changes.  You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.

Linking to Site

Anyone linking to Fabusend's Site must comply with Fabusend's guidelines for linking to Fabusend's Site and all applicable laws.



Fabusend Associate Member Agreement
This Agreement contains the Terms and Conditions to apply to an individual's or an entity's participation in the Fabusend Referral Royalties™* Program (the "Program").  All Fabusend clients or users automatically become Associate Members upon purchase and use of Fabusend products or services, unless a specific written request has been received by Fabusend, and Fabusend has granted exclusion to its Referral Royaties™ program.  As used in this Agreement, "we", "us" or "our" refers to Fabusend.  "You" or "your" refer to the applicant.  "Participant" or ’Associate Member’ shall mean an applicant which has been approved to be a participant with the Referral Royaties™ Program.  All dollars ($) shall be payable in the currency of the Associate Member's country.  For example, a U.S.  Associate Member will be paid in U.S dollars. 

1.  Referral Royaties™ Program Outline

By agreeing to the Terms and Conditions contained herein, you, the Associate Member will receive an email which will contain a special Promotional Code, referred to as a Referral Pay Code or ’RPC’.  We reserve the right to reject any group or individual for any reason.  Associate Members must remain paid Fabusend clients in good standing in order to benefit from any ongoing or future payments, commissions, Referral fees and/or Royalties.  Referral Royalties* that are payable up to four (4) years in the future shall only be paid to Associates whose primary accounts with Fabusend are paid in full and up-to-date at that time.  Should you exercise your right to refund on your Fabusend purchase, you forfeit any and all Referral payments and Referral Royaties™ that may be owed, due or payable to you.  As determined at our sole discretion, any applicants who maintain or operate websites that are unsuitable for the program will not be considered.  Unsuitable Associate Members websites include sites that:

- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote unlawful activities
- Promote the use of unsolicited bulk email (U.B.E.), bulk commercial email (U.C.E.) or SPAM
- Contain content that is threatening, defamatory, fraudulent, obscene or harassing
- Violate intellectual property rights

2.  Order Processing

a.  Order Processing: We will be responsible for processing every order placed by a customer who utilizes the special promotional link provided to you.  Those responsibilities include order forms, payment processing, shipping, cancellations, returns and related customer service.  Our rules, operating procedures sales policies and general policies regarding customer orders and accounts apply to orders we receive through/accompanied by your special promotional link.  We reserve the right to reject any order for any reason, including any order that does not comply with our rules, operating procedures and policies or that violates applicable law.

b.  Tracking of Sales: We will track sales made to customers who use your promotional link.  We track sales through the use of cookies.  You will be responsible for ensuring that your special link is entered correctly by customers, a necessary prerequisite for those customers to obtain discounted pricing as well as for us to track such sales.  Statements of Referral product sales activity will be provided to you.  All statements after 30 days shall be deemed correct unless you give us notice of any error prior to that date.  We shall not be responsible for any errors you or your customers make which result in any loss of any tracking information contained in the special link.  We do not have any obligation or liability to pay Referral fees for purchases made from which cookies are not reasonably traceable by Fabusend.  To protect our customers' privacy, the names or other personal information about specific customers will not be provided to you.  We will email out commission payments via PayPal only, by the seventh day of each month.

c.  Fabusend's Sales Policy Applies to All Orders: Every customer who buys a product through this program is deemed to be a customer of Fabusend.  You do not have the authority to make or accept any offer of purchase on our behalf.  All of our policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers.  We are not responsible for any representations you make which conflict with our policies. 

d.  Product Pricing: We will follow our pricing policies to determine the price of Fabusend products sold on the Fabusend.com website.  Product prices may vary from time to time.  You may not specify exact product prices in your descriptions.  Product price changes are subject to change without notice and we cannot guarantee product pricing. 

3.  Referral Fees

a.  Referral Fee Amount: We will pay the Fabusend Approved Associate Member a one-time $40.00 commission, on all net product sales of qualifying Fabusend products or services purchased by an end-user using the appropriate Associate Member promotional link at our secure point of sale.  Net product sales are defined as completed online sales accompanied by an approved Associate Member's promotional code, less any returns and/or charge backs. 

b.  Renewals: Fabusend is sold on an annual subscription basis.  Should your referred (Associate Member generated) clients renew their annual subscription with Fabusend, you the Fabusend Approved Associate Member shall be paid an additional referral fee(s), referred to as a "Referral Royaties™*".  Referral Royalty payments shall be limited and payable to a maximum of (4) four years or (4) four renewals at which time the Referral"s Royalty expires, with a fee schedule set out as follows: Year 1 renewal: $20.00, Year 2 renewal: $20.00, Year 3 renewal: $20.00, Year 4 renewal: $20.00  The maximum Referral Royaties™* payable on any one referral sale is/are $100.00 over 4 years and is/are contingent upon referred client actual subscription renewals.  Referral Royalty payments are in addition to the initial $40.00 commission payable.

c.  Referral Fee Payment: We will send you via PayPal your total Referral fees payable and a statement of product sales activity every month.  You agree to give Fabusend the right to publish your name, address and recent photograph as it appears on your design, along with your Associate Member earnings amount(s), without any claim for broadcasting, printing, royalty or other rights.

d.  Returns and Cancellations: If a referral fee product is later returned by the customer, its referral fee will be deducted from the next payment sent to you.  If no referral fee is owed to you, you will be billed for this amount which is owed to us. 

4.  NO SPAM POLICY

You agree to observe and adhere to Fabusend's strict NO SPAM policy.  Our policy is simple: we do not permit SPAM of any nature in any capacity.  You understand that any form of SPAM or U.B.E.  (unsolicited bulk email) or U.C.E.  (unsolicited commercial email) may NOT be employed or used by yourself or any third party to promote or generate sales or to promote, advertise or otherwise distribute your Associate Member promotional code, directly or indirectly; and that your Fabusend Approved Associate Member status, including promotional code, may immediately be revoked and terminated without notice if you engage in any such activity.

5.  NOT VALID WITH ANY OTHER PROMOTIONS OR OFFERS

The Fabusend Referral Royaties™ program is not valid in conjunction with any other offers or promotions past, present or future.  It is not valid with any other promotional codes or office programs and/or discounted pricing.  It is not valid with any prior assigned codes or invoice number codes.  If you have offered or extended discounts or discounted offers to others and caused sales from those actions, no referral commissions are applicable or payable in any regard.  No back-dated or retro-active referral commissions are payable under any circumstances and all of the foregoing shall be without exception.  Associate Member"s Promotional Codes have no face value or cash value and are non-transferable.

6.  Responsibility for Your Website

You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on your site.  For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting product descriptions on your site and linking those descriptions to our Website the accuracy and appropriateness of materials posted on your site (including, among other things, all product related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights) ensuring that materials posted on your site are not libellous or otherwise illegal.

a.  We disclaim all liability for these matters.  Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your website.

7.  Limited License

a.  We grant you a non-exclusive, revocable right to advertise and promote Fabusend products and services.  We reserve all of our rights in our company logo, any other images, our trade names, trademarks and copyrights and all other intellectual property rights.  We may revoke your license at any time by giving you written notice.  Upon cancellation or termination of this Agreement, you agree to immediately cease all promotion and advertisement of Fabusend products and services as herein described. 

8.  Restrictions
You agree not to use Fabusend in, to or from France.  Fabusend can be used anywhere in the world except for France.  France has unique privacy laws that do not permit email tracking.   Email tracking is built-in to Fabusend.   Because of this, you cannot use Fabusend in France, or for/with emails sent to or from France.   The only exception would be if you disabled your tracking by turning it off in advance, and just used the branding component of Fabusend, if emailing to or from France.
9.  General Provisions

Website Service Interruption: Fabusend will make every effort to keep its Website(s) operational.  However, certain technical difficulties may, from time to time, result in temporary service interruptions.  You agree not to hold us liable for any of the consequences of such interruptions.

a.  Term of the Agreement: You may only receive referral fee payments for orders that are properly placed during the term of this Agreement.  This term will begin on the date that you purchase or sign up for Fabusend and shall end when cancelled or terminated by either party as provided below.  Unless otherwise cancelled or terminated, the Agreement will be for one (1) year and automatically renewed annually.  Referral fees earned through the date of cancellation or termination of this Agreement will remain payable only if the products are not returned or cancelled from their orders.  Payment of the final referral fee payment to you may be withheld for a reasonable time in order to ensure that the correct amount is paid.

b.  Modifications: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new Agreement on our site.  Modifications may include, for example, changes in the scope of available referral fees, fee rates, payment procedures, and program rules. 
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.  YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

c.  Effect of Termination: Upon termination or expiration of this Agreement, Participant shall have no right or license to promote the Fabusend trademarks, copyrights, intellectual property, etc.  in any manner.  Fabusend shall have no obligation to pay Participant any fees or charges, including Referral Fees, for services or products purchased after the expiration or termination of this Agreement for any reason.  All provisions of this Agreement which by their nature are intended to service the expiration or termination of this Agreement shall survive and remain in full force and effect.

d.  Cancellation of This Agreement: Either party may choose to cancel or terminate this Agreement at any time and for any reason by written notice of cancellation or termination to the other.

e.  WARRANTY DISCLAIMER: WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.  IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

f.  LIMITATION OF DAMAGES: WE SHALL HAVE NO LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM SHALL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT.

g.  Independent Contractors: You are an independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship with us.

h.  Governing Law.  This Agreement shall be governed by and construed in accordance with the substantive laws of the province of British Columbia, Canada, excluding its conflict of laws principles.  Any lawsuit relating to this Agreement must be brought in the Federal or Provincial courts located in Vancouver, British Columbia, Canada.

i.  Headings.  The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.

j.  Assignment.  You may not assign this Agreement, by operation of law or otherwise, without prior written consent from Fabusend.  Subject to that restriction, this Agreement will be binding on, inure to the benefit of and enforceable against the parties and their respective successors and assigns.


k.  Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. 

l.  Free to Contract with Others: You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website.
m.  Independent Investigation: You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement. 

10.  ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY CHECKING THE BOX ON THE FOREGOING ORDER PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, AS WELL AS THE T & C IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.
* Referral Royalties projections are contingent upon actual subscription renewals.

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