Fabriq Terms of Use

For Your Convenience

• Privacy: We don’t sell data, we don’t run ads, and we’re not fans of the “advertising economy” or its impacts on society. We are user-supported via subscriptions and we hope you’ll help us keep it that way by upgrading to All Access.

• Subscriptions: If you make an in-app purchase your subscription is technically with iTunes (Apple) or Play Store (Google) and while we are happy to chat about subscriptions, only you are able to make adjustments to your subscription via this link for iOS, or this link for Android.

Terms of Use

The Terms of Use set forth below are binding on all users of this website or mobile application. By directing your browser to our website or otherwise accessing the pages of this website, or downloading our mobile application, you accept these Terms of Use. Fabriq reserves the right, at its sole discretion, to deny further or continuing access to our website or mobile application to any visitor, including, without limitation, any user that has violated any aspect of these Terms of Use. Fabriq reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by Fabriq.

In-App Payments

You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded Fabriq and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly.

Privacy

You should appreciate that all information submitted on our website or mobile application might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. See Fabriq’s privacy policy for more information regarding privacy. The privacy policy is incorporated into and a part of these Terms of Use. Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through Fabriq, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information.

Security

Fabriq uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet; Fabriq cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.

Access and proprietary rights

So long as you comply with these Terms of Use, you are authorized to access, use and make a limited number of copies of information and materials available on our website or mobile application only for purposes of your personal use in order to learn more about Fabriq, or its products and services, or to otherwise communicate with Fabriq or utilize its services. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on our website or mobile application may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Fabriq is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of Fabriq including any and all technology, software and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify Fabriq, including any and all technology, software and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of Fabriq. Other than as expressly set forth in this Agreement, no license or other rights in Fabriq are granted to you, and all such licenses and rights are hereby expressly reserved. Violation of this restriction may result in infringement of intellectual property and contractual rights of Fabriq or third parties which is prohibited by law and could result in substantial civil and criminal penalties.

Without limiting the foregoing, if you believe that your work has been copied and posted on our website or mobile application 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 our website or mobile application (and such description must be reasonably sufficient to enable Fabriq to find the alleged infringing material);
• 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; and
• 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.

OurFabriq.com and other identifying marks of Fabriq are proprietary to Fabriq. You may not use these marks for any purpose without the express prior written consent of Fabriq. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of Fabriq or any third party.

In certain instances, Fabriq may agree to provide you with access to secure, password protected pages of our website or mobile application. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

Links

Our website or mobile application may contain links to other websites that are not operated or controlled by Fabriq. Use of these links to access other Internet sites is at your own risk. Fabriq is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Fabriq establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

Notices and disclaimers

THE CONTENTS OF THIS WEBSITE AND MOBILE APPLICATION ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT FABRIQ’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE OR MOBILE APPLICATION FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on our website or mobile application, including password protected information relating thereto may be changed by Fabriq at any time without notice. Information about products or services offered by third parties are referred to on our website or mobile application for information purposes only. Fabriq’s provision of any such information is not intended to constitute an endorsement or recommendation, by Fabriq, of such products or services.

USE OF THIS WEBSITE OR MOBILE APPLICATION IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES FABRIQ PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR MOBILE APPLICATION (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEBSITE. FABRIQ EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND MOBILE APPLICATION AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE OR MOBILE APPLICATION OR ANY LINKS TO THIS WEBSITE OR MOBILE APPLICATION. IN NO EVENT SHALL FABRIQ BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE OR MOBILE APPLICATION, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE OR MOBILE APPLICATION, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR MOBILE APPLICATION OR ANY LINKS TO THIS WEBSITE OR MOBILE APPLICATION. FABRIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON OUR WEBSITE OR MOBILE APPLICATION, THE USE OR INABILITY TO USE THIS WEBSITE OR MOBILE APPLICATION, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR MOBILE APPLICATION OR ANY LINKS TO THIS WEBSITE OR MOBILE APPLICATION, EVEN IF FABRIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT FABRIQ CORRECT THE MATTER OR, IF FABRIQ FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE, MOBILE APPLICATION, OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, the Website or mobile application shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using our website or mobile application or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Your use of our website or mobile application is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on our website or mobile application may be subject to U.S. export control restrictions. Your use of our website or mobile application may be subject to the laws of other countries if you are not located in the United States.

Unique and bona fide account

You agree to create only one unique account. In addition, in order to maintain the integrity of our website and mobile application, by joining, you agree that your use of our website or mobile application shall be for bona fide connection-deepening (for example reminding yourself to text a friend on a day of a job interview, or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services.

Commercial use prohibited

Our website and mobile application are for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use our website or mobile application for any purpose. Illegal and/or unauthorized uses of our website or mobile application, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to our website or mobile application, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of our website or mobile application is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your email.

Communications

You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our website or mobile application, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.