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Terms of Service
Welcome to Fabbers Market.com. The following are the terms of service ("Terms of Service") which form a legally binding agreement between you and Fabbers Market Ltd ("Fabbers Market") and govern your use of the Fabbers Market services ("Services") and the fabbersmarket.com website ("Website"). By using the Website, you acknowledge that you have read, understood and agree to be bound by the Terms of Service and to comply with all applicable laws and regulations. If you do not agree with the Terms of Service then you should not use the Services and Website. Where we have provided a translation of the English language version of the Terms of Service, then you agree that the translation is provided for your convenience only and that the English language version of the Terms of Service will govern your relationship with Fabbers Market. If there is any contradiction between what the English language version of the Terms of Service says and what the translation says, then the English language version shall take precedence. Membership It is free to join the Website and anyone may register to become a member ("Member"). Cancellation of Membership We may terminate your membership immediately if you breach any clause of these Terms of Service, our Privacy Policy or if we are unable to verify or authenticate any information you provide to us. You may cancel your membership at any time from within your account by going to 'My Account', 'Account Management' and clicking the 'Deactivate' button. Advertisements Any Member can place an advertisement ("Advert") for their business on the Website. Members can publish Adverts via the My Adverts link when logged in to their account. The fee for the Advert, period for which the Advert will run and the details of where the Advert will be displayed on the Website will be shown on the My Adverts page. Advertising fees are non-refundable. Fabbers Market reserves the right to remove any Adverts at any time and for any reason and without notice to the Member responsible for the Advert. Customer Service Policy We take our customer service duties seriously. We operate a complaints procedure. Any complaint should be emailed to customerservice@fabbersmarket.com and should set out the nature of the complaint. We aim to respond to a complaint via email within 14 days. If you have any other questions of a customer service nature then you can contact us by email at that same email address. Use of Downloadable Software Any software that may be downloaded from the Website is licensed subject to the terms of any applicable license agreements. Except for rights granted pursuant to such license agreements, Fabbers Market and its licensors reserve all intellectual property rights, title and interest in such software. For the avoidance of any doubt, intellectual property includes copyrights. Third Party Content The Website may include content from partners and other third party providers of products and/or services that are compatible with Fabbers Market services. Fabbers Market is not responsible for and does not warrant any partner or third party product or service or the accuracy of any description. Fabbers Market is not responsible for the conduct of any Member on the Website and shall not be liable to any person in connection with any damage suffered by any person as a result of such Member conduct. Links to Other Websites Fabbers Market may provide links to other websites for your convenience. Fabbers Market does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available on other websites. Fabbers Market is not responsible for the content of any site that may be linked to from the Website. Disclaimer of Warranty Information on this Website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. Fabbers Market may make changes and/or improvements to the Services at any time without notice. We provide the Website and its Services as is, where is and as available. We make absolutely no warranty or condition of any kind, express, implied or statutory. We specifically disclaim the implied warranties or merchantability, fitness for a particular purpose, title and non-infringement. We also do not guarantee continuous, uninterrupted or secure access to our Website or Services and hereby notify users that operation of the site may be interfered with by numerous factors outside of our control. Limitation of Liability In no event shall Fabbers Market be liable for any direct, indirect, incidental, special or consequential damages or damages from business interruption or loss of profits, revenue, data loss or data usage including personal injury or damages, incurred by you or any third party, whether based on warranty or in contract, tort, or other legal theory, and whether or not advised of the possibilities of such damages, arising from your access to, or use of the Website, even if Fabbers Market has been advised of the possibility of such damages. Indemnification You agree to indemnify Fabbers Market from and against any and all claims and damages of any kind (including legal fees) resulting from your use of the Website, from your breach of any provision of the Terms of Service, Privacy Policy or from any actions you take. We reserve the right to report any wrong doing by you, if we become aware of it, to the applicable government authorities. Hold Harmless Fabbers Market does not get involved in any Member to Member transactions. In the event that you have a dispute with one or more Members, you have agreed to release us (and our agents and employees) and hold harmless from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the Website or such disputes. You waive the provisions of any state, province, or country law limiting or prohibiting a general release. User Submissions/Messaging You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. Fabbers Market may, but is not obligated to, monitor and review any areas on the Website where users transmit or post communications. Fabbers Market will have no liability for the content of any communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise. Fabbers Market and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. Fabbers Market and its administrators and moderators also reserve all rights to block or otherwise expel any user or Member of the Website who is deemed to have violated these terms including IP addresses or ranges of IP addresses at the discretion of Fabbers Market administrators and moderators. Communications sent by a Member through the communications systems provided by the Website or through external communication using information obtained from the Website shall not be used to solicit business from any Members in connection with a commercial activity that competes with Fabbers Market. Governing Law and Jurisdiction These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales and each party hereby irrevocably submits to the exclusive jurisdiction of the Courts of England and Wales. Intellectual Property Members represent that they are the owners of the intellectual property placed on the Website for the purposes of obtaining quotes or any other purpose and that they have the full authority to do so. Members represent that they will respect the intellectual property of other Members, including abiding by any confidentiality agreements and non-disclosure agreements specified by other Members. Service Warranty The use of the Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Members). Members acknowledge that Fabbers Market is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of the Service, this is not guaranteed and furthermore Fabbers Market reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur. General Each Member agrees that they shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Website (“Content”) for the purposes of re-selling or re-distributing, mass emailing, operating a business that competes with Fabbers Market or otherwise exploiting the Content. Systematic retrieval of Content from this Website to create or compile, directly or indirectly, a database or directory, however so done, without written permission from Fabbers Market is prohibited. No Member shall undertake any scheme to undermine the integrity of the computer systems used by Fabbers Market, nor shall any Member attempt to gain unauthorised access to such computer systems. You should read Fabbers Market's Privacy Policy as this governs the protection and use by Fabbers Market of information provided by Members. Each Member hereby accepts the Privacy Policy and any subsequent updates or amendments to it. Notices You shall provide any required notice to us by e-mail to membership@fabbersmarket.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient). Severability If any provision of these Terms of Service becomes invalid, illegal or unenforceable then such provision shall be severed and the remaining terms shall survive and continue to be binding and enforceable. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Governing Law and Jurisdiction These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales and each party hereby irrevocably submits to the exclusive jurisdiction of the Courts of England and Wales. Changes to these Terms of Service Fabbers Market may at any time revise these Terms of Service by updating this posting and without directly informing you. You are bound by any such revisions. The amended Terms of Service shall be effective as of the effective date indicated on the Website. We may also add, delete or modify some or all of our Services at any time. Fabbers Market reserves all rights pertaining to the Website. You should visit this page from time to time to review the current Terms of Service because they are binding on you. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages of the Website. If you have any questions about this agreement please contact us via email to membership@fabbersmarket.com. These Terms of Service were last updated in October 2009. |