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Effective Date: July 1, 2012
Fabulous city is a online service that enables individuals to subscribe to mobile content, purchase goods & services online and interact with online content.
You must be at least thirteen (13) years of age to use the Fabulous city Services. By providing information to Fabulous city through the account registration page for new subscribers or any other part of the Fabulous city site, you represent to Fabulous city that you are 13 years of age or older. If you are between 13 and 17, you represent that you received parental permission both to complete the registration process and to receive content to your mobile phone.
Use of Service
The Fabulous city Services are made available for your personal, non-commercial use only. You may not use the Fabulous city Services to solicit money for a product or service. You may not take the content from Fabulous city and reformat and display them, or mirror the Fabulous city home page or results pages on your Web site. If you want to make commercial use of the Fabulous city Services, you must enter into an agreement with Fabulous city to do so in advance. Please contact us for more information. When you buy a service or product from fabulous city, we will automatically debit your account with us for the price that is advertised at that time. We may periodically change the advertised price at our sole discretion.
No Automated Querying
You may not send automated queries of any sort to Fabulous city's system without express permission in advance from Fabulous city.
You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Fabulous city Services in any manner.
Text Message Communications
You also agree to receive promotional and account related email communications from Fabulous city. You may unsubscribe from promotional email communications by unsubscribing here.
Trademarks, Names and Logos
All trademarks, names and logos used on this Website or delivered via Fabulous city Services are owned by Global Fabulous city Limited (unless otherwise stated). Your use of Fabulous city Services does not allow you to infringe those rights or the rights of the third parties, which may exist in material contained in this Website. No license is expressly or impliedly granted within or as a result of your use of Fabulous city Services or this Website. You agree not to display or use in any manner, the trademarks, names and logo without Global Fabulous city prior permission. Fabulous City
The Fabulous city Service includes features without and with charges from Legwork. Additionally, your mobile phone carrier may charge you for usage. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of Fabulous city services. Standard text message charges will appear on your wireless bill, or will be deducted from your prepaid balance. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
Right to Change Fees – All fees are subject to change upon notice from Fabulous city. Fabulous city will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website.
You understand that all information, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Fabulous city, are entirely responsible for all Content that you transmit or otherwise make available. Fabulous city does not control the Content posted via the Services 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 Fabulous city be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Fabulous city Services to:
1. Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
2. Harm minors in any way.
3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
4. 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.
5. "Stalk" or otherwise harass another.
Disclaimer of Warranties
By participating, Entrants agree to hold harmless and indemnify Participating Entities against any and all liability, damages or causes of action with respect to or arising out of participation in the Games or the receipt or use any of the Game Prizes awarded. The Games are provided on an "as is" and "as available" basis and no representations or endorsement of any kind are made. All warranties, conditions and guarantees relating to the Games made by or on behalf of the Sponsor whether express or implied by law, course of dealing, statute or otherwise, including but not limited to, implied warranties of fitness for a particular purpose, satisfactory quality, non-infringement, security, accuracy, compatibility, condition or completeness are excluded to the maximum extent permitted by law. Participating Entities are not liable in contract, tort (including, but not limited to negligence) or otherwise in connection with the Games for loss of revenues, contracts, profits, business or anticipated savings or loss of data; or any special or indirect or consequential losses; or any loss of goodwill or reputation. Participating Entities cannot and/or do not guarantee that the Game Website and/or telephone systems will be uninterrupted, timely, secure and / or error-free and the Sponsor may cancel all or any part of a Game at its discretion due to issues that impede the fairness or operation of the Games, in its sole discretion, and in such circumstances, the participants shall have no claim whatsoever against the Participating Entities. In any event, the Participating Entities' liability to any participant shall be limited to a total of N1,000. The Participating Entities will not be liable and participants hereby release the Participating Entities from any claims arising from: for any damages or losses whether direct or indirect that any participant may suffer as a result of failure by the Sponsor to deliver the Games (whether or not as a result of any technical failure), including but not limited to (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) data non-delivery or miss-delivery; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the registration process or the Game; (v) electronic or human error which may occur in the administration of the Game or the processing of Guesses from Entrants; or (vi) any injury or damage to persons or property, including but not limited to participant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from participation in the Guessing process or the Games, or (vii) any acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and / or failure or lack of reception of telephone or mobile networks. The exclusions set out in this paragraph shall apply even in the event that the loss or damage suffered was or should have been foreseen by the Participating Entities and / or that the Participating Entities had notice of the risk, loss or damage in question.
Fabulous city also disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Fabulous city Services. Fabulous city disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Fabulous city disclaims any responsibility for any harm resulting from information or material through the Fabulous city Services.
THE FABULOUS CITY SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FABULOUS CITY SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FABULOUS CITY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FABULOUS CITY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FABULOUS CITY SERVICES. FABULOUS CITY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FABULOUS CITY SERVICES. FABULOUS CITY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FABULOUS CITY SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE FABULOUS CITY SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE FABULOUS CITY SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FABULOUS CITY SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FABULOUS CITY OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE FABULOUS CITY SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FABULOUS CITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FABULOUS CITY SERVICES, FROM INABILITY TO USE THE FABULOUS CITY SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FABULOUS CITY SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FABULOUS CITY SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE FABULOUS CITY SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE FABULOUS CITY SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE FABULOUS CITY SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE FABULOUS CITY SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FABULOUS CITY SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Fabulous city or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.