Terms of Use

1. ACCEPTANCE OF TERMS THROUGH USE:

PLEASE READ THESE TERMS OF USE CAREFULLY. BY UTILIZING THE “ONLY THE FABULOUS” (HEREAFTER “OTF”) WEB SITE AND ANY OF ITS SERVICES THEREIN, YOU AGREE TO ALL TERMS, CONDITIONS, AND RULES SET FORTH. IF YOU DO NOT AGREE TO THE TERMS OF USE OR ARE BELOW THE AGE OF 18, DO NOT ACCESS THIS WEB SITE, OR ANY OF ITS CONTENT. THE TERMS OF USE MAY CHANGE WITHOUT NOTIFICATION AND THE USER SHOULD CHECK FOR OCCASSIONAL MODIFICATIONS. CONTINUED USE OF THE OTF WEB SITE CONSTITUTES ACCEPTANCE OF THE TERMS OF USE PERPETUALLY. OTF RESERVES THE RIGHT TO TERMINATE THE USER’S ACCOUNT ANY TIME.

Eligibility. Use of and Membership in the OnlytheFabulous Services is void where prohibited. By using OnlytheFabulous, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the OnlytheFabulous Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age. OnlytheFabulous.com is a voting, membership-based web site and Membership is restricted.

2. Term. This Agreement shall remain in full force and effect while you use the OnlytheFabulous Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. OnlytheFabulous.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3. Fees and Refunds. You acknowledge that OnlytheFabulous.com reserves the right to charge for its Services and to change its fees at its discretion. If you or OnlytheFabulous terminates your membership for any reason, you are entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify OnlytheFabulous.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The OnlytheFabulous Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OnlytheFabulous.com. Illegal and/or unauthorized use of the OnlytheFabulous Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the OnlytheFabulous web site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles or forums without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the OnlytheFabulous Services.

6. Proprietary Rights in Content on OnlytheFabulous.com.

1. OnlytheFabulous.com claims all ownership rights in the text, files, works of original authorship, or any other materials that you post to the OnlytheFabulous Forums or within your Profile. After posting your Content to the OnlytheFabulous web site you relinquish all rights of ownership. OnlytheFabulous.com does not claim ownership of all photos, musical works, previously published material or artwork. You may continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the OnlytheFabulous Services, you hereby grant to OnlytheFabulous.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute all Content solely on and through the OnlytheFabulous Services.

2. You represent and warrant that: (i) you own the Content posted by you on or through the OnlytheFabulous Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the OnlytheFabulous Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the OnlytheFabulous Services.

3. The OnlytheFabulous Services contain content of onlytheFabulous.com ("OnlytheFabulous.com Content"). OnlytheFabulous.com Content is protected by copyright, trademark, patent, trade secret and other laws, and OnlytheFabulous.com owns and retains all rights in the OnlytheFabulous.com Content and the OnlytheFabulous Services. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the OnlytheFabulous Services.

7. Content Posted.

1. OnlytheFabulous.com may delete any Content that in the sole judgment of OnlytheFabulous.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. OnlytheFabulous.com assumes no responsibility for monitoring the OnlytheFabulous Services for inappropriate Content or conduct. If at any time OnlytheFabulous.com chooses, in its sole discretion, to monitor the OnlytheFabulous Services, OnlytheFabulous.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of the OnlytheFabulous Services, and any material or information that you transmit to other Members and for your interactions with other Users. OnlytheFabulous.com does not endorse and has no control over the Content. Content is not necessarily reviewed by OnlytheFabulous.com prior to posting and does not necessarily reflect the opinions or policies of OnlytheFabulous.com or Fabulous, LLC, its owners or other members. OnlytheFabulous.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the OnlytheFabulous Services. OnlytheFabulous.com reserves the right to investigate and take appropriate legal action against anyone who, in OnlytheFabulous.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the OnlytheFabulous Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of OnlytheFabulous.com:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page via OnlytheFabulous.com);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
The following is a partial list of the kind of activity that is illegal or prohibited on the OnlytheFabulous web site and through your use of the OnlytheFabulous Services. OnlytheFabulous.com reserves the right to investigate and take appropriate legal action against anyone who, in OnlytheFabulous.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
15. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the OnlytheFabulous Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the OnlytheFabulous Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, OnlytheFabulous.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which OnlytheFabulous.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the OnlytheFabulous Services, you acknowledge that you will have caused substantial harm to OnlytheFabulous.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay OnlytheFabulous.com $50 for each such unsolicited email or other unsolicited communication you send through the OnlytheFabulous Services;
17. any automated use of the system, such as using scripts to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue burden on the OnlytheFabulous Services or the networks or services connected to the OnlytheFabulous Services;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
21. selling or otherwise transferring your profile;
22. using any information obtained from the OnlytheFabulous Services in order to harass, abuse, or harm another person;
23. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the OnlytheFabulous Services on behalf of that person, such as placing commercial content on your profile with a commercial purpose, selecting a profile with a commercial purpose or sending private messages with a commercial purpose; or
24. using the OnlytheFabulous Services in a manner inconsistent with any and all applicable laws and regulations.

9. Penalties Associated with Prohibited Activity.

1. It is the sole discretion of the Administrators and Moderators of the OnlytheFabulous.com web site to terminate a membership of User for violating one of the above mentioned prohibited activities. It is further to the discretion of the Administrators and Moderators to remove or “suspend” a member for a duration of 1, 3, or 7 days based on the perception of severity of the infraction. This in no way implies the acceptance of the Member’s activity by OnlytheFabulous.com or Fabulous, LLC. All time paid for by members continue to elapse without reimbursement by OnlytheFabulous.com.
2. The Administrators and Moderators of OnlytheFabulous.com may at any time, without notice, remove a member from the general membership due to policy infraction and put them back into the “Rating Pool” to be re-voted in or out of the OnlytheFabulous.com web site.
3. These penalties are in no way implied to be “first-step” activities by the OnlytheFabulous.com Administrators and Moderators. Any member may be terminated from web site use at any time, for any reason, without notice.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OnlytheFabulous.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to OnlytheFabulous.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the OnlytheFabulous Services in a way that constitutes copyright infringement, please provide Management with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the OnlytheFabulous Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. OnlytheFabulous.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Violation, Fabulous, LLC. 3419 Whispering Way Dr, Richmond, TX 77469; telephone: (713)-498-8216; facsimile: (281) 238-5453 Attn: Copyright Violation; and email: admin@onlythefabulous.com

11. Disputes. You are solely responsible for your interactions with other OnlytheFabulous.com Members. OnlytheFabulous.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. Privacy. Use of the OnlytheFabulous Services is also governed by our Privacy Policy, which can be found under the heading of “Privacy Policy” on the web site.

13. Disclaimers. OnlytheFabulous.com is not responsible for any incorrect or inaccurate Content posted on the OnlytheFabulous Website or in connection with the OnlytheFabulous Services, whether caused by Users of the OnlytheFabulous Services or by any of the equipment or programming associated with or utilized in the OnlytheFabulous Services. Profiles created and posted by Members on the OnlytheFabulous Website may contain links to other web sites in violation of OnlytheFabulous Terms of Use. OnlytheFabulous.com is not responsible for the Content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by OnlytheFabulous.com. Inclusion of any linked web site on the OnlytheFabulous Services does not imply approval or endorsement of the linked web site by OnlytheFabulous.com. When you access these third-party sites, you do so at your own risk. OnlytheFabulous.com takes no responsibility for third party advertisements which are posted on this OnlytheFabulous web site or through the OnlytheFabulous Services, nor does it take any responsibility for the goods or services provided by its advertisers. OnlytheFabulous.com is not responsible for the conduct, whether online or offline, of any User of the OnlytheFabulous Services. OnlytheFabulous.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. OnlytheFabulous.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the OnlytheFabulous Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the OnlytheFabulous Services. Under no circumstances shall OnlytheFabulous.com be responsible for any loss or damage, including personal injury or death, resulting from use of the OnlytheFabulous Services, attendance at a OnlytheFabulous.com event, from any Content posted on or through the OnlytheFabulous Services, or from the conduct of any Users of the OnlytheFabulous Services, whether online or offline. The OnlytheFabulous Services are provided "AS-IS" and as available and OnlytheFabulous.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OnlytheFabulous.com cannot guarantee and does not promise any specific results from use of the OnlytheFabulous Services.

14. Limitation on Liability. IN NO EVENT SHALL ONLYTHEFABULOUS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ONLYTHEFABULOUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONLYTHEFABULOUS.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ONLYTHEFABULOUS.COM FOR THE ONLYTHEFABULOUS SERVICES DURING THE TERM OF MEMBERSHIP.

15. Disputes. If there is any dispute about or involving the Fabulous Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either OnlytheFabulous.com or you may demand that any dispute between OnlytheFabulous.com and you about or involving the OnlytheFabulous Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent OnlytheFabulous.com from seeking injunctive relief in a court of competent jurisdiction.

16. Indemnity. You agree to indemnify and hold OnlytheFabulous.com, Fabulous, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the OnlytheFabulous Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the OnlytheFabulous web site or through the OnlytheFabulous Services causes OnlytheFabulous.com to be liable to another.

Please contact us at: Admin@OnlytheFabulous.com with any questions regarding this Agreement.