Terms of Service
Acceptance of Terms: By accessing our Service Systems (defined below), you hereby agree to all of the following terms and conditions of use (the "Agreement"). If you do not agree to this Agreement, do not access or use the Service Systems. Our Service Systems are subject to the restrictions and limitations described below.
"Data" means any file information, articles, text, correspondence, pictorial or graphic work, photograph, image, picture, audio and video content, plan, map, drawing, diagram, design, machine-readable record and any other recorded or documentary material;
"Service Systems" means The Fabler online applications, tools and service systems provided by us from time to time, and includes:
all Data supplied by us or our licensors;
any Data, GUI or layout which is generated by our databases or software systems; and
our proprietary computer applications and software systems, business processes, back-end databases and software;
"you" and "your" refer to any users of the Service Systems; the term "we", "us" and "our" refer to Fabler Comics Inc.
Your Account: To access and use the tools and features of the Service Systems, you will be required to register and create an account. You are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account by your minor children or anyone else accessing your account with your password. You agree to immediately notify us of any unauthorized use of your account. As primary account holder, you represent and warrant that: (a) you are over the age of 18; (b) you are providing complete and accurate information; (c) your account has not previously been suspended or removed. You may not have access to all of the features or services, depending on your service package or payment terms.
Your Access: You must provide your own computer hardware and software necessary to connect to the Service Systems, including internet access and if applicable, a suitable mobile device, according to the optimal use standards and specifications we stipulate from time to time.
General Access: Portions of our websites which do not require an account and password are provided for information purposes only, or for personal, non-commercial use. Public users without an account are still bound by the restrictions and disclaimers set forth below, and if you use our sites you will be considered to have agreed to this Agreement.
Grant of License: If you have paid the subscription fees or other amounts owing, and you are not otherwise in breach of this Agreement or any other agreement with us, you have a license to access and use the Service Systems for the purposes set forth in this Agreement, and for no other purpose, during the term of this Agreement. By entering into this Agreement, you grant to us a nonexclusive right and license to us to host, publish and retain archived back-ups of Data that you upload or submit to us, and to provide access to such Data to any of your authorized users who use the Service Systems under your account.
By Us: In the event you, or any users authorized by you, breach this Agreement or any other agreement with us, and such breach is not remedied or cured within 10 days of written notice, we may suspend or terminate this Agreement and your access to the Service Systems.
By You: You may shut down your account and cease use of the Service Systems at any time. We require reasonable written notice from you, to implement our standard security policy and to terminate access in accordance with your time-table for ceasing use of the Service Systems. If you elect to terminate early, any prepaid amounts are non-refundable. You are responsible for backing-up, saving, downloading or deleting any of your Data, as you wish, prior to the termination of your account. After termination, we reserve the right to delete any Data remaining on the Service Systems.
Data: As an authorized user, you may create and upload Data as part of your use of the Service Systems, as the Service Systems permit. We claim no rights of ownership to Data that is uploaded, submitted or provided by you or others. If you upload Data, then you are solely responsible for that Data, and the consequences of posting or publishing it in connection with the Service Systems. You represent and warrant that you own or have the necessary and required licenses, rights, permissions and consents to submit and post such Data. We reserve the right to remove Data without prior notice if we receive notice of claims or disputes related to such Data.
Prohibited Uses: The Service Systems may be used only for authorized purposes by users who have agreed to this Agreement. You may not:
reverse engineer, decompile or otherwise attempt to decipher any code or any portion of our Service Systems for any purpose;
Use the output of the Service Systems for any purpose other than as required in connection with your personal, non-commercial use;
Delete or revise any portion of our Service Systems;
Distribute, sell, lease, transfer, assign, trade, rent, publish or license the Service Systems as a stand-alone service to others;
Engage in linking or framing of any portion of our sites or our Service Systems;
Aggregate, scrape, harvest or duplicate any portion of our Service Systems, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the purposes of the Service Systems;
Corrupt, falsify or distort any Data or upload, post or submit content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
Copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
Intellectual Property Rights:
General: You agree that the Service Systems and all object and source-code, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. You own any Data that you author or create.
Copyright: All content published on or otherwise accessible through our sites is protected by copyright in Canada, the United States and through international treaties. Copyright in the Service Systems and other content supplied or authored by us is owned by us, along with the layout and design of our sites and all object and source-code and database structures.
Trade-marks The Fabler, The Fabler logo and our other marks are trade-marks/registered trade-marks of Fabler Comics Inc., protected in Canada, the United States, and through international treaties and may not be used without prior written authorization. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
Indemnity: You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor's fees, related to any breach or violation of this Agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any Data by you or users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this Agreement or any other agreement with us.
General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to any of our Service Systems. We expressly disclaim any and all liability in connection with our Service Systems. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of our Service Systems, in terms of their correctness, accuracy, reliability, or otherwise. The content on this Site could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT, OUR SERVICE SYSTEMS, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE SERVICE SYSTEMS, OR THE PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT (A) THE AGGREGATE LIABILITY OF ME IN A TREE TECHNOLOGIES INC. FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO USE THE SERVICE SYSTEMS DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM; AND (B) ANY SUCH CLAIM MUST BE BROUGHT WITHIN ONE YEAR OF OCCURRENCE.
Jurisdiction & Applicable Law: You are contracting with Fabler Comics Inc. and this Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein, without regard to its conflict of laws rules. In the event of any dispute arising under this Agreement, you agree to submit to arbitration in accordance with Section 16
Purchase & Return Policy: All payments for product purchases or paid services are to be made in Canadian or US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process if applicable. Prices do not include any import.
In general, Faber Comics accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact Fabler Comics at http://thefabler.com/updates#support or email us at firstname.lastname@example.org and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Fabler Comics on returned items, and Fabler Comics will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Fabler Comics's discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ANY PRODUCT PURCHASED THROUGH THE FABLER COMICS SHOP IS PROVIDED ON AN "AS IS" BASIS. FABLER COMICS'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE FABLER COMICS SHOP SHALL BE FOR FABLER COMICS TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.
Dispute Resolution: You are contracting with Fabler Comics Inc. and this Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein, without regard to its conflict of laws rules. In the event of any dispute arising under this Agreement, you agree to submit to arbitration in accordance with Section 16
Arbitration: ou agree that all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Calgary, Alberta. The language of the arbitration shall be English. Arbitration fees and reasonable attorneys' fees of both parties to be borne by the party that ultimately loses. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
Refundable Fee Advances for Individuals: If you are involved in a dispute as an individual customer without any commercial interests related to the dispute, we will agree to conduct arbitration proceedings in a major City in your Province or State if travel to Calgary, Alberta would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Beta & Trial Use: From time to time, we may offer use of some or all of the Service Systems under beta, trial and/or promotional offers. Such use may be terminated by us at any time without any recourse by you. Because such access is made without charge, and/or may be for pre-release versions, you bear the entire risk of use.
Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
Changes: Changes to this Agreement may be made from time to time by us, and the modified form of the Agreement will take effect 15 days after posting on our site(s). Continued use of the Service Systems after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Service Systems, in whole or in part, at our sole discretion, at any time, without notice.
Survival: All terms which require performance by the parties after the expiry or termination of this Agreement, will remain in force despite this Agreement's expiry or termination for any reason. The following terms shall survive the termination of this Agreement: 7, 9, 10, 12, 13, 14, 15 and 16.
Miscellaneous: You may not assign or transfer the rights granted to you under this Agreement without our prior written consent. We may assign this Agreement to a third-party upon written notice to you. This Agreement constitutes the entire agreement between us and you with respect to your use of the Service Systems. In the event of any inconsistency between this Agreement and any other agreement between us and you, this Agreement will prevail to the extent of resolving the inconsistency. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this Agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This Agreement may be agreed to by electronic acceptance, or may be executed by facsimile or other digital copy.
Our Privacy Pledge
Collection of Information
We collect personally identifiable information such as names, postal codes, addresses, emails, and so on, that are voluntarily submitted by our visitors like you. The information you provide and that is collected is used to fulfill you specific request.
By using the thefabler.com Site and supplying information to us, you consent to the collection, use and disclosure of your information (including in some cases personal financial information for account purposes) by us for the purpose of providing services to you via the thefabler.com Site, and administering your account in accordance with: (a) this Policy, (b) any other agreement you may have entered into with us, and (c) applicable laws and regulations. It is your responsibility to ensure that we are kept informed of the correct and current contact information for you.
By posting any personal information to the portions of our Site which are accessible by other users under your account, including any content that may contain personal information, you consent to the display of that personal information and the use by those users of that personal information, according to the privacy settings of your account. Other users under your account will have access to your personal information, according to the privacy settings that you control in your account.
You authorize us to communicate with you regarding our services and your account. You authorize us to communicate with you via the internet and via the email address you have provided. You understand and accept the risk that data and information transmitted over the internet is susceptible to error or security breaches.
We do not share, trade, sell or in any way disclose your personal information without your consent unless such a disclosure is: (a) required by law; (b) mandated by search warrant or court order; or (c) warranted during investigation of the commission of an offence, a breach of a contract, or breach of a law or regulation.
In the event you have a question, complaint or dispute regarding your personal information or our personal information handling practices, contact us at email@example.com as displayed in the "Contact Us" section of our Site.
Changes to this Policy may be made from time to time by us, and the modified form of the Policy will take effect 15 days after posting on this page.