Terms of Service

Effective Date: October 26, 2023

Welcome to fabfit.xyz. These Terms of Service ("Terms") govern your access to and use of the fabfit.xyz website and any related services, content, and applications (collectively, the "Service") provided by fabfit.xyz ("we," "us," "our," or the "Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and fabfit.xyz. We reserve the right to modify, update, or change these Terms at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms on this page. Your continued use of the Service after the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

2. Use of Service

The Service provided by fabfit.xyz is intended for your personal, non-commercial use, subject to your compliance with these Terms.

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that fabfit.xyz will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

3.1 Acceptable Use

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating other users.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Interfering with or disrupting the Service or servers or networks connected to the Service.
• Attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Collecting or storing personal data about other users without their express permission.

3.2 User Content

You retain ownership of any content you submit or post ("User Content"). However, by submitting User Content, you grant fabfit.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting it. You represent that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content and grant us the license above.

4. Intellectual Property

4.1 Our Property

The Service and its original content, features, and functionality are and will remain the exclusive property of fabfit.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of fabfit.xyz.

4.2 Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that User Content infringes on the copyright or other intellectual property rights of any person. If you are a copyright owner and believe your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] with the information required under the Digital Millennium Copyright Act.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FABFIT.XYZ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FABFIT.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

5.3 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO