Terms & Conditions
We run a portfolio and blogging service called Fabrik and would love for you to use it. Fabrik is a subscription based service but we offer a free trial so that you can try before you buy.
Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
You can check out our heroes to get a sense of the type of content that is welcome on our service (or not!). If you find a Fabrik site that you believe violates our terms of service, please let us know.
Terms of Service
The following terms and conditions govern all use of Fabrik websites, their content and any products or services made available through those sites, including, but not limited to, Fabrik Bespoke, Fabrik Hosted and Fabrik API (collectively, the "Service") by You ("Subscriber" or "You").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Fabrik, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 18 years old.
Your Fabrik Account and Site
If you subscribe to the Service, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Fabrik may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Fabrik liability. You must immediately notify Fabrik of any unauthorized uses of your site, your account or any other breaches of security. Fabrik will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a Fabrik site, post material to the Service, post links on your site, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Fabrik or otherwise.
- the Content is uploaded with the intent of publishing it via the Service. You may not, under any circumstances, use the Service for general file sharing or online storage.
- by submitting Content to Fabrik for publishing via the Service, you grant Fabrik a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Fabrik will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Fabrik has the right (though not the obligation) to, in Fabrik's sole discretion (i) refuse or remove any content that, in Fabrik's reasonable opinion, violates any Fabrik policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Fabrik's sole discretion. Fabrik will have no obligation to provide a refund of any amounts previously paid.
Payment, Renewal and Refunds
By choosing to subscribe to any of our paid-for services you agree to pay Fabrik the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis the day you subscribe and will cover the use of that service for a monthly or annual subscription period as indicated.
Fabrik will notify you when a subscription is due for renewal. It is your responsibility to renew the applicable subscription before it expires in order to avoid any interruption or access to the Service.
If you are not happy with your Fabrik subscription, send a refund request to firstname.lastname@example.org within 14 days of your purchase. After this date any refunds will be at Fabrik's sole discretion.
Responsibility of Website Visitors
Fabrik has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Fabrik does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fabrik disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. Fabrik does not have any control over those non-Fabrik websites and webpages, and is not responsible for their contents or their use. By linking to a non-Fabrik website or webpage, Fabrik does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fabrik disclaims any responsibility for any harm resulting from your use of non-Fabrik websites and webpages.
As Fabrik asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify Fabrik. Fabrik will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Fabrik will terminate a visitor's access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fabrik or others. In the case of such termination, Fabrik will have no obligation to provide a refund of any amounts previously paid to Fabrik.
This Agreement does not transfer from Fabrik to you any Fabrik or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fabrik. Fabrik, Fabrik API, Fabrik Bespoke, the Fabrik logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Fabrik or Fabrik's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Fabrik or third-party trademarks.
Fabrik reserves the right to display attribution links such as the Fabrik "tag" on your site. Such attribution may be removed if explicitly requested.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
When registering for the Service you will be required to choose an "onfabrik.com" URL ("Fabrik URL"). You may not (a) select or use as a Fabrik URL a name of another person with the intent to impersonate that person; or (b) use as a Fabrik URL a name subject to any rights of a person other than you without appropriate authorization. Use of any Fabrik URL does not transfer ownership of any kind. Fabrik reserves the right to refuse registration of, or cancel a Fabrik URL in its discretion.
Fabrik reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Fabrik may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Fabrik may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Fabrik account, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Service is provided "as is". Fabrik and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fabrik nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Limitation of Liability
In no event will Fabrik, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fabrik under this agreement during the twelve (12) month period prior to the cause of action. Fabrik shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Fabrik, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Fabrik and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fabrik, or by the posting by Fabrik of a revised version.
This Agreement is not assignable, transferable or sub-licensable by Subscriber except with Fabrik's prior written consent. Fabrik may assign this Agreement in whole or in part at any time without the Subscriber's consent. This Agreement shall be governed by and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales without regard to the conflict of law provisions thereof.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and the Subscriber does not have any authority of any kind to bind Fabrik in any respect whatsoever. Any notice to the Service that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to email@example.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Fabrik, (C (Unit L), Queens Yard, London, E9 5EN.