Fit and Fab Living™ is not engaged in rendering health or dietary advice. Fit and Fab Living™ is not a medical or health services organization. Neither our Website, nor our staff, can provide diagnosis or medical advice, and nothing we do and no element of the Website should be construed as such. The Recipes (as that term is defined hereinbelow), information and reports that we may provide on the Website are not a substitute for physician consultation, evaluation or treatment. You should always check with your physician to be sure that any Recipes, foods, dietary regimes or other products or services offered by Fit and Fab Living™ are appropriate for you. Fit and Fab Living™, therefore, disclaims any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the Website.
The Website is available only to residents of the United States and the District of Columbia that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
In order to obtain Member services, and/or submit Recipes and other Content, you must first submit the applicable application form (‘Application’) to Fit and Fab Living™ for review and initial approval. Fit and Fab Living™ reserves the right, in its sole discretion, to deny access to the Website and/or the Member services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Website in order to obtain Member services may include, without limitation: your full name, gender, e-mail address(es), mailing address, daytime, evening and/or cellular telephone numbers, date of birth and/or any other information requested on the applicable form (collectively, ‘Registration Data’). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. Fit and Fab Living™ will verify and approve all registrants in accordance with its standard verification procedures.
During registration, you will be asked to provide the name or number that you wish to use as your account login identification, where applicable. If the login identification that you request is not available, you will be asked to supply another login identification. If Fit and Fab Living™ approves your Application, and you agree to any required separate agreement, as applicable, Fit and Fab Living™ will set up your specific Member account and send a confirmation e-mail to the e-mail address that you used to register for the applicable Member services. The confirmation e-mail will contain the following information: (i) your User Name; and (ii) your Password. You can access your specific Member account at the Website using your User Name and Password. You are responsible for maintaining the confidentiality of your Member account, User Name and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member account, User Name and Password. It is recommended that you make any necessary adjustments in connection with your e-mail account in order to ensure that e-mails from Fit and Fab Living™ are not blocked or otherwise sent to your junk mail folder.
Copyright and Trademarks
The ‘Fit and Fab Living.com’ and ‘Fit and Fab Living’ names and logos, and the other marks displayed on the Website are proprietary to Fit and Fab Living™ or those owners that have granted the right and license to Fit and Fab Living™ to use such marks. The use of any Fit and Fab Living™ or third party trademark without the express written consent of Fit and Fab Living™ or such third party is strictly prohibited.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fit and Fab Living™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fit and Fab Living™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, MEMBER SERVICES, RECIPES, SUBMISSIONS, ANY INFORMATION OR OTHER CONTENT CONTAINED HEREIN, AND/OR ANY OTHER Fit and Fab Living™ SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER Fit and Fab Living™ SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, MEMBER SERVICES, RECIPES, SUBMISSIONS, ANY INFORMATION OR OTHER CONTENT CONTAINED HEREIN, AND/OR ANY OTHER Fit and Fab Living™ SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Fit and Fab Living™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Fit and Fab Living™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, MEMBER SERVICES, RECIPES, SUBMISSIONS, ANY INFORMATION OR OTHER CONTENT CONTAINED HEREIN, AND/OR ANY OTHER Fit and Fab Living™ SERVICES, MAY BE BROUGHT BY YOU OR Fit and Fab Living™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Fit and Fab Living™. ACCESS TO THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions Fit and Fab Living’s™ liability shall be limited to the maximum extent permitted by law.
Use of the Fit and Fab Living™ Website
By submitting any culinary advice, directions, ingredients or other recipe (‘Recipe’), comment, article, review, photograph, image or other content or material to the Website and/or Fit and Fab Living™ (‘Submission’ and, together with the Recipes, ‘Content’), either online or offline and whether or not solicited by the Website and/or Fit and Fab Living™, you hereby grant to Fit and Fab Living™ an irrevocable, perpetual, royalty-free right and license to use, display, modify, reproduce, publish, distribute, make derivative works of, sublicense and otherwise commercially and non-commercially exploit such Content and all associated copyright, trade secret, trademark or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including, but not limited to, print, film or electronic storage devices), without compensation of any kind to you or any third party. By submitting such Content and/or other materials to us, you represent and warrant that Fit and Fab Living’s™ use of same does not and will not breach any agreement, violate any law or infringe any third-party’s rights.
Fit and Fab Living Does Not Endorse Member Content
Fit and Fab Living™ operates the Website as a neutral host, and Fit and Fab Living™ does not regularly monitor, regulate or police the use of the Website by any of its participants. Fit and Fab Living™ has the right, but not the obligation, to monitor and edit or remove any Content. Fit and Fab Living™ takes no responsibility and assumes no liability for any Content submitted by you or any third party. Fit and Fab Living™ does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by Members on the bulletin board or elsewhere on the Website. Any information or material placed online by Members including, but not limited to, Content, advice and opinions, is the view and responsibility of those Members and does not necessarily represent the view of Fit and Fab Living™. Where provided by a Members or other third party, Fit and Fab Living™ exercises no control over the Content or other information made available on the Website and/or passing through its network or equipment. Disputes may arise between you and others or between you and Fit and Fab Living™ related to such Content or other material posted or made available by and through the Website. Such disputes could involve, among other things: (i) the Content; (ii) other material posted or made available by and through the Website; (iii) use or misuse of domain names; (iii) the infringement of copyrights, trademarks or other rights in intellectual property; (iv) defamation; (v) fraud; and (vi) the use or misuse of information. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Content or other information that you transmit, re-transmit or receive through the Website, network or equipment are your sole and exclusive responsibility. Fit and Fab Living™ expressly disclaims all responsibility and liability for uses by you of any Content or other information obtained on or in connection with the Site.
Fit and Fab Living™ respects the intellectual property rights of others, and we require our users to do the same. Fit and Fab Living™ may, in appropriate circumstances and at its discretion, terminate the access of registered Members, subscribers and account holders who infringe upon the copyright, or other intellectual property, rights of others.
Pursuant to Title 17, United States Code, Section 512(c)(2), as amended by Title II of the Digital Millennium Copyright Act, notifications of copyright infringement on the Website must be sent to Fit and Fab Living’s™ Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Fit and Fab Living™ THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW , IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS INFRINGING ON COPYRIGHTED MATERIAL, YOU MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS AND ATTORNEY’S FEES INCURRED BY US, BY ANY COPYRIGHT OWNER OR BY ANY COPYRIGHT OWNER’S LICENSEE, THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION THAT YOU HAVE THE RIGHTS IN, AND THE RIGHT TO POST, ANY CONTENT. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
To be effective, the notification must be a written communication that includes the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your physical mailing address, telephone number and e-mail address;
- A 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;
- 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.
Any claims of copyright infringement regarding the Website and/or Fit and Fab Living™ should be sent to Fit and Fab Living’s™ Compliance Officer as follows:
Fit and Fab Living.com
June Media, Inc.
Attn: Compliance Officer
209 West Jackson Blvd., Suite 702
Chicago, IL 60606
Upon receipt of notification of a claimed infringement, Fit and Fab Living™ will respond expeditiously to remove or disable access to the material that is claimed to be copyright protected.
Fit and Fab Living™ may also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).
Representations and Warranties
Bypassing or Disabling any Portion of the Website or Software
Accessing the Website
You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Website and for ensuring that such equipment and services are compatible with Fit and Fab Living’s™ requirements.
The Website contains links to other websites on the Internet that are owned and operated by third-parties. In some instances, these websites are co-branded and the third-parties are entitled to use Fit and Fab Living’s™ name and logo on their third-party websites. Fit and Fab Living™ does not control the information, products or services available on these third-party websites. The inclusion of any link does not imply endorsement by Fit and Fab Living™ of the applicable website or any association with the website’s operators. Because Fit and Fab Living™ has no control over such websites and resources, you agree that Fit and Fab Living™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third-parties. Any dealings with, or participation in promotions offered by, advertisers on the Website and/or other third-parties, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that Fit and Fab Living™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such third-party website or any such dealings or promotions.
Fit and Fab Living™ may provide notices to Members and users by posting notices or links to notices on the Website. Notices to Members may also be made via e-mail, regular mail, overnight courier or facsimile at the Member’s contact addresses of record as set forth by that party on the applicable Application or registration form. If Members wish to provide notice to Fit and Fab Living™, such notice shall be sent, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: Fit and Fab Living.com, June Media, Inc., Attn: Member Services, 209 West Jackon Blvd., Suite 702, Chicago, IL 60606. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by authorized Fit and Fab Living™ personnel.
How to Contact Us
Revised: November 2013