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Terms of Service
When using FusionFable.com, you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular Fusion Fable services, you shall be subject to any posted guidelines applicable to such services, including the any applicable sweepstakes rules and any terms or conditions applicable to Fusion Fable services provided in conjunction with any of Fusion Fable's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of Fusion Fable. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Fusion Fable Service following the posting of changes to these terms will mean you accept those changes.
Overview
FusionFable.com is the place to get official Fusion Fable information, view images and videos and the Fusion Fable Store sells official Fusion Fable merchandise and music downloads (collectively the "Fusion Fable Service"). These Terms of Service apply to the Fusion Fable Service as well as any new products or services that we may add in the future (unless stated otherwise).
General Terms of Service and Restrictions on Use of Materials
By using the Fusion Fable Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Fusion Fable reserves the right to terminate your access to the Fusion Fable Service. Fusion Fable may discontinue or alter any aspect of the Fusion Fable Service, including, but not limited to, (i) restricting the time the Fusion Fable Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Fusion Fable Service, at Fusion Fable's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Fusion Fable Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Fusion Fable Service. You further certify that you are an individual.
In order to permit Fusion Fable to protect the quality of its products and services, you hereby consent to Fusion Fable employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.
You acknowledge that the Fusion Fable Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted and owned by Fusion Fable. The Fusion Fable name and logo are exclusively licensed to Fusion Fable and its founding members. All other trademarks appearing on the Fusion Fable Service are trademarks of their respective owners. Fusion Fable's partners may also have additional proprietary rights in the content which they make available through the Fusion Fable service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by Fusion Fable, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Fusion Fable. Fusion Fable does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Registration
If you elect to register to use the Fusion Fable Service and/or participate in any sweepstakes, contest, or other services offered by Fusion Fable you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Fusion Fable Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Fusion Fable has reasonable grounds to suspect that such is the case, Fusion Fable has the right to suspend or terminate your account and refuse any and all current or future use of the Fusion Fable Service (or any portion thereof).
Downloads
The purchasing and playing of an .mp3, .wav, .aiff or any other music file (hereinafter referred to as the Products) available for download requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from their distributors from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Usage Rules
-Your use of the Products is conditioned upon your prior acceptance of the Terms of Service.
-You shall be authorized to use the Products only for your personal, noncommercial use.
-You shall be authorized to use the Products on three playback devices at any time.
-You shall be entitled to export, burn (if applicable) or copy Products solely for personal, noncommercial use.
-You are not authorized to give, share, sell or otherwise distribute the Products to any other person or party through any means.
Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Fusion Fable reserves the right to modify the Usage Rules at any time.
Submissions
By posting or submitting content to this site, you grant Fusion Fable the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Fusion Fable will not infringe or violate the rights of any third party.
If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Fusion Fable. None of the Submissions shall be subject to any obligation of confidence on the part of Fusion Fable, and Fusion Fable shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Fusion Fable shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe (yes, that includes you Mr. Martian) and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Links
The Fusion Fable Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Fusion Fable has no control over such sites and resources, you acknowledge and agree that Fusion Fable is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fusion Fable shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer
Fusion Fable uses diligent efforts to maintain the Fusion Fable Service, but Fusion Fable is not responsible for any defects or failures associated with the Fusion Fable Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Fusion Fable makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Fusion Fable Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Fusion Fable Service may locate unintended and objectionable content.
Please Note The Following Important Disclaimers Of Warranties:
THE Fusion Fable SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK Fusion Fable EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, Fusion Fable MAKES NO WARRANTY THAT THE Fusion Fable SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Fusion Fable SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE Fusion Fable SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Fusion Fable SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM Fusion Fable PERSONNEL OR THROUGH THE Fusion Fable SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Shopping Retailers
Fusion Fable expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fusion Fable SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Fusion Fable HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Fusion Fable SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Fusion Fable SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Fusion Fable SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE Fusion Fable SERVICE. IN NO EVENT SHALL Fusion Fable's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR PURCHASING OUR PRODUCTS.
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.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Fusion Fable, THEIR MEMBERS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY Fusion Fable OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Fusion Fable, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Fusion Fable Service, and remove and discard any Content within the Fusion Fable Service, for any reason, including, without limitation, for lack of use or if Fusion Fable believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Fusion Fable may also in its sole discretion and at any time discontinue providing the Fusion Fable Service, or any part thereof, with or without notice. You agree that any termination of your access to the Fusion Fable Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Fusion Fable may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Fusion Fable Service. Further, you agree that Fusion Fable shall not be liable to you or any third-party for any termination of your access to the Fusion Fable Service.
Fusion Fable reserves the right to eject anyone from the site if it appears that their sole purpose is to promote or advertise other competing websites ( i.e. they do not contribute to this site, nor subscribe to our services).
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Barbara County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Fusion Fable relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Fusion Fable's successors, assigns and licensees.
Copyright and Copyright Notices
Fusion Fable respects the intellectual property of others, and we ask our users to do the same. Fusion Fable may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fusion Fable with the following information:
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 site;
-your address, telephone number, and email 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.
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