FabaTV Monthly Subscription Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF YOUR FABATV SUBSCRIPTION CAREFULLY.
Scope of Agreement
Unless otherwise indicated, this Subscription Agreement (“Agreement”) applies to (i) your Monthly or Annual subscription ("Service Provider") and (ii) your use of and/or access to the FABAtv.com website (“FabaTV” or “FabaTV website” or the “Website”) and/or other websites (collectively, “Website”) which are owned or operated by Silly Farm, Inc. (“Silly Farm”) or its affiliates including any portions thereof available only to subscribers. Communications concerning Monthly or Yearly Subscriptions should be sent to Silly Farm and FabaTV, 11860 West State Rd 84 Suite B1 Davie, Fl 33325
Your use of the FabaTV website will also be subject to your agreement to terms and conditions provided on the Website (the “Website Terms and Conditions”)
2. Binding Agreement
We reserve the right, in our sole discretion, to change, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes – you may find it through the "Subscription Agreement" link page on our Website. By using the Website, including after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to this Agreement and accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use or access the Website and you should cancel your subscription.
3. Your Subscription
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access all , use and display the Website and the material provided thereon and in, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a subscriber. You agree to be financially responsible for your subscription.
If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your use of and access to FabaTV classes and content on the FabaTV Website (or any part thereof) without prior notice. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Website, including, but not limited to, (i) restricting the time period for viewing, limiting ISP usage and/or the Website are available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating anyone's right to use and/or access the Website.
4. Charges and Fees
As a Monthly Pass subscriber, you are charged by our Service Provider a monthly access fee. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to use or access Monthly subscripiton. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate (including email or conventional mail).
After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) up to 15 days prior to the start of each renewal period, unless you have cancelled your subscription before the next billing cycle. The renewal charge will be the same as the prior period's charge, unless we notify you at the time of sign-up or prior to the beginning of the renewal period as described above -- in which case your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly). If you wish to purchase another available savings plan, you must notify us before you are charged for the next subscription period (usually about 15 days before the charge date of your current plan).
Each time you log onto the Website you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your Monthly Pass subscription.
You agree to provide us with true, accurate and complete information as required by the sign-up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Website (or any portion thereof).
5. Cancellation of Subscription
Cancelling your subscription is easy and painless. In order to cancel your subscription please email us at firstname.lastname@example.org with your name and account email address. Blank emails or incomplete emails will not be acknowledged.
Please allow 10 days for cancellation request. If you cancel your own payment profile via Paypal you automatically forfeit any remaining time left on your subscription, any remaining viewing privileges and access will be disabled. In order to properly disable accounts and allow remaining time on your subscription after cancellation, we have to manually adjust the system. If you cancel your profile without notice we cannot manually re activate your account. Thank you for supporting FABAtv.
If you cancel your monthly subscription prior to the next billing cycle we will immediately stop recurring payments. Annual subscriptions are non refundable. If we terminate your subscription (as opposed to you canceling your subscription), due to your violation of this Agreement, you forfeit your monthly fee or remaining balance on your annual subscription.
Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged onto the Website during that month), are nonrefundable. If you cancel your monthly subscription prior to the next billing cycle we will immediately stop recurring payments. Annual subscriptions are non refundable. If we terminate your subscription (as opposed to you canceling your subscription), due to your violation of this Agreement, you forfeit your monthly fee or remaining balance on your annual subscription.
7. Availability of Monthly Subscription
The availability and use of Monthly subscription may be limited based on your internet connectivity, and time availability or other criteria we may establish from time to time. You understand and agree we may disallow you from subscribing to Monthly subscription or may terminate your subscription at any time based on these criteria. For example, if you share your log in information or allow groups to access your account you may not subscribe.
8. Disclaimer of Warranty
PLEASE NOTE THAT FabaTV classes do not provide any form of official certification and/or SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) ACCESS TO, OR THE INABILITY TO ACCESS our website. IN NO EVENT SHALL OUR 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 FOR YOUR SUBSCRIPTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR SUBSCRIPTION, ANY PROVISION OF THIS AGREEMENT, OR ANY PRACTICE OR POLICY OF OURS (INCLUDING WITHOUT LIMITATION ANY CHANGE IN CONTENT, OR IN THE AMOUNT OR TYPE OF FEES ASSOCIATED WITH MONTHLY PASS), YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF YOUR SUBSCRIPTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any Fabatv services (including, without limitation, Monthly subscripiton), your violation of this Agreement, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.
12. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, 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 this Agreement shall be filed only in the state or federal courts located in Broward County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
13. Miscellaneous Terms
In any action against us arising from the use of Monthly subscription, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees; subject, however, to our limitation of liability under Section 9 hereto. For the avoidance of doubt, our total liability to you shall not exceed the amount paid by you for your subscription. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, as it may be updated from time to time, together with the Website Terms and Conditions, are the entire agreement between you and FabaTv relating to the subject matter herein.
FabaTV may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors and assigns. You agree that if we do not exercise or enforce any legal right or remedy under this Agreement (or which we would have under any applicable law), that will not be construed as a waiver of our rights.
Website Terms and Conditions for Subscribers
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE CAREFULLY.
1. Scope of Agreement
Unless otherwise indicated, these Terms and Conditions (“Terms”) apply to your use of and/or access to the Fabatv.com website and/or other websites (collectively, “Website”) which are owned or operated by SillyFarm, Inc. or its affiliates (collectively, "we," "us," or "our"), including any portions thereof available only to subscribers.
In addition to the applicable terms set forth herein, access to the Website shall be subject to the Subscription Agreement which is incorporated into these Terms by this reference.
2. Binding Agreement
We reserve the right, in our sole discretion, to change, add or remove provisions of these Terms at any time. You should check these Terms periodically for changes – you may find it through the "Subscription Agreement" link at the bottom of each page on our Website. By using the Website, including after any changes are posted to these Terms or you are otherwise notified of such changes, you agree to these Terms and accept those changes, whether or not you have reviewed them. If you do not agree to these Terms, you should not use or access the Website.
3. Your Access to the Website
If you do not comply with these Terms or the subscription Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or use of and access to the Website (or any part thereof).
You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without notice to you, or to exercise any other remedies available to us under these Terms or by law.
4. Charges and Fees
You are responsible for all charges and fees associated with signing up for and connecting to the Website.
Certain portions, components, content and features of this Website are only available to paying subscribers. You are entirely responsible for maintaining the confidentiality of your password and user account information and for all activities which occur under your account. You must notify us immediately in the event of any known or suspected unauthorized use of your user account or breach of security. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you notify Customer Service of such breach of security.
5. Privacy and Security
6. Automatically Become a Registered User
Once you accept these Terms, you automatically become a registered user of this Website, which provides you with access to certain products, offerings, features, or resources of the Website such as the ability to post messages on one of the Community Areas. A "Community Area" means any blog, personal page, group page, chat room, message board, Live classes, or similar activity where you can communicate with other users of the Website or post your own information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content"). If you cancel your subscription, you will remain a registered user of the Website unless you specifically request otherwise.
7. Restrictions on Use of Materials
You acknowledge that the Website may contain Content that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way commercially exploit, any of the Content, in whole or in part. When Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such Content. The Website and all Content is solely for your personal, non-commercial use and use of any Content for any other purpose, is prohibited without our prior written consent.
8. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to, via or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings made by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings.
You agree not to use this Website (including any Community Areas) to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of ours or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
j. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. "Stalk" or otherwise harass another user or employee of this Website;
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website; or
n. Access or attempt to access another user’s account without his or her consent.
Your privilege to use and/or access this Website (including the Community Areas) and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use and/or access all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the community standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Community Area.
10. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing this Website. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO MONTHLY PASS.
11. Website Links
These Terms apply to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such Content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
12. Third Party Products and Services
You may be able to order services, merchandise or other products through the Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products of the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
13. Copyright Complaints
We respect the intellectual property of others, and ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use and/or access the Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
a. a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner;
b. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Website are covered by a single notification, a representative list of such works);
c. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
d. your name, mailing address, telephone number and email address;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: Heather Banks, Silly Farm Supplies 11860 West State Rd 84 Ste B1 Davie, Fl 33325
14. Relationship between FabaTv.com and Silly Farm Supplies
FabaTv.com is a subsidiary of Silly Farm Supplies, and is authorized to use under license the Silly Farm Supplies ® brand and intellectual property on the Internet. Silly Farm Supplies is the trade name and the registered trademark and service mark of Silly Farm Supplies as are certain other trademarks and service marks used on this Website under Silly Farm Supplies control.
15. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER WE, NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR ACCESS TO THIS WEBSITE 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 PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER WE NOR ANY OF OUR LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN, OR OFFERED THROUGH, THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) USE OF AND/OR ACCESS TO, OR THE INABILITY TO USE AND/OR ACCESS THIS WEBSITE; (B) USE OF ANY CONTENT ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, (C) 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 THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE.
IN NO EVENT SHALL OUR 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 FOR YOUR SUBSCRIPTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ANY PROVISION OF THESE TERMS, OR ANY PRACTICE OR POLICY OF OURS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any FabaTV.com products or services (including, without limitation, the Website), your violation of these Terms, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.
18. Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, 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 Broward County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
19. Miscellaneous Terms
In any action against us arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees; subject, however, to our limitation of liability under Section 16 hereto. For the avoidance of doubt, our total liability to you shall not exceed the amount paid by you for your subscription.. 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. These Terms, as they may be updated from time to time, together with the Monthly Pass Subscription Agreement and any Conditions and Additional Website Terms, are the entire agreement between you and us relating to the subject matter herein.
We may assign its rights and obligations under these Terms. These Terms will inure to the benefit of our successors and assigns. You agree that if we do not exercise or enforce any legal right or remedy under these Terms (or which we would have under any applicable law), that will not be construed as a waiver of our rights.
(Last modified on May 1, 2011)