PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

The 50+Fabulous Web site (the “Web Site” or “Site”) is provided by 50+Fabulous (“50+Fabulous”) and/or its affiliates and subsidiaries for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), and the rules that may be published from time to time by 50+Fabulous.

Please carefully read these terms and conditions before using the Web Site. By using the Site you indicate your agreement to these terms and conditions. If you do not accept these terms and conditions, please do not use the Site. If you are a United States resident, you must be over 18 years old to use this site. If you are considered a minor in your country of residence, you shall not use this site. Any violation of the Terms & Conditions will not be tolerated and will warrant any and all legal consequences as stated in the Terms & Conditions or provided by applicable law.

The 50+Fabulous Terms & Conditions may change without notice, and your continued use of the Site automatically means that you accept those changes. “Content” includes all pages of the Site including personal commentaries, researched material, articles submitted by the general public for inclusion to the Site as well as any information posted by Site visitors to the interactive bulletin boards, discussion forums, live chat rooms and the like on the Site. 50+Fabulous makes no claims the Content when used, viewed or downloaded will not be a violation of applicable law in any jurisdiction. Access to the Content may not be legal by certain persons or in certain countries. When you use this Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

User Conduct

This Web Site, including the capability to contribute material through a contribution form (each such submission, a “Contribution”), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for informational purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, 50+Fabulous reserves the right to terminate your subscription and refuse any and all current or future use of the Services.

Responsibility for Content

Without limitation of the foregoing, you agree to not use the Web Site or Services to:

• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively herein, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;
• “Stalk” another;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a 50+Fabulous official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that 50+Fabulous is not responsible for material submitted to it or posted to the Web Site by users. 50+Fabulous does not pre-screen, monitor, review or edit the Content posted by users. However, 50+Fabulous and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in 50+Fabulous’ sole judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. 50+Fabulous is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to 50+Fabulous. You agree to immediately notify 50+Fabulous of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that 50+Fabulous may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 50+Fabulous, its users or the public.

You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 50+Fabulous assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to the Web Site.

Any or all Content on the Web Site may be purged periodically in 50+Fabulous’ sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by 50+Fabulous or submitted to 50+Fabulous, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of 50+Fabulous, and 50+Fabulous does not support or endorse Content (including any Contribution, whether or not edited by 50+Fabulous or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

You agree to indemnify 50+Fabulous from any damage, loss, cost or expense which may be incurred by 50+Fabulous as a result of the material you link, upload, post, or transmit to the Site.

All Content is general in nature and is provided for information purposes only. 50+Fabulous reserves the right to change or discontinue at any time any aspect or feature of this Site, without notice, and at the editorial discretion of 50+Fabulous. In no way should the Content be used as a substitute for legal, financial, medical, or any other form of professional advice. The Content comes from sources believed to be accurate but may contain inaccuracies or typographical errors; 50+Fabulous takes no responsibility for the accuracy of the Content including that which is provided by third parties. By using the Site or any Content within the Site, you are agreeing to hold 50+Fabulous harmless and that under no circumstances will 50+Fabulous, or its affiliates, or any advertiser listed, be responsible for (1) any information contained on or omitted from the site(s), (2) any person’s reliance on any such information, whether or not the information is correct, current or complete, (3) the consequences of any action you or any other person takes or fails to take, whether or not based on information provided by or as a result of the use of the Site. Further, 50+Fabulous accepts no responsibility for (4) any person’s satisfaction with any Site advertiser, mentor, or advisor, whether relating to the advertiser’s competence, diligence, or otherwise, or (5) the results of any advice given by or representation from any Site advertiser, mentor, advisor, author, or visitor. 50+Fabulous assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the Content of the Site.

Submissions

By submitting communications to any part of this Site, you are solely responsible for your own communications and the consequences of posting those communications. 50+Fabulous does not assume any responsibility for the consequences of any communications you make on or arising from the use of this Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Further, 50+Fabulous does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by users, nor does it endorse any opinions expressed by such users. Any reliance on content posted in an interactive area is at your own risk. ”Interactive Areas” include public bulletin boards, discussion forums, online databases and directories, chat rooms, or any other area specifically on this Site in which the communication(s) you post and/or submit can be and is seen by other Site visitors.

Please note that all Bulletin Boards and Job postings will be will be cleared on a regular basis, so check back regularly for the latest updates.

By using this Site, you agree that the following actions shall constitute a material breach of these Terms & Conditions: (1) Use of the Site for any purpose in violation of local, state, national, or international laws; (2) Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; (3) Post material that is unlawful, obscene, defamatory, sexually oriented, libelous, threatening, harassing, abusive, hateful, or embarrassing to another Site visitor or any other person or entity, invasive of a person’s privacy, or is otherwise objectionable as determined by 50+Fabulous at its sole discretion; (4) After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free form); (5) Post chain letters or pyramid schemes; (6)Impersonate another person; (7) Allow any other person or entity to use your identification to post or view comments; (8) Post the same note more than once (The online word for posting many times on one topic is “spamming.” Spamming is strictly prohibited); or (9) Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of 50+Fabulous, exposes 50+Fabulous or any of its customers or suppliers to any liability or detriment of any type.

50+Fabulous reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Site, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with the legal processes served; (ii) protect and defend the rights of 50+Fabulous or others; or (iii) act in an emergency to protect the personal safety of Site visitors or the public. 50+Fabulous has no liability or responsibility for performance or nonperformance of the aforementioned screening activities. Through your use of the Site in any way, shape or form, you are agreeing to all of the aforementioned terms and conditions for the use of such interactive areas contained herein.

50+Fabulous, in its sole discretion, may remove the communication(s) which it deems abusive, illegal, disruptive, or that otherwise fail to conform with these Terms & Conditions. 50+Fabulous reserves the right (but is not obligated) to edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards for content. 50+Fabulous also reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from a message posted by you. In addition, 50+Fabulous reserves the right to terminate a Site visitor’s access to any or all sections of the Site at its sole discretion.

Restrictions On Use of Material

The content on this Web Site is intended for informational purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us—and from all other entities with an interest in the relevant intellectual property—may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Web Site.

Unsolicited Materials

In operating this site, 50+Fabulous does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or 50+Fabulous mail and e-mail addresses; in other words, any information or material submitted or sent to 50+Fabulous, will be deemed not to be confidential or secret. By submitting or sending information or other material to 50+Fabulous you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant Of Limited License

By communicating with 50+Fabulous, including submitting or sending Content, a Contribution or other information or material to the Web Site, you grant – or warrant that the owner has expressly granted and you can re-grant—50+Fabulous the royalty-free, paid-up, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. They are submitted without any restrictions or expectation of confidentiality. Such license includes incorporating a Contribution, in whole or in part, into a 50+Fabulous feature or in other works in any form, media, or technology now known or later developed for the full term of the rights that may exist in such Content. You also warrant that any “moral rights” in posted materials have been waived. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to 50+Fabulous. 50+Fabulous shall have no financial or other obligations to you when you submit such information. You understand that your uploads and transmissions may be intercepted and used, and that all the risks associated therewith is solely yours.

Registration Information/Privacy Policy

When you register on the 50+Fabulous Site, you will be required to provide the company with the following information: your name, email address, company/organization name, city, country, business category, description of your company’s services, and a password that you select. In addition, you may choose to provide the company with additional information, including: business address, job title, postal code/zip code, state/province, web address, and how you learned about the site.

50+Fabulous will not sell to any third party your name, address, email address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Additionally, 50+Fabulous may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets or stock of 50+Fabulous or its affiliated entities.

50+Fabulous reserves the right to offer you third party services and products based on the preferences that you identify during the registration process and based on your subsequent preferences. 50+Fabulous reserves the right to terminate your membership if 50+Fabulous learns that you have provided 50+Fabulous with false or misleading registration information.

Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify 50+Fabulous of any unauthorized use of your registration or password.

Linking to 50+Fabulous Site

50+Fabulous has no objection to links made from Other Sites to the 50+Fabulous Site, provided that you comply with the following requirements:

(1) You may not frame or alter the appearance of the 50+Fabulous Site; (2) You may not state or imply that 50+Fabulous endorses, sponsors or otherwise approves your site or any Other Sites; and (3) You must abide by all 50+Fabulous Terms and Conditions of use.

We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.

Promotional Messages

50+Fabulous and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. 50+Fabulous makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither 50+Fabulous nor such third party shall have any liability with respect thereto.

Third Party Services

You may order services or merchandise through 50+Fabulous from other persons not affiliated with 50+Fabulous (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. 50+Fabulous makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider 50+Fabulous nor will 50+Fabulous be construed as a party to such transactions, whether or not 50+Fabulous may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

The Site contains links to third party web sites. These links are provided solely as a convenience to you and does not imply any endorsement by 50+Fabulous of the linked sites, their content or owners. 50+Fabulous is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the Terms & Conditions of use for such sites. Links include but are not limited to banner advertisements on the Site. Unless otherwise specifically stated, 50+Fabulous does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.

Contests, Promotions, Simulations or Games

From time to time, 50+Fabulous may offer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of 50+Fabulous. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. 50+Fabulous, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release 50+Fabulous and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Web Site. 50+Fabulous is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. 50+Fabulous is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.

50+Fabulous reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

Intellectual Property Rights

All materials contained in this Web Site are the copyrighted property of 50+Fabulous and its affiliates or licensors. As between 50+Fabulous and you, 50+Fabulous is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

By using this Site, you acknowledge that the Content of the Site includes but is not limited to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services which is generally provided by 50+Fabulous. You also agree and acknowledge that, notwithstanding that 50+Fabulous permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property and patent) rights (collectively known as “Rights”).

Unauthorized use of the Site’s Content may violate copyright, trademark, and other laws. Modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another web site, mirroring this site or in any other way exploiting any of the Content of this Site, in whole or in part, without written permission from 50+Fabulous and the author(s) of the Content, is strictly prohibited. Further, none of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of 50+Fabulous and its Content authors. Violations of 50+Fabulous’ intellectual property rights will be prosecuted to the fullest extent of applicable law.

You may not reproduce, upload, post, transmit, download or distribute any part of 50+Fabulous’ Content or information accessed at other sites through links made at the 50+Fabulous Site (“Other Sites”) other than printing out or downloading portions of the text and images for your own personal, non-commercial use.

Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by 50+Fabulous should be inferred.

Parental Permission

This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. 50+Fabulous may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and 50+Fabulous may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Exclusions Of Warranties

No warranties of any kind are made with respect to the Site, Content, or Other Sites.

To the fullest extent permissible pursuant to applicable law, 50+Fabulous disclaims all warranties expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or non-infringement, in relation to this Site, its Content, its use, the results of such use, links and linked sites, without limiting the foregoing, 50+Fabulous specifically disclaims any warranty (a) that the functionality will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (e) regarding correctness, accuracy, or reliability, you (and not 50+Fabulous) assume the entire cost of all necessary servicing, repair or correction.

50+Fabulous shall not be responsible for any damage or loss of any kind arising out of or related to your use of the Site, including without limitation data loss or corruption, regardless of whether such liability is based in tort, contract, or otherwise.

You understand and agree that 50+Fabulous does not guarantee the accuracy or completeness of any information in or provided in connection with the Site. 50+Fabulous is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither 50+Fabulous nor its members, while such members are participating in the Site are engaged in rendering legal, financial, medical, counseling or other professional services or advice. 50+Fabulous encourages you to seek appropriate professional advice or care for any situation or problem which you may have.

50+Fabulous shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in this Site. Your participation in Site is solely at your own risk. No advice or information, whether oral or written, obtained by you from 50+Fabulous or through Site shall create any warranty not expressly made herein.

50+Fabulous makes no warranty regarding any goods or services purchased or obtained through Site or any transactions entered into through Site. 50+Fabulous is not responsible for the content on the Internet or World Wide Web pages that is contained outside the Site.

As a convenience to members, 50+Fabulous may provide links to resources that are beyond the control of 50+Fabulous. Such resources contain information created, published, maintained, or otherwise posted by individuals, institutions, or organizations independent of 50+Fabulous. As such, 50+Fabulous does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficiency, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by 50+Fabulous. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against 50+Fabulous with respect to such sites.

By permitting classified and personal advertising, 50+Fabulous makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. 50+Fabulous specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on Site, you are promising that the content of your advertisement is true and that you will indemnify 50+Fabulous against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on Site, you waive any claims against 50+Fabulous for damages arising from such advertisement or your reliance upon statements in such advertisement.

Disclaimer Of Warranties

THE WEB SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, 50+Fabulous SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. 50+FABULOUS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

50+FABULOUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT 50+Fabulous OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation Of Liability

IN NO EVENT WILL 50+FABULOUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF 50+FABULOUS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 50+FABULOUS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Under no circumstances shall 50+Fabulous, its employees, its licensors, its suppliers or any third parties mentioned in the Site be liable for any damages whatsoever, including but not limited to any direct, indirect, special, incidental or consequential damages, lost profits, or damages resulting from the use or inability to use the Site or the Content whether based on warranty, contract, tort, or any other legal theory, and whether or not 50+Fabulous or a 50+Fabulous authorized representative has been advised of the possibility of such damages.

50+Fabulous shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Site or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if 50+Fabulous has been advised of the possibility of such damages.

Limitation Of Claims

Any action on any claim against 50+Fabulous must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.

Indemnification

Upon a request by 50+Fabulous, you agree to defend, indemnify and hold 50+Fabulous, its affiliates, owners, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you, or alleged to result from, your use of the Content, the Site, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. 50+Fabulous reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with 50+Fabulous in asserting any available defense.

Remedies for Breach of these Terms by You

In the event that 50+Fabulous determines, at its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the Site, 50+Fabulous reserves the right to (i) warn you via e-mail that you have violated these Terms and Conditions; (ii) delete any Content provided by you or your agent(s) to Site, (iii) delete all Content provided by you to Site, (iv) discontinue your registration with Site; (v) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which 50+Fabulous deems to be appropriate.

Copyrights And Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your username, address, telephone number, and e-mail address
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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.

Modifications/Termination of these Terms and Conditions

50+Fabulous may modify these Terms and Conditions from time to time in its sole discretion. Each time you log on to Site, you will be deemed to have accepted any such changes.

50+Fabulous reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (i) these Terms and Conditions; (ii) your registration with or ability to access Site and/or any other service provided to you by 50+Fabulous upon any breach by you of the Terms and Conditions.

Modifications of Site

50+Fabulous may modify or discontinue Site with or without notice to you and without liability to you or any third party.

Choice Of Law And Jurisdiction

This 50+Fabulous Site is operated from offices in the State of California, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to any conflict of law principles.

You expressly agree that exclusive jurisdiction for any dispute with the 50+Fabulous and/or the Site, or in any way relating to your use of the Site, resides in the California District Court in the United States, and you agree and expressly consent to the exercise of personal jurisdiction in the California District Court, United States in connection with any such dispute including any claim involving the 50+Fabulous or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Miscellaneous

In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

50+Fabulous reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.

Entire Agreement

This is the entire agreement between the parties and may not be modified except in writing signed by both parties.

Copyright and Trademark Notice

“©2008 50+Fabulous All rights reserved.” 50+Fabulous copyrights the contents of all material and HTML coding available on this network unless otherwise indicated. Copyright is not claimed as to any part of an original work prepared by a U.S. or state government officer or employee as part of that person’s official duties. All rights are reserved by 50+Fabulous and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of 50+Fabulous, or as indicated below. Individuals may download pages or other content for their own use, consistent with the mission and purpose of 50+Fabulous as certified in its governing documents on a single computer. However, no part of such content may otherwise or subsequently be reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of, and with express attribution to, 50+Fabulous. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

50+Fabulous is a trademark of 50+Fabulous.

Provisions unenforceable or invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. 50+Fabulous may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent, and upon such assignment 50+Fabulous may be relieved of any further obligation hereunder.

If you have any questions about this policy or our site in general, please contact us.