These terms and conditions (the “Terms”) govern your access to and use of Jabfab’s website(s) (the “Site”) and mobile applications that link to or reference these Terms (collectively, the“Service”). By accessing or using the Service, you agree to these Terms and enter into a legally binding contract with Jabfab, Inc. (“Jabfab”). Do not access or use the Service if you are unwilling or unable to be bound by the Terms.

These Terms set forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this agreement, whether you are a “Visitor” (using or simply browsing the Site without electing to create a member user account or you are a “Member” (which involves the creation of a user member account).

The term “User” refers to a Visitor or a Member.

Use of the Services is also governed by our Privacy Policy Statement which is incorporated into these Terms by reference.

YOU MUST AGREE TO THE TERMS TO USE THE SERVICE

Please read the Terms carefully. If you do not agree, you should stop using the Services immediately. You agree to and accept the Terms when you:

• become a Member;
• communicate with other Members through the Services;
• post any Content to the Site, whether you have a user member account or not; or
• use the Service.

Definitions

Parties: “You” and “your” refer to you, as a user of the Service. A “User” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service and includes Visitors and Members. “We,” “us,” and “our” refer to Jabfab.

Content: “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as Jabs or Fabs, sentiments, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.

“User Content” means Content that users submit or transmit to, through, or in connection with the Service including any derivatives of Your Content or User Content. “Jabfab Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Jabfab or its users, which is made available in connection with the Service. “Site Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Jabfab Content.

Changes to the Terms of Service

We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms indicates your acceptance of the modification.

Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Jabfab, and any inconsistencies among the different versions will be resolved in favor of the English version.

Fees

You acknowledge that Jabfab reserves the right to charge for the Services and to change its fees from time to time. If Jabfab terminates your account, you shall not be entitled to any refund of any fees except at Jabfab’s discretion.

Using the Service

Eligibility: Use of and membership in the Services is void where prohibited. By using the Service, you represent and warrant that:

• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• your use of the Services does not violate any applicable law or regulation;
• you are 13 years of age or older;
• you are NOT a competitor of ours; and
• we have not previously banned you from the Service or closed your account.

Permission to Use the Service: We grant you permission to use the Service subject to the restrictions in these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Terms shall remain in full force and effect while you use the Services as an anonymous visitor or a Signed Up User. You may terminate your account by following the instructions in your user profile. You may terminate your account at any time, without warning. Even after your account is terminated, the Terms will remain in effect.

Site Availability: The Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

User Member Accounts: You must create an account and provide certain information in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason.

Communications from Jabfab and Other Users: By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive comments or friend requests from other Users. You may also receive our periodic newsletter(s) about interesting news we elect to send to you. You can opt out of non-essential communications by changing your settings for such newsletters in your user profile.

Content

Responsibility for Your Content: You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Jabfab.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Our Right to Use Your Content: We may use Your Content in a number of different ways, including publicly displaying it or reformatting it. For example, if there are obvious spelling or grammatical errors, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. We will discontinue this licensed use within a commercially reasonable period after Your Content is removed from your account. However, if other users have re-posted Your Content, we will continue to display it on the Service as necessary to provide our services. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Jabfab and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

Ownership: As between you and Jabfab, you own Your Content. We own the Jabfab Content, including, but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user Jabs or Fabs, Jab and Fab sentiments, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Jabfab Content and the Service, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Jabfab Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Jabfab Content are retained by us.

Advertising: Jabfab and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

Content Feeds: We may make some of the Site Content (the “Feed Content”) available via Real Simple Syndication (RSS) and other similar feeds (the “Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that

1. your use of the Feeds is for personal, non-commercial purposes only,
2. your display of the Feed Content links back to the relevant pages on Jabfab’s websites and attributes Jabfab as the source of the Feed Content,
3. your use or display of the Feed Content does not suggest that Jabfab promotes or endorses any third-party causes, ideas, websites, products or services, including Your Site,
4. you do not redistribute the Feed Content, and
5. your use of the Feeds does not overburden Jabfab’s systems.

Jabfab reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact us at partners@jabfab.com to inquire about other possible uses of the Feeds.

Other: We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

Restrictions

We are under no obligation to enforce the Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.

You agree not to, and will not assist or enable others to use the Service to:

• Violate our Content Guidelines, for example, by writing a fake or defamatory sentiment, posting, or writing a sentiment post that you were paid for either directly or indirectly by the business being discussed in the Jabfab posting;
• Violate any third-party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
• Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by Jabfab;
• Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third-party website;
• Solicit personal information from minors, or submit or transmit pornography; or
• Violate any applicable law.

You also agree not to, and will not assist or enable others to:

• Violate the Terms;
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by Jabfab;
• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
• Reverse engineer any portion of the Service;
• Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
• Record, process, or mine information about other Users;
• Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of sentiments;
• Reformat or frame any portion of the Service;
• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Jabfab's technology infrastructure or otherwise make excessive traffic demands of the Service;
• Attempt to gain unauthorized access to the Service, user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means;
• Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”);
• Use any device, software, or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
• Use the Service to violate the security of any computer network, crack passwords, or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
• Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us and emailing tolegalmatters@jabfab.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Rules, Guidelines, and Policies

You represent that you have read and understood our rules and Content Guidelines listed below:

Rules & Content Guidelines

Content Guidelines: Jabfab allows users to contribute different kinds of content, including sentiments, photos, events, feelings, and more. Being nice or acting as upstanding individual(s) isn’t that hard to do, but just in case, we have compiled these general guidelines. Please also read the guidelines below for specific types of content that you might contribute to the Service.

• Inappropriate content: Do not make threats, harass or otherwise use lewd, hate, bigoted or other offensive speech.
• Promotional content: Do not scatter or post promotional content across the Site.
• Find the right topic or tag to weigh in on: Please make sure your contributions are relevant and appropriate.
• Privacy: Do not publicize other people's private information. You should generally avoid posting other people’s full names, personal phone numbers, and email addresses.
• Intellectual property: Do not misuse content from other sites or Users. Please make sure any contributions are your own or you are otherwise permitted to use them.

Rules:

• Impersonation: You may not impersonate others through the Service.
• Trademark: We reserve the right to reclaim User names on behalf of businesses or individuals that hold legal claim or trademark on those User names. We may suspend accounts using business names and/or logos to mislead others permanently.
• Privacy: You may not publish or post other people’s private and confidential information, without their express authorization and permission.
• Violence and Threats: You may not publish or post direct, specific threats of violence against others.
• Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in these Terms.
• Unlawful Use: You may not use our Service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
• Misuse of Jabfab Points: You may not tamper with the Jabfab Points process, or attempt to use non-human or machine operated tools to falsely alter or increase your Jabfab Score.

Privacy

You represent that you have read, understood and agree to our Privacy Policy Statement. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States or elsewhere..

Copyright and Trademark Disputes

Procedure for Reporting Claimed Infringement

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
2. Identification of works or materials being infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jabfab to locate the material;
4. Information reasonably sufficient to permit Jabfab to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please consult your legal counsel or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice under the Copyright Act.

Jabfab’s Designated Agent for notices of claimed infringement can be contacted at:

Counter Notification

If you receive a notification from Jabfab that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Jabfab with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Jabfab’s Designated Agent (see above), and include substantially the following information:

1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided a notification of claimed infringement or an agent of such person.

A party submitting a Counter Notification should consult legal counsel or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

Jabfab will promptly provide a party submitting a Notification of Claimed Infringement with valid Counter Notifications received pursuant to Section 512 of the Copyright Act, and inform such complaining party that Jabfab will replace the removed material or cease disabling access to the content pursuant to the provisions of the Copyright Act.

Upon receipt of a valid Counter Notification, Jabfab will replace removed material or cease disabling access to such removed or disabled content not less than 10, nor more than 14, business days following receipt of a Counter Notification, unless Jabfab’s Designated Agent first receives notice from the party submitting the Notification of Claimed Infringement that such party has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity related to the material on the Site.

False Notifications of Claimed Infringement or Counter Notifications

The Copyright Act provides that:

17 U.S.C. § 512(f).

Jabfab reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

For the avoidance of doubt, only notices submitted under the DMCA should be sent to the Designated Agent atcopyright@jabfab.com or to the postal address identified above.

Suggestions and Improvements

By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that:

1. your Feedback does not contain the confidential or proprietary information of third parties,
2. we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
3. we may have something similar to the Feedback already under consideration or in development, and
4. you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback.

Third Parties and Third Party Advertising

The Service may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

Some of the services made available through the Service may be provided in connection with third parties and subject to additional terms posted in the section below (which are incorporated herein by reference.

Some of the Third Party Content, including some of the business listing information and business photos on the Site, is the proprietary and copyrighted work of third-party business(s) Jabfab leverages. You may not distribute, sell, rent, sublicense, or lease such Third Party Content, in whole or in part to any third party; and you may not use it for any other purpose other than your personal, non-commercial use.

Some of the Site's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).

If you use an Apple mobile device (including but not limited to iPhone and iTouch) with the Jabfab services or applications, you agree to the following terms and conditions to the extent they apply to your use of the Apple mobile device:

1. Scope of License: The license granted to you for the Licensed Application is a limited non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
2. Support: Third parties are not responsible for any maintenance, support, intellectual property, or warranty claims for the Licensed Application. You acknowledge that iTunes has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.
3. U.S Government Embargo: You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country.
4. Third-Party Beneficiaries: You acknowledge and agree that iTunes, Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Licensed Application End User License Agreement or any other end-user license agreement for any licensed Product, and that, upon Your acceptance of the terms and conditions of such license, iTunes will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third-party beneficiary thereof.

Jabfab may provide links on the Service to third-party websites or vendors who may invite you to participate in promotional offer(s). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Jabfab makes no representation or warranty regarding any content, goods, and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third-party content, goods, and/or services. The linked sites are not under the control of Jabfab and may collect data or solicit personal information from you. Jabfab is not responsible for their content, business practices, or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Jabfab of these linked sites.

Indemnity

You agree to indemnify and hold Jabfab, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:

1. your access to or use of the Service,
2. your violation of the Terms, or
3. the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Jabfab reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Jabfab. Jabfab will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers and Limitations of Liability

Choice of Law and Venue

Virginia law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Jabfab (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN FAIRFAX COUNTY, VIRGINIA. You covenant and agree not to pursue a claim in any other forum.

Termination

1. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing Jabfab with a notice of termination to terminations@jabfab.com. If you close your account, we may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted to Jabfab).
2. We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
3. In the event of any termination, whether by you or us, any provisions of these Terms which on their face are intended to remain in force and effect shall survive including our right to use your Content and any licenses attached to such Content.

Arbitration, Class Waiver, and Waiver of Jury Trial

You and Jabfab agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Fairfax County, Virginia. You covenant not to sue Jabfab in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

General Terms

1. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
2. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail, or communications through the Service.
3. Except as otherwise stated expressly in these Terms, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
4. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
5. Any failure on Jabfab's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
7. They are not assignable, transferable or sub-licensable by you except with Jabfab’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Virtual Items or Currency

Jabfab provides an incentive for its users to continue posting their sentiments to the Site or Service via their computer(s) and/or mobile device(s). This incentive is offered in the form of a virtual currency (called “Jabfab Points”). Users will accrue Jabfab Points when posting their sentiments (whether Jabs or Fabs). Users that elect to include more of their demographic information in their profile (e.g., year-of-birth, gender, or location) and also share their sentiment postings with their friends via linked social network sites, such as Facebook or Twitter, will be able to maximize their number of accrued Jabfab Points. This virtual currency can be used in lieu of actual currency when purchasing certain services offered through the Jabfab service. Jabfab may also offer promotions or special third party deals to users that have accrued certain levels of Jabfab Points.

Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any such virtual currency appearing or originating in the Site and Service, whether earned in a sentiment posting, or by inviting others to join the Site and Service.

Jabfab prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Service, or the purported sale, gift, or trade in the “real world” of anything that appears or originates in the Service, unless otherwise expressly authorized by Jabfab in writing. Accordingly, you may not trade, sell, or attempt to sell in-application currency for “real” money, or exchange currency for value of any kind outside of Jabfab, without Jabfab’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Competitions & Prizes Offered

Jabfab may offer competitions and prizes regularly through the Site and Service. These competitions may be offered through Jabfab directly or in conjunction with third-party marketing partners or affiliates.

For example, Jabfab may ask its community of Users to provide an opinion regarding a particular tag or topic of the day or moment. Users may be offered an opportunity to win cash or a prize in conjunction with providing their opinion regarding a topic, should they be picked at random or as the certain number in a sequence of postings (e.g., the 100th or the 1,000th person to provide a Jab or Fab sentiment posting regarding a topic).

When promotions are offered through the Jabfab service, there is NO PURCHASE NECESSARY.

Additional Rules for Promotions Offered Through the Jabfab Service:

1. Notification: Winners will be attempted to be contacted from the information provided by the entrant in their User profile on Jabfab. Entrants must have a profile on the Jabfab Service to enter, and there is NO PURCHSE NECESSARY to have a Jabfab User profile.

   The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash, or exchangeable for any other prize. Winner(s) may be required to present acceptable identification prior to being awarded the prize. If a winner cannot be contacted or is disqualified for any reason, Jabfab reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.

2. Eligibility and Limitations: Promotion participants and winner(s) can be U.S. residents of the 50 United States, or residents of any country that is NOT embargoed by the United States, but cannot be residents of Belgium, Norway, Sweden, or India. In addition, participants and winner(s) must be at least 18 years of age, as determined by Jabfab.

   Employees of Jabfab, or any Promotion’s participating sponsor – and their advertising agencies and members of the immediate family of any such persons – are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. No participation is allowed by residents of Rhode Island, Puerto Rico, or other U.S. territories.

3. Phone and Delivery Disclaimer: Jabfab disclaims all liability for the inability of a participant to complete a related cross-posting to a social networking site, text message entry due to equipment malfunction, inadvertent disconnections, acts beyond Jabfab’s control, or otherwise. For all promotions Jabfab disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by text, electronic transmission, or other delivery method.

   Jabfab is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including failed incomplete or delayed transmission of online entries, traffic congestion on the Internet or at any social networking website or lost or unavailable network connections which may limit an online entrant's ability to participate in any Promotion, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in any Promotion.

4. Publicity; Use of Personal Information: By participating, where allowed by law, all participants and winner(s) grant Jabfab exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of promotions and waive any claims to royalty, right, or remuneration for such use. By participating in the Promotion(s), where allowed by law, participants agree that Jabfab may disclose personal information obtained from participants in the Promotion to third parties and use such information for marketing and other purposes.
5. Release: By participating in the Promotion, each participant and winner waives any and all claims of liability against Jabfab, its employees and agents, any Promotions’ sponsors, and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, a Promotion, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by Jabfab.
6. Taxes: Any valuation of the prize(s) stated above is based on available information provided to Jabfab, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules. Each winner must provide Jabfab with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from Jabfab will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
7. Conduct and Decisions: By participating in any Promotion, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Promotion, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing, or threatening behavior is prohibited. Jabfab will interpret these and resolve any disputes, conflicting claims, or ambiguities concerning the rules or any Promotion and Jabfab’s decisions concerning such disputes shall be final. If the conduct or outcome of the Promotion is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of Jabfab, Jabfab reserves the right to terminate any Promotion, or make such other decisions regarding the outcome as Jabfab deems appropriate. All decisions will be made by Jabfab and are final. Jabfab may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage, or undermine the legitimate operation of a Promotion is a violation of criminal and civil laws. Should such an attempt be made, Jabfab reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
8. Miscellaneous: Void where prohibited. Odds of winning depend upon the number, and/or the timing of participants. Each winner must submit proof of eligibility and sign Jabfab’s release form to claim the prize. Jabfab may substitute prizes, amend the rules or discontinue the Promotion at any time as announced on the official promotion website. Jabfab disclaims any responsibility to notify participants of any aspect related to the conduct of any Promotion.
9. Compliance with Law: The conduct of any Promotion is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Jabfab shall follow the applicable laws for conducting promotions, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, providing specific written information about the Promotion, etc. as required by local and state law.

Last Updated June 2016.