This website is provided to you by Target Promotions, LLC; DBA Fabulous Over 50 (we” or “us”). Please take a moment to read these Terms of Service. By using this website, you accept the Terms of Service.
Since the website is ever changing; please be aware that we may change the Terms of Service from time to time. By continuing to use this site after we post any such changes, you accept the Terms of Service, as modified.
Our Terms of Service — User Agreement addresses the following topics:
- Your Acceptance
- Third Party Websites and Links
- Access Permission
- Intellectual Property Rights
- Warranty Disclaimer
- Limitation of Liability
- Ability to Accept Terms of Service
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the FabulosOver50.com, FabulousOver50.net, our Website), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF SERVICE AND THE TERMS AND CONDITIONS OF THE FABULOUS OVER 50 PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use The Fabulous Over 50 Website.
2. Third Party Websites and Links
3. Access Permission
Fabulous Over 50 Magazine hereby grants you permission to use the Website as set forth in this Terms of Service User Agreement, provided that: (i) any copyrighted material published on the Fabulous Over 50 Website shall not be redistributed without the express permission of the original copyright holder; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this User Agreement.
Target Promotions, LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases
In addition, you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
4. Intellectual Property Rights
The content on the Fabulous Over 50 Website, including without limitation, the text, software, scripts, graphics, photos, and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Target Promotions, LLC and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE FABULOUS OVER 50 WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TARGET PROMOTIONS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FABULOUS OVER 50 WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FABULOUS OVER 50 WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL TARGET PROMOTIONS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FABULOUS OVER 50 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by Target Promotions, LLC from its facilities in Dyer, Indiana in the United States of America. We make no representations that the Fabulous Over 50 Website is appropriate or available for use in other locations. Those who access or use the Fabulous Over 50 Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Target Promotions, LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Fabulous Over 50 Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Fabulous Over 50 Website.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please do not use the Fabulous Over 50 Website. It is intended for use by ADULTS ONLY.
These Terms of Service, and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.
You agree that: (i) the Fabulous Over 50 Website shall be deemed based in Dyer, IN; and (ii) the Fabulous Over 50 Website shall be deemed a passive website that does not give rise to personal jurisdiction over Target Promotions, LLC either specific or general, in jurisdictions other than Indiana. These Terms of Service shall be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. Any claim or dispute between you and Target Promotions, LLC that arises in whole or in part from the Fabulous Over 50 Website shall be decided exclusively by a court of competent jurisdiction located in Lake County, Indiana. These Terms of Service, together with the Privacy Notice and any other legal notices published by Target Promotions, LLC on the Website and shall constitute the entire agreement between you and Target Promotions, LLC concerning the Fabulous Over 50 Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Fabulous Over 50 Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Target Promotions, LLC, AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Fabulous Over 50 WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.