Welcome to the Fabulinus website, mobile application, email subscription and e-learning platform (the “Website”). These Terms govern the use of our Website, email subscription, our mobile application (the “Application”) and any services offered through the Website or the Application (the “Services”). Our Website, Application and Services are designed to help inspire our audience to engage in learning and provide curated content for educational purposes. Fabulinus is brought to you by H.I. Upgrade AB (Fabulinus) (Org. nr. 559167-3040) based in Kämpavägen 14, 18141 Lidingö, Sweden.
Acceptance of Terms
In addition to these Terms, your use of and access to content provided on the Website or through the Application may be governed by additional terms, policies and/or agreements. For example, content provided on the Website through the YouTube embedded video player is governed by YouTube’s applicable terms and your use of the Application may be governed by the terms set forth by the third party application vendor through which you download the Application. In addition to these Terms, you should review and be familiar with any applicable third party terms. Fabulinus may also have separate agreements in place with its content providers that may modify or otherwise amend these standard Terms.
Fabulinus may modify these Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Website, Application or Services after such posting or other notice to you shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
Third Party Content
With respect to third party content available on or through the Website or Application, Fabulinus distributes content supplied by third parties and/or users. Any opinions, advice, statements, services, or other information or content expressed or distributed through this Website or Application are those of the respective author(s) or publisher(s) and not of Fabulinus. Neither Fabulinus nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its fitness for any particular purpose.
The Website is for informational and educational purposes only. Fabulinus may index or otherwise tag, highlight, or excerpt submitted and/or curated content for the purpose of promoting and enhancing our educational and informational purpose. However, Fabulinus neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website or through the Application by any third party. Under no circumstances will Fabulinus be liable for any loss or damage caused by your use or reliance on information obtained through the Website or Application. Fabulinus is not responsible for any actions or inaction on your part based on the information that is presented on or through the Website or Application. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on or through the Website or Application.
Content and Intellectual Property Ownership
Fabulinus respects the intellectual property rights of its content providers and other third parties and wants its users to do the same. The Website and Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to: video, text, software, photos, and graphics. Most of this content, as well as the selection and arrangement of such content is or may be protected by the copyright laws of the United States and other countries. Fabulinus has rights in the selection, coordination, arrangement and enhancement of such content on its Website and through its Application, as well as in the content presented at the Website and within the Application that is original to it. Third Party videos and curated content presented through the Website and Application are and will remain the intellectual property of our content providers.
License to Content
Registration on our Website
To obtain access to certain services on Fabulinus sites, Applications or email subscriptions you may be given an opportunity to register with the Website or App. As part of any such registration process, you may select a user name, email and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to: (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Fabulinus considers to be offensive. Fabulinus reserves the right to reject or terminate any user name or password that, in its judgment, it deems offensive.
You may also choose to register for our Website or access our Application using your Facebook or Google account. If you choose to do so, you may allow content from your Fabulinus account to be shared through your Facebook or Google account. Any such content you share through Facebook or Google will be governed by their respective terms and privacy policies.
You will be responsible for preserving the confidentiality of your account details and will notify Fabulinus of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you should notify Fabulinus immediately.
Use of our Website, Application and Services
By using the Website and/or our services you agree not to:
interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about users or posting private information about a third party;
upload, post or otherwise transmit to Fabulinus any content, including any software or other materials which contain a virus or other harmful or disruptive component;
interfere with or disrupt the Website or the Application or the servers or networks connected to the Website or Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Application;
upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or Application;
Any conduct that, in Fabulinus’ sole discretion, restricts or inhibits anyone else from using or enjoying the Website, the Application or our Services will not be permitted.
Fabulinus reserves the right in its sole discretion to remove content and/or to terminate access to the Website, the Application or our Services for any reason.
Subscription in App
As part of our Services, we may offer one or more Subscription Plans. If You sign up for a Subscription Plan, You agree to the terms, conditions, and limitations associated with such plan, which will be disclosed to You through the App, Site, or other communications made available to You. The existence and features of any Subscription Plan offered by Fabulinus may change from time to time. If you purchase a Subscription Plan, your Fabulinus membership to such plan will continue month-to-month or year-to-year, as specified in the terms for such plan, and automatically renew until terminated. You must cancel your membership to a Subscription Plan before it renews for the next subscription period in order to avoid billing of the next period’s Subscription Plan fees to your Payment Method (see "Cancellation" below).
Payment will be charged to your Apple ID account at the confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
We may offer Users and certain Customers a free trial to a Subscription Plan. The specific terms of any applicable free trial will be stated in the materials describing the particular free trial or during Your sign-up for the free trial. Free trial eligibility is determined by Fabulinus at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke any free trial and put Your account on hold in the event that we determine that You are not eligible.
Service and Content Availability.
At its discretion, Fabulinus may offer additional Services or update, modify or revise any current Services, and this Agreement shall apply to any and all additional, updated, modified, or revised Services unless otherwise stipulated. In addition, we continually test various aspects of our Services, including but not limited to, the Site, Apps, user interfaces, promotional features, and availability of our content. Fabulinus may update, add, remove, rotate, modify, or revise any content in the Content Library. Fabulinus reserves the right to discontinue or cease offering any of the aforementioned Services and/or content, whether temporarily or permanently, in whole or in part thereof. These changes may affect the availability or accessibility of certain content in the Content Library, including titles which a Customer may have previously accessed. You, acknowledge, accept, and agree that Fabulinus shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or content.
You may cancel or terminate Your subscription by following the cancellation instructions provided on the appropriate App or Site. Notwithstanding the foregoing, if you have purchased a Subscription Plan through a third party, Your subscription is also subject to the terms of Your agreement with that third party (in addition to these Terms of Service) and to cancel such subscription, you must cancel directly with that third party.
For Apple App, Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.
If You cancel Your account or access to any Services, You will not receive a refund of any fees already paid. In the event of a cancellation of Your subscription, cancellation will be effective at the end of the current subscription period and You will have continued access to Your subscription for the remainder of that period.
You agree that Fabulinus may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit Your account, any email associated with Your account, and access to any of our Services. Any and all terminations, suspensions, discontinuances, and/or limitations of access shall be made at Fabulinus’ sole discretion, and Fabulinus shall not be liable to You or any other third party with regards to the termination of Your account, associated email address, and/or access to any Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of the Terms of Service or any other incorporated agreement, regulation, and/or guideline;
by way of request from law enforcement or any other governmental agencies;
the discontinuance, alteration, and/or material modification to our Services, or any part thereof;
unexpected technical or security issues;
any extended period of inactivity;
any engagement by You in any fraudulent or illegal activities; and/or
the nonpayment of any associated fees that may be owed by You in connection with Your Fabulinus account Services.
If You have a subscription or have purchased access to certain Services, and Fabulinus suspends or discontinues Your subscription or access to such Services, Fabulinus may, in its sole discretion, provide You with a credit, refund, discount, or other form of consideration.
Upon the cancellation or termination of Your Fabulinus account, the following may occur:
The removal of any access to all or part of the Services and related content offered within Fabulinus;
The deletion of Your password and any and all related information, files, and any such content that may be associated with Your account, or any part thereof;
The barring of any further use of all or part of the Services and related content.
Communications with Fabulinus and Interactive Features
Occasionally, users may wish to communicate with Fabulinus and/or send information users think is useful to Fabulinus’es mission. In addition, Fabulinus may provide comments sections, discussion forums, bulletin boards, communications tools, or other interactive features ("Interactive Areas”) in which visitors may post or upload comments or user-generated content relevant to the Website or Application (collectively all such submissions, including information users may send in hard copy or by email, shall be referred to as “User Content"). By submitting User Content you represent that such User Content complies with these Terms and that either (a) you are over the age of majority in your state of residence, or (b) if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate on the Website or use the Application, and fulfil the obligations set forth in these Terms, which forms a binding contract between you and Fabulinus.
Community Guidelines for Interactive Features
Fabulinus reserves the right in its sole discretion to remove or edit User Content authored by you and to terminate your access to our website for any reason. Fabulinus is not responsible for User Content submitted to the Website or the Application or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of the Website or Application.
If you submit any User Content or participate in any Interactive Areas within or in connection with the Website or Application, you agree not to upload, post or otherwise transmit and User Content that:
violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene;
advocates or provides instruction on illegal activity;
contains advertising or any solicitation with respect to products or services;
tends to indicate that you are impersonating another person or entity, or misrepresent that you are affiliated with another person or entity that you do not legitimately represent, including, but not limited to, any Fabulinus employee;
is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Fabulinus, in its sole discretion, to have violated the intellectual property or other rights of others may be barred from submitting or posting any further material on the Website or through the Application.
Fabulinus shall have the right, but not the obligation, to monitor use of its Website and Application, including, if applicable, any content posted or uploaded to the Website or through the Application, to determine compliance with these Terms and any operating rules established by Fabulinus and to satisfy any law, regulation or authorized government request. Fabulinus reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any user, any content posted or uploaded to the Website or through the Application at any time and for any reason.
Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER H.I. UPGRADE AB, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR APPLICATION, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE OR APPLICATION.
(B) THE WEBSITE, APPLICATION AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) NEITHER H.I. UPGRADE AB, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CONTRIBUTORS, USERS OR THIRD-PARTIES OR CONTENT GENERATED FROM SUCH THIRD PARTIES THAT MAY APPEAR ON OR THROUGH THE WEBSITE OR APPLICATION, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL H.I. UPGRADE AB, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE APPLICATION.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, H.I. UPGRADE AB, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OR ACCESSED ON THE WEBSITE OR THE APPLICATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER H.I. UPGRADE AB, ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
These Terms shall be construed in accordance with the laws of Sweden, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.