PLEASE REVIEW THE FOLLOWING CAREFULLY. BY USING OUR SOFTWARE, YOU ACCEPT AND AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS SET FORTH BELOW.
General. These Terms of Service will be governed and construed in accordance with the laws of Australia. Both parties agree that these Terms of Service constitute the entire agreement between the parties, and supersede or replace all previous written or oral agreements relating to the subject matter of these Terms of Service. Fablusi.com reserves the right to update the Terms of Service at any time without notice to you. The most current version of the TOS can be reviewed by clicking on the "Terms of Service" hypertext links located at the bottom of our Web pages.
Fablusi.com develops and makes available software which allows users to create, administer, moderate, monitor and deliver online role play simulation. Instances of online role play simulation may be captured and distributed via CD or Web site. Both the live online role play simulation and captured instances of online role play simulations are made available to potential learners beyond our control. This document describes the terms under which the Fablusi.com software are offered to users, including changes to fee structures and levels of services.
Any software that is made available to download from the Fablusi.com ("Software") is the copyrighted work of Fablusi.com and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user should not use any Software, unless he or she first agrees to the License Agreement terms.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Fablusi.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Loss of Data. Users are solely responsible for the adequate protection and backup of their own author data and user play-generated data. Users will not make a claim against Fablusi.com for loss of data, additional authoring or analysis time, business interruption, inaccurate output, work delays or lost profit resulting from the use of this site. Fablusi.com also reserves the right to periodically purge old, and/or unused data from its databases, including author created or user play-generated data.
Minor Policy. Fablusi.com has no way to verify the age of person using this site. The author, administrator, moderator of the online role play simulation is/are solely responsible for the subject matter, language used and images used in the online role play simulation. The players are solely responsible for the content in any response to any online role play simulation. However, if there is evident that inappropriate content has been delivered to person under the legal age to view such content, Fablusi.com reserve the right to remove the online role play simulation from our system without prior notice.
Registration and Password. Password is generated for each registered author, administrator or moderator. An unique ID is assigned to each online simulation created and will not be reused. Users need to provide their email in order to receive the password during registration process.
Use of Service and Documentation. This site and our software are provided "as is," without warranty and without any guarantee of fitness for a particular purpose. We also make no guaranties as to the quality, suitability, truth, or completeness of any of the information contained on this site, including help materials, resources, and other documentation.
Users may not:
- directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Fablusi.com software; modify, translate, or create derivative works of the software; or copy, distribute, lease, distribute, assign, or otherwise transfer rights to the Fablusi.com software;
- attempt to disrupt the services of Fablusi.com;
- assist or permit any persons engaging in any of the activities described above;
Proprietary Rights. Fablusi.com and its content including the graphics, names, text, software, music, videos, sound, pictures, compilations, simulation templates, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Fablusi.com Web site to the extent such content is provided and/or designed by Fablusi.com, is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. The Fablusi.com trademarks and domain name are owned by Fablusi P/L.
Fablusi.com grants you non-transferable and non-exclusive right and license to use its Software; provided that you do not (and do not allow any third party to) modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
If you are unsure whether any contemplated use of email is permitted, please
and we will assist you.
Trademarks. Fablusi, Fablusi.com, and all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of Fablusi.com. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
Indemnification. You agree to defend, indemnify, and hold harmless Fablusi.com and its affiliates and their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable attorney fees and disbursements and court costs) arising out of your use of our software or from breach of this Terms of Service agreement, or your violation of any law or the rights of a third party.
Disclaimer of Warranty and Limitation of Liability. User expressly agree that use of the Fablusi.com site and its software is at user's sole risk. Neither Fablusi.com, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that the site or software will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of software, or the accuracy or reliability of any information, service, or merchandise provided through the site. Fablusi.com assumes no responsibility and shall not be liable for any damages to, or viruses that may affect, your computer equipment or other property in connection with your access to, use of, or browsing through the Fablusi.com related Web sites, or your downloading of any information from the Fablusi.com site. Fablusi.com does not warrant or guarantee that (a) any information available through the site will be free of infection by viruses, worms, Trojan horses, or anything else manifesting destructive properties; or (b) the functions or services of Fablusi.com and its Web sites will be uninterrupted or error-free or that defects in any Fablusi.com Web site will be corrected. The site and software are provided "as is" without warranties of any kind, either express or implied. In no event will Fablusi.com or any person or entity involved in creating, producing, or distributing content included therein, be liable in contract or in tort for any damages including without limitation, direct, indirect, incidental, punitive, consequential, or similar damages including without limitation lost profits, lost revenues, loss of use or similar economic loss arising out of the use or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the site.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF CREATED ONLINE ROLE PLAY SIMULATION, LEARNERS' INTERACTION DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM AGAINST Fablusi.com FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SITE OR SOFTWARE.
No Resale of Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the software.
Links to Other Sites and Advertisers. Throughout this site, there may be many links to other Worldwide Web resources, as well as advertising material for other sites that include links to those sites. However, because Fablusi.com has no control over such external sites and resources, you agree that Fablusi.com is not responsible for the availability of such resources. In addition, it does not endorse, and is not responsible for, any content, advertising, or other materials found there. Fablusi.com also is not responsible for the privacy practices or content of any Web sites that it links to. You acknowledge that Fablusi.com is not responsible or liable, directly or indirectly, for any damage or alleged events connected to the use or reliance on any content or services available through any such site or resource.
Fee structure. The Fablusi.com pricing model is based on volume of use. Fablusi.com reserves the right to change our fee structure from time to time.The pricing may change, without notice, at any time.
Payment Terms. The user promises to pay all fees before we enable deliver of our services or software. We may engage third party online payment processor to collect fees and we shall, at our discretion, send the requested license file to the user upon verification from our online payment processor that the fund has been transfered.
Jurisdiction. The Terms of Service and the relationship between User and Fablusi.com shall be treated as if entered into and executed in the State of Victoria, Australia and shall be governed and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the courts in Australia. The failure of Fablusi.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such a right or provision. Fablusi.com makes no representation that the materials and content on the Fablusi.com site or software are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services, the Fablusi.com Web site or use of software from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. You agree that regardless of any statute or law to the contrary, any claim or demand under the Terms of Service must be made within 1 year of the occurrence or be forever barred. A printed version of these Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. All rights not expressly granted herein are reserved.
Changes to this Policy. The above Terms of Service are effective as of July 1, 2004. Fablusi.com reserves the right at any time to change the Terms of Service without notice as well as change or discontinue any aspect or feature of the site, including, without limitation, the content, tools, hours of availability, and hardware/software needed for access and use of the site. If there are material changes in the Terms of Service, Fablusi.com will prominently posting new policies at the Fablusi.com Web site for at least 30 business days prior to the implementing the new practice.
Your Acceptance of These Terms. By using this Web site or our software, you signify your consent to Fablusi.com's Terms of Service. If you do not agree to this, please do not use our Web sites or software. Your continued use of Fablusi.com Web sites or software following the posting of changes to these terms will mean you accept those changes in accordance with the Terms of Service.