Updated: May 18, 2024
1. Introduction
Welcome to Fables! We are passionate about enriching children's lives through personalized storytelling that captures their imaginations and fosters a love of reading. These Terms of Service ("Terms") govern your use of our services, including those available through our website and all related sites, mobile sites, data files, visualizations, and applications (the “Site”), and all products, software, or services offered by Fables (the “Services”). For the purposes of these Terms, “we,” “our,” “us,” and “Fables” refer to Fables Factory, the providers and operators of the Services.
By using the Services, you agree to be bound by these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
2. Description of Services
Fables provides a platform for creating personalized storybooks for children. Our Services include tools for customizing characters, settings, and story elements based on your child's preferences. We offer both digital and printed storybooks and a subscription service for monthly personalized activity books. Our goal is to create a rich and engaging reading experience tailored to each child's unique interests and developmental stage.
3. Account Registration and Security
To use the Services, you may be required to create an account. You agree to:
* Provide accurate, current, and complete information during the registration process.
* Update such information to keep it accurate, current, and complete.
* Maintain the confidentiality of your account credentials and for all activities that occur under your account.
* Notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to terminate or suspend your account at any time, without notice or liability, for any reason, including if we suspect fraudulent activity, unauthorized use of your account, or violation of these Terms.
4. User Conduct
You agree not to use the Site or the Services in any way that:
* Violates any applicable federal, state, local, or international law or regulation.
* Exploits, harms, or attempts to exploit or harm minors in any way.
* Transmits, or procures the sending of, any advertising or promotional material without our prior written consent.
* Impersonates or attempts to impersonate Fables, a Fables employee, another user, or any other person or entity.
* Engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which, as determined by us, may harm Fables or users of the Site or Services or expose them to liability.
5. Orders and Payment
When you place an order for a product, you agree to:
* Pay the price specified at the time of your order, including any applicable taxes and shipping fees.
* Provide valid payment information and authorize us to charge the applicable payment method.
All payments must be made through our designated payment gateway. We reserve the right to change prices and payment methods at any time without notice. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
6. Shipping and Returns
We strive to process and ship orders promptly. However, shipping times may vary, and we do not guarantee delivery dates. If you receive a defective or incorrect product, you may request a replacement or refund in accordance with our Return Policy. Please contact our support team for assistance.
7. Intellectual Property
All content on the Site and Services, including text, graphics, logos, images, and software, is the property of Fables or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use any content from the Site or Services for commercial purposes without our prior written consent.
8. License and Restrictions
Fables grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for your personal, non-commercial use. You agree not to:
* Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site or Services.
* Use the Site or Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site or Services.
* Use any robot, spider, or other automatic device, process, or means to access the Site or Services for any purpose, including monitoring or copying any of the material on the Site or Services.
9. Privacy
Your use of the Site and Services is also governed by our Privacy Policy, which can be found at www.fablesfactory.com/privacy. By using the Site and Services, you consent to the collection, use, and sharing of information as described in the Privacy Policy. We take your privacy seriously and use reasonable measures to protect your personal information.
10. Disclaimer of Warranties
The Site and Services are provided “as is” and “as available,” without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Fables disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Services will be uninterrupted or error-free, that defects will be corrected, or that the Site or Services are free of viruses or other harmful components.
11. Limitation of Liability
In no event shall Fables be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
* Your use or inability to use the Site or Services.
* Any unauthorized access to or use of our servers and/or any personal information stored therein.
* Any interruption or cessation of transmission to or from the Site or Services.
* Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site or Services by any third party.
* Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site or Services.
* Any other matters relating to the Site or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Fables has been informed of the possibility of such damage.
12. Indemnification
You agree to indemnify, defend, and hold harmless Fables, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to your use of the Site or Services, your violation of these Terms, or your violation of any rights of another.
13. Governing Law
These Terms and any disputes arising out of or relating to these Terms or the Site or Services will be governed by and construed in accordance with the law, without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts for the purpose of litigating all such claims or disputes.
14. Arbitration Agreement
Any disputes arising out of or relating to these Terms or the Site or Services shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
15. Force Majeure
Fables shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fables' reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
17. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fables' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Fables without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
19. Entire Agreement
These Terms, together with any amendments and any additional agreements you may enter into with Fables in connection with the Services, shall constitute the entire agreement between you and Fables concerning the Services.
20. Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Site prior to the change becoming effective. Your continued use of the Site or Services after any changes to these Terms constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates or changes.
21. Termination
We may terminate or suspend your access to the Site or Services immediately, without prior notice or liability, if you breach any of the Terms. Upon termination, your right to use the Site or Services will cease immediately. If you wish to terminate your account, you may simply discontinue using the Site or Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
22. Contact Us
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: hello@fablesfactory.com.