Terms of Use and Privacy Policy

Updated September 28, 2020

TERMS OF USE

Hello and thank you for visiting! It is important to us that everyone has a positive and safe online experience so here are the rules.

These Terms of Use apply to your use of the websites owned and operated by Work Ignited, LLC, its owners, employees, affiliates and related entities (“we” or “us”) including www.WorkIgnited.com, www.FabulousTogether.net, and any subdomains thereof (the “Sites”). The term “Sites” includes the content on the Sites and all of our services provided on or through the Sites. You use the Sites anytime you access, view, link to or from, or otherwise interact or communicate with or connect to the Sites. By using the Sites you agree to these Terms of Use and Privacy Policy, which is below. If you do not agree with any of parts of the Terms of Use, do not use the Sites. These Terms of Use may be changed from time to time without notice. Any changes will be effective when posted. Periodically review our Terms of Use to become aware of any changes.

Services

Your use of certain features, functionality, resources, products or programs (including, without limitation, contests, sweepstakes, games, surveys, forums, newsletters, subscription registrations, content submissions, chats, bulletin boards, discussion groups, promotions, marketing opportunities, affiliate programs requests for suggestions, requests for free products, RSS feeds, etc.) offered on or through the Sites (the “Services”) may be subject to additional terms and conditions (“Service Rules”), and before you use any of the Services you may be required to indicate your acceptance of such additional Service Rules. All Service Rules are incorporated into these Terms of Use by reference.

User Requirements

You must be at least 18 years old to participate on our Sites. We do not knowingly collect personal information from anyone under the age of 18.

Applicable Laws

We comply with the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Digital Millennium Copyright Act, GDPR, the California Consumer Privacy Act, and all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Federal Trade Commission (collectively, “Applicable Laws”) By using the Sites you agree to abide by all Applicable Laws and to refrain from assisting anyone to evade any Applicable Law.

House Rules

By accessing the Sites, you agree not to:

  • use the Sites in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Sites or interfere with any other user’s use and enjoyment of the Sites

  • use spiders, robots, data mining techniques or similar data methods to download or otherwise, store, publish or distribute the content of the Sites

  • intercept or misappropriate data or personal information from the Sites

  • post, transmit, publish, share or otherwise make available any information, software or other material that contains a virus, malware or any other harmful component including but not limited to trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage or interfere with the Sites

  • intimidate, harass or insult other users

  • post, transmit, publish, share or otherwise make available any content that is abusive, harmful, unlawful, fraudulent, threatening, infringing, hateful, harassing, defamatory, insulting, obscene, profane, racist, or otherwise objectionable

  • post, transmit, publish, share or otherwise make available content that would incite a criminal offense, violate the rights of others or that would otherwise create liability or violate any Applicable Laws

  • post, transmit, publish, share, or otherwise make available any inappropriate advertising, solicitations or promotional materials including junk mail or spam that would violate the CAN-SPAM Act

  • inappropriately post transmit, publish, share, or otherwise make available or solicit private information such as phone numbers, addresses, social security numbers

  • impersonate any person or entity (including, but not limited to, any of our employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity

  • use your account or another user’s account in an inappropriate or unauthorized manner

  • post the same message or comment multiple times

We reserve the right to monitor communications on the Sites between you and other users.

User Registration

If you access the Sites as a visitor, you will not be required to provide personally identifiable information. However, to access certain Services, you may be required to register or to create an account and to provide certain information.

When registering an account, you agree to:

  • provide true and accurate information about yourself

  • create a suitable username that is not offensive, infringing or deceptive

  • not register for more than one account

  • not register for an account on behalf of someone other than yourself

  • maintain the security of your passwords and identification

  • be responsible for all use and activity under your account, and the consequences thereof, regardless of whether you have authorized such use and activity

  • immediately notify us of any unauthorized use of your password or account or any other breach of security

If we determine, in our sole discretion, that you have violated these Terms of Use we reserve the right, without notice, to remove your account and restrict, suspend or terminate your access to all or any part of the Sites in our sole discretion.

Restrictions on Use of Site Content

Our trademarks and service marks, along with our trade names, trade dress (the “Marks”) and designs and all other content found on our Sites, including, but not limited to, articles, art, designs, graphics, text, postings, images, links, photographs, videos, information, and music (collectively, the “Site Content”) is our property and/or the property of its respective owners. Unless noted otherwise, you may access the Sites or the Site Content for your personal and non-commercial use only. You will not acquire any ownership rights by downloading the Site Content. You may not use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Site Content, in whole or in part, without our prior written authorization and the authorization of all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained on the Sites. Any unauthorized of the Site Content will terminate any permissions granted herein. Such unauthorized use may also violate Applicable Laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to the Marks or Site Content.

User-Generated Content

We are not responsible for content posted, transmitted, published, shared or otherwise made available by users on or through the Sites (“User Content”). User Content, includes, but is not limited to, trademarks, trade names, service marks, trade dress, articles, recipes, art, designs, graphics, text, postings, images, links, photographs, videos, information, and music (collectively, “User Content”). We are a distributor (and not a publisher) of User Content. Accordingly, we have no more editorial control over such User Content than does a public library, bookstore, or newsstand. User Content does not reflect our opinions or views. Although we may monitor the Sites, we do not review all User Content. We do not endorse any User Content and make no warranties, whether express or implied, as to the accuracy, integrity or quality of any User Content. Under no circumstances will we be liable in any way for User Content, including, but not limited to, any errors or omissions in any User Content or any loss or damage of any kind incurred as a result of the use of or reliance on any User Content. We retain the right to archive or make any discussion “Read Only” or to reject, modify or remove any User Content (without notice or liability) if we consider any User Content to be in violation of these Terms of Use or otherwise inappropriate or harmful to the Sites in our sole discretion. Regardless of whether we remove such User Content, users remain solely responsible and liable for their User Content.

By posting, transmitting, publishing, sharing or otherwise making available User Content on the Sites, you automatically grant (or warrant that you have the express authority from the owner of such User Content to grant) us a worldwide royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, translate, publish and distribute such User Content (in whole or in part). We also have right to incorporate and adapt the User Content in other works in any form, media or technology now known or hereafter developed. You further grant any other user of the Sites to access, view, store or reproduce the User Content for that user’s personal non-commercial purposes. Additionally, you represent and warrant that (1) no element of your User Content will violate or infringe upon the intellectual property or privacy rights of any third party and (2) you (and any licensor of content that you post on the Sites), have waived any “moral rights” in connection with your User Content. You are solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any User Content posted by you on or through the Sites. You acknowledge you are not entitled to any compensation for any User Content you post on the Sites.

Links to Third-Party Sites

The Sites may contain links to other sites (“Third-Party Sites”) containing content, goods, services, and applications not owned by us. These Terms of Use apply only to our Sites. We do not control, endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any content of Third Party Sites. You release us from any and all liability, direct or indirect, and for any loss or damage in connection with your use of, or reliance on, any content of Third-Party Sites.

Copyright Complaints

We respect other people’s intellectual property rights. Therefore it is our policy to remove any materials that infringe upon another party’s intellectual property rights. In accordance with the Digital Millennium Copyright Act (the “DMCA”), and upon proper notice, we will remove User Content (and any other Site Content) that violates copyright law. If you believe your work has been infringed send an email to

[email protected] containing the following information: (i) the identification of the copyrighted work; (ii) the location the material on the Sites; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is unauthorized, (v) a statement that you are the copyright owner or authorized to act on the copyright owner’s behalf and (vi) a statement, made under the penalty of perjury, that all the information in your notice is accurate; and (vii) your signature (physical or electronic).

By submitting a notice, you acknowledge and agree that we may forward your notice and any related communications to any users who posted the material identified in such notice or to other third parties.

If you believe that your User Content has been wrongfully removed from the Sites, you may send us a counter notice. The counter notice must be in writing, sent to the email address above, and include: (i) identification of the material that has been removed; (ii) your contact information; (iii) a statement that you have a good-faith belief that the material was improperly removed; (vi) a statement that you consent to the jurisdiction of the Federal District Court in the Western District of New York, and agree to accept service of process from the person who submitted the original notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit; (vi) a statement, made under the penalty of perjury, that all the information in your counter notice is accurate (vii) your signature (physical or electronic). By submitting a counter notice, you acknowledge and agree that we may forward your counter notice and any related communications to the person who submitted the original notice that resulted in the removal of your User Content or to other third parties.

Personal Advice

The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific tests, physicians, professionals, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

No Medical Advice

Content on this and related sites in no way constitutes medical advice and is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it as a result of your use of site content. We make no guarantees about your experience or results from your use of content and you release Work Ignited, LLC, its officers, employees, and consultants of any liability relating to your use.

Warranties

YOU USE THE SITES AT YOUR OWN RISK. THE SITES (AND ANY PORTION OF THE SITES) ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Sites, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Sites and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Sites (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Sites; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Sites and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Sites (including, without limitation any of the Services).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

Indemnification

You agree to indemnify and hold harmless us and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the Sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses.

Jurisdiction

We control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration

These Terms of Use will be governed by, and construed in accordance with the laws of the State of New York. All disputes related to these Terms of Use shall be submitted for resolution to the American Arbitration Association’s (“AAA”) Buffalo, New York office. You hereby waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final, and judgment may be entered into it in accordance with the applicable law in the District Court in Western New York. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA’s Buffalo, New York office.

Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, YOU HEREBY WAIVE THE RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS RELATING TO THESE TERMS OF USE, AND THE BREACH THEREOF WHETHER IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT.

Severability; Waiver; Modification

If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then said provision shall be severed from the remaining Terms of Use and shall not affect the validity or enforceability of the remaining provisions. Failures to timely exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein.

Injunction Relief

You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.

PRIVACY POLICY

Your privacy is important to us, and therefore we have developed this Privacy Policy to make sure that our Sites are positive and constructive spaces where you feel safe.

This Privacy Policy outlines our guidelines concerning the use of your personal information including the efforts we make to protect your personal information and the choices you have concerning our use of such information. Read this Privacy Policy carefully. We may change this Privacy Policy from time to time without notice. We will post any changes here so that you will always know our policies regarding what information we gather and how we use and share that information. Refer back to this Privacy Policy regularly for any changes.

SCOPE OF PRIVACY POLICY

This Privacy Policy covers only information collected on the Sites in order to provide you with certain Services (such as, but not limited to, all information and opportunities shared with you through our websites and email). It does not cover any information collected offline by us, nor does it cover the conduct of any Third-Party Sites. We encourage you to review the privacy policies of any Third-Party Sites or services before providing any of them with your personal information.

PERSONAL INFORMATION

You may visit our site anonymously. In connection with the Services we may request personal information from you (such as your name, street address, telephone number, credit card number, email address) in connection with your use of, or participation in the Sites or Services. We only collect personal information from you if you voluntarily submit such information to us. We will never intentionally disclose any personal information to any third party without your permission (through opting-in or similar procedures) except as provided for herein or otherwise as permitted or required under Applicable Laws. We do not sell, trade, or otherwise transfer to outside parties your personal information, except as set forth herein.

We collect your information:

  • To personalize your experience;

  • To improve our Sites;

  • To improve customer service; and

  • To process transactions.

We may contact you based on the information you provide online in connection with the Services or use the information in connection with the performance of the Services. We will share information with necessary third parties for the purpose of carrying out the Services. Your participation in the Services constitutes your consent to such disclosure and use of such information. In the event that your personal information is requested as part of our surveys, polls or promotions, such personal information may be added to your registration information.

If you give us your permission or otherwise “opt-in," we may use personal information for marketing and promotional purposes. We will give you an opportunity to “opt-in” at the time our request for your personal information is made. Please note, however, that under certain circumstances, if you initially do not choose to “opt-in” or if you later “opt-out,” you may not be eligible for certain benefits or Services for which personal information is required.

These policies have the following exceptions: We will release specific information to comply with any valid legal inquiry or process or any Applicable Laws. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites or a physical or property threat to you or others. We may provide access to your personal information to our contractors who are performing services for us in connection with our Sites or the Services that you have requested. Any information you provide when making a purchase will be shared with payment processors, financial gateways, credit card companies and any other necessary third parties. If you publicly post personal information on our Sites, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post on the Sites and have no control over how such third parties may use your information. You disclose such information at your own risk. We strongly suggest that you never post your last name, address or telephone to our Sites.

You are responsible for maintaining the confidentiality of your account information and password. You shall be responsible for all uses of your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your account or password.

If you are within the European Union or the State of California, see below (Opt-Out and GDPR / CCPA) to understand the choices you have about the ways we use your personal information.

NONPERSONAL IDENTIFICATION INFORMATION

We may collect nonpersonal information through the use of, without limitation, cookies, IP address tracking and web beacons.

Nonpersonal information might include the browser you use, the type of computer you use, your operating system or your internet service provider. Our systems may also automatically gather information about your location, the areas you visit and search terms you use on our Sites and about the links you may select from within our Sites to other areas of the web or elsewhere online.

We use such information for our business purposes, to administer the Sites, to better manage advertising on the Sites, to understand how our users use our Sites and to improve our Sites.

We may aggregate and share non-personal information with our partners, suppliers, and other third parties, but we will not share any individual names, personal navigational or other personal information without your consent and we maintain control how your non-personal information will be used. For example, we may use a third-party advertising company to customize ads and share demographic and preference information to display advertisements appropriate for you. We may contract with a third-party web analytics provider to help optimize our Sites.

More About IP Addresses: An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace, so that the information you request can be delivered to you. IP addresses do not include your name, email address, or other information that identifies you personally, but in some cases, they can be used to identify you. For example, if you have registered with this Site, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third-party service providers who can use it to identify your state and zip code. This gives us valuable demographic information about the individuals who use this Site. In addition, if we suspect inappropriate or criminal activity or a threat to the security of this Site or its users, we may share our server logs—which contain users’ IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.

OPT-OUT AND GDPR / CCPA

We provide opportunities to unsubscribe/opt-out from our Services in all newsletters and marketing emails and you may choose to do so at any time.

If you live in the European Union or the State of California, you may also use the unsubscribe/opt-out features to request that we redact your personal information from our records. We will comply within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identify.

If you need further assistance with unsubscribing or opting-out of any of the Services, or with redaction of your personal information, please email customer service at [email protected] for assistance. Please note that we may not be able to remove your information from the records of any third parties who have received your information in accordance with this Privacy Policy.

At our discretion, we may determine that your lack of engagement in the Services indicates your desire to opt-out of the Services. For example, you may be removed from our email list if you have not opened an email from us for a certain period of time. You may opt-in again at any time.

HOW LONG DO WE KEEP YOUR INFORMATION?

We will retain your information indefinitely until you opt-out, request removal or redaction, or we choose to remove it.

PRIVACY OF CHILDREN

We are in compliance with the requirements of the Children’s Online Privacy Protection Act. The Sites are not directed to children under the age of 13 and therefore we will not knowingly collect personally identifiable information from children under 13.

We do not allow users under 18 to access the Fabulous Together site. You agree to abide by any such restrictions and not to help anyone avoid these restrictions.

SECURITY POLICY

By using the Sites, you assume the risk of an unauthorized security breach. Even though we take prudent and reasonable measures to secure your personal information, our servers and our physical premises, we cannot guarantee that our efforts will be completely effective.

CONSENT TO TRANSFER

The Sites are operated from the United States. If you are located outside of the United States, be aware that any information you provide to us will be transferred to the United States. By using our Sites, participating in any of the Services and/or providing us with your information, you consent to this transfer.

CHANGES IN SITE OWNERSHIP

In the event of a merger, acquisition, or sale of any of our assets or the Sites, you consent to the disclosure to, and use by, any subsequent owner or operator of the Sites, of any information about you contained in our databases.

QUESTIONS

If you have any questions regarding these Terms of Use, you may contact us at [email protected]