This agreement is between Fantasy Inc (“Fantasy Inc”) and users of Fantasy Inc products, services, and websites (“You”).
YOUR ACCEPTANCE
By installing, using, or accessing Fantasy Inc products, services, or websites (collectively the “Service”) You signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Fantasy Inc Privacy Policy.
Fantasy Inc may, in its sole discretion, modify or revise the Terms of Service at any time, and You agree to be bound by such modifications or revisions.
GENERAL USE OF THE SERVICE
Fantasy Inc grants You permission to access and use the Service as set forth in the Terms of Service, provided that:
1. You agree not to alter or modify any part of the Service.
2. You agree not to use the Service for any of the following commercial uses unless you obtain Fantasy Inc prior written approval:
a. the sale of access to the Service; or
b. the sale of advertising, sponsorships, or promotions placed on or within the Service, including any content shared on the Service.
3. In your use of the Service, You will comply with all applicable laws.
4. Fantasy Inc reserves the right to discontinue any aspect of the Service at any time.
YOUR USE OF CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Fantasy Inc content (“Content”):
1. Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Fantasy Inc, subject to copyright and other intellectual property rights under the law.
2. You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under the Terms of Service. You shall not copy, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Fantasy Inc or the respective licensors of the Content. Fantasy Inc and its licensors reserve all rights not expressly granted in and to the Service and the Content.
3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
4. You understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Fantasy Inc with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Fantasy Inc, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
BILLING
If You purchase products or services directly from Fantasy Inc, you authorize Fantasy Inc to charge You the applicable fees, including any ongoing charges for subscription renewals, through the designated payment method. You understand and acknowledge that Fantasy Inc may adjust the pricing for its products and services in the future and that You will be charged such adjusted fees on a going forward-basis after notice to You from Fantasy Inc. If You purchase a subscription from Fantasy Inc, your subscription will automatically renew at the end of each subscription term until You cancel the subscription. If You cancel a subscription, Your subscription will terminate at the end of Your current subscription period. You acknowledge that any payments You make to Fantasy Inc are non-refundable. Fantasy Inc may, at its discretion, provide You with a credit or refund, but such issuance of a credit or refund does not obligate Fantasy Inc to provide You credits or refunds in the future.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FANTASY INC ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FANTASY INC 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 THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FANTASY INC’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 MADE AVAILABLE VIA THE SERVICE. FANTASY INC DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FANTASY INC 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.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FANTASY INC, 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 THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FANTASY INC’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE 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 MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT FANTASY INC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
INDEMNITY
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Fantasy Inc, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Terms of Service and your use of the Service.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either 13 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.
ASSIGNMENT
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Fantasy Inc without restriction.