Terms and Conditions 2019-20-09
Last Updated on September 20, 2019. This Terms and Conditions is effective immediately for users that sign up for the Service on or after September 20, 2019, and will become effective on September 20, 2019, for users that already use the Service.
CALIFORNIA RESIDENTS ONLY: You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent using this form.
The following ‘Terms of Service’ is a binding contractual commitment. We recommend reading it in full before using our Service, but the most important point is this: your safety is our priority. For your safety, we reserve to right to remove any user for a number of reasons, but most importantly if we believe they are acting inappropriately or misrepresenting themselves. If someone has made you uncomfortable for any reason, please report on them to our customer support team, either via the app or by emailing [email protected] with the subject title "Fantasy Report". They’re there to help make your experience as enjoyable as possible.
While we do our very best to monitor the Fantasy community, remember to always use your best judgment when interacting with people on or off the app. Our app is only as good as our people, and we rely on you to keep Fantasy a safe and welcoming place for all.
YOU MUST BE AT LEAST 21 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE TERMS.
1. Introduction
This Terms of Service agreement (the “Terms”) governs your use of the Fantasy ((“us,” “we”) service available through our website located at www.fantasyapp.com (the “Website”), and mobile software application known as “Fantasy” (the “App”) (collectively, the functionality provided by the Website and App referred to as the “Service”).
Please read these Terms carefully. By accessing, browsing or using the Service, completing the registration process, and/or downloading the app, you represent (1) that you have attained the legal age that is statutorily required under the laws of the country in which you reside to form a binding contract with us, (2) you have the authority to enter into the Terms of Use personally or on behalf of the company you represent; and (3) that you consent to your personal data being collected, stored, processed or transferred in the manner provided for in these terms and as per the Privacy Policy. If you do not agree to be bound by these Terms, you may not access or use the Service.
Please note these Terms include a class action waiver and a waiver of jury trials, and require binding arbitration on an individual basis to resolve disputes.
2. Basics
Fantasy, through its App and Services provides community, networking and services for individuals. The Services and membership is open to individuals who register with the Services and meet our security requirements and Privacy Policy. Whichever level of registration you choose you will be bound by these terms and conditions in full and you also agree to be bound by the terms of our policies.
Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by posting new terms onto the App. In continuing to use the App you confirm that you accept the then current terms and conditions in full at the time you use the Service. You also agree that the App provider company or its representatives shall not be liable to you or any third party for any change or modification to these terms.
THESE TERMS MAY BE AMENDED OR CHANGED BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME.
3. Registration and Subscription
We have a number of security features designed to make our App as safe and secure as possible. These features require that new users are permitted to register or that you are required to provide more information than typically required for an online service, or that third party verification is required or registration and verification via social networks (Facebook, etc.). We are not obliged to permit anyone to register with the Service and we reserve the right to refuse registration to anyone for any reason.
4. Personal Information and Security
When you register as a member we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy Policy. You agree that all information supplied on registration and your membership profile will be kept up to date at all times.
5. Use and Abuse of the App
You must be 21 or over to use the App without exception and if the age of majority in your country is over-21 you must have reached the age of majority or adulthood to use the App. Any information published on the Services by you will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content.
Please note that certain content (including images and public fantasies) will be publicly available. In addition, you may share private content with registered members, where you have given permission for the sharing of private content. Please note that we cannot prevent a user from taking a copy of any message you send or share using the App and we urge you to take necessary precautions. If a user chooses to delete a conversation through the Services, then the conversation will be deleted from both inboxes and as such any messages which you have in your inbox may be deleted without your consent.
You may not publish any illegal, offensive, inaccurate, misleading, defamatory or fraudulent, content or any other content which breaches the terms and conditions. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Apps we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the App and terminating your membership and/or subscription.
You agree that you will not:
• solicit log-in information or access an account belonging to someone else;
• bully, intimidate, or harass any user of the App;
• do anything illegal, unlawful, misleading, malicious, or discriminatory using the App;
• do anything to suggest, express or imply that statements made by you are endorsed by us;
• impersonate any other person whether or not that other person is a user of the App.
We also reserve the right at our discretion to remove any content from the Services, terminate your membership and/or subscription and restrict your access to our services at any time for any reason. In the event that you are informed that you will no longer be entitled to access the services, you will not be entitled to register again and you will no longer have permission to use the App.
You agree not to upload any files or post or publish any on the App that contains viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's device.
6. Advertising and Commercial Use
Users of the App are not entitled to directly advertise to or solicit the custom of other users without our express written consent. You are not entitled to resell or commercially exploit the contents of the App other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use.
In the case that you are found by us to have been sending unsolicited/abusive messages to our users in contravention of any legislation we reserve the right to terminate without notice your use of the Apps without limiting any other rights and remedies we may have.
7. Disputes and Harassment
You will be responsible for communications with other users. If a dispute arises between users of the App then we reserve the right to adjudicate such dispute and take such action as we consider necessary. Please note that we are under no obligation to adjudicate any such dispute. Please also note that we do not screen users or subscribers on an individual basis although we may implement certain security features and we will review reports which are lodged by users.
8. Off-Line Contacts and Safety
If you arrange to meet another user of the App then you must ensure that you take adequate safety precautions. We also advise that you consider very carefully whether and when it is appropriate to supply personal contact information such as your address details to other users.
We are unable to take any steps to protect you if you decide to meet another user of the App. As such we will not be responsible for any property damage, theft, injury, assault, rape or sexual assault or any other losses or damage you may suffer as a result.
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS AND MEMBERS.
Please be advised that:
- Anyone who is able to commit identity theft can also falsify a dating profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
- Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
- If you choose to have a face-to-face meeting with another member, always tell someone where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
9. Our Liability
We will operate the App with the reasonable skill and care of an online service provider. Services provided do not extend to detailed monitoring or supervision of content, membership or contacts and communications between users of the App. From time to time it may be necessary to suspend access to the App for a period of time and any such interruptions shall not constitute a breach by us of these terms. Our liability to you for breach of contract will be strictly limited and no compensation shall be liable on us.
We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the App whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable if the content you have posted and stored on the App is lost, corrupted or damaged.
The App allows members to use the App without detailed oversight or monitoring. While we put systems in place to allow for users and other third parties to report harassment, improper use of the App and distribution of offensive, inaccurate, misleading, defamatory, fraudulent or illegal content, we do not make any warranties or guarantees in relation to use of the App. If we are legitimately informed of any abuse or infringement of these terms in accordance with clause 14 we will attempt to resolve the matter and we may delete the relevant account and/ or remove inappropriate content as soon as we can. We exclude all liability to the fullest extent permitted by law.
Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence but please note that we do not and cannot monitor or review any offline contact you have with any User.
You are solely responsible for your interactions in the App with other users and any other parties with whom you interact through the App and/or Fantasy services. The App provider reserves the right, but has no obligation, to become involved in any way with these disputes. As a condition of using the App, you release the App provider (and the App provider 's shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the App.
10. Cancellation and Termination
If you wish to cancel your subscription or membership, please notify us and we will delete your profile from the App. We will not refund any in-app purchase in the event of termination.
11. Intellectual Property
By providing content for distribution by our App you expressly grant us a royalty-free, perpetual, irrevocable license to use such content in order to deliver the App to you. The format and content of the App are protected by international copyright laws and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the App.
The App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilize parts of the contents of the App without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this App without our express written consent.
12. International Use
You shall comply with all foreign and local laws and regulations which apply to your use of our App in whatever country you are physically located.
13. General
We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control. .For any breaches of policies associated to your account, your account shall be penalized or banned at our discretion and you shall not be refunded any previous active or inactive in app purchases. You are the only person responsible for your account and device and how it is used, so any blame on third parties that have allegedly used your account or phone at the time of the action are not valid and shall be discarded. We may make changes to the format of the App, services provided or to the content at any time without notice.
14. Enforceability
In the event any provision of these Terms is declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.