Terms and Conditions 2019-18-12
Last Updated on December 18, 2019. These Terms and Conditions (the “Terms”) are effective immediately for users that sign up for the Service on or after December 18, 2019, and will become effective on December 18, 2019, for users that already use the Service as it is defined below.
CALIFORNIA RESIDENTS ONLY: You, acting as the buyer may cancel the contract you are acknowledged to have with us, Fantasy App, Inc. after you become the Service user, without any penalty or obligation, at any time prior to midnight of our third business day following the date of this contract, excluding Sundays and holidays. To cancel this contract, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this contract, or words of similar effect. This notice shall be sent using this form.
These Terms and Conditions is a binding contractual commitment once you agree with it. We recommend reading it in full before using our Service, but the most important point is this: your safety and observance of your rights are our priorities. While we do our very best to moderate the Fantasy Match community, remember to always use your best judgment when interacting with people on or off the Service. The Service is only as good as our people using it, and we rely on you to keep Fantasy Match a safe and welcoming place for all.
Important! We require users of the Service to be at least 21 years of age. We do not intend for anyone under the age of 21 to use any of the features or services we offer from the Service and we do not knowingly collect personal data from anyone under the age of 21 – so, please, if you are under 21 do not use the Service. We understand and are committed to respecting the sensitive nature of people’s privacy online. If we find out or suspect you are less than 21 years old – we retain the right to limit, pause or cancel your use of the Service in the manner we may deem feet. If you suspect that a Service user is under the age of 21, please use the reporting mechanism in the Service available as described above.
For your safety, we reserve the right to limit, pause or cancel the Service or any user profile for a number of reasons but most importantly if we believe or presume when a user acts inappropriately or misrepresents himself/herself. If someone has made you uncomfortable in the Services for any reason, please report on the issue to our customer support team, either via the reporting mechanism in the Service or by emailing us at [email protected] with the subject title “Fantasy — Report”. Our goal is to make your experience as enjoyable as possible.
These Terms govern your use of the Fantasy Match (“us”, “we”) service available through our website located at https://fantasyapp.com/ (the “Website”), and mobile software application known as Fantasy Match located at https://apps.apple.com/app/id1230109516 (the “App”) (collectively, the functionality provided by the Website and the 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:
- you have attained the legal age of 21 to form a binding contract with us;
- you accept and so have the authority to accept these Terms and Conditions and Community Rules personally as you are not limited in your rights or legal capacity;
In case we will have some other document obligatory for you to accept in order to use the Service – we will notify you thereon and insert the reference to such document in the text of these Terms.
Upon downloading the Service onto your mobile device you have to accept these Terms through technical features of the App and your mobile device in order to use the Service has in such manner access to the Service.
Accepting of this Terms means you have contractual relations with us and the provisions hereof are acknowledged to be the provisions of the contract between you and us. 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.
If you do not agree to be bound by these Terms or have contractual relations with us, do not access or do not use the Service.
Fantasy Match as a Service provides networking and services for individuals mainly through providing downloadable software with digital content of different nature and with different features for various purposes including content discovery and social networking.
In continuing to use the Service you confirm that you accept then-current Terms in full at the time you use the Service. You also agree that we or our representatives shall not be liable to you or any third party for any change or modification made to these Terms.
We clearly understand and ask you to accept that the Service is the one we publicly assert for open-minded persons and hence some of our features or approaches may be considered surprising or even stunning for someone. We want you to understand and always keep in mind that (i) you use the Service at your will and sole discretion – under no pressure or deception, (ii) neither strictly nor through the Service operating we have no intend to harm the rights, religious beliefs and lawful interests of as well as abuse, offend, disparage, deride or embarrass any person, group, societies for any reason or on any matter.
However, and we strictly insist on it and these are our global purpose, all the contacts and relations between the Service and registered users or in relation to the Service take place on the basis of complete mutual understanding, consent and agreement with no money or any other valuable consideration planned, intended or received due to any contacts or relations between the Service users. Indeed we deny and prohibit the Service use in the course of prostitution, pornography, paid sex industry, fancy persons’ activity as well as under any pressure or deception. It is strictly prohibited to use the Service in breach of this Terms provision.
The Service is granted “as is” and “as available” basis. That means you are given no guarantee of Service use, functionality, correctness, and meeting of your plans and goals of their use unless it is strictly written otherwise in these Terms. And in this relation, we do not represent or warrant that the Service or the information, content, contact information, including but not limited to any data, input or posted by any third person in the Service, contained therein comply with any applicable laws or are free from the breaching third persons’ rights, including intellectual property rights. Note that though we do our best to maintain the best features of the Service – any quality assurance (QA) is not included in the general Service description so that you shouldn’t count on it.
You can not use the Service without registration completed and sharing your geolocation at least once.
You pass the in-Service registration using Service features and you will have to choose your login and password for further Service access. We remind you to keep this login and password in secret in order no other person to use your Service account.
We have a number of security features designed to make the Service as safe and secure as possible. These features require that new Service users are permitted to register or that you are required to provide more information than typically required for some other online service, or that third party verification is required. Registration and verification via social networks (Facebook, etc.) is not obligatory. We are not obliged to permit anyone to register with the Service and we reserve the right to refuse, cancel or terminate registration in the Service of anyone, including you, for any reason.
For instance, we need to be sure that you are a real person and act on your own behalf when registering and using the Service and that your Service use is not connected to any illegal, unlawful, improper activity or activity prohibited by these Terms – that is why we ask you to provide us within the registration procedure with your real photos. We are committed to never share successfully uploaded photos that you upload in the Service anywhere, expect in the Service.
In order to be able to use all the Service features you need to be in the city indicated as “active” in the Service. That is why while registering in the Service you will need at least once allow your geolocation, that we can be able to determine whether you are in the “active” city or not. Note that we do not make any discrimination of the Service users based on their location in an “active” city but there are merely technical obstacles limiting us in providing the Service to those users who are not in the “active” city.
It is strictly prohibited for any Service user hereby to rent, sell, purchase or in other manner alienate the Service accounts.
For the purpose of a lawful use of Service and legislation abidance, once you have a Service account we have unlimited access to the information in such profile (with no possibility to change or delete it) as well to any data you input into the Service. In this relation we can block or erase any content you input into the Service.
5.1. Age restriction
You must be 21 or older to use the Service 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 Service. Any information published on or input in the Service under your Service name shall be considered as published or input by you personally and hence will be under your personal responsibility. You will be personally liable for all and claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content or System use as well as you agree to indemnify and hold us harmless from any and all claims, complaints and suits arising from or related to your content or System use and for that reason you agree to act as a proper defendant against all and any such claims, complaints and suits.
5.2. Fantasy Cards
The Service functionality includes a proper quantity of so-called Fantasy Cards which are the cards (with text or image on them, or both combined) designed to illustrate different fantasies. These Fantasy Cards, their content and all rights thereto including intellectual property rights belong to us or legally used by us on the basis of valid Agreements. All rights reserved.
Fantasy Cards may irrespective of any conditions be exercised in the form of customary designed patterns or specially drafted in a unique style or technical approach. In any situation you have the equal possibility to receive either type of the Fantasy Cards unless you have all the card of appropriate type in your Collection.
While in the Service you will be shown a proper quantity of Fantasy Cards for you to “like” or “dislike” each Fantasy card individually. There is no technical possibility of neutral attitude to proper Fantasy Card in the Service. After you “like” or “dislike” the card – it will be added to your Service account. Other Service users with whom you do not have a Room can only see the number of your liked Fantasy Cards through your profile with no indication to the Collection this card belongs to. There is a possibility that we will be obliged to remove certain Fantasy card from the Service and in case appropriate Fantasy Card will be removed from your Collection as well with no replacement or remuneration. The quantity of Fantasy cards you can be shown per day is limited; after the limit is reached certain timer launches to show you the countdown to the moment when the next Fantasy Cards can be shown to you.
5.3. Fantasy Collections
All Fantasy Cards in the app are organized by Collections.
By default, all users have the Starter Collection. When you swipe cards in the Fantasies section or in Rooms, Fantasies will be saved to the Starter Collection on your Profile.
Curated Collections consists of a select, hand-curated amount of cards centered around a single theme. When you purchase a Curated Collection, it saves to your profile, where you will be able to see it and swipe through all of the Collections that you’ve purchased in both the Fantasies and the Rooms sections.
For Service users to chat with each other privately or discuss their attitude to Fantasy Cards such users create a so-called Room (to create a Room one Service user sends a like, message or other activity to other Service user and other Service user accepts the invite or message back, or (ii) one Service user sends an invite with certain link to the Room, and other accepts it or message back). At least two Service users may participate in one Room and only Fantasy Cards they previously liked in the Service will be shown for Room participants only.
Room participants may swipe Fantasy Cards in Rooms. This in-Services game-functionality allows you and other Service users in one room with you to swipe “liked” or “disliked” of each Fantasy Cards. On the basis of the concurrence of “likes” or “dislikes” of Service users the Service will show mutual Fantasy Cards which was liked by all Room participants.
5.5. Public and Private profiles
Please note that public profile will be available publicly for all registered Service users.
In addition, you may share private content with Service users, where you have given permission for the sharing of private content and such Service users accept your sharing. Please note, that we cannot prevent a Service user from taking a copy of any message you send or share using the Service and we urge you to take necessary precautions. If a user chooses to delete a Room (with all its content) through the Service, then the conversation will be deleted for both Service users so any messages which you have in a Room may be deleted without your consent.
5.6. User generated content in the Service
You may not publish any pornography, child images or pornography and other nude content, illegal, offensive, inaccurate, misleading, defamatory or fraudulent, content or any other content which breaches these Terms or applicable law. 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 Service, we reserve the right at our discretion and without notice to take such action in relation to such content as we deem necessary including removing the content from the Service and terminating your status as a Service user.
You agree not to upload any files or post, publish, promote, urge any content on or through the Service that contains viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's device, neither other external links, neither third party links.
5.7. User generated content for Fantasy Cards
We are constantly working on increasing of Fantasy Cards quantity, quality, and variety. We are welcoming if you share your Fantasy Cards ideas or other Service content creation or modification with us by completing this special online form.
From the moment you share an idea, you give us a free irrevocable sub-licensable right, not limited in time and territory to use, allow or prevent any third party from using your idea for any content or intellectual property object, including but not limited to Fantasy Cards, creation or its modification. We also may amend or modify your idea in any manner with no obligation to indicate you as the author of the idea. However, we neither ask you for any personal data neither try to identify you while you are sharing such content. From the other side, it is our sole decision whether to use your shared ideas for any Fantasy Cards or other Service content and we are free in such decision making.
You agree that you will not:
- solicit log-in/registration information or access a Service account belonging to someone else;
- bully, intimidate, or harass any Service users;
- do anything illegal, unlawful, misleading, malicious, or discriminatory using the Service;
- do anything to suggest, express or imply that statements made by you are endorsed or shared by us;
- impersonate any other person whether or not that other person is a user of the Service – unless such other person previously impersonates himself/herself.
You agree you did not commit a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any state, federal or local sex offender registry of any other jurisdiction.
Again, for the purpose of clarification, we reserve the right at our discretion to remove any content from the Service, terminate your status as a Service user and restrict your access to the Service at any time for any reason. In the event that you are informed that you will no longer be entitled to access the Service, you will not be entitled to register again in the Service and you will no longer have permission to use the Service.
The Service is free to use because we want to make it accessible for everyone to practice mindful intimacy – only in-Service registration is needed to become a Service user.
The Service, however, offers paid content in a form of Curated Collections and a Club Membership subscription with certain amount of special features included for the Service users. Such paid content or features is directly indicated as paid in the Service with the price for it. You pay for the content or feature you need through the standard payment procedure of the AppStore – we do not process your payment or your payment data.
The Service use is available with no paid content or paid features.
The Service is intended for the personal use of natural persons only. The Service users, including you, are not entitled to directly or indirectly advertise or promote any business or legal entity through the Service as well as use Service for any business purpose or for the goal of earning money.
You are not entitled to resell or commercially exploit the contents of the Service other than the content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect any data from the Service, including but not limited to user names, email addresses or any other data for the purposes of sending unsolicited email or for any other purpose.
In the case that you are found by us to have been sending unsolicited/abusive messages to other users in contravention to these Terms or any legislation, we reserve the right to terminate without notice your use of the Service without limiting any other rights and remedies we may have.
You will be personally responsible for communications and relations with other Service users. If a dispute arises between Service users we reserve the right to adjudicate such dispute and take such action as we consider proper and necessary. In case of dispute, the disputing parties should (at their own decision) send us their view on the dispute and argumentation supporting their position – we shall decide whether to use such arguments and pieces of evidence while solving the dispute.
Please note that we are under no obligation to adjudicate any such dispute.
If you arrange to meet another Service user in person – you do it at your own risk and decision, also you must ensure that you take adequate safety precautions. We also advise that you consider very carefully whether and when it is appropriate to share personal contact information such as your address details to other Service users.
We are unable to take any steps to protect you if you decide to meet another Service user in person. 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.
IMPORTANT! Please note that we do not conduct criminal and registered sex offenders background screenings on Service users.
Please be advised that:
Anyone who is able to commit identity theft can also falsify a Service account. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. Never include any of your sensitive data or identifying information which is not included in your Service account in the messages to a person you don’t know. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it or urges you to act unlawfully.
If you choose to have a face-to-face meeting with another Service user, 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.
We will operate the Service with reasonable skill and care of an online service provider. Services provided do not extend to detailed monitoring or supervision of content, users background checks, membership or contacts and communications between users of the Service. From time to time it may be necessary to suspend access to the Service 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 as well as injury, insult or offense of any type 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 Service 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 Service is lost, corrupted or damaged as well as found offensive or inadmissible by any third person.
The Service may be used without detailed oversight or monitoring. While we put systems in place to allow for Service users and other third parties to report harassment, improper use of the Service 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 Service. If we are legitimately informed of any abuse or infringement of these terms in accordance with these Terms 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 Service users.
You are solely responsible for your interactions in the Service with other users and any other parties with whom you interact through the Service or in relation to it. We reserve the right, but have no obligation, to become involved in any way with these disputes. As a condition of using the Service, you release us (and our shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors etc.) 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 Service.
If you wish to cancel your status of Service user you may at any time delete your profile from the Service by using the in-Service technical possibilities (the route is Profile > Settings > Delete Account).
We will not refund any in-Service purchase in the event of termination irrespective of the reasons for such termination.
By providing content for distribution by our Service you expressly grant us a royalty-free, perpetual, irrevocable license to use such content in order to deliver the Service to you. The format and content of the Service 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 Service.
The Service, including but not limited to the form of the Service and its content, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not extract and/or re-utilize parts of the contents of the Service 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 Service without our express written consent.
You shall comply with all foreign and local laws and regulations which apply to your use of the Service in whatever country you are physically located.
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control. For any breaches of policies associated with 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 Service, scope of services provided or to the content at any time without notice.
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.
You may contact us, Fantasy App, Inc.:
- For any other questions related to the Service, please, write at [email protected];
- For any other cases, use regular mailing address: 1013 Centre Rd, Suite 403-B, Wilmington, DE, 19805, USA