Terms of ServiceUpdated a month ago
TERMS OF SERVICE
LAST UPDATED: JUNE 2023
These Terms of Service (“Terms”) is a legal agreement between you and Fantasium LLC, a Montana limited liability company, its affiliates, subsidiaries, and divisions as may change from time to time (collectively, the “Company” “we,” “us,” or “our”). These terms together with our Privacy Policy apply to the Company’s websites, mobile applications, and other digital and interactive services that link to these Terms (collectively, the “Services”).
You acknowledge and agree that, by accessing or using the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Services and should not continue doing so.
We may from time to time modify these Terms, within our sole discretion. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to or cannot comply with the modified Terms, then you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services in connection with the features to which they apply, and they are hereby incorporated by this reference into these Terms. For example, the Company’s Privacy Policy (which describes how we collect, use, and disclose your data and your consent to such collection, use, and disclosure) is incorporated by reference and is a part of these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular feature of the Services, the additional terms will control, but only to the extent of the conflict.
1. ELIGIBILITY AND SCOPE
1.1 Eligibility. To use the Services you must be, and represent and warrant that you are, of legal age and competence in the jurisdiction in which you are accessing the Services. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes that third party’s acceptance of these Terms. If you have been previously prohibited from accessing the Services by the Company, you are not permitted to access the Services.
1.2 Use Outside the United States of America. The Services are controlled and offered by the Company from the United States of America. The Company makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local law.
2. OUR PROPRIETARY RIGHTS
2.1 Intellectual Property Rights. The Services and all associated intellectual property rights are owned and operated by the Company and contain material which is derived in whole or in part from material supplied by the Company and its partners, as well as other sources, and is protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the Company and such others. You agree that you have and shall have no right over any of the proprietary rights in or associated with the Services save as set out in these Terms, and you shall protect such rights of the Company and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by the Company or its suppliers and licensors of content or otherwise (collectively “Suppliers”), to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify the Company immediately upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation, rights in and to all applications and registrations relating to the Services shall, as between you and the Company, at all times be and remain the sole and exclusive property of the Company.
2.2 Use of Marks. You may not use any of the Company’s trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with the Company’s consent, and you acknowledge that you have no ownership rights in or to any such items.
3. USER FEEDBACK
Any information provided to us by e-mail or other mediums, including without limitation, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential, and we assume no obligation to protect such information from disclosure. The submission of such information to us shall in no way prevent the Company’s manufacture or use of similar products, services, plans and ideas by us for any purpose whatsoever, and we shall be free to reproduce, use, disclose and distribute the information to others without restriction.
4. LICENSE AND PROHIBITED CONDUCT
4.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services that is consistent with these Terms.
4.2 Prohibited Uses. Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
· Use the Services for benchmarking or to compile information for a product or service;
· Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms or with the prior written consent of the Company;
· Scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any approved API;
· Do anything that could disable, overburden, or impair the proper working of the Services;
· Utilize or otherwise make available any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Services;
· Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
· Through misrepresentation or otherwise, solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
· Violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability;
· Frame, inline link, or similarly display the Services or any portion of the Services;
· Violate these Terms or any guidelines or policies posted by the Company;
· Facilitate violations of these Terms or the Privacy Policy; and/or
· Interfere with any other party’s use and enjoyment of the Services.
The Company reserves the right, in its sole and absolute discretion, to block access to the Services of any user.
5. LEGAL COMPLIANCE
You acknowledge, consent, and agree that the Company may access, preserve, and disclose any user information gathered, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by the Company’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; (4) to protect the rights, property, or personal safety of the Company, its agents and affiliates, its users, and the public; or (5) to address your requests.
6. TERMS OF SALE
The use of the Services may be subject to certain fees and charges as outlined in the pricing and payment terms provided on the Services or communicated separately. You agree to pay all applicable fees and charges associated with your use of the Services, including any transaction fees, subscription fees, or other charges, as described and agreed upon. All fees and charges are non-refundable unless otherwise specified. We reserve the right to modify the fees and charges for the Services from time to time, within our sole and absolute discretion. Payments for fees and charges may be processed through third-party payment processors. You agree to provide accurate and up-to-date payment information and authorize us to charge the applicable fees using the provided payment method. If there are any payment disputes or discrepancies, you agree to contact us immediately to resolve the issue or issues.
7. WARRANTIES AND DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
· YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO, HOWEVER THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, INTERRUPTION OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
· ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
· NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
· EXCEPT WHERE EXPRESSLY STATED OTHERWISE, THE CONTENT OF OUR SERVICES IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON OUR SERVICES.
· THE SERVICES DO NOT PROVIDE MEDICAL OR LEGAL ADVICE. CONSULT WITH YOUR DOCTOR REGARDING ALL ISSUES RELATING TO THE PREVENTION, DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION, AND WITH YOUR LEGAL COUNSEL REGARDING ANY LEGAL CONCERNS.
· THE COMPANY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS.
· THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON SERVICES, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. THE COMPANY DOES NOT VET OR VERIFY USERS THAT IDENTIFY THEMSELVES AS EXPERTS ON PARTICULAR TOPICS THROUGH THE SERVICES, AND YOU AGREE NOT TO HOLD THE COMPANY RESPONSIBLE FOR RELIANCE ON SUCH EXPERTS IF YOU DO NOT ACHIEVE THE RESULTS YOU EXPECT IN RELYING ON SUCH EXPERTS.
· PACKAGING, LABELS, AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE.
· THE COMPANY MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING) (COLLECTIVELY THE “COMPANY” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SERVICES OR PRODUCTS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THE COMPANY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOODWILL.
THE COMPANYHAS NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE, AND THE COMPANY 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. THE COMPANY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
ALL DATA, INFORMATION, TEXT, GRAPHICS, LINKS, AND SUCH OTHER RELATED MATERIALS ARE PROVIDED AS A CONVENIENCE TO OUR USERS AND ARE INTENDED TO BE USED FOR INFORMATIONAL, EDUCATIONAL, AND RESEARCH PURPOSES ONLY. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT OF THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS. ALL USERS SHOULD EXERCISE THEIR OWN INDEPENDENT JUDGMENT WHEN USING THE SERVICES.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
9. INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE COMPANY AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS OR THE COMPANY PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
10. ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on or through the Services.
11. THIRD-PARTY LINKS AND SERVICES
The Services may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Please note that some of these links may be affiliate marketing links encoded by third party partners. This means that we may earn a commission when you click on or make purchases via affiliate links, and affiliate partners may use cookies to understand your use of the Services. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
12. MODIFICATION AND TERMINATION
12.1 Modification of Services. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
12.2 Termination. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to: (a) breaches or violations of these Terms or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity (f) activities related to protecting the rights, property or safety of the Company, its agents and affiliates, its users and the public, or (g) if you provide any information, including registration information, that is false, inaccurate, out-of-date, or incomplete. If we terminate for no reason your right to access the Services, we will fulfill our obligations to you related to any order outstanding at the time of termination. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions, rights, remedies, obligations or liabilities accrued up to the date of termination set out in these Terms will still apply post termination.
13. GENERAL TERMS
14.1 Force Majeure. Under no circumstances shall the Company or Suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
14.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of the Company to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
14.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
14.4 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and the Company and govern your use of the Services and supersede any prior agreements between you and the Company on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you without the Company’s written consent. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of the Company.
14.5 Notices. We may deliver notice to you by e-mail, posting a notice on the Services or any other method we may choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must contact us at [email protected].
14.6 Governing Law. These Terms will be interpreted in accordance with the laws of the State of Montana, without regard to its conflict-of-law provisions.
15. QUESTIONS
If you have any questions about these Terms, please contact us at [email protected].