April 30, 2015
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of FantaStory.com Services. By using the FantaStory.com Services and Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the FantaStory.com Website, including through a mobile device, or otherwise use the FantaStory.com Services without being registered) or you are a “Member” (which means that you have registered with FantaStory.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the FantaStory.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave FantaStory.com Website and discontinue use of FantaStory.com Services immediately. If you wish to become a Member, communicate with other Members and/or make use of any other Services, you agree to these terms and conditions.
This Agreement includes FantaStory.com policy for acceptable use of the FantaStory.com Services and Content (as defined in Section 6.1 below) posted on or through the FantaStory.com Services and your rights, obligations and restrictions regarding your use of the FantaStory.com Services and Content posted on or through the FantaStory.com Services. In order to participate in certain FantaStory.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from FantaStory.com. Unless otherwise provided by the additional terms and conditions applicable to the FantaStory.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
FantaStory.com may modify this Agreement from time to time and such modification shall be effective upon posting the modifications on FantaStory.com. You will have one month to communicate your disagreement with any revised versions of this agreement and if you have not contacted us before that date you agree to the new conditions for your published stories and uploaded content. Your continued use of FantaStory.com Services after FantaStory.com posts a revised Agreement also clearly signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through FantaStory.com Services and that you provide to other Users. Your FantaStory.com profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other FantaStory.com Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and FantaStory.com assumes no responsibility or liability for this material. If you become aware of misuse of FantaStory.com Services by any person, please click on the “Contact Us” link on the FantaStory.com Website pages or send us an email.
FantaStory.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of FantaStory.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. FantaStory.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of FantaStory.com Services if FantaStory.com determines that you have violated this Agreement or pose a threat to the site and/or its Users. This determination is at the sold discretion of FantaStory.com.
Eligibility. Use of FantaStory.com Services and registration to be a Member for FantaStory.com Services (“Membership”) is void where prohibited. By using the FantaStory.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; © you are 18 years of age or older; and (d) your use of FantaStory.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use FantaStory.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. FantaStory.com may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
Fees. You acknowledge that FantaStory.com reserves the right to charge for any portion of FantaStory.com Services and to change its fees (if any) from time to time in its discretion. If FantaStory.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify FantaStory.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Members. The FantaStory.com Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by FantaStory.com. FantaStory.com reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the FantaStory.com Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the FantaStory.com Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. FantaStory.com reserves the right to take appropriate legal action for any illegal or unauthorized use of the FantaStory.com Services.
Proprietary Rights in Content on FantaStory.com.
6.1 FantaStory.com owns the full rights to the texts, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the FantaStory.com Services. After posting your Content to the FantaStory.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. However, you also give FantaStory.com the lifetime, global, worldwide, non-retractable license and full rights to this content. You agree that we may edit, change, delete, modify, adapt, alter and claim ownership of this material in any way that we see fit. By displaying or publishing (“posting”) any Content on or through the FantaStory.com Services, you hereby grant to FantaStory.com a unlimited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on or through the FantaStory.com Services as well as any of our other websites and partners, including without limitation distributing part or all of the FantaStory.com Website in any media formats and through any media channels. Any Content you have marked as “private” will also be covered by the same license. We retain the full rights to the Content. All the Content you publish/post/share/upload on this site may be distributed outside the FantaStory.com Website. This full license grants FantaStory.com the right to sell, rent or otherwise distribute your Content outside of the FantaStory.com Services, including for promotional purposes. Once you submit the information, you cannot withdraw these rights. You can contact us and we will listen, but you agree that it is our decision whether or not we remove the content.
6.2 The license you grant to FantaStory.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to FantaStory.com), fully-paid and royalty-free (meaning that FantaStory.com is not required to pay you for the use on the FantaStory.com Services of the Content that you post.), sub licensable (so that FantaStory.com is able to use its affiliates, subcontractors, other websites and other partners such as Internet content delivery networks and wireless carriers to provide the FantaStory.com Services), and worldwide (because the Internet and the FantaStory.com Services are global in reach). You acknowlege that you give us the complete rights to your work. This means that we get complete copyright, trademark, patent, trade secret and other rights to the Content you posted/published/shared/uploaded.
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the FantaStory.com Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the FantaStory.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. It also does not break any laws. You agree to pay for all royalties, fees, and any other money owing any person or entity by reason of any Content posted by you on or through the FantaStory.com Services. You are responsible for the content that you post and FantaStory.com can not be held liable.
6.4 FantaStory.com Content is protected by copyright, trademark, patent, trade secret and other laws, and FantaStory.com owns and retains all rights in the FantaStory.com Content and the FantaStory.com Services. FantaStory.com hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the FantaStory.com Content (excluding any software code) solely for your personal use in connection with viewing the FantaStory.com Website and using the FantaStory.com Services. You may not redistribute or republish the content elsewhere.
6.5 The FantaStory.com Services contain Content of Users and other FantaStory.com licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the FantaStory.com Services.
6.6 FantaStory.com performs technical functions necessary to offer the FantaStory.com Services, including but not limited to trans coding and/or reformatting Content to allow its use throughout the FantaStory.com Services. As you have already given us the complete rights, we can alter your content as we see fit. This means we can change the media form and the way that your content is being distributed as well as edit/alter/adapt the content to fit our needs.
7.1 FantaStory.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of FantaStory.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. FantaStory.com assumes no responsibility for monitoring the FantaStory.com Services for inappropriate Content or conduct. If at any time FantaStory.com chooses, in its sole discretion, to monitor the FantaStory.com Services, FantaStory.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the FantaStory.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses’ or advocates harassment of another person;
8.3 exploits’ people in a sexual or violent manner;
8.4 contains’ nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits’ personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as but not limited to books, audio books, software, and all other forms. This also includes providing the actual content or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves’ the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits’ passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves’ commercial activities and/or sales without prior written consent from FantaStory.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes’ a photograph or video of another person that you have posted without that person’s consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the FantaStory.com Website and through your use of the FantaStory.com Services. FantaStory.com reserves the right to investigate and take appropriate legal action against anyone who, in FantaStory.com sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the FantaStory.com Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, FantaStory.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FantaStory.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the FantaStory.com Services, you acknowledge that you will have caused substantial harm to FantaStory.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay FantaStory.com $50 for each such unsolicited email or other unauthorized commercial communication you send through the FantaStory.com Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the FantaStory.com services or the services of any of our affiliates, partners, other websites or other linked resources/sites;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any FantaStory.com page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the FantaStory.com Services or the networks or services connected to the FantaStory.com Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for band, comedy, filmmaker and other profiles containing a FantaStory.com player, copying the code for your FantaStory.com Player and embedding it (or directing others to embed it) anywhere other than your profile on FantaStory.com;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the FantaStory.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the FantaStory.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose;
8.30 Finally, using the FantaStory.com Services in a manner inconsistent with any and all applicable laws and regulations.
If you believe your work has been copied and posted on or through the FantaStory.com Services in a way that constitutes copyright infringement, please contact FantaStory.comd directly with information about the claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FantaStory.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); © information reasonably sufficient to permit us to contact you, such as an address, telephone number, but at least an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or an unauthorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.
FantaStory.com can be contacted through our contact us link on the FantaStory.com Webpage or emailed directly.
Member Disputes. You are solely responsible for your interactions with other FantaStory.com Members. FantaStory.com reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
Privacy. Use of the FantaStory.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. FantaStory.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the FantaStory.com Services, whether caused by Users of the FantaStory.com Services or by any of the equipment or programming associated with or utilized in the FantaStory.com Services and such User Content does not necessarily reflect the opinions or policies of FantaStory.com. Profiles and third party applications created and posted by Members on the FantaStory.com Website may contain links to other websites. FantaStory.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by FantaStory.com. Inclusion of any linked website on the FantaStory.com Services does not imply approval or endorsement of the linked website by FantaStory.com. When you access these third party sites, you do so at your own risk. FantaStory.com takes no responsibility for third party advertisements or third party applications that are posted on or through the FantaStory.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. FantaStory.com is not responsible for the conduct, whether online or offline, of any User of the FantaStory.com Services. FantaStory.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. FantaStory.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FantaStory.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services.
Under no circumstances shall FantaStory.com be responsible for any loss or damage, including personal injury or death, resulting from use of the FantaStory.com Services, attendance at a FantaStory.com event, from any User Content posted on or through the FantaStory.com Services, or from the conduct of any Users of the FantaStory.com Services, whether online or offline. The FantaStory.com Services are provided “AS-IS” and as available and FantaStory.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FantaStory.com cannot guarantee and does not promise any specific results from use of the FantaStory.com Services.
Limitation on Liability. IN NO EVENT SHALL FANTASTORY.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FANTASTORY.COM SERVICES, EVEN IF FANTASTORY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANTASTORY.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANTASTORY.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the FantaStory.com Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the FantaStory.com Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of Sweden or where FantaStory.com sees fit, without regard to its conflict of law provisions. You agree that we may choose the exclusive jurisdiction where your issue will be handled. You first need to contact us and once we understand your claim, you give the owner of FantaStory.com the right to choose the proper country laws to be applied. You acknowledge that FantaStory.com has the right to make this decision. You and FantaStory.com agree to submit to the exclusive jurisdiction of the courts located where FantaStory.com selects to resolve any dispute arising out of the Agreement or the FantaStory.com Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY AS WELL AS TRIAL BY ANY OTHER MENAS. IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, YOU HERETO CERTIFIES THAT NONE OF YOUR REPRESENTATIVES, LAWYERS OR AGENTS HAVE REPRESENTED, EXPRESSLY OR OTHERWISE, THAT YOU WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. YOU ACKNOWLEDGE THAT THIS SECTION IS A PART OF THIS AGREEMENT AND THAT YOU ARE ENTERING INTO THIS AGREEMENT COMPLETELY INFORMED. YOU AGREE THAT YOU LOOSE THE RIGHT TO SEEK OUT ANY DAMAGES, COMPENSATION OR CLAIM OF ANY SORT AS PER THIS AGREEMENT.
Indemnity. You agree to indemnify and hold FantaStory.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the FantaStory.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the FantaStory.com Services. You agree to pay any fees or damages that are appointed by any court of law or mediation agent. You understand that you are liable for the content that you post and your activities and anything else that you do here on the site.
Other. This Agreement is accepted upon your use of the FantaStory.com Website or any of the FantaStory.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and FantaStory.com regarding the use of the FantaStory.com Services. The failure of FantaStory.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You agree that none of the clauses or sections in this agreement shall be found unlawful, void or unenforceable. You agree to this agreement in its entirety and disagree that any portion of this agreement should be removed or retracted. Even if a legal entity finds a certain portion of this agreement to be void, you agree to be held by that part of the agreement. You also give FantaStory.com the right to determine whether certain parts of this agreement should be removed in regards to your legal case. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at the Contact Us link on FantaStory.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.