TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to Fantasy For Reality (“F4R”). By accessing and using the F4R Services (defined below), you accept and agree to be bound by the following terms of service (“TOS”), which may be updated by F4R from time to time without notice to you. At any time, you can review the most current version of the TOS at: http://www.fantasy4reality.com/legal-terms-and-conditions. Any features added to the F4R Services, including the release of new tools or features, shall be subject to the TOS. Continued use of the F4R Services after any such changes shall constitute your consent to such changes. In addition, when using any of the F4R Services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF F4R SERVICES
F4R may provide users with access to a collection of resources, including without limitation various communications tools, forums, search services, and personalized content which may be accessed through any various medium or device now known or hereafter developed (the “F4R Services”). You also understand and agree that the F4R Services may include advertisements and that these advertisements may be necessary for F4R to provide the F4R Services. You also understand and agree that the F4R Services may include certain communications from F4R, such as emails, service announcements, administrative messages and F4R articles, commentary, and written content and that these communications are considered part of F4R membership, and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current F4R Services, shall be subject to the TOS. You understand and agree that the F4R Services is provided “AS-IS” and that F4R assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the F4R Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment and software necessary to access the F4R Services.
You understand that the technical processing and transmission of the F4R Services, including your Content, may involve (a) transmissions over various public networks and in various media; and (b) changes to conform and adapt to technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit F4R to take these actions. You also acknowledge and agree that while F4R may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the F4R Services or on the amount of storage space used for the provision of any F4R Service, such fixed upper limits may be set by F4R at any time, at F4R’s discretion.
The F4R Services which you use may automatically download and install updates from time to time by F4R. These updates are designed to improve, enhance and further develop the F4R Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit F4R to deliver these to you) as part of your use of the F4R Services.
3. YOUR REGISTRATION OBLIGATIONS
F4R is concerned about the safety and privacy of all its users, particularly children. For this reason, in consideration of your use of the F4R Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the F4R Services under the laws of the United States or other applicable jurisdiction in which you are a resident or in which you use the F4R Services. If a user is under the legal age to form a binding contract in the applicable jurisdiction, F4R requires the consent of the user’s legal guardian in order to use the F4R Services. It is the responsibility of the legal guardian to determine whether any of the F4R Services are appropriate for your child.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the F4R Services’ registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or F4R has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, F4R has the right to suspend or terminate your account and refuse any and all current or future use of the F4R Services (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the F4R Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify F4R of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. F4R cannot and will not be liable for any loss or damage arising from your failure to comply with this provision or any other provision in the TOS.
6. F4R FRIENDS
Upon application and at F4R’s sole discretion, certain members may become "F4R Friends." F4R Friends may contribute to the F4R content and have enhanced website access, including but not limited to, supplying fantasy league scoring system rules, game and show descriptions, game and show contestant biographical information and other audio-visual mediums.
7. SCORING RULES
You agree to play by the scoring rules as posted and modified from time to time on the F4R website. You understand that all scoring decisions (i.e. whether television show contestants have earned points for a given scoring rule) are entirely in the sole and final discretion of F4R.
8. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not F4R, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the F4R Services. F4R does not control the Content posted via the F4R Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the F4R Services, you may be exposed to Content that is offensive, indecent or objectionable, and that, in this respect, you use the F4R Services at your own risk. Under no circumstances will F4R be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the F4R Services.
You agree to not use the F4R Services to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an F4R official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the F4R Services;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure, secrecy, confidentiality, or wok for hire agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, domain name, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.” Please read our Spam Policy.
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the F4R Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the F4R Services or servers or networks connected to the F4R Services, or disobey any requirements, procedures, policies or regulations of networks connected to the F4R Services, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations of any government agency having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to or from any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. “stalk” or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that F4R may or may not pre-screen Content, but that F4R and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, flag, filter, refuse, modify or remove any Content that is available via the F4R Services. Without limiting the foregoing, F4R and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by F4R or submitted to F4R, including without limitation information in F4R Message Boards and in all other parts of the F4R Services.
You acknowledge, consent and agree that F4R may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of F4R, its users and the public.
You understand that the F4R Services and software embodied within the F4R Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by F4R and/or content providers who provide content to the F4R Services. You may not attempt to override or circumvent any of the usage rules embedded into the F4R Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the F4R Services, in whole or in part, is strictly prohibited and can be cause for termination of your use of the F4R Services.
9. INTERSTATE NATURE OF COMMUNICATIONS ON F4R NETWORK
When you register with F4R, you acknowledge that in using the F4R Services to send electronic communications (including but not limited to posting messages or other content on a message or comment board, including photos, videos or other files), you will be causing communications to be sent through F4R’s computer networks, portions of which may be located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of F4R’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate or international communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules, laws and government regulations regarding online conduct and acceptable Content. Use of the F4R Services and transfer, posting and uploading of software, technology, and other technical data via the F4R Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the F4R Services to parties identified on such lists; (b) agree not to use the F4R Services to communicate or display information about the military, nuclear, missile, chemical, electromagnetic or biological weaponry in violation of national security or U.S. export laws; (c) agree not to transfer, upload, or post via the F4R Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE F4R SERVICES
F4R does not claim ownership of Content you submit or make available for inclusion on the F4R Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the F4R Services, you grant F4R the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to photos, graphics, audio, video or other content you submit or make available for inclusion on the F4R Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the F4R Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the F4R Services and will terminate at the time you remove or F4R removes such Content from the F4R Services, but continues to all communications of your content received or sent from other F4R Services’ users.
b. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the F4R Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
12. CONTRIBUTIONS TO F4R
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to F4R, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) F4R is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) F4R shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) F4R may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of F4R without any obligation of F4R to you; and (f) you are not entitled to any compensation or reimbursement of any kind from F4R under any circumstances.
You agree to indemnify and hold F4R and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the F4R Services, your use of the F4R Services, your connection to the F4R Services, your violation of the TOS, or your violation of any law or rights of another.
14. NO COMMERCIAL REUSE OF THE F4R SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or monetary purposes, any portion or use of, or access to, the F4R Services (including Content, advertisements, Software and your F4R ID), unless you have been specifically permitted to do so in a separate agreement with F4R.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that F4R may establish general practices and limits concerning use of the F4R Services, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the F4R Services, the maximum number of message board postings that may be uploaded by an account on the F4R Services, the maximum size of any message board posting that may be uploaded by an account on the F4R Services, the maximum disk space that will be allotted on F4R’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the F4R Services in a given period of time. You agree that F4R has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the F4R Services. You acknowledge that F4R reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that F4R reserves the right to modify these general practices and limits from time to time.
16. MODIFICATIONS TO F4R SERVICES
F4R reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the F4R Services (or any part thereof) with or without notice. You agree that F4R shall not be liable to you or to any third party for any modification, suspension, cancellation, termination or discontinuance of the F4R Services (or any part thereof). Prices for F4R Services, if any, including but not limited to fees to create or join a private league of the F4R Services, are subject to change upon 30 days notice from F4R. Such notice may be provided at any time by posting the changes to the F4R website (http://www.fantasy4reality.com) or the F4R Services themselves. Price changes will not affect leagues already joined or created at the previous price. F4R shall not be liable to you or any third party for any cancellation, termination, modification, price change, suspension or discontinuance of the F4R Services.
You may terminate or cancel your F4R account, any associated email address and access to the F4R Services by submitting such termination request to F4R. If you cancel your account after your league has begun, your cancellation will take place immediately and any payment made to F4R for F4R Services will not be refunded.
You agree that F4R may, without prior notice, immediately terminate, limit your access to or suspend your F4R account, any associated email address, and access to the F4R Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the F4R Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you to F4R in connection with the F4R Services. Further, you agree that all terminations, cancellations, limitations of access and suspensions for cause shall be made in F4R’s sole discretion and that F4R shall not be liable to you or any third party for any termination or cancellation of your account, any associated email address, or access to the F4R Services.
Termination or cancellation of your F4R account includes any or all of the following: (a) removal of access to all or part of the offerings within the F4R Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the F4R Services.
18. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the F4R 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 F4R shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, your reliance on the advertisement, or as the result of the presence of such advertisers on the F4R Services.
The F4R Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that F4R is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, promotions, publicity, products or other materials on or available from such sites or resources. You further acknowledge and agree that F4R 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 such Content, goods or services available on or through the F4R Services any such site or resource.
20. F4R'S PROPRIETARY RIGHTS
You acknowledge and agree that 4R owns all legal right, title, and interest in and to the F4R Services, including any intellectual property rights which subsist in the F4R Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the F4R Services and any necessary software used in connection with the F4R Services (“Software”) may contain proprietary and confidential information that is protected by applicable intellectual property and other laws and that you shall not disclose such information without F4R’s prior written consent. You further acknowledge and agree that Content contained in advertisements or information presented to you through the F4R Services or by advertisers is protected by copyrights, trademarks, trade names, service marks, logos, domain names, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized in writing by F4R or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, e-mail, broadcast, publicly perform or create derivative works based on the F4R Services, such Content or the Software, in whole or in part. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the F4R Services. Unless you are expressly authorized to do so in writing by F4R, you agree that in using the F4R Services, you will not use any copyrights, trademarks, trade names, service marks, logos and/or other proprietary right of any company or organization in a way that is likely to cause confusion about the owner or authorized user of such marks, names or logos.
F4R grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer for the purpose of enabling you to use and enjoy the benefit of the F4R Services as provided by F4R, in the manner permitted by the TOS; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, decompile, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the F4R Services. You agree not to access the F4R Services by any means other than through the interface that is provided by F4R for use in accessing the F4R Services, unless you have been specifically allowed to do so in a separate agreement with F4R. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the F4R Services. Unless F4R has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or you’re your rights to use the Software, or transfer any part of your rights to use the Software.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE F4R SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE F4R SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. F4R AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. F4R AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE F4R SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE F4R SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE F4R SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE F4R SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (vi) THE F4R SERVICES WILL MEET ANY EXPECTED LEVELS OR FREQUENCY OF SCORING.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE F4R SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, TELECOMMUNICATONS DEVICE, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR TRANSMISSION OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM F4R OR THROUGH OR FROM THE F4R SERVICES OR SOFTWARE SHALL CREATE ANY OBLIGATION, REPRESENTTION OR WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE F4R SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE F4R SERVICES. IMMEDIATELY DISCONTINUE USE OF THE F4R SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE F4R SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
f. F4R INCORPORATES INFORMATION AND CONTENT ABOUT TELEVISION SHOWS ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, UPLOADED DOCUMENTS, EMBEDDED OBJECTS AND EXTERNAL LINKS (HYPERLINKS) TO WEBSITES THAT ARE COMPLETELY INDEPENDENT OF THIS WEBSITE. THE CONTENT PUBLISHED MAY INCLUDE RUMORS, SPECULATION, ASSUMPTIONS, OPINIONS, AND FACTS. F4R DOES ITS BEST IN CHOOSING THE INFORMATION, CONTENT, DOCUMENTS, FILES, AND LINKS TO INCLUDE ON THE WEBSITE, BUT IT DOES NOT GUARANTEE THE ACCURACY, AUTHENTICITY, RELIABILITY, OR COMPLETENESS OF ANY OF THE MATERIAL PRESENTED. F4R DOES NOT ENDORSE THE CONTENT OR THE LINKS INCLUDED ON THE WEBSITE. F4R DOES NOT MONITOR UPLOADED OR EMBEDDED CONTENT ON THE WEBSITE OR THE CONTENT OF THE LINKED WEBSITES. UNDER NO CIRCUMSTANCES WILL F4R BE LIABLE IN ANY WAY FOR ANY CONTENT INCORPORATED ON THE WEBSITE, INCLDUING, BUT NOT LIMITD TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT DISPLAYED ON THE WEBSITE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRASNMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
g. THE VIEWS EXPRESSED IN THE POSTS AND COMMENTS OF THIS WEBSITE DO NOT REFLECT THOSE OF F4R, AND F4R DOES NOT HAVE ANY OBLIGATION TO MONITOR, EDIT, OR REVIEW ANY POSTINGS ON THE WEBSITE. F4R ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF ANY SUCH POSTINGS NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PRONOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED IN ANY INFORMATION WITHIN SUCH POSTINGS ON THE SITE.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT F4R AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGE TO HARDWARE OR SOFTWARE OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF F4R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE F4R SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE F4R SERVICES; (e) TERMINATION OR CANCELLATION OF YOUR ACCOUNT; (f) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (g) ANY CHANGES WHICH F4R MAY MAKE TO THE F4R SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE F4R SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (h) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (i) YOUR FAILURE TO PROVIDE F4R WITH ACCURATE ACCOUNT INFORMATION; (j) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; AND (k) ANY OTHER MATTER RELATING TO THE F4R SERVICES.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IF YOU RESIDE IN THOSE JURISDICTIONS.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
F4R may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, postings on the F4R Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the F4R Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the F4R Services in an authorized manner. Notices shall be deemed received by you when sent by F4R.
26. TRADEMARK INFORMATION
You agree that all of F4R’s trademarks, trade names, service marks, domain names and F4R logos and brand features, and product and service names are the property of F4R (the “F4R Marks”). Without F4R’s prior permission, you agree not to display or use in any manner the F4R Marks.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
F4R respects the intellectual property of others, and we ask our users to do the same. It is F4R’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act). F4R may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide F4R’s Copyright Agent with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, intellectual property owner, their managers, employees, agents, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
F4R’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Fantasy for Reality, LLC
2200 North Lakewood Avenue
Chicago, IL 60614
By email: support@Fantasy4Reality.com
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
28. NOTICE AND PROCEDURE FOR MAKING A DMCA COUNTER-NOTIFICATION
To file a counter-notification with us, pursuant to 17 U.S.C. 512(g)(3), please provide F4R's Copyright Agent with the following information:
a. an electronic or physical signature of the user;
b. identification of the material that has been removed or to which F4R has disabled access;
c. a description of where the material was located on the site prior to is removal or disabled access;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the material that was removed or disabled was removed or disabled as a result of a mistake or misidentifcation;
f. a statement that the user consents to the jurisdiction of the Federal District Court for the district in which the user's address is located and that the user will accept service of process from the person who submitted the takedown notice or an agent of such person.
After F4R receives a counter-notification, it will forward it to the party who submitted the original claim of copyright infringement. Please note that when F4R forwards the counter-notification, it includes the user's personal information. By submitting a counter-notification, the user consents to having his or her information revealed in this way. F4R will not forward the counter-notification to any party other than the original claimant.
After F4R sends out the counter-notification, the claimant must then notify F4R within 10 business days that he or she has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on F4R's website. If F4R receives such notification it will be unable to restore the material until the lawsuit has been resolved. If F4R does not receive such notification, it may reinstate the material.
Please understand that filing a counter-notification may lead to legal proceedings between the user and the complaining party to determine ownership. Be aware that there may be adverse legal consequences if a user makes a false or bad faith allegation by using this process.
29. LANGUAGE OF THE TERMS
Where F4R has provided you with a translation of the English language version of the TOS, then you agree that the translation is provided for your convenience only and that the English language versions of the TOS will govern your relationship with F4R. If there is any contradiction between what the English language version of the TOS says and what a translation says, then the English language version shall take precedence.
30. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and F4R and governs your use of the F4R Services, superseding any prior version of this TOS between you and F4R with respect to the F4R Services. No modification or verbal understanding concerning the TOS shall be valid and enforceable without the written approval of F4R.
Use of Other Services. Sometimes when you use the F4R Services, you may (as a result of, or through the use of the F4R Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the person or company concerned. If so, the TOS does not affect your legal relationship with these other individuals or companies.
Choice of Law and Forum. You and F4R each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and F4R, shall be brought exclusively in the courts located in the county of Cook, Illinois or the Northern District of Illinois, United States of America. You and F4R agree to submit to the personal jurisdiction of the courts located within the county of Cook, Illinois or the Northern District of Illinois, United States of America, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. You agree that any injunction, restraining order, damage or decision of a court in the county of Cook, Illinois or the Northern District of Illinois, United States of America, or in an appellate court thereof, on behalf of F4R and against you can be enforced in any state, country, or jurisdiction in which you reside, are located, or are doing business.
Waiver and Severability of Terms. The failure of F4R to exercise or enforce any right, remedy, breach or provision of the TOS shall not constitute a waiver of such or any further right, remedy, breach or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your F4R account is non-transferable and any rights to your F4R ID or Contents within your account terminate upon your death. Upon receipt of a copy of a death certificate or notification of death or incapacity, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the F4R Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to support@Fantasy4Reality.com
How F4R Uses Your Personal Information
This policy covers how F4R treats the personal information collected and received by F4R, including information related to your past use of F4R products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
This policy does not apply to the practices of companies that F4R does not own or control, or to people that F4R does not employ or manage.
INFORMATION COLLECTION AND USE
F4R collects personal information when you register with F4R, when you use F4R’s products or services, when you visit F4R’s website. F4R may combine information about you that we have with information we obtain from business partners or other third parties in order to provide you with a better experience and to improve the quality of our services.
When you register we may ask for information such as your name, email address, billing address and/or credit card information. When you register with F4R and sign in to our services, you are not anonymous to us.
F4R may automatically receive and record information from your computer and browser, including your IP address, F4R cookie information, software and hardware attributes, and the page you request.
F4R may use the collected information for the following general purposes: to identify and authenticate its registered users, bill, customize the advertising and content seen by users fulfill users’ requests for services, provide, maintain, protect and improve its services Including advertising services), develop new services, protect the rights or property of F4Ror its users, contact users, conduct research, and provide anonymous reporting for internal and external clients.
INFORMATION SHARING AND DISCLOSURE
F4R does not rent, sell, or share personal information about you with other people or companies except to provide products or services you’ve requested, when we have your permission (or if the user is under the legal age to form a binding contract, the permission of the user’s legal guardian), or under the following circumstances:
• We provide the information to trusted partners who work on behalf of or with F4R under confidentiality agreements. These companies may use your personal information to help F4R communicate with you about offers from F4R and our marketing partners. However, these companies do not have any independent right to share this information.
• We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
• We believe it is necessary to share information in order to satisfy any applicable law, regulation, legal process, or enforceable governmental request, or to investigate, prevent, or take action regarding illegal activities, suspected fraud, security, or technical issues, situations involving potential threats to the rights, property, or safety of F4R, its users, or the public, violations of F4R’s Terms of Service, F4R’s Universal Spam Policy, or as otherwise required by law.
F4R may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area. By interacting with or viewing an ad, however, you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
F4R works with vendors, partners, advertisers, and other service providers in different industries and categories of business.
F4R restricts access to personal information to F4R employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
F4R may let other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to F4R’s cookies.
F4R may use web beacon to access F4R cookies inside and outside our network of web sites and in connection with F4R products and services.
When you access F4R services via a browser, application, or other client our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
THIRD PARTY APPLICATION
YOUR ABILITY TO EDIT AND DELETE YOUR ACCOUNT INFORMATION AND PREFERENCES
You can edit your F4R account information at any time. When you use F4R services, we make good faith efforts to provide you with access to your personal information and either correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. F4R asks individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and F4R may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
F4R reserves the right to send you certain communications relating to the F4R service, such as service announcements, administrative messages, invitations, promotions and other written content that are considered part of your F4R account, without offering you the opportunity to opt out of receiving them.
F4R may update this policy. F4R will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your F4R account or by placing a prominent notice on our site.