THESE TERMS MAY BE MODIFIED BY FANTASTIGAMES AT ITS SOLE DISCRETION AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THIS SITE. SUCH MODIFICATIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING SUCH TO THE SITE. CONTINUED USE OF THE SITE OR SOFTWARE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO, YOU SHOULD VISIT THIS PAGE PERIODICALLY. THESE TERMS WERE LAST MODIFIED ON MAY 31, 2012. SHOULD YOU HAVE ANY QUESTONS PLEASE CONTACT US AT INFO@FANTASTIGAMES.COM.
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
- CONTENT OWNERSHIP AND PROPRIETARY RIGHTS
The Site and its contents, including the Software ("Content") are protected by copyright and other intellectual property laws and may not be copied or imitated in whole or in part, unless as explicitly stated under these Terms. All trademarks, service marks, trade dress and other intellectual property rights, including but not limited to copyrights, neighboring rights, moral rights and mask works, and all derivative works thereof associated with the Site and the Content are the sole property of FastastiGames and its affiliates and partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Site. FantastiGames does not convey, through allowing access to the Site or use of the Service, any ownership rights in the Site or in any Content. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of the Site or the Content.
- THE SERVICE
The Service is an on-demand application service, which allows You, subject to the Terms, by installing and using the Software, to use third party software applications (each an "Application"), such as video games, offered by certain third party service providers (e.g., Excent Technologies, Ltd. “”Extent”)), affiliates or partners (each a "Service Provider"), in real-time, on-demand, manner. The right to use an Application is a limited, non-exclusive, non-transferable, personal right and is granted subject to all of the limitations and restrictions set forth in these Terms and the terms of the Service Providers. You acknowledge that the Applications, the use thereof and the Service are provided to You "as is" and "as available" and neither FantastiGames nor any Service Provider is or shall be responsible to You and/or to any third party for the content and/or performance of the Service and/or any Application therein. It is Your responsibility to comply with all terms and conditions, restrictions and disclaimers relating to the Applications You choose to access using the Software, as well as with any other legal obligation, including without limitation obligations under copyright, secrecy, defamation, decency, privacy, security and export laws. In no event shall FantastiGames the Service Provider be liable to You or to any third party for any damage arising from and/or occasioned by the use of an Application or the Service and/or the exposure to any advertisement and/or promotional materials. Your use of the Software, Applications and Service is at Your own risk. The Software which You use hereunder may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and new versions.
- YOUR ACCESS
No charge is made for the general use of the Site and the version of our basic Software which is and “ad-supported” model. However, You should be aware that charges for Internet use may apply at rates that are determined by Your Internet provider. You are also responsible for obtaining and maintaining the equipment and services necessary to access and use the Software, Site and Service. FantastiGames may also make a higher level premium “ad-free” software/service available to You for a subscription fee (“Premium Software”) as may be described on the Site. Free Software and Premium Software may also be referred to herein as “Software”.
- RULES OF CONDUCT
In connection with Your use of the Site and Service, You agree that You shall not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input the Site with any information which contains software viruses, Trojan horses, worms, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; (iv) harm minors in any way; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) intentionally or unintentionally violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies in force from time to time; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site; (viii) transmit, access or communicate any content that You do not have a right to transmit 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 non-disclosure agreements); (ix) monitor traffic on the Site, obtain or accumulate personal information about individual users or collect or store personal data about other users; (x) modify, delete or damage any information contained on the personal computer of any other Site user; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Site in any manner that in FantastiGames’ judgment, adversely affects the performance or function of the Site or interferes with the ability of other members or authorized parties to access the Site; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that You undertake to use the Service only for purposes that are in strict compliance with (a) the Terms and the License, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws governing the export of data or software to and from the United States, Your country of residence or other relevant countries) and You shall take no actions which would cause Fantastigames to be in violation of any law, ruling or regulation applicable to it.
You agree that any information (including any personal data), opinions, reviews, forum entries, questions or other material that You post, transmit or otherwise make available through Your use of the Site or the Service, to FantastiGames, its affiliates or partners: (i) shall not be fraudulent or intentionally misleading or inaccurate; (ii) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance or regulation; (iv) shall not be intentionally malicious or derogatory toward any Company; (v) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any Users.
- SOFTWARE LIMITED LICENSE
The Software that will enable You to use the Service may have been downloaded from the Site or another authorized website. If You have downloaded the Software, You acknowledge that no payment was made by You for the Software, regardless of the method of delivery, and if payments were made, they were made for other equipment, products or services and not for the Software. To ensure the proper functionality and security of the Service always make sure You are using a current and authorized copy of the Software. FantastiGames may, at its sole discretion, limit, deny, or create different level of use for different users, or cancel some or all of the functionality of the Software or the Service at any time, without prior notice.
You are licensed to download and install the Software on any device that is in Your possession (“License”). This License gives You a personal, worldwide, non-exclusive, and non-assignable license to use the Software for the sole purpose of enabling You to use the Service in the manner permitted by the Terms or any additional terms or conditions FantastiGames or a Service Provider may provide to You. If You download the Software this License shall be incorporated into and made part of these Terms.
You may not (and You may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by FantastiGames, in writing. You may not assign (or grant a sub-license of) Your rights to use the Software, grant a security interest in or over Your rights to use the Software, or otherwise transfer any part of Your rights to use the Software, except as expressly set forth herein.
Using the Software and/or Service does not grant You with rights to any patents, copyrights, trade secrets, trademarks, source code or interest in the Software or Service. The Software may be automatically updated when a new version is available.
Elements of the Software may not be used separately from the Software or the Service unless expressly authorized in writing by FantastiGames. You may not try to derive source code unless authorized. By downloading the Software and using the Service You agree to comply with any local laws and restrictions regulating the use of the Software.
You cannot license, sell, provide or distribute the Software for any prohibited use or to any prohibited end user. The Software is a commercial item and is protected by U.S. copyright law and international treaty. Unauthorized distribution will be subject to criminal penalties.
This License remains in force for the whole legal duration of the Software license we receive from our affiliates, partners and/or Service Providers. The License shall, however, be immediately terminated if You do not comply with each and every term of the Terms.
To be clear, FantastiGames, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Software, except for any rights expressly granted in these Terms. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Software. This License does not grant You any right to use the trademarks, service marks or logos of FantastiGames or its Service Providers or any other licensors. You acknowledge and agree that the Service and the Software, including without limitation the Software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of FantastiGames, its Service Providers and other licensors and is considered FantastiGames’ confidential information. The Software is licensed and not sold to You. As between You and FantastiGames the Software and all intellectual property rights therein are the exclusive property of FantastiGames, and all rights in and to the Software not expressly granted to You in this Agreement are reserved.
- INSTALLATION OF THE SOFTWARE
During the installation process of the Software, one icon shall be placed at Your desktop which you can use to launch the Software. The desktop icon can be easily removed from the desktop at any time by selecting it and pressing the ‘Delete’ button on Your keyboard.
During the installation process FantastiGames will ask you to approve FantastiGames search service as Your default search service and to install the FantastiGames Toolbar in your existing browsers. You can choose not to accept this option by unchecking the proper settings in the installation process. The installation process will continue only after approving this End User License.
FantastiGames may change from time to time, without notice to you: (1) the content, design or layout of the FantastiGames Toolbar; and/or (2) the search service provider to another search service provider.
You may uninstall the Software anytime by using "Add or Remove Programs" dialog under your Control Panel. FantastiGames uninstall process will not change your default search provider and the installation of the FantastiGames Toolbar. You may remove the FantastiGames search provider and FantastiGames Toolbar on Internet Explorer, Firefox and Chrome in any time by using the browser's settings.
- PRIVACY STATEMENT
FantastiGames is very sensitive to your privacy. Please see our Privacy Notice for information and disclosures relating to the collection and use of your personal information and other data in connection with your use of the Site and Service.
- PROPER USE
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) prevent others from using the Service; (ii) use the Service for any fraudulent or inappropriate purpose; or (iii) act in any way that violates the Service policies, as may be revised from time to time.
FantastiGames uses the services of third party companies to help it measure the effectiveness of its advertising and how visitors use this Site. To do this, FantastiGames uses Web beacons and cookies provided by a third party company on the Site. The type of information FantastiGames collects includes the pages visited, the product codes and prices that visitors purchase and coupons that were used during purchase.
Since the Service is free and “ad-supported,” some Service Provider(s) may request that you download and install certain advertising enabling Software (e.g., “Admuse” provided by Excent) or other similar advertising software (“Ad Software”). This Ad Software enables and supports the appearance of advertisements integrated within certain Applications You may use on the Service. After you install the Ad Software, advertisements will appear while you use the Application according to predefined viewing requirements and frequency caps. From time to time, this Ad Software may connect to external servers in order to report performance records such as the advertisements that were displayed, the impressions received, and which, if any, were clicked on. The Ad Software does not report any personally identifiable information.
When You download Ad Software, such as Admuse, You agree and acknowledge that the Software may target Ads based on non-personally identifiable information (e.g., geographical location). You agree that the Software will collect the non-personally identifiable information items, including for research, royalty and targeting purposes.
Some jurisdictions prohibit the downloading of “adware”. By downloading or installing the client side of the Software containing Admuse, for example, You declare and represent that Your computer is not located in such jurisdiction (e.g. the State of Alaska, U.S.)
- DISCLAIMER OF WARRANTIES
THE SOFTWARE, SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, FANTASTIGAMES SPECIFICALLY DISCLAIMS, FOR THE AVOIDANCE OF DOUBT (ON BEHALF OF FANTASTIGAMES, ITS SUBSIDIARIES, SERVICE PROVIDERS AND/OR ITS AFFILIATES) OF ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, INTEROPERABILITY, OR CONTENT OF THE SOFTWARE, SERVICE OR SITE ; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE, SERVICE OR SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. FANTASTIGAMES DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED BY FANTASTIGAMES (AND FOR LIMITATION OF DOUBT, ITS AFFILIATES), WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
- LIMITATION OF LIABILITY
IN NO EVENT WILL FANTASTIGAMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, SOFTWARE, OR SERVICE, EVEN IF FantastiGames SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FANTASTIGAMES’ LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL FANTASTIGAMES LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES)WITH RESPECT TO THE USE OF THE SOFTWARE AND SERVICE EXCEED THE HIGHER OF (I) ONE HUNDRED ($100) U.S. DOLLARS, OR (II) THE ACTUAL CONSIDERATION RECEIVED BY FANTASTIGAMES FOR THE USE OF THE SOFTWARE AND SERVICE.
By agreeing to use the Software, Service and/or Site, You agree to defend, indemnify and hold FantastiGames, its affiliates, its partners, Service Providers, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Service or Site or the creation, the placement or transmission of any message, information, software or other materials through the Service by You or users authorized by You or related to any violation of these Terms and Conditions by You or any user authorized by You.
- CANCELLATION AND TERMINATION
FantastiGames may, at its sole discretion, terminate the Service, permanently or temporarily, at any time and without cause. Except as otherwise expressly provided herein, all sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability.
- PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of Your rights or obligations under this Agreement. FantastiGames may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying You or receiving Your consent.
- LINKS TO OTHER WEBSITES
From time to time, FantastiGames may provide links on the Site that will allow You to access the websites of third parties (“Linked Sites”). FantastiGames has no responsibility for the information, content, products, services, advertising, software, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of FantastiGames and FantastiGames does not endorse or sponsor the products, services, information, content, advertising, software, code or other materials presented on or through these Linked Sites. Your use of the Linked Sites or their products, software, services, information, content, advertising, code or other materials presented on or through the Linked Sites is at your own risk. Under no circumstances will FantastiGames be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any Linked Sites. You should direct any concerns to that site's administrator or webmaster.
- NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
FantastiGames respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe any materials accessible on or from the Site or Service infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting FantastiGames’ copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures.
The Terms shall be governed and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to the conflict of laws principles thereof. You hereby expressly agree to irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts located in the State of New York for the purposes of any suit, action or other proceeding arising out of or based upon the Terms or the subject matter hereto. In the event that any provision of the Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. FantastiGames failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly provided in a separate license, service or other written agreement between You and FantastiGames, these Terms constitute the entire agreement between you and FantastiGames with respect to the use of the Site, its Content, any Software or Service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. Except as required by law, the English language shall be the controlling language of these Terms. Notices shall be delivered to you at your address on record with FantastiGames. You may provide notices to FantastiGames via email to notice@ FantastiGames.com or by writing to FantastiGames at:
40 kimonos St.