The Fantasy Thief's terms of service:
1. Acceptance of Terms and Conditions of Use. By using this Website and/or creating an account and accessing or viewing our Service, You accept and agree to all terms, conditions and notices contained in this product or referenced on the Website (hereinafter, the "Terms and Conditions of Use"). Please read these Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this product. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use. The Fantasy Thief reserves the right to change the Terms and Conditions of Use at any time, without prior notice to any Website visitor. For this reason, we encourage You to review these Terms and Conditions of Use whenever You use our Website. If You breach any of the Terms and Conditions of Use, your authorization to use this Website automatically terminates without any further notice to You.
2. Eligibility. To be eligible to register and create an authorized account, You must be at least the age of majority in any other applicable Jurisdiction. By using this Website and Service, You represent and/or warrant that You have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions of Use. The Fantasy Thief reserves the right, in its sole and absolute discretion, to refuse Service and access to any visitor.
3. Local Laws, Service Not Available in Some Jurisdictions. You are subject to the laws of the country, state, province, city or other legal entity (collectively "Jurisdiction") in which You reside and/or from which You access the Website and the Service. Access to the Website may not be legal for some or all residents of, or persons present in, certain Jurisdictions. Additionally, different Jurisdictions have different age of majority restrictions. It is Your responsibility to determine the law that applies in the applicable Jurisdiction and The Fantasy Thief does not make any representation or warranty, express or implied, as to the lawfulness of Your participation in or use of Service on this Website are appropriate for use in Your Jurisdiction. If You open an account and/or participate in or access the Service offered on the Website or simply browse the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions of Use, and you will be subject to having Your account or Your future use of the Website suspended or terminated.
4. Account Responsibility. A. No Transfer. Only one Account is allowed per person. Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including without limitation any person under the legal age to use the Service in Your applicable Jurisdiction, and in no event any person under the age of majoritys, to use or re-use Your Account or Your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
5. Price and Payment. Our Service may include premium content and subscription-based services. You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under Your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. You agree that any purchases made by You via credit card are specifically authorized to be charged to the credit card given by You at the time of purchase.
6. Intellectual Property Rights. A. Copyright Information and Personal & Non-Commercial Use Limitation. All Service and the compilation of all content included on this Website are owned or licensed by The Fantasy Thief and protected by United States and international copyright laws. The Fantasy Thief does not claim ownership of copyrights owned by third parties. You have been granted a limited license to view and use the Service subject to these Terms and Conditions of Use. Unless otherwise specified, the Service on this Website is for Your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from The Fantasy Thief . In order to inquire about consent, please email contact@TheFantasyThief .com. Users may not provide copyrighted or other proprietary information to The Fantasy Thief without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement. B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of the United States (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that Your copyrighted work has been copied without Your authorization and is available on this Website in a way that may constitute copyright infringement, You may provide notice of Your claim to The Fantasy Thief . For Your notice to be effective, it must include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) A description of the copyrighted work that You claim has been infringed upon; (3) A description of where the material that You claim is infringing is located on this Website; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) 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; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Fantasy Thief should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires will not be answered. C. Ideas and Inventions. All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to The Fantasy Thief in connection with Your use of this Website shall be the exclusive property of The Fantasy Thief . User agrees that unless otherwise prohibited by law The Fantasy Thief may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
7. Privacy and Protection of Personal Information. The Fantasy Thief respects the privacy of visitors to our Website. The full Privacy Policy is located in the footer of each page. User acknowledges and agrees that this Privacy Policy, including, but not limited to, the manner in which The Fantasy Thief collects, uses and discloses User's personally identifiable information, is incorporated and made a fundamental part of these Terms and Conditions of Use. If User does not agree to each and every part of The Fantasy Thief 's Privacy Policy, then User should not use the Website or submit any personally identifiable information through this Website. Questions regarding privacy issues should be directed to The Fantasy Thief via e-mail at contact@TheFantasyThief.com.
8. Disclaimer of Warranties and Limitation of Liability. User expressly agrees that use of the Website and Service is at User's sole risk. Neither The Fantasy Thief nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by The Fantasy Thief , or the like, warrant that websites affiliated with The Fantasy Thief , including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. The Fantasy Thief makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, Service, or merchandise provided through the Website. Furthermore, The Fantasy Thief shall not be responsible for any opinions, views, advice or statements posted on the Website (including, without limitation, in any public posting areas of the Website) by any person or entity. At no time should the opinions, views, advice or statements provided by advertisers, content providers, guests, independent writers or experts be relied upon for important personal decisions without independent verification. The information available on the Website is for informational use only. Any use of the information provided in the Website which is in violation of any federal, state, provincial or local law is strictly prohibited. The Fantasy Thief expressly does not take any responsibility for how You make use of the information provided in the Website. The majority of the information on this Website may be provided by third parties. Such third parties are independent contractors to The Fantasy Thief and are therefore responsible for their own marketing information, specks information and, therefore, The Fantasy Thief is expressly NOT liable for any inaccuracies or any misrepresentations which may be continued therein. The opinion, editorials and any other information provided on the Website by the above-noted independent contractors are not necessarily these of The Fantasy Thief . A. Disclaimer of Warranties. WE DO NOT WARRANT OR GUARANTEE ANY RESULT FROM THE USE OF THIS WEBSITE OR ANY SERVICE. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY The Fantasy Thief ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, The Fantasy Thief DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. The Fantasy Thief MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 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 SERVICE. 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 SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
B. Limitation of Liability. The Fantasy Thief DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF The Fantasy Thief. YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Fantasy Thief WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF The Fantasy Thief HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO The Fantasy Thief RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT The Fantasy Thief HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON The Fantasy Thief'S GOODS OR SERVICES, FROM INABILITY TO USE The Fantasy Thief'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF The Fantasy Thief'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS WEBSITE.
9. Third Party Links. This Website may contain links to other websites and may forward Users to other websites within the same Internet browser window. These websites are not under the control of The Fantasy Thief, and the existence of a link on the Website does not imply any endorsement of the linked websites by The Fantasy Thief or any affiliation between The Fantasy Thief and the owners of the linked websites. The Fantasy Thief makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Websites. You agree that The Fantasy Thief has no responsibility to You with respect to such material. The Fantasy Thief encourages You to examine the privacy policies and/or terms of use policies of any third party website.
10. Online Conduct. User agrees to use the Website and the Services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, hateful, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States or Canada and their agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Remote Access Trojans (RATs), keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by The Fantasy Thief to be in conflict with the spirit or intent of this Website.
11. Circumvention. User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use, the Service offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If The Fantasy Thief determines, in its sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, User will be subject to suspension or termination of User's access to the Website and/or Service, and The Fantasy Thief reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.
12. Termination. These Terms and Conditions of Use are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User's access to the Website may be terminated immediately without notice from The Fantasy Thief if in our sole discretion User fails to comply with any term or provision of these Terms and Conditions of Use.
13. Security. If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, (and if applicable) You are responsible for maintaining the confidentiality of Your The Fantasy Thief account ("Account") and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to (a) immediately notify The Fantasy Thief of any unauthorized use of Your password or Account or and other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Fantasy Thief cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section. The Fantasy Thief reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
14. Indemnification. You agree to defend, indemnify and hold harmless The Fantasy Thief and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by You or any service provider; (b) any other party's access and use of the Website or the Service with Your unique Identifiers; (c) Your connection to any The Fantasy Thief site; (d) Your violation of these Terms and Conditions of Use; (e) Your violation of any sports betting regulations, edicts or laws to which You are subject; or (f) Your violation of any rights of a third party or service provider.
15. Arbitration. Any dispute relating in any way to Your visit to Website shall be submitted to confidential arbitration except that, to the extent You have in any manner violated or threatened to violate The Fantasy Thief's intellectual property rights, The Fantasy Thief may seek injunctive, equitable, or other appropriate relief in any state, provincial or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of California. You and The Fantasy Thief agree that any Dispute between You and The Fantasy Thief shall be resolved exclusively and finally by arbitration administered by the National Arbitration Forum ("NAF"), using interpretations under California law, and conducted under its rules, except as otherwise provided below. You and The Fantasy Thief will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and The Fantasy Thief. The arbitrator's award, including attorneys' fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use, or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use, or Privacy Policy whether through class arbitration proceedings or otherwise. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the US Federal Arbitration Act, 9 U.S.C. § 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to: (i) this Terms and Conditions of Use or Privacy Policy, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from The Fantasy Thief; or iii) any other dispute arising out of or relating to the relationship between You and the The Fantasy Thief. Information may be obtained from the NAF online at www.arb-forum.com, by calling 800-474- 2371, or writing to P.O. Box 50191, Minneapolis, Minnesota, 55405.
16. Applicable Law/Jurisdiction. By visiting the Website, even if accessed from a location outside the United States, You agree that the laws of the State of California will govern these disclaimers, Terms and Conditions of Use and Privacy Policy, without giving effect to any principles of conflicts of laws. The Fantasy Thief reserves the right to make changes to its Website and these disclaimers, Terms and Conditions of Use and Privacy Policy at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of California.
17. Waiver/Severability. The failure of The Fantasy Thief to require or enforce strict performance by User of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of The Fantasy Thief's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
18. 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 Website, Terms and Conditions of Use, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
19. Entire Agreement. These Terms and Conditions of Use constitute the entire agreement between the User and The Fantasy Thief with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions of Use, or Privacy Policy will be effective only if in writing and signed by The Fantasy Thief.
THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
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