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Effective: June 20, 2008
The www.fanfuture.com website (“Web Site”) is owned and operated by Fantastic Futures™ , LLC, a Kansas limited liability company (“Fantastic Futures”). Fantastic Futures™ has adopted these Terms of Use (“Terms of Use” or “Agreement”) to make you aware of the terms and conditions of your use of the Web Site. By using or accessing this Web Site, registering an account or downloading software, you shall be subject to, and hereby agree to, these Terms of Use. If you do not agree to these Terms of Use, please do not use or access the Web Site, register an account or download software. Fantastic Futures™ reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You agree that you have the affirmative obligation to check these Terms of Use periodically for changes. The continued use of the Web Site following the posting of changes to these Terms of Use will mean you accept those changes.
General Terms of Use and Restrictions on Use of Materials
If you do not comply with the Terms of Use at any time, Fantastic Futures™ reserves the right to limit your access to the Web Site or restrict your right to download software. Fantastic Futures™ may discontinue or alter any aspect of the Web Site, including, but not limited to, (a) restricting the time the Web Site is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user’s right to use or access the Web Site or download software, at Fantastic Futures’ sole discretion and without prior notice or liability. You acknowledge that the Web Site may contain information, software, photos, video, text, graphics, music, sounds or other material provided by Fantastic Futures™ or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Fantastic Futures™ Intellectual Property
Unless otherwise specifically noted, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, Fantastic Futures™, the Fantastic Futures™ logo, Watch Me Grow™, and the Watch Me Grow™ logo, are the property of Fantastic Futures™ and may not be used without Fantastic Futures’ prior written consent. Trademarks owned by third parties are the property of those respective third parties and may not be used without their prior written consent. The Web Site is the copyrighted property of Fantastic Futures™ , and it may not be reproduced or used in any manner in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by Fantastic Futures™ or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.
You may have purchased software and other products from Fantastic Futures™ pursuant to a separate agreement between you and Fantastic Futures™ . In the event you have done so and utilize the Web Site to download software previously purchased, these Terms of Use apply in addition to any other agreements between you and Fantastic Futures™ as well as any additional terms, conditions or agreements to which such software is subject. Your right to download and otherwise use such software is subject to those additional agreements, and these Terms of Use do not grant you any rights in addition to the rights granted by those additional agreements, if any. The terms of such other agreements shall govern to the extent inconsistent with these Terms of Use.
Fantastic Futures’ Privacy Policy
The Company collects, stores and uses data collected from you in accordance with Fantastic Futures’ Privacy Policy, located at www.fanfuture.com/privacy.html. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.
Links
The Web Site may provide, or third parties may provide, links to other web sites or resources on the Internet. Because Fantastic Futures™ has no control over such sites and resources, you acknowledge and agree that Fantastic Futures™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for such web sites or resources or any Content, advertising, products, or other materials on or available from such web sites or resources. You further acknowledge and agree that Fantastic Futures™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused, alleged to be caused by or in connection with use of such web sites or resources or reliance on any such Content, goods or services available on or through any such web sites or resources.
User Representations
You hereby represent and warrant to Fantastic Futures™ that: (a) you are over the age of eighteen (18) or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Fantastic Futures™ is truthful, accurate and complete; (c) you will comply with the terms and conditions of these Terms of Use; (d) you have provided and will maintain accurate and complete registration information with Fantastic Futures™ , including, without limitation, your legal name, address, email address, and any other information Fantastic Futures™ may reasonably require; and (e) your access to and use of the Web Site or download of software will not constitute a breach or violation of any other agreement, contract, terms of use, or any law or regulation, to which you are subject.
Prohibited Uses
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or the software you download via the Web Site, which includes, without limitation, use of the foregoing to: (a) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property rights of any person; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site or any other computer network; (d) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; or (e) engage in any other activity deemed by the Fantastic Futures™ to be in conflict with the spirit or intent of these Terms of Use.
Disclaimer
Fantastic Futures™ uses reasonable efforts to maintain the Web Site, but Fantastic Futures™ is not responsible for any defects or failures associated with the Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Fantastic Futures™ may undertake from time to time, or (c) causes beyond the control of Fantastic Futures™ or which are not foreseeable by Fantastic Futures™ . In addition, Fantastic Futures™ makes no guarantees as to the web sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Web Site, including as to the accuracy, content, or quality of any such sites and information.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
IN THE EVENT YOU PURCHASE PRODUCTS VIA THE WEB SITE, AND THE LICENSOR OF SUCH SOFTWARE MAKES ANY SUCH WARRANTIES, Fantastic Futures™ HEREBY ASSIGNS SUCH WARRANTIES TO YOU, SUBJECT TO THE CONDITIONS AND LIMITATIONS PROVIDED BY THE LICENSOR. WITH THE EXCEPTION OF THE FOREGOING, THE WEB SITE AND ANY SOFTWARE IS PROVIDED “AS IS” AND YOUR USE IS AT YOUR SOLE RISK. Fantastic Futures™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, Fantastic Futures™ MAKES NO WARRANTY THAT THE WEB SITE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE OR ANY INFORMATION FOUND ON THE WEB SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY SOFTWARE, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.
FOR THE AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Fantastic Futures™ DOES NOT WARRANT (A) THAT PURCHASE OR USE OF THE SOFTWARE WILL PREVENT OR LESSEN THE LIKELIHOOD OF ANY CRIME OR LOSS, (B) THAT PURCHASE OR USE OF THE SOFTWARE WILL RESULT IN OR INCREASE THE LIKELIHOOD OF RECOVERY OR ANY OTHER FAVORABLE OUTCOME IN THE EVENT A CRIME OR LOSS IS PERPETRATED BY A THIRD PARTY, OR (C) THAT ANY INFORMATION OR DATA STORED UTILIZING THE SOFTWARE, WILL MAINTAIN ITS INTEGRITY, OR WILL BE ACCURATE, CURRENT, TIMELY OR COMPLETE, WHETHER DUE TO MISUSE, PASSAGE OF TIME OR ANY OTHER CAUSE OR REASON.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fantastic Futures™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF OR INJURY TO LIFE OR OTHER INTANGIBLE LOSSES (EVEN IF Fantastic Futures™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE OR SOFTWARE DOWNLOADED VIA THE WEB SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY SOFTWARE, DATA OR INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEB SITE. IN NO EVENT SHALL FANTASTIC FUTURES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
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.
Indemnification
You agree to defend, indemnify and hold harmless Fantastic Futures™ , its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Web Site.
Termination and Modification
You agree that Fantastic Futures™ , in its sole discretion, may terminate your use of the Web Site upon prior notice, and remove and discard any Content, for any or no reason. Fantastic Futures™ may also, in its sole discretion and at any time, discontinue providing the Web Site or suspend your uses of the Web Site for violation of this Agreement, any part thereof, with or without notice. Further, you agree that Fantastic Futures™ shall not be liable to you or any third-party for any suspension or termination of your access to the Web Site.
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Fantastic Futures™ which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Fantastic Futures™ has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Fantastic Futures™ may have for your breach of this Agreement.
The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Kansas, USA, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS OF USE, CONCERNING ANY SALE OR CONCERNING ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF Fantastic Futures™ , MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN JOHNSON COUNTY, KANSAS, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
This Agreement constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Web Site and downloads from the Web Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
Copyright and Copyright Notices
Fantastic Futures™ respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fantastic Futures’ Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact Fantastic Futures’ Copyright Agent for Notice of Claims of copyright infringement at: copyrightclaims@fanfuture.com.
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