Terms
of Use Agreement
Read This Terms of
Use Agreement Before Accessing Website.
Effective Date: This
Terms
of Use Agreement was last updated on
This Terms of Use Agreement sets forth the
standards of use
of the Fantasy Lab Online Service. By using the fantasylab.com website
you (the
“Member”) agree to these terms and conditions. If you do not agree to
the terms
and conditions of this agreement, you should immediately cease all
usage of
this website. We reserve the right, at any time, to modify, alter, or
update the
terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at
fantasylab.com
website. Your continued use of the
Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided
in this
paragraph, this Agreement may not be amended.
1.
Description
of Service
Fantasy Lab is
providing Member
with use of its web site. Member must provide (1) all
equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member’s
access to
the Internet, and (3) pay any fees relate with such connection.
2.
Disclaimer
of
Warranties.
The site is provided
by Fantasy
Lab on an “as is” and on an “as available” basis. To
the fullest extent permitted by applicable
law, Fantasy Lab makes no representations or warranties of any kind,
express or
implied, regarding the use or the results of this web site in terms of
its
correctness, accuracy, reliability, or otherwise Fantasy Lab shall have
no
liability for any interruptions in the use of this Website. Fantasy Lab disclaims all warranties with
regard to the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties, therefore the
above-referenced exclusion
is inapplicable.
3. Limitation of Liability
FANTASY LAB SHALL NOT be liable for any damages
whatsoever, and in
particular FANTASY LAB shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss
of
revenue, or loss of use, arising out of or related to this web site or
the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even
if [Insert
Name of Company] has been advised of the possibility of such damages.
SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS
INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Fantasy Lab, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Fantasy Lab reserves the right to modify or discontinue the Service with or without notice to the Member. Fantasy Lab shall not be liable to Member or any third party should Fantasy Lab exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Fantasy Lab does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Fantasy Lab makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Fantasy Lab makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8.
Governing
Jurisdiction of the Courts in
Our website is operated and provided in the State
of
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005-2006 fantasylab.com, will all rights reserved, or is the property of Fantasy Lab, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Fantasy Lab is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Fantasy Lab.
Fantasy Lab™ and fantasylab.com™ are proprietary marks Fantasy Lab, Inc. Fantasy Lab’s trademarks may not be used in connection with any product or service that is not provided by Fantasy Lab, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fantasy Lab.
All other trademarks displayed on Fantasy Lab’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Fantasy Lab.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Fantasy Lab designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Fantasy Lab, Inc.
PMB #
5424 Sunol Blvd #10
By Telephone: 925 462 1360
By Email: contact@fantasylab.com
12. Botnets
Fantasy Lab retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Fantasy Lab reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Fantasy Lab, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.