In this agreement, "you" or "your" means the user of the site. If you are a minor, "you" or "your" includes your parents or legal guardians. "Site", "we", "us", or "our" refers to fantage.com, Inc.
2. Ownership and use restrictions:
We may, at our own discretion, with or without warning, cease operation of the site, terminate your membership to the site, or otherwise restrict your access to the site. We are not liable for your inability or to access the site. All content and software usable through this site, as well as all trademarks, service marks, and copyrightable material found on or provided by this site, is the property of Fantage.com Inc. We grant you a non-exclusive and non-transferable license to use this site. You have no rights with regard to this site that are not expressly granted to you in writing by Fantage.com Inc. You agree not to sell, download, remove, reproduce, modify, perform, publish, disseminate, broadcast, reverse-engineer, decompile, or disassemble any materials found on this site to any third party without the express prior written permission of Fantage.com Inc.
In order to take advantage of the site's functions, you will be required to register with us. If you register, you agree to provide us with complete, accurate, and updated information about yourself to the extent such information is asked during the registration process. If you register, you will also agree and adhere to our chat and behavior code of conduct. This site has the right to terminate your account in the event that we come to believe that you have provided us with false, misleading, or incomplete information or otherwise attempt to circumvent the registration requirements. You are responsible for maintaining the confidentiality of your user information and agree to take responsibility for any unauthorized use of such information. In the event that someone else uses or attempts to use your user information without your authorization, you agree to promptly notify us of this fact upon discovery.
This site and all software and materials associated with this site are provided on an "as is" condition, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permissible by law, We disclaim all warranties, express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about your access and use of the site, including in particular whether you will enjoy free, error-free, and/or uninterrupted access; whether the site is free of viruses, trojans, or other components harmful to your hardware or that will otherwise affect the operation of your hardware; or whether any defects or potentially harmful features on our website will be corrected. We make no warranties concerning the results of the use of this site or its software or the correctness of information provided by this site. No oral or written information or advice by any employee or agent of Fantage.com Inc. shall constitute or create an express or implied warranty. Fantage.com Inc. is not responsible for the conduct of any user of this site. The above exclusions apply to you only to the extent allowable by the law of the relevant jurisdiction.
You agree to indemnify, defend, and hold harmless Fantage.com Inc., its officers, directors, employees, agents, shareholders, information providers, licensors, and licensees and contributors against any and all claims, losses or damages arising out of any breach by you of these terms and conditions. We reserve the right, at the expense of Fantage.com, to assume the exclusive defense and control of any matter that is subject to indemnification by you. You will use your best efforts to cooperate with us in the defense of any claims against us.
6. Statement of liability:
To the fullest extent permissible by law, Fantage.com Inc. and its officers, directors, employees, and agents are not liable for any injury, personal, business, or otherwise, whether due to negligence, breach of contract, or any other theory, or for damages of any kind including but not limited to compensatory, consequential, incidental, indirect, punitive, or special damages resulting from the use of, or the inability to use, this site or any software, materials, or functions provided by or through this site.
7. Third Party Websites, Content, Products and Services
Any links to other websites that may occur on this site are provided solely as a convenience to you and are provided on an "as is" basis, without any warranties of any kind, either express or implied. We have no control over such websites and do not endorse their content, products, or services. Fantage.com Inc. also cautions you of the risks inherent in visiting any website. You take full responsibility for your use of such sites. To the fullest extent permissible by law, This site disclaims all warranties, express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Postings by users:
Although this site encourages users to post certain friendly, non-harmful material, you are solely responsible for any and all ideas, data, or anything else ("Postings") posted or otherwise transmitted onto this site through your account. By submitting a Posting, you represent that you are entitled to all rights in the Posting and that the Posting or its submission or use, whether by you or this site in any way conceivable, does not infringe on the rights of any third party. By submitting a Posting, you also grant and represent that you have the power to grant us permission to use, modify, create derivative works from, and disseminate, anywhere in the world, and to grant others the same irrevocable authority to use, modify, create derivative works from, and disseminate, such Posting or any portion thereof.
Fantage.com Inc. seeks to create a friendly non-hostile environment. Accordingly, we, in our sole discretion, reserve the right to delete, modify, or refuse to post any Posting or any portion thereof that in the opinion of Fantage.com Inc. may cause harm in any way to us, any user, or any third party or that violates the terms and conditions of this site.
We may be required to notify you of certain events, including whether there is any change to these terms and agreements. You agree that such notices become effective upon our posting them on this site or upon notifying you by email or postal service. We are not liable for any failure to notify you due to your failure to provide accurate and updated contact information.
10. Privacy Notice:
11. Intellectual Property Dispute Policy:
If you have a good-faith belief that this site contains any material that infringes your intellectual property rights, please send your notice of infringement to the following department:
Attn: Administration Department
400 Kelby Street 19th Floor
Fort Lee, NJ 07024
- Your notice must contain the following information:
- Identification of the material (the "Work") that you claim has been infringed upon.
- Identification of the material on the site that you claim infringes upon the Work, as well as the manner in which it infringes on the Work.
- Contact information sufficient to allow Fantage.com Inc. or its employees or agents to contact you.
- A statement that you have a good faith belief that that the use of the material constitutes a violation of the intellectual property rights of an owner of the Work.
- A signature by a person authorized to act on behalf of the owner of the Work.
- A statement that the person issuing the notice is authorized to act on behalf of the owner of the Work.
12. Promotional Code Redemption:
Virtual and physical products cannot be returned, exchanged, or transferred. We are not responsible for any third party policies or procedures.
- Promotional code can only be redeemed once.
- Promotional codes have no cash value.
- The promotional code may only be used on www.fantage.com.
- Limit one use per account.
- Promotional codes are void if restricted or prohibited by law.
- In order to redeem a Fantage promotional code, you must have an active Fantage account.
- We are not responsible for replacing lost or stolen promotional codes. Promotional codes cannot be replaced, transferred, or reproduced if lost, stolen, or already redeemed.
- All promotional code redemption terms are subject to our terms and conditions.
- We reserve the right to revoke, refuse, modify or cancel promotional codes or products at any time upon our discretion. Void if copied, altered, exchanged, sold, counterfeit or invalid for any other reason. Any other use constitutes fraud. Proof of purchase may be needed for certain promotional offers.
If for any reason a court of competent jurisdiction finds any provision within these terms, or any portion thereof, to be unenforceable, the remainder of these terms shall remain to the maximum extent permitted by law.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey.
These terms and conditions constitute the entire agreement among parties relating to the use of this site and the materials found on this site, and they supersede all prior or contemporaneous agreements, understandings, representations, warranties, communications, and proposals among the parties concerning the subject matter of these terms and conditions. These terms and conditions shall be construed to include all notices, policies, disclaimers, and other terms contained on the site.
14. Billing and Refund statement:
We may revise, change, or update pricing for the products and services we offer. Users of Fantage.com Inc. may sign up for one of its various terms of premium membership, such as 1-month, 3-months, 6-months, or 1-year. There are also terms of premium membership that are packaged with virtual currency such as eCoins and Gold. All recurring premium membership packages automatically renew at the end of each billing cycle unless you specifically cancel membership. If the recurring membership is packaged with virtual currency, the specified amount of virtual currency will automatically get added to the account at the end of each billing cycle unless you specifically cancel membership. To cancel your membership, please click the cancellation button located in the “Manage Account” section, under the “Membership & Purchase” page. All other memberships automatically end at the expiration of the terms. When a premium membership is cancelled or automatically ends, the in-game Premium-Only items will not be accessible. You can have access to these items again if you renew your Premium Membership. Cancelling your recurring subscription will take effect for the next billing cycle and it will not cancel or reverse any charges that have already posted to your account. If your premium membership is no longer needed, it is the account holder's responsibility to cancel any and all recurring subscriptions on the account. Refunds will not be issued for accounts that have been inaccessible due to violation of our terms and conditions or if the account holder did not utilize our services at their own discretion. We are not responsible for any and all fees charged to you from the issuing bank or financial institution including, but not limited to, overdraft, insufficient funds, credit limit fees, or other miscellaneous fees. All premium membership and virtual currency purchases are non-transferrable and NON-REFUNDABLE.