FANTADREAM.COM GENERAL TERMS OF USE AGREEMENT
Effective June 15, 2004
Set forth below are the terms and conditions (these
"Terms of Use") governing the Fantadream.com website and services,
which may expand or change from time to time (the "Website"). Fantadream.com,
of Arcadia, California, is the sole owner and operator of the Website; the
terms "you" or "your" refers to an individual, representing
yourself or, if applicable, acting as a legal representatives for a group,
business entity or corporation.
About Fantadream.com
Fantadream.com is a registered trademark belonging to
FANTADREAM PICTURES, INC. and is subject to the rules and regulations found
below.
The following legal protections are claimed by FANTADREAM
PICTURES, INC. to maintain proprietary protection for its trademarks.
1. The right
under state, federal, and international law to prosecute and seek redress
against any party who willingly attempts to use these protected trademarks, or
any logos, pictures, representations, textual messages or graphic productions
that use any of the above trademarks that may be found on any page of this web
site for any commercial use whatsoever.
2. The use of
the Fantadream.com site does not grant to any person, company, or association,
either an express or implied right to copy, reproduce, or distribute any logo,
trademark, service mark, product identification, screen shot, review, or line
art.
3. Access
permission to this site does not include permission to copy the design
elements, look and feel, or layout of the Fantadream.com site, nor to use any
product names, titles, pictures, reviews, ratings, star lists, director's
names, opinions or ideas. These elements of the Fantadream.com site are
protected by law, such as trade dress, trademark, unfair competition, and other
laws, and may not be copied or imitated in any manner.
IMPORTANT
Carefully read and review the following terms and
conditions. By availing yourself of the website or related services, you are
consenting to be bound by these terms and conditions as such terms may be
modified from time to time as described below. You are responsible for
regularly reviewing these terms and conditions for modifications. Your
continued use of the service indicates your knowledge and acceptance of the
agreement and any subsequent modifications.
Welcome to Fantadream.com. This agreement
("Agreement") is a contract between you and Fantadream.com and
governs your use of the Fantadream.com Website and the "Services"
provided by the Fantadream.com Website and material contained herein (¡§Contents¡¨).
The Fantadream.com Website means this web site, as accessed by the following
domain name: www.Fantadream.com.
By clicking on ¡§enter¡¨ on the front page of the Fantadream.com Website and
accepting this Agreement, you have acknowledged and represent that:
- You have read and understood
this Agreement and agree to be bound by its terms and conditions.
- You hereby warrant and
represent that you are over the age of 21 and in all respects are
qualified and competent to enter into this Agreement.
- You certify that you are
wholly liable for any false disclosures and are responsible for any legal
ramifications that may arise from such actions or activities.
If you do not agree to be bound by (or cannot comply with)
any of the terms and conditions of this Agreement, do not attempt to access the
Service.
DESCRIPTION OF PRODUCT AND SERVICE
Fantadream.com is a third party vendor of manufactured
items and digital media (¡§Products¡¨, such as pre-recorded DVDs and encrypted
window media files) that include adult content materials. These services
(¡§Services¡¨) include downloadable images and movies and sale of digital media
(such as pre-recorded DVDs and encrypted window media files). These Products
include downloadable images and movies and digital media such as pre-recorded
DVDs and encrypted window media files. To the best of our knowledge, the
Products comply with 18 U.S.C. 2257 and 28 C.F.R. 75 (proof of age verification
must be clearly listed to ensure that all actors, actresses, models and other
persons that appear in any visual depiction of sexually explicit conduct are at
least 18 years of age, unless otherwise exempt) and contain no graphic
representation or textual reference to children's pornography, sexual abuse,
actual violence, or bestiality. By accepting this Agreement, you have
acknowledged and represent that:
- You certify that you are
willfully becoming a subscriber of a service which contains adult content
material and subject matter depicting sexual acts between consenting
adults and that you are over 21 years of age and are not offended by
viewing adult-oriented and sexually explicit materials contained herein.
- You certify that the viewing,
reading, downloading, purchasing of digital media contained herein (such
as pre-recorded DVDs) from the Service do not violate your local or state
laws and the community standards of your locality, city, town, state,
province, country or other community to which you belong, reside or from
which you view this material.
- You certify that you will be
using the Service for your personal use and will not be showing the
digital media delivered by this Service to minors.
- You certify that you are not a
city/state/federal law enforcement officer or an inspector of the USPS,
ordering this material with the intention of using such material as
evidence for the prosecution or harassment of any individuals or
organization or for entrapment of Fantadream.com, its affiliates, or
principals thereof.
- You understand and agree that
the Service is provided "AS-IS" and that Fantadream.com assumes
no responsibility for the delay or mis-delivery of Products and Contents,
for failure to store any user personalization settings and for any implied
conditions, warranties or representations that may expressed by the makers
of the products contained herein. No warranties of any kind are given nor
implied.
- You understand and agree that
you will assume total responsibility and risk for your use of this
Service. Fantadream.com does not make any warranties, express or implied,
representations or endorsements with regard to the Service, merchants,
information, or Products offered on this Website.
- You understand and agree that
the Service may include certain communications from Fantadream.com. If you
do not want to receive such information, you can opt-out from receiving
such material by so indicating in your user profile. All new features that
improve or enhance the current Service, including the release of new
Fantadream.com products, shall be subject to the Agreement. Fantadream.com
reserves the right to review and remove communication materials in its
sole discretion.
- You have independently
determined the compatibility of your computer system and DVD player with
this Service(s)/Product(s). We at Fantadream.com (including its owners and
operators) do not warrant this Service will be uninterrupted or
error-free. There may be delays, omissions, interruptions and inaccuracies
in the news, information or other materials available through this
Service. We are not responsible for the availability or content of third
party services that may be linked to this Service. We do not make any
representations, nor do we endorse the accuracy, completeness, timeliness
or reliability of any advice, opinion, statement or other material or
database displayed, uploaded or distributed in this Service. We reserve
the right to correct any errors or omissions in this Service. We do not
guarantee or warrant that this Service or materials that may be downloaded
from this Service do not contain viruses, worms, or other destructive
materials. We are not liable for any damages or harm attributed to such
features. If you rely on this Service and any material available through
this Service, you do so solely at your own risk.
- You agree that Fantadream.com
shall not be liable to you or to any third party for any discontinuance,
suspension or modification of the Service.
Fantadream.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice.
CHARGES / BILLING
Agreement to Pay: The price
of any Product(s)/Service(s) purchased through the Site will be the price
specified in the Site at the time of your purchase. Payment may be made via
such methods as are supported on the website, including various
credit/debit/prepaid cards. Upon presentation of the "card" the
purchaser warrants that he/she is the cardholder or has the permission of the
cardholder to use the cards and that the billing information provided is
accurate. Fantadream.com will not issue refunds based upon inaccuracies
represented by the purchaser. By completing the registration process, you
authorize Fantadream.com to charge the appropriate fees to your designated
credit/debit/prepaid card. Furthermore, you are wholly liable for any action
that may arise from viewing, reading, downloading, purchasing of digital media
(such as pre-recorded DVDs) from the Service. Fantadream.com is not liable for
any fraudulent access to the Service or by any person¡¦s use of your credit card.
Electronic Contracts:
Fantadream.com may include in the Service the ability for you to make
electronic purchases. You acknowledge and agree that any submissions you make
for electronic purchases constitute your intent and agreement to be bound by
the terms of and to pay for such purchases. You may withdraw your consent to
enter into such electronic agreements by giving written notice to
Fantadream.com, but if you do so, you will not thereafter be able to make any
electronic purchase(s).
Refunds: By purchasing
Product(s)/Service(s) through the Site, you have agreed that Fantadream.com
will not issue refunds based upon any disatisfaction regarding the
Product(s)/Service(s) .
Right to Change Fees:
Fantadream.com reserves the right to change fees. Fantadream.com will provide
you with reasonable notice of such change. If you do not accept the new fees
(which will be applicable on a prospective basis only); you will have seven (7)
business days from such notice to cancel your subscription and/or your account.
Taxes: Fantadream.com
reserves its right to collect applicable taxes and impose premium surcharges
for certain features of the Service.
Resale: In addition to the
restrictions set forth above, you acknowledge and agree that you may NOT copy,
distribute, sell, resell or exploit for any commercial purposes, any portion of
the Service (or any Downloads accessible on or through the Service), or your
user name or password.
ABUSE
You may not use the Service (or any part of it) to upload,
post, transmit, display, perform or otherwise make available to other
subscribers, members or third-parties any messages, content or materials that
are illegal, obscene, threatening, defamatory or invasive of privacy; violate
(intentionally or unintentionally) a contractual, fiduciary or confidentiality
obligation or duty you have to any third party; infringe intellectual property
or other third-party rights; harm minors in any way; comprise or contain
software viruses or other computer code designed to interfere with or disrupt
the Service or any network or servers connected to or by the Service. In
addition, you may not use a false email address, impersonate any person or
entity, or otherwise mislead other subscribers, members or third parties as to
your identity.
You understand and agree that any loss or damage of any
kind that occurs as a result of your own wrong doings is solely your
responsibility. You are wholly liable for any false disclosures and for
ensuring that access to the Service complies with the legislation of its place
of access to the service. You indemnify Fantadream.com in all respects from any
action which may result from your access to the service. You indemnify
Fantadream.com against any and all claims, and will not hold Fantadream.com
responsible for any legal ramifications that may arise as a result of
fraudulent entry or the use of this Service and material contained herein
(¡§Contents¡¨).
Any behavior deemed abusive includes, but is not limited to
the paragraph set forth above. The remedies include but are not limited to 1)
terminating/suspending the abuser's account 2) blocking abuser's IP address to
prevent further access 3) if necessary, pursue legal action. Fantadream.com
shall have no liability or responsibility to you, and Fantadream.com will not
refund any portion of your fees charged to date.
COMPLAINTS
If you believe any Content being used on this Website is in
violation of your rights, you may notify Fantadream.com by providing all
requested information in the manner described in numbers (1-8) below. Fantadream.com
only shall use information provided by Complainants in accordance with its
then-current Privacy Policy and as reasonably necessary to address any
allegations contained therein, which may include disclosing some or all of the
information to Content Providers. In most cases, soon after receiving written
notice alleging infringement, Fantadream.com will remove the allegedly
infringing Content.
1. Complainants'
full name and if applicable, the name of the business entity represented.
2. Complainants'
mailing address and if applicable, the mailing address of the business entity
represented.
3. Complainants'
daytime telephone number.
4. Complainants'
email address, if any.
5. Description
or identification of the Content which is in question.
6. Basis for
asserting this complaint.
7. URL of all
web pages on the Website where the Content is known to be located.
8. Reprint
the following sentence: "By submitting this complaint to Fantadream.com,
under penalty or perjury and to the best of my knowledge I attest that none of
the information provided herein is false or misleading, I am the person
identified in No. 1 above."
9. Submit-by
email, sign electronically, then transmit to legal@fantadream.com; subject:
"Complaint ¡§
Please note that Fantadream.com will be happy to cooperate
with anybody who questions our operation.
COPYRIGHT INFORMATION
The Service may contain or comprise copyrighted and/or
proprietary subject matter. Your rights with respect to your use of the same
are governed by all the terms and conditions of this agreement, all applicable
laws, including but not limited to intellectual property laws, and any
applicable end-user license agreements. For avoidance of doubt, your use of the
Service is under license; you will not obtain any ownership interest in any of
them through this Agreement or otherwise.
TRADEMARK
All trademark, service marks, trade names, domain names,
slogans, logos, and other indicia of origin that appear on or in connection
with the Service are the property of Fantadream.com and/or its affiliates, licensors
and/or licensees. You may not copy, display or use any of these marks without
prior written permission of the mark owner.
LIMITATION OF LIABILITY
Fantadream.com, its officers, directors, shareholders,
parents, subsidiaries, affiliates, agents, proprietors, webmasters, moderators,
or licensors are not liable for incidental, indirect, consequential, special,
punitive, or exemplary damages of any kind, including lost revenues or profits,
loss of business or loss of data, in any way related to this Service or for any
claim, loss or injury based on errors, omissions, interruptions or other
inaccuracies in this Service (including without limitation as a result of
breach of any warranty or other term of this Agreement), even if Fantadream.com
was advised of the possibility of such damages. Any claim against us shall be
limited to the amount you paid, if any, for use of this Service.
You agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside. Your correspondence or business dealings with, or
participation in promotions of or with parties found on or through the Website,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations applicable to such dealings,
are solely between you and such parties. You specifically agree that
Fantadream.com is not responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of any other party or any
infringement of another's rights, including intellectual property rights.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Fantadream.com as a result of
this agreement or use of the Fantadream.com Website. You agree to indemnify and
hold Fantadream.com, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising out of your use
of or conduct on the Fantadream.com Website. Fantadream.com reserves the right
to disclose any personal information about you or your use of the
Fantadream.com Website, including its contents, without your prior permission
if Fantadream.com has a good faith belief that such action is necessary to: (1)
conform to legal requirements or comply with legal process; (2) protect and
defend the rights or property of Fantadream.com or its affiliated companies;
(3) enforce the terms or use; or (4) act to protect the interests of its
members or others.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Fantadream.com with
respect to the Fantadream.com Website (www.Fantadream.com) and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Fantadream.com with respect to the
Fantadream.com Website. Fantadream.com reserves the right to change the terms,
conditions, and notices under which Fantadream.com site is offered.
These Terms and Conditions are governed in all respects by
the laws of the State of California, USA. Legal proceedings related to the
matters herein shall be brought in and adjudicated solely in the courts of the
State of California, in the County of Los Angeles, USA. These Terms and
Conditions set forth the entire understanding and agreement of the parities as
to the subject matter hereof and supersede all prior proposals, discussions or
agreements with respect thereto.
A printed version of these Terms and Conditions and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to these Terms and Conditions
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.