Terms and Conditions
Last updated: May 7, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://fantasyindex.com website (the "Service") operated by Fantasy Index Magazines, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms in their entirety. These Terms apply to all visitors, users and others who wish to access or use the Service, including (but not limited) free content, paid premium analysis, games and contests, and user-generated content.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including without limitation your payment card data, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We may update product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Fantasy Index Magazines, LLC has the right but not the obligation to monitor, edit, and remove all Content provided by users.
In addition, Content found on or through this Service are the property of Fantasy Index Magazines, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. The right to decide whether a username or content is offensive is at our sole discretion.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
The User shall be responsible for, and assumes all liability associated with, any material made available via the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through or otherwise make available via the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of FantasyIndex.com, any advertising or any solicitation with respect to products or services. Although FantasyIndex.com does not and cannot review every message posted by User on the Service, FantasyIndex.com shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material which FantasyIndex.com, in the exercise of its sole discretion, believes violates this Agreement or any Operating Rules. Material (defined as messages, stories, articles, or website addresses) authored by User or a user authorized by User under this Agreement ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas (such as feedback, chat rooms or forums) shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by FantasyIndex.com (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by FantasyIndex.com, and User waives all moral rights in such User Material.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Fantasy Index Magazines, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fantasy Index Magazines, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Fantasy Index Magazines, LLC
Fantasy Index Magazines, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Fantasy Index Magazines, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In no event shall Fantasy Index be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, pandemic, governmental acts such as forced closures, public or national emergency, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. Fantasy Index shall use reasonable efforts to resume performance as soon as practicable under the circumstances.
Reservation Of Rights
Fantasy Index may extend, modify, suspend or cancel free or paid subscriptions or contests due to outside factors beyond its control, including but not limited to those enumerated in the Force Majeure section above. At its sole discretion, Fantasy Index may choose whether to offer credit or a refund for the unused prorated portion of paid subscriptions not delivered due to cancellation in circumstances of Force Majeure; likewise Fantasy Index at its sole discretion may determine contest winners from all eligible entries.
You agree to defend, indemnify and hold harmless Fantasy Index Magazines, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Fantasy Index Magazines, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance.
Fantasy Index Magazines, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. FantasyIndex.com reserves the right to take down the site for periodic maintenance and upgrades, and depending on circumstances may not inform customers in advance of any such downtime. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. By using the Service, you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material. No advice or information, whether oral or written, obtain by you from Fantasy Index or through or from the service shall create any warranty not expressly stated in the terms of service. You expressly understand and agree that FantasyIndex.com shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FantasyIndex.com has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmission or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. In no event shall Fantasy Index’s total liability to you for all damages, losses or causes of action exceed the purchase price of your subscription.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Jurisdiction and governing law
This agreement, and the application or interpretation of this agreement, shall be governed exclusively by its terms and in accordance with the laws of the State of Washington without regard to its conflict of law provisions. You and Fantasy Index agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
FantasyIndex.com reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion, but may include elimination or discontinuation of any content or feature of the service. Any use of the Service after such notice shall be deemed to constitute acceptance by the User of the changes.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at email@example.com or by mail to Fantasy Index, PO Box 15277, Seattle, WA 98115.