Terms

Fantaskey, Inc., Terms of Use

Last Updated: 05/03/2018

Terms of Use

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, products, information or services. By accessing, the Fantaskey website, mobile or tablet application, or any other feature or Fantaskey platform, using Fantaskey’s services (“Fantaskey Services or “services,” or “Fantaskey Business Services”) through the site, signing up for an account and/or membership, entering your email, and/or completing a purchase on the Fantaskey website, (collectively “Our Website”) you agree to be bound by these terms and conditions of use (“Terms”) and any additional terms applicable to certain programs and/or services in which you may elect to participate. You also agree to be bound by our Privacy Policy (“Privacy Policy”), located at www.fantaskey.com/privacy and referenced herein. Fantaskey, Inc. (“Fantaskey,” “we,” or “us,” or “our”) owns and operates the website www.fantaskey.com. In these terms, “you” or “your,” or “customer,” or “user,” or “Fantaskey Member” or “Fantaskey Premium Member” or “Member,” “Partner” or “Fantaskey Partner Business,” refers to you as the user of our Website. If you do not accept all of these Terms, then you may not use Our Website, participate in any Fantaskey program, event, or promotion, or purchase any product, good and/or service offered through Fantaskey.

We may modify these terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please take it upon yourself to review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate your use of Our Website.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHTS TO PARTICIPATE IN A REPRESENTATIVE OR CLASS-ACTION LAWSUIT.

  1. About Our Website.

Our Website strives to create a robust community that allows the world to connect through our completely free social networking component (“Fantaskey Connection Community” or “Connection Community,” or “social” or “social network”), and we also want to make everyone’s lives easier by connecting people with only products, services and offerings of exceptional quality, being sold by a select group of approved merchants (“Fantaskey Partner Businesses”) exclusively through our platform in our Shop (“Shop” or “shop,” or “Fantaskey Shop” or “Fantaskey Partner Business Offerings”). Offerings on Our Website from Fantaskey Partner Businesses may include but are not limited to the following categories: a) restaurants, food & beverage, b) spa, beauty and massage, c) retail/shopping, d) health and fitness, e) music, theater, movies and entertainment, f) sporting events, g) hotels, vacation rentals and/ or accommodations, h) golf, i) museums, other various activities, and more. We may also use Our Website to sell any products of our own, without limitation, and to arrange and/or provide services to businesses and/or consumers

  1. Privacy

Your privacy is of the utmost concern to us. We designed our Privacy Policy to disclose important information regarding how you can control the content you elect to share with others on Fantaskey and how we collect, store and can use your content and information. We encourage you to read our Privacy Policy to clarify any questions you may have. Our Privacy Policy is incorporated in and is subject to our Terms. You can access our Privacy Policy here via direct link or you can visit www.fantaskey.com/privacy

  1. Access to Our Website

Fantaskey reserves the right, at our sole discretion, to deny service or an account or use of Our Website to anyone at any time and for any reason. While we do our best to keep Our Website and your account accessible, Our Website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in access to Our Website, services or products or events, and/or your account, due to circumstances both within our control (i.e. necessary maintenance) and outside of our control.

  1. Sharing and Ownership of Your Content and Information
    1. You own all of the content and information that you personally post on Fantaskey, and you control how it is shared through your account settings.
    2. For content that is covered by intellectual property rights, like photos and stories (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a nonexclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Fantaskey (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    3. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you agree that any deleted content may persist in backup copies for a reasonable amount of time (but will not be available to others).
    4. When you publish content or information visible to “Everyone” (publicly visible), you are allowing everyone, including people off of Fantaskey, to access and use that information and to associate it with you (i.e. your name, profile picture, and profile details).
    5. We are appreciative of suggestions and other feedback about Fantaskey, but you understand and agree that we retain the right to use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation whatsoever to offer them).
  2. Ownership of Our Website

Our Website, any content and/or intellectual property we personally post on Our Website, and the infrastructure used to provide Our Website are proprietary to us, our Fantaskey Partner Businesses, and other content providers. By using the site and accepting our Terms: a) Fantaskey grants you a limited, personal, nontransferable, nonexclusive, revocable license to use Our Website pursuant to these Terms and to any additional terms and policies set forth by Fantaskey; and b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, services or intellectual property obtained from or through Our Website without the express written permission of Fantaskey. We reserve all rights not expressly granted to you in our Terms.

  1. Account Requirements and Registration

Fantaskey users provide real information: their real names, real birthdays, and more, and we need your help to ensure this happens consistently. One thing that makes Fantaskey great is the integrity of Our Website, and maintaining high standards of integrity for all users is essential to helping us maintain a truthful community. Below are some commitments you make to us relating to registering for and maintaining your account.

  1. You will not create an account or use Our Website if you are under 13.
  2. You will not create more than one personal account.
  3. You will not impersonate another person, attempt to provide or steal any aspects of another person’s identity, or provide information that does not belong to you.
  4. You must upload a valid credit card you have permission to use.
  5. You agree that you will upload an accurate, real, current and recognizable photograph of yourself for your profile picture; you must have a photograph meeting these stipulations uploaded to your account before a Fantaskey Premium Member ID Card can be created and sent to you.
  6. You will not provide your password or login details to someone else, let anyone else access your account, or do anything else that could potentially impact the security of your account or Our Website.
  7. You will not provide any false information. All information you provide will be true, current, and complete.
  8. You will not create an account for anyone other than yourself without permission.
  9. You will never use a credit card for payment or add a credit card to your profile that you do not have permission to use. You also agree you will not attempt to obtain credit card information or payment details from Our Website or from any user.
  10. You will keep your contact information accurate and up to date. If your email address or phone number change, you agree you will update your account on Our Website with the newly accurate information within 48 hours.
  11. You will not create an account or use Fantaskey if you are a convicted sex offender.
  12. You will not use your personal profile or timeline for commercial purposes. You must contact us and apply to become a Fantaskey Partner Business (for both companies and individual users) if you would like to use Fantaskey for commercial purposes.
  13. If we ban you from Our Website and/or disable your account, you will not attempt to create another account.
  14. You will not use our marks or intellectual property or any confusingly similar marks or intellectual property, unless you receive our express written permission. This applies to all worldwide forms of usage, both on Our Website and off of Our Website, without limitations.
  15. You will not attempt to gather any data or personal information from any users or from Our Website, without limitation, including but not limited to: sales data, credit card information, usage and visitor statistics, hosting information, user data, contact information, proprietary documents and/or information, and more.
  16. You will not post anyone’s sensitive financial information or identification documents on Our Website.
  17. You agree to comply with all Terms as a condition of using Our Website and understand that your access is contingent upon your cooperation and adherence to all requirements. You agree that determination of your adherence to all requirements is at our sole discretion.
  18. You will not infringe on someone else’s trademarks or intellectual property and you agree that we reserve the right to remove any content you post, and/or profiles you create, containing marks or intellectual property owned by another person if you are using it without permission.

 

  1. Safety and Conduct

We do our best to keep Fantaskey and everyone using Our Website safe, but we cannot guarantee it. We need your help to keep Fantaskey safe, which includes, but is not limited to, the following commitments by you.

  1. You will not access an account belonging to someone else, nor will you attempt to solicit login information.
  2. You will not bully, intimidate, or harass any user.
  3. You will not post unauthorized commercial content, communications or links of any kind (such as spam) on Our Website.
  4. You will not use Our Website to do anything unlawful, misleading, malicious, or discriminatory.
  5. You will not post viruses, malicious code, and/or malicious links.
  6. You will not do anything that could “crash” Our Website or cause damage to: Our Website or the reputation of Fantaskey, any Fantaskey Partner Business or Fantaskey Member.
  7. You will not collect users’ content or information, or otherwise access Fantaskey, using automated means (such as harvesting bots, robots, spiders, or scrapers).
  8. You will not post any violent or threating content. You also agree you will not post any content that may incite violence.
  9. You will not post content considered to be hate speech.
  10. You will not post any pornographic material, or any other content containing: nudity, graphic or gratuitous violence, or any drug (and/or drug paraphernalia) related material.
  11. You will not post any content or links related to, or supporting, terrorism.
  12. You will not do anything that could disable, overburden, or impair the proper working or appearance of Fantaskey. You will not do anything that may cause any harm to Our Website.
  13. You will only use Our Website to make legitimate purchases for yourself for your own use or for others as a gift.
  14. You will not use Our Website or any of its contents to advertise or solicit business for yourself, for any religious, dating, personal, commercial or political purpose, or to compete, directly or indirectly, with Fantaskey.
  15. You will not encourage or facilitate any violation of our Terms, nor will you engage in any violation of our Terms. You agree we retain the right to remove content you post and/or ban you from Our Website permanently, for any reason, without limitation, if we feel you have violated our Terms and/or the spirit of the Terms.
  16. You will not develop or operate a third-party application containing any Fantaskey content, marks, intellectual property, or links to Our Website, without express written permission from Fantaskey, Inc.
  17. You will not imply or explicitly indicate you have a relationship or affiliation with Fantaskey without first receiving our express written permission (you typically must become a Fantaskey Partner Business).
  18. Payments and Terms of Sale

You use Our Website to pay for offerings that are provided by Fantaskey Partner Businesses. Any descriptions of products, services, events or accommodations available for sale on Our Website are collaboratively created between us and our Fantaskey Partner Businesses. Fantaskey does periodically visit, investigate and vet all Fantaskey Partner Businesses, however we are not responsible for any claims associated with the description of any products or businesses or for any claims associated with your experience at any Fantaskey Partner Business. Some products sold on Our Website are physical products that require shipping. For most services, experiences and accommodations sold on Our Website, nothing will be shipped and you simply must show your digital proof of purchase at the Fantaskey Partner Business in order to be able to redeem the purchase you made on our site for the offering being offered at the third-party Fantaskey Partner Business. You agree that we reserve the right to make some offerings only available to Fantaskey Premium Members and that Fantaskey Partner Businesses reserve all rights to require you to provide them with your physical Fantaskey Member ID Card, proof of purchase, and/or proof of Fantaskey Premium Membership before they provide any services, products, experiences and/or accommodations and they have the right to refuse service and/or any Fantaskey Premium Member benefits if you fail to provide the requested materials or if you provide fraudulent materials. YOU WILL NOT ATTEMPT TO REDEEM ANY SERVICE, EXPERIENCE, VOUCHER, ACCOMMODATION, OR OTHER PURCHASE MADE ON OUR WEBSITE MORE THAN ONE TIME (unless it is explicitly stated you are permitted to do so) AND YOU WILL NOT ATTEMPT TO CREATE, DISTRIBUTE, OR SOLICIT FRAUDULENT MATERIALS IN ANY WAY, WITHOUT LIMITATION. We will explicitly state if any products, services, experiences or accommodations are provided and sold directly by us, rather than Fantaskey Partner Businesses (an example is our Fantaskey Premium Membership). In addition to our Terms and conditions of use for Our Website, there are additional requirements you agree to (“Payment Terms”) in order to be permitted to use Our Website and/or to make payments on Our Website. You agree to our Payment Terms and our Terms by making any payment on Our Website, without limitation, unless it is stated that other terms apply. Below are some of the additional commitments you make to us regarding payments.

  1. You agree to only provide valid payment methods. Valid payment methods include credit cards, debit cards, valid Fantaskey gift cards, and other payment methods.
  2. You agree you have permission to use any payment method you provide to Fantaskey.
  3. You will not use any stolen or fraudulent payment information on our website.
  4. You are responsible for paying attention to all details of a transaction, including price, taxes, fees, and shipping costs, all of which you are responsible for paying.
  5. You are responsible for knowing and agree to comply with all additional terms and conditions that may apply to any purchase you make, without limitation, including: location of business, proof of purchase requirements, date and time-specific reservations, dress codes, service requirements and limitations, and all requirements of any individual purchases and/or Fantaskey Partner Business.
  6. No Warranties. You acknowledge that all services, products, experiences and accommodations you choose to purchase on Our Website are sold and provided by third-party merchants, not by Fantaskey, Inc. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH OUR WEBSITE.
  7. You agree we reserve the right to use third-party payment processors, without limitation. We also reserve the right to handle all payments on our own. We can change or amend our payment processing systems without notice at any time.
  8. Cancelled orders may be refunded if they meet the cancellation requirements for the specific product. It will be determined at the sole discretion of Fantaskey if a refund will be awarded.
  9. Physical products may be returned and refunded. However, you are responsible for paying all shipping fees unless we specifically indicate otherwise.
  10. No refunds will be issued for any purchases of event ticket sales or for any time and/or date-specific product sales if the event proceeds as scheduled. All decisions to award or decline a refund shall be determined solely by Fantaskey, Inc.
  11. For event tickets sold on Our Website we guarantee you a full refund if: the event is cancelled, the ticket does not provide you admission to the event for which it was sold, the ticket is counterfeit or does not conform to its advertised description.
  12. We will notify you by email, text message or direct message in your account if an offer becomes unavailable between ordering and processing and we will either cancel or not process the order.
  13. We are not considered a health and wellness provider and Our Website is not considered a substitute for professional advice including, without limitation, medical advice, diagnosis, referral or treatment.
  14. We reserve the right to maintain a points/rewards program and to award rewards points (“Fantaskey Rewards Points” or “rewards points”) to you for certain purchases and actions and we also can, in our sole discretion, amend or remove the rewards points program from Our Website. We also reserve the right to manually remove any or all rewards points from your account if we determine you have violated any of our Terms. No points you receive can ever be refunded for cash value, even if you terminate your account. You agree you will not attempt to obtain, distribute or redeem any rewards points through nefarious means, including “hacking” or using codes that do not belong to you.
  15. We are not liable or in any way responsible, directly or indirectly, without limitation, for any damage, loss, or liability caused, or alleged to be caused, by or in connection with any payments or purchases made on Our Website or at any Fantaskey Partner Business.
  16. You will only use Our Website to make legitimate, bona fide purchases.
  17. Fantaskey Partner Businesses are solely responsible for all products, experiences, services, event tickets, and/or accommodations they provide.
  18. We reserve the right to add applicable charges for sales tax and delivery to all orders.

 

  1. Fantaskey Premium Memberships

Being a Fantaskey Premium Member is the only way to receive everything Fantaskey has to offer: many of the perks, benefits, privileges, experiences, products and content available on Our Website and at our Fantaskey Partner Businesses are available exclusively to Fantaskey Premium Members. In addition to receiving a personalized card (“Fantaskey Premium Member ID Card” or “membership card,”) which identifies you as a Fantaskey Premium Member, you make certain commitments to us and agree to additional terms when you choose to become a Fantaskey Premium Member (“Fantaskey Premium Member Terms”) and you agree you will adhere to these requirements in addition to all other Terms. You also agree that we reserve full rights, without limitation, to revoke your Fantaskey Premium Membership and/or ban you from Our Website permanently if we determine, at our sole discretion, you have violated the Terms of Our Website or Fantaskey Premium Member Terms, the terms of any other website or Fantaskey Partner Business, or if you have broken any laws in connection with your use of Our Website or any product, experience, benefit/perk, accommodation or service available at any Fantaskey Partner Business. Below are some of the additional stipulations you agree to adhere to when you become a Fantaskey Premium Member.

  1. You agree that you are the only person permitted to use your Fantaskey Premium Member status, benefits, and Fantaskey Premium Member ID Card.
  2. You will not provide fraudulent or false information.
  3. You will always provide your proof of Fantaskey Premium Member status and/or Fantaskey Premium Member ID Card when asked to do so at any Fantaskey Partner Business, event or promotion.
  4. You agree the image of yourself that you elect to use for your membership card will be accurate, current and recognizable.
  5. You are not allowed to make any purchases for the purpose of resale.
  6. You will not provide your discount or coupon codes, shipping codes or discounts, perks and benefits, or member’s only content to any other person, regardless of if they have already purchased their own membership or not, without limitation.
  7. Fantaskey may determine, in our sole discretion, to add or remove Fantaskey Premium Member benefits.
  8. You may only receive a refund for your Fantaskey Premium Membership within 72 hours of purchase provided you have not made any purchases or taken advantage of any Fantaskey Premium Member offers, perks, benefits or events. No refunds will be issued once you have taken advantage any Fantaskey Premium Member benefits or made any purchases. We may, in our sole discretion, elect to give refunds in certain situations.
  9. We are not liable or in any way responsible, directly or indirectly, without limitation, for any damage, loss, or liability caused, or alleged to be caused, by or in connection with any Fantaskey Partner Business, by your use of Our Website or by you being a Fantaskey Premium Member.
  10. We may change these Fantaskey Premium Member Terms, the overall Terms of Our Website, or our Privacy Policy at any time and without notifying you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
  11. You are fully responsible for understanding, agreeing to and paying any fees or costs associated with being a Fantaskey Premium Member.
  12. We may send you emails, text messages and communications on Our Website regarding your Fantaskey Premium Membership regardless of your account settings.
  1. Fantaskey Partner Businesses

Our Fantaskey Partners Businesses are crucial pieces of our connection community and thus we created some special terms (“Fantaskey Partner Business Terms”) which all Fantaskey Partner Businesses agree to abide by. The Fantaskey Partner Business Terms will not be provided to the public and are only made available to those businesses/individuals we select to become Fantaskey Partner Businesses as the Fantaskey Partner Business Terms are all directly relating to proprietary information, processes and intellectual property, all of which is shared exclusively between Fantaskey and our Fantaskey Partner Businesses. Fantaskey Partner Businesses shall be approved, denied, suspended and/or terminated, without limitation, at the sole discretion of Fantaskey, Inc. We reserve the right to change our Fantaskey Partner Business Terms without notice. Your continued partnership with Fantaskey after we change Fantaskey Partner Business Terms constitutes your acceptance of the changes. If you disagree with any of the overall Terms of Our Website, or the Fantaskey Partner Business Terms, your only recourse is to end your partnership with Fantaskey and to discontinue your use of Our Website.

  1. Shipping

We reserve the right to charge for shipping anytime you purchase products that require shipping and all prices are determined by us, in our sole discretion, and can be raised, lowered or eliminated at any time. We may choose to offer free shipping on certain products. We also may choose to offer exclusive shipping discounts to certain customers. If we provide shipping estimates or estimated arrival times these are intended to only be considered estimates and not guarantees. We will do our best to make it clear to you what shipping options are available for any products you purchase from us that require shipping, however you are solely responsible for understanding and paying all shipping charges you incur.

  1. Electronic Communications

When you use Our Website, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, text messages, or notices and messages on Our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  1. Other Websites

Our Website contains links, or references, to other websites. We may post these links or references. You and other users also may post links to other websites on Our Website. We reserve the right, without limitation, to remove any link you post if we feel it violates the Terms of Our Website in any way. You agree we hold no liability for any content, descriptions, information, interactions, product sales, uses, terms, privacy policies and/ or disputes on other websites. We are not liable or in any way responsible, directly or indirectly, without limitation, for any damage, loss, or liability caused, or alleged to be caused, by or in connection with any use, product, service, or content on linked websites or references. If you decide to access websites maintained by other parties, you do so at your own risk. You are encouraged to read the terms and conditions of use, as well as privacy policy, on any website you visit and you agree that you are solely responsible for understanding the content on other websites.

  1. Disclaimer of Warranties and Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE ARE PROVIDED BY FANTASKEY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FANTASKEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE IS AT YOUR SOLE RISK. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A FANTASKEY PARTNER BUSINESS OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY FANTASKEY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FANTASKEY, ITS SUBSIDIARIES, FANTASKEY PARTNER BUSINESSES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, OUR WEBSITE OR OTHER SERVICES.TO THE FULL EXTENT PERMISSIBLE BY LAW, FANTASKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FANTASKEY DOES NOT WARRANT THAT OUR WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, CONTENT PROVIDERS OR ELECTRONIC COMMUNICATIONS SENT FROM FANTASKEY ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FANTASKEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ANY FANTASKEY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT WILL FANTASKEY’S LIABILITY IN CONNECTION WITH A FANTASKEY PARTNER BUSINESS OR SHOP OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE EVENT TICKET, PRODUCT, ACCOMMODATION OR SERVICE.THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A FANTASKEY PARTNER BUSINESS OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY FANTASKEY THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

 

  1. Indemnification/ Release

You are solely responsible for your interactions with any Fantaskey Partner Business and all users of Our Website. To the extent permitted by applicable laws, you hereby release Fantaskey from any and all claims or liability related to any product or service of a Fantaskey Partner Business, regardless of whether such product or service is available through Our Website, any action or inaction by a Fantaskey Partner Business, including, without limitation, but not limited to any harm caused to you by action or inaction of a Fantaskey Partner Business, a Fantaskey Partner Business’s failure to comply with applicable law and/ or failure to abide by our Terms or any other product or service or accommodation purchased or obtained by you from the Fantaskey Partner Business, and any conduct, speech or content, whether online or offline, of any third-party.

 

  1. Force Majeure

Fantaskey shall be excused from performance under these Terms and conditions of use, to the extent it or a Fantaskey Partner Business is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Fantaskey, Inc. or a Fantaskey Partner Business, as applicable.

 

  1. Disputes

Any dispute or claim relating in any way to your use of Our Website, or to any services, experiences or products distributed by Fantaskey or through Fantaskey.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims quality. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review or an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow all conditions of these Terms as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  1. Applicable Law

By using Our Website or any Fantaskey Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and conditions of use.

  1. Other

If we fail to enforce any portion of these Terms and conditions of use it will not be considered a waiver. Nothing in this statement shall prevent us from complying with the law. If any portion of our Terms are found to be unenforceable, the remaining portion will remain in full force and effect. This contract does not confer beneficiary rights. You will comply with all applicable laws when using or accessing Our Website. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You will not transfer any of your rights or obligations under these Terms to anyone else without our express written permission. Any attempted assignment that does not comply with these Terms shall be null and void. Fantaskey reserves the right to assign these terms, in whole or in part, to any third-party in our sole discretion. We reserve all rights not expressly granted to you.

The provisions of these Terms and conditions of use apply equally to, and are for the benefit of, Fantaskey, its subsidiaries, affiliates, Fantaskey Partner Businesses, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

This is a binding agreement between you and Fantaskey, Inc., a Colorado corporation. Any correspondence should be directed to: Fantaskey, Inc., P.O. Box 2060, Englewood, CO, 80150. Or, you can reach us via email at support@fantaskey.com