You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
You are representing and warranting that:
you are of 13 years of age or older
If Fantasy Life determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service.
4.1 Registration– In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Fantasy Life has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Fantasy Life may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
4.2 Account Password and Security- At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Fantasy Life in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Fantasy Life of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Fantasy Life cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Fantasy Life is authorized to act on instructions received through the use of your Username and Password, and that Fantasy Life may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason. Fantasy Life may require you to change your Username or may unilaterally change your Username.
4.3 Communications and Information Practices- As a result of your registration for the Service, you may receive certain commercial communications from Fantasy Life. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Fantasy Life corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Fantasy Life reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site. The failure of Fantasy Life to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Fantasy Life (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
5.1 Service- Fantasy Life is a platform that allows users to send and receive messages and images publicly and in league chats.
5.2 League Chats- Fantasy Life makes it easy for you to add members of your fantasy leagues to league chats so that you can exchange messages with each other. YOU REPRESENT AND WARRANT TO FANTASY LIFE THAT EACH PERSON YOU ADD TO A LEAGUE CHAT HAS CONSENTED TO BE ADDED TO THE LEAGUE CHAT AND TO RECEIVE ADMINISTRATIVE MESSAGES FROM FANTASY LIFE AND MESSAGES FROM YOU AND ANYONE ELSE IN THE LEAGUE CHAT.
As part of the Service, Fantasy Life sometimes causes administrative messages to be sent to users. For example, upon adding a new member to a league chat, such new member will receive a welcome message, instructions on how to stop receiving messages. Fantasy Life may send other administrative messages as well. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE MESSAGES FROM FANTASY LIFE, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU ADD TO A LEAGUE CHAT HAS CONSENTED TO RECEIVE MESSAGES FROM FANTASY LIFE.
Fantasy Life administrators and moderators will attempt to remove or edit any generally objectionable material as quickly as possible. By agreeing to the Terms contained herein:
(i)You acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster and hence will not be held liable. Nor will Fantasy Life be held liable for any of the following features: posting GIF’s through Giphy; posting links on main feed; onboarding, inviting friends and finding friends from your contacts; discover, displaying most trending, recent and recommended posts or any of its other features.
(ii)You agree not to post any commercial solicitations or advertising for any products or services.
(iii)You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider and/or law enforcement authorities being informed). The IP addresses of all posts are recorded to aid in enforcing these conditions.
(iv)You agree that Fantasy Life webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit.
(v)You agree to any personal information you have entered being stored in a database. While this information will not be disclosed to any third party without your consent, Fantasy Life webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Fantasy Life. If you operate a league chat, post material to one, publicly post an image or text, comment on a post, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content.
By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by Fantasy Life. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Fantasy Life or for third parties.
You agree not to engage in any of the following prohibited activities:
(i)Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii)Using any automated system, including without limitation “robots,”“spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Fantasy Life servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii)Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
(iv)Transmitting spam, chain letters, or other unsolicited email;
(v)Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(vi)Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vii)Uploading invalid data, viruses, worms, or other software agents through the Service;
(viii)Collecting or harvesting any personally identifiable information, including account names, from the Service;
(ix) Using the Service for any commercial solicitation purposes;
(x) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(xi)Interfering with the proper working of the Service;
(xii)Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xiii)Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
(xiv)use artificial means, including creating multiple user accounts, to inflate your position and standing with the Fantasy Life leaderboards and community;
(xv)advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
(xvi)transfer your profile;
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Fantasy Life, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Fantasy Life be liable in any way for any User Content. You acknowledge that Fantasy Life may or may not pre-screen User Content, but that Fantasy Life and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Fantasy Life and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Fantasy Life’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service. With respect to User Content you submit or otherwise make available on or to the Service, you grant Fantasy Life an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Fantasy Life reserves the right, but has no obligation, to monitor disputes between you and other users.
YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FANTASY LIFE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FANTASY LIFE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FANTASY LIFE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
NEITHER FANTASY LIFE NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY 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 FANTASY LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL FANTASY LIFE’S OR OUR AFFILIATES’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO FANTASY LIFE FOR THE SOFTWARE OR SERVICE OR $50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
All title, ownership and intellectual property rights in and to the Service are owned by Fantasy Life or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Fantasy Life, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Fantasy Life has no control over such sites, applications and resources, you acknowledge and agree that Fantasy Life is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fantasy Life 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 site or resource.
Fantasy Life may periodically make updates to the Service. Disruptions to the Service are rare but may occur. Fantasy Life may terminate or suspend all or part of the Service and your Fantasy Life account immediately, without prior notice or liability, with or without cause effective immediately. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Fantasy Life account, you may contact us via email at firstname.lastname@example.org with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Fantasy Life regarding restoration of your account only via email@example.com.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). We may terminate without notice any User’s access to the Service if that user is determined to be a repeat infringer. If you believe that any content on the Service infringes any copyrights of yours, you or your authorized agent may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA.
This notification of claimed infringement must be a written communication provided to our designated agent and must include the following infringement: (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the right that is allegedly infringed. (b) Identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fantasy Life to locate the material. Our registered designated copyright agent to receive notifications of claimed infringement is: Philip A. Nicolosi. His contact information is: Philip A. Nicolosi, 6735 Vistagreen Way Suite 210, Rockford, IL 61107 Phone: (815) 314-0022 Email: DMCA@philnicolosilaw.com. Our full legal name and physical address is: Fantasy Life the App, Inc. 1301 6th Ave Fl 40, New York, NY 10019
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Our Customer Support Department is available via email firstname.lastname@example.org to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
15.2 Choice of Forum and Law- Except to the extent applicable law, if any, provides otherwise, and except as set forth below under the Arbitration and Class Action Waiver provision, all disputes arising out of or in any way related to this Agreement or the Service shall be brought exclusively in state or federal court in New York, New York. This Agreement, and all access to or use of the Service, shall be governed by New York law.
15.3 Binding Arbitratio- This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, and not by any state law concerning arbitration.
If you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) have a court or a jury decide the claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your claim(s) with claims of any other person or involving any other transaction.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Fantasy Life will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Fantasy Life will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
15.4 Effect of Arbitration Award- Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for: (1) any appeal right under the Federal Arbitration Act, 9 U.S.C. §§1 et seq. (the ”FAA”); and (2) claims involving more than $100,000. For claims involving more than $100,000, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider anew any aspect of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. The costs of any appeal will be borne in accordance with the paragraph below captioned “Location And Costs.”
15.5 Location and Costs- Any arbitration hearing that you attend will take place in a location that is reasonably convenient for you. If you cannot afford or otherwise do not want to pay the Administrator’s or arbitrator’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from the Administrator, we will consider in good faith any request by you for Fantasy Life to bear the cost of those fees. We will pay for our own attorneys, experts and witnesses and will pay the reasonable fees and charges of your attorneys, experts and witnesses if you win the arbitration, as determined by the arbitrator. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this Arbitration Provision enforceable.
15.6 Class Action Waiver- Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (2) act as a private attorney general in court or in arbitration; or (3) join or consolidate your Claims with claims of any other person or involving any other transaction, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding. The parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FANTASY LIFE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.7 Exception – Litigation of Intellectual Property and Small Claims Court Claims-Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
All data with the exception of the Content, including, without limitation, text, graphics, interactive features, logos, photos, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Service (collectively, the “Materials”) are the intellectual property of Fantasy Life, its licensors, and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark, and other laws, international conventions and proprietary rights. All ownership rights to the Materials remain with Fantasy Life, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to Fantasy Life or its affiliates and/or third party licensors. Except as expressly authorized by Fantasy Life, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials.
Subject to your compliance with these Terms, Fantasy Life grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Fantasy Life reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
Any Content transmitted through league chats or posted publicly is not representative of our opinions including our employees. Links may be transmitted in league chats or publicly, none of which are endorsed by or affiliated with us. Please use your discretion in following these links and utilizing the Service and keep in mind that all use is governed by the Terms.
By using Fantasy Life and submitting Content publically or to a league chat, you grant Fantasy Life a world-wide, royalty-free, perpetual, fully sublicenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, Fantasy Life has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in Fantasy Life’s opinion, violates any Fantasy Life policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Fantasy Life’s sole discretion. This may include modifying or stopping the Service in its entirety.
Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Fantasy Life as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Fantasy Life as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, us, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Fantasy Life acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
19.1 Entire Agreement- These Terms constitute the entire agreement between Fantasy Life and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Fantasy Life, or by the posting by Fantasy Life of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized.
19.2 Waiver and Severability of Terms- The failure of Fantasy Life to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
19.3 Statute of Limitations- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19.4 Section Titles- The section titles in the Terms are for convenience only and have no legal or contractual effect.
19.5 Communications- Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.