Last Updated: 21 July 2019
Fantasy Alpha LLC (“Fantasy Alpha”, “we” or “us”) is pleased to provide to you its editorial content, applications, websites, products and services (the “Services”). These terms govern your use and our provision of the Services on which these terms are posted, as well as Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Services.
This is an agreement (the “Agreement”) between you and Fantasy Alpha LLC, a Delaware limited liability company. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. These terms describe the limited basis on which the Services are available.
Supplemental terms and conditions may apply to some Services and are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective as of the “Last Updated” date at the beginning of this Agreement. If you do not agree to any change to these terms, you must discontinue using the Services.
We may immediately terminate this contract with respect to you (including your access to the Services) if you fail to comply with any provision of these terms.
The Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only.
Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services. We do not transfer title to any portion of the Services to you.
The Services are expected to change over time. If we make a material change to the Services, we will provide you with reasonable notice and you will be entitled to terminate this Agreement and discontinue using the Services.
We do not allow uses of the Services that are commercial or business-related, or that advertise or offer to sell products or services, or that solicit others.
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Service or connected network, or interfere with any person or entity’s use or enjoyment of any Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Services without our express written permission.
You may not circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Service in violation of any country’s export control and economic sanctions requirements. By acquiring services, content or software through the Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video or other content, which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload content that is defamatory, harassing, threatening, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your content; however, you grant us a non-exclusive, irrevocable and royalty-free worldwide license under all intellectual property rights to use, make available and exploit such content, in whole or in part, in all media formats, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your content in all manners contemplated by these terms. You agree to indemnify and hold us and our affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your content. You also agree not to enforce any rights to your content against us or our other authorized users.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review your content or communications sent through our Service, at any time and for any reason, including to ensure that your content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Services permit or require you to create an account to participate or to secure additional features. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
Disclaimers and Limitation on Liability
The Services are provided “as is” and “as available.” We disclaim all conditions, representations and warranties not expressly set out in these terms. We shall not be liable to you for indirect, incidental, special or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall we have any liability to you for any damages, losses or causes of action.
These disclaimers and limitations do not affect your rights as a consumer or purport to limit liability that cannot be excluded under the law in your usual place of residence.
Any dispute between us must be resolved by individual binding arbitration. Dispute includes any dispute, action or other controversy between you and us concerning the Services or these terms, whether in contract or other legal or equitable basis. You empower the arbitrator with the authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this Agreement, including the ability to arbitrate any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you must send to Fantasy Alpha a notice of dispute, which is a written statement that sets forth your name, address and contact information and the facts giving rise to the dispute. You must send any notice of dispute to Fantasy Alpha LLC, 249 West 11st Street, #1W, New York, NY 10014, USA. You will attempt to resolve a dispute through informal negotiation within ninety (90) days from the date the notice of dispute is sent. After ninety (90) days, we may commence arbitration.
If we do not resolve a dispute by informal negotiation as mutually agreed, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. You are giving up the right to litigate a dispute in court before a judge or jury. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.
You will not seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which you act or propose to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
You agree that any action at law or in equity arising out of or relating to these terms or the Services that is not subject to arbitration shall be filed in the state of New York, United States of America, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Nothing in these terms is intended to affect your rights under the law in your usual place of residence. If there is a conflict between those rights and these terms, your rights under applicable local law will prevail.
Last Updated: 21 July 2019
If you choose to use our Service, then you agree to the collection and use of information in relation to this Policy. The information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Policy.
Information Collection and Use
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information. The information that we request will be retained by us and used as described in this Policy.
The app does use third party services, including AdMob and Google Analytics, that may collect information used to identify you.
The privacy policies of third party service providers used by the app can be accessed through the following links:
· Google Analytics
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
• To facilitate our Service;
• To provide the Service on our behalf;
• To perform Service-related services; or
• To assist us in analyzing how our Service is used.
We want to inform users of this Service that these third parties may have access to your personal information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
We value your trust in providing us your personal information, thus we are striving to use commercially acceptable means of protecting it. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this information from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.