Terms and Conditions
TERMS AND CONDITIONS
1. INTRODUCTION AND ACCEPTANCE
1.1 Binding Agreement
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Fantasia Forge LLC (the "Company," "Owner," "we," "us," or "our"), governing your access to and use of the fantasiafantasies.com website and all related services, applications, and content (collectively, the "Service").
1.2 Acceptance
BY ACCESSING OR USING THE SERVICE IN ANY MANNER, INCLUDING REGISTERING AN ACCOUNT, BROWSING THE WEBSITE, OR UPLOADING CONTENT, YOU ("USER") AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
1.3 Amendments
The Owner reserves the right to modify these Terms at any time at its sole discretion. Any modifications will be effective immediately upon posting the updated Terms on the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for regularly reviewing these Terms.
1.4 Electronic Communications
By using the Service, you consent to receive communications from us electronically, including emails, texts, mobile push notices, or notices and messages on the Service, and 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.
1.5 Cancellation and Refunds
By registering for an account or using the Service, you hereby acknowledge that you have read, understood, and agree to be bound by and comply with the terms and conditions set forth in our Cancellation and Refunds Policy, which is hereby incorporated into these Terms by reference and forms an integral part of your agreement with the Company: https://fantasiafantasies.com/posts/cancellation-and-refunds-policy.
Your continued use of the Service constitutes ongoing acceptance of any modifications to such policy as may be updated from time to time.
2.1 Written Agreement Requirement
The Owner enters into this written agreement with each Model (content provider) who uploads Content to the Service. By registering as a Model and uploading Content, you agree to be bound by this Content Provider Agreement in addition to all other provisions of these Terms.
2.2 Identity and Age Verification Requirements
2.2.1 Content Provider Verification
The Owner shall only permit Content uploads from verified Models. All Models must undergo a robust verification process including:
- Submission of valid government-issued photo identification
- Verification of legal name, date of birth, and current address
- Additional documentation as requested by the Owner
- Periodic re-verification as determined by the Owner
2.2.2 Depicted Persons Verification
Models must verify the identity and age of all persons depicted in any Content to ensure that all depicted persons are adults (18 years of age or older). Models must:
- Obtain and maintain copies of valid government-issued photo identification for all depicted persons
- Verify that all identification documents are authentic and current
- Provide supporting documentation to the Owner upon request
- Maintain records in accordance with applicable laws and regulations
2.3 Consent Requirements
Models must obtain and keep on record written consent from all persons depicted in any Content. Such consent must be specific to the following areas:
2.3.1
Consent to be depicted in the Content;
2.3.2
Consent to allow for the public distribution of the Content and to upload the Content to the Owner's website;
2.3.3
If the Content will be made available for downloading by Users, consent to have the Content downloaded;
2.3.4
Consent to the transfer of ownership of the Content to the Owner as specified in these Terms.
2.4 Prohibited Activities
Models agree that they will not engage in any activity that is illegal or otherwise violates these Terms, including but not limited to:
2.4.1
Creating, uploading, or distributing Content depicting persons under 18 years of age;
2.4.2
Creating, uploading, or distributing Content without proper consent from all depicted persons;
2.4.3
Creating, uploading, or distributing Content that depicts illegal activities or non-consensual activities;
2.4.4
Using misleading or false information in connection with Content creation or distribution.
2.5 Content Review and Publication Standards
2.5.1 Pre-Publication Review
All uploaded Content must be reviewed and approved by the Owner before publication. The Owner reserves the right to:
- Reject any Content that does not meet the Owner's standards
- Request additional documentation or verification before approving Content
- Remove any Content that violates these Terms or applicable law
2.5.2 Marketing and Search Standards
The Owner will not market Content or permit Content search terms in such a way as to give the impression that the Content contains child exploitation materials or the depiction of non-consensual activities.
2.6 Complaint and Appeal Process
2.6.1 Complaint Process
The Owner maintains a complaint process that allows for the reporting of Content that may be illegal or otherwise violates these Terms. Users may report such Content by contacting contact@fantasiafantasies.com with detailed information about the alleged violation.
2.6.2 Content Removal Appeals
Any person depicted in Content has the right to appeal to have such Content removed from the Service. Such appeals may be submitted to contact@fantasiafantasies.com and will be reviewed in accordance with the Owner's policies and applicable law.
2.7 Compliance and Enforcement
Models acknowledge that compliance with this Content Provider Agreement is essential for maintaining the legal operation of the Service. Violation of any provision of this Agreement may result in immediate termination of the Model's account and forfeiture of any outstanding payments.
2.8 Additional Agreement
In additional to all the information and requirements mentioned in this section, the Content Providers (Creators/Models) agree to all the definitions, terms, conditions, prohibitions, and compliance requirements mentioned in the separate "Content Provider Agreement" page on fantasiafantasies.com at https://fantasiafantasies.com/posts/agreement-doc.
3. DEFINITIONS
3.1 "Client" or "Viewer"
Refers to any User who registers for the purpose of viewing, purchasing, or otherwise accessing content uploaded by Models.
3.2 "Content"
Refers to all material, information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials uploaded, posted, displayed, performed, or otherwise made available through the Service, whether publicly posted or privately transmitted.
3.3 "Intellectual Property Rights"
Refers to any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
3.4 "Model"
Refers to any User who registers for the purpose of creating, uploading, or otherwise providing Content to the Service for viewing by Clients.
3.5 "User"
Refers to any individual who accesses or uses the Service, including both Models and Clients.
4. ELIGIBILITY AND REGISTRATION
4.1 Age Restriction
The Service is intended solely for individuals who are at least eighteen (18) years of age and have reached the age of majority in their respective jurisdiction. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. If you are under 18 years of age, you must not access or use the Service under any circumstances.
4.2 Account Registration and Security
4.2.1 Account Creation
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2.2 Account Security
You are solely responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify the Owner immediately of any unauthorized use of your account or any other breach of security. The Owner will not be liable for any loss or damage arising from your failure to comply with this section.
4.2.3 One Account Per User
Each User may maintain only one account. Accounts are non-transferable and may not be sold, combined, or otherwise shared with any other person. If the Owner detects or suspects fraudulent, abusive, or illegal activity, the Owner reserves the right to immediately terminate all accounts associated with such activity.
4.3 Model Verification
4.3.1 Required Documentation
All Models must provide valid government-issued identification proving they are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. Models must also provide any additional documentation requested by the Owner for verification purposes.
4.3.2 Ongoing Verification
Models agree to participate in ongoing verification processes as determined by the Owner, which may include periodic re-verification of identity and age.
4.3.3 Third-Party Performers
Models must obtain and maintain written documentation confirming that any third party appearing in Content uploaded to the Service (i) is at least eighteen (18) years of age, (ii) has consented to appear in such Content, and (iii) has consented to the distribution of such Content on the Service. Models must provide copies of such documentation to the Owner upon request.
5. CONTENT OWNERSHIP AND RIGHTS
5.1 Content Ownership
5.1.1 Transfer of Ownership
By uploading, posting, displaying, performing, or otherwise making available any Content on or through the Service, Models hereby irrevocably transfer, assign, and convey to the Owner all right, title, and interest in and to such Content worldwide, including without limitation all copyrights, trademarks, and other Intellectual Property Rights therein. This transfer of ownership is exclusive, perpetual, irrevocable, worldwide, and royalty-free, except for the compensation described in Section 7 of these Terms.
5.1.2 Waiver of Rights
To the fullest extent permitted by applicable law, Models hereby waive all moral rights, rights of attribution, and any other similar rights with respect to Content uploaded to the Service.
5.1.3 Work Made for Hire
To the extent that any Content created by Models does not qualify as an effective transfer of ownership under applicable law, Models agree that such Content shall be deemed a "work made for hire" for the Owner as that term is defined under the U.S. Copyright Act, and all ownership rights, including copyright, shall vest automatically in the Owner.
5.1.4 Further Assurances
Models agree to execute any documents and take any actions necessary to effectuate the Owner's ownership of all Content as set forth in these Terms, at the Owner's expense.
5.2 Content License to Users
The Owner grants to Clients a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely for their personal, non-commercial use in accordance with these Terms and any additional terms of purchase or subscription applicable to specific Content. This license does not include the right to download (except for personal, temporary viewing), copy, modify, distribute, perform, broadcast, publish, reproduce, transmit, display, sell, license, or exploit any Content.
5.3 Prohibited Content
Users agree not to upload, post, display, perform, or otherwise make available any Content that:
5.3.1
Depicts any person under eighteen (18) years of age;
5.3.2
Infringes, misappropriates, or violates any third party's Intellectual Property Rights or other rights;
5.3.3
Violates any law, regulation, or contractual obligation;
5.3.4
Is false, misleading, fraudulent, or deceptive;
5.3.5
Contains any viruses, malware, trojan horses, or other harmful code;
5.3.6
Promotes illegal activity, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
5.3.7
Is threatening, abusive, harassing, defamatory, libelous, slanderous, or otherwise objectionable;
5.3.8
Advocates or promotes bestiality, incest, necrophilia, or non-consensual sexual activities;
5.3.9
Depicts extreme violence, unlawful weapons, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, genital mutilation, or bestiality;
5.3.10
Is obtained without appropriate consent or documentation from all individuals depicted; or
5.3.11
Otherwise breaches these Terms.
5.4 Content Monitoring and Removal
5.4.1 Content Screening
All Content is subject to screening and approval by the Owner before it becomes available on the Service. The Owner reserves the right to decline any Content in its sole discretion.
5.4.2 No Obligation to Monitor
While the Owner may screen Content as described above, the Owner has no obligation to monitor any Content and does not guarantee that harmful, inaccurate, offensive, or objectionable Content will be identified or removed.
5.4.3 Removal Rights
The Owner reserves the right, but has no obligation, to remove, disable, restrict access to, or otherwise moderate any Content at any time, without prior notice and in its sole discretion, for any or no reason, including but not limited to a violation of these Terms.
6. USER OBLIGATIONS
5.1 Obligations of All Users
All Users must:
5.1.1
Comply with all applicable laws, regulations, and these Terms;
5.1.2
Maintain the confidentiality of any login information associated with their account;
5.1.3
Promptly notify the Owner of any unauthorized use of their account or any other breach of security;
5.1.4
Not use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service;
5.1.5
Not use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
5.1.6
Not introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
5.1.7
Not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; and
5.1.8
Not use the Service in connection with any commercial endeavors, including promoting or advertising products or services, sales, or content that is produced for commercial gain.
5.2 Additional Obligations for Models
In addition to the obligations applicable to all Users, Models must:
5.2.1
Represent and warrant that they are the sole creator and owner of all Content they upload, post, display, perform, or otherwise make available on or through the Service, or have obtained all necessary rights, licenses, consents, and permissions to use and to authorize the Owner to use all Intellectual Property Rights in and to such Content;
5.2.2
Obtain and maintain written documentation confirming that each person depicted in any Content is at least eighteen (18) years of age and has consented to (i) being depicted in such Content, and (ii) the transfer of ownership and distribution of such Content as outlined in these Terms;
5.2.3
Maintain activity standards as communicated by the Owner, which may include minimum upload frequencies, engagement requirements, or other metrics;
5.2.4
Comply with all policies, guidelines, and procedures established by the Owner for Models, as may be updated from time to time;
5.2.5
Not use the Service to solicit or arrange in-person meetings for the purpose of engaging in any illegal activity, including prostitution; and
5.2.6
Not record or broadcast Content from any public place where members of the public are reasonably likely to see the Content being created.
5.3 Additional Obligations for Clients
In addition to the obligations applicable to all Users, Clients must:
5.3.1
Use Content accessed through the Service only for personal, non-commercial use;
5.3.2
Not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, rent, lease, loan, sublicense, or otherwise exploit any Content obtained through the Service;
5.3.3
Not bypass any technological measure implemented by the Owner to restrict the manner in which Content may be viewed, or to otherwise protect the Intellectual Property Rights in Content;
5.3.4
Not harass, threaten, intimidate, or otherwise engage in any harmful or objectionable interactions with Models; and
5.3.5
Comply with any additional terms applicable to subscriptions, purchases, or other transactions.
7. PAYMENTS AND FEES
7.1 Model Compensation
7.1.1 Commission Structure
Models will earn a stipulated commission of the revenue generated from their Content, as specified in separate commission agreements or as communicated by the Owner. Such commission represents the entire consideration due to Models for the transfer of ownership rights to their Content under Section 5.1 and for all services provided through the Service.
7.1.2 Payment Processing
Model payments will be processed according to the payment schedule established by the Owner, provided that the Model has met all activity requirements and other conditions for payment. The Owner reserves the right to withhold payments for inactivity, suspected fraudulent activity, or violation of these Terms.
7.1.3 Taxes
Models are solely responsible for all tax obligations arising from payments received from the Owner. The Owner may withhold taxes from payments where required by applicable law.
7.2 Client Payments
7.2.1 Payment Methods
The Owner may offer various payment methods to Clients for accessing Content, including subscriptions, pay-per-view, tips, or other payment structures. All payments are processed through third-party payment processors selected by the Owner.
7.2.2 Pricing and Terms
All pricing, payment terms, and refund policies applicable to Client payments will be displayed at the point of purchase or as otherwise communicated by the Owner. The Owner reserves the right to change pricing and payment terms at any time.
7.2.3 Automatic Renewal
Subscription-based services may automatically renew for successive periods unless canceled by the Client prior to renewal. By enrolling in any subscription service, Clients authorize the Owner to charge their payment method on a recurring basis for the subscription fee plus any applicable taxes.
7.2.4 No Refunds
All purchases are final and non-refundable, except as required by applicable law or as otherwise determined by the Owner in its sole discretion.
7.3 General Payment Terms
7.3.1 Currency
All payments to and from the Service will be processed in the currency specified by the Owner.
7.3.2 Payment Disputes
Any disputes regarding payments must be submitted to the Owner within thirty (30) days of the disputed transaction. The Owner's decision regarding payment disputes shall be final and binding.
7.3.3 Payment Processors
The Owner reserves the right to change payment processors at any time. Users are responsible for complying with the terms of service of any payment processor used by the Owner.
8. INTELLECTUAL PROPERTY AND DMCA SAFE HARBOR
8.1 Company Intellectual Property
The Service, including all content, features, and functionality thereof not consisting of User-uploaded Content (including but not limited to all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel), are owned by the Owner, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 Limited License to Company Intellectual Property
Subject to your compliance with these Terms, the Owner grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your personal, non-commercial use.
8.3 Restrictions
Except as expressly permitted in these Terms, you may not:
8.3.1
Modify, reproduce, distribute, create derivative works or adaptations of, publicly display or perform, republish, download, store, transmit, sell, rent, lease, loan, or exploit the Service or any material on the Service;
8.3.2
Decompile, disassemble, reverse engineer, or attempt to derive the source code of any part of the Service;
8.3.3
Remove any copyright, trademark, or other proprietary notices from the Service;
8.3.4
Mirror or frame any part of the Service on any other server or wireless or Internet-based device; or
8.3.5
Access or use the Service to build a similar or competitive website, product, or service.
8.4 Trademarks
The Owner's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Owner or its affiliates or licensors. You may not use such marks without the prior written permission of the Owner.
8.5 DMCA Safe Harbor Provisions
8.5.1 DMCA Compliance
The Owner has designated a DMCA agent to receive notices of alleged copyright infringement pursuant to 17 U.S.C. § 512. Copyright holders who believe their works have been reproduced on the Service without authorization may submit a takedown notice to the designated agent at contact@fantasiafantasies.com.
8.5.2 Notice and Takedown
Upon receipt of a valid DMCA takedown notice, the Owner will expeditiously remove or disable access to the allegedly infringing material. Users whose content has been removed may submit a counter-notice if they believe the content was removed by mistake or misidentification.
8.5.3 Repeat Infringer Policy
The Owner has adopted and reasonably implemented a policy of terminating, in appropriate circumstances, Users who are repeat infringers of copyrighted material.
8.5.4 Standard Technical Measures
The Owner accommodates and does not interfere with standard technical measures used by copyright owners to protect their works, provided such measures are reasonable under the circumstances.
9. REPRESENTATIONS AND WARRANTIES
8.1 User Representations and Warranties
You represent and warrant that:
8.1.1
You are at least eighteen (18) years of age and have the legal capacity to enter into these Terms;
8.1.2
Your use of the Service will comply with these Terms and all applicable laws, rules, and regulations;
8.1.3
Any information or documentation you provide to the Owner is accurate, complete, and not misleading; and
8.1.4
You have the right, authority, and capacity to enter into these Terms and to abide by and comply with all of the terms and conditions of these Terms.
8.2 Additional Model Representations and Warranties
If you are a Model, you further represent and warrant that:
8.2.1
You are the sole creator and owner of all Content you upload to the Service, or you have obtained all necessary rights, licenses, consents, and permissions to use and to authorize the Owner to use all Intellectual Property Rights in and to such Content as specified in these Terms;
8.2.2
All individuals depicted in your Content are at least eighteen (18) years of age;
8.2.3
You have obtained and will maintain written documentation confirming that each person depicted in your Content has consented to (i) being depicted in such Content, and (ii) the transfer of ownership and distribution of such Content as outlined in these Terms;
8.2.4
Your Content does not violate the privacy, publicity, intellectual property, or other rights of any person; and
8.2.5
The use and transfer of ownership of your Content as contemplated by these Terms will not violate any law, regulation, or contractual obligation.
10. DISCLAIMER OF WARRANTIES
10.1
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
10.2
THE OWNER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
10.3
THE OWNER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
10.4
THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10.5
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OWNER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10.6
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. LIMITATION OF LIABILITY
11.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11.2 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE OWNER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
11.3 Essential Purpose
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE OWNER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
12.1 User Indemnification
You agree to defend, indemnify, and hold harmless the Owner, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
12.2 Third-Party Claims
Without limiting the foregoing, you agree to indemnify and hold the Owner harmless from any claims, liability, damages, or costs arising from any Content you upload or your interactions with other Users, including but not limited to claims alleging invasion of privacy, defamation, harassment, or any violation of applicable law.
13. DISPUTE RESOLUTION
13.1 Mandatory Arbitration
Except for disputes relating to the Owner's intellectual property rights or where prohibited by applicable law, any dispute or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") shall be settled by binding arbitration, rather than in court, in accordance with the rules of the American Arbitration Association ("AAA") then in effect.
13.2 Arbitration Procedures
The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules. The arbitration shall be conducted in Texas, unless you and the Owner mutually agree to conduct the arbitration by telephone or other remote electronic means. Each party shall bear its own costs (including attorneys' fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party costs and expenses (including reasonable attorneys' fees).
13.3 Class Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
13.4 Exception for Small Claims Court
Notwithstanding the foregoing, either you or the Owner may bring an individual action in small claims court.
13.5 Right to Opt Out
You have the right to opt out of the mandatory arbitration provisions of this Section by sending written notice of your decision to opt out to the following address: contact@fantasiafantasies.com within thirty (30) days after first becoming subject to this arbitration provision. Your notice must include your name and address, the email address you used to set up your account, and a clear statement that you want to opt out of this arbitration provision.
13.6 Survival
This arbitration agreement will survive the termination of your relationship with the Owner.
14. SECTION 230 IMMUNITY AND PLATFORM PROTECTIONS
14.1 Section 230 Protections
The Owner operates as an interactive computer service provider and publisher under 47 U.S.C. § 230 and is not the publisher or speaker of any information provided by another information content provider on the Service. The Owner retains all protections available under Section 230 of the Communications Decency Act.
14.2 Content Moderation
The Owner may, in good faith and without liability, restrict access to or availability of material that the Owner considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, regardless of whether such material is constitutionally protected.
14.3 No Editorial Responsibility
The Owner exercises no editorial control over User Content and shall not be deemed to have knowledge of the existence of any unlawful activity or material based solely on the fact that the Owner provides access to the Service.
15. TERMINATION
15.1 Termination by the Owner
The Owner may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease, but all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15.2 Effect of Termination
Upon termination of your account:
15.2.1
You will no longer have access to the Service;
15.2.2
The Owner will retain ownership of all Content you uploaded to the Service prior to termination;
15.2.3
The Owner may, in its sole discretion, delete or retain any Content associated with your account;
15.2.4
Any outstanding payments owed to you at the time of termination may be forfeited if termination is due to your breach of these Terms; and
15.2.5
You will remain liable for any obligations incurred prior to termination.
15.3 Termination by User
You may terminate your account at any time by contacting the Owner. Termination of your account does not relieve you of any obligations to pay any outstanding fees or other amounts owed to the Owner.
16. GENERAL PROVISIONS
16.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.
16.2 Venue and Jurisdiction
Subject to Section 13 (Dispute Resolution), all legal actions arising under these Terms shall be brought exclusively in the state or federal courts located in Texas, and you hereby consent to the personal jurisdiction of such courts.
16.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16.4 Waiver
No waiver by the Owner of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Owner to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
16.5 Assignment
The Owner may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without the prior written consent of the Owner. Any attempted assignment in violation of this section shall be void.
16.6 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices and agreements published by the Owner via the Service, shall constitute the entire agreement between you and the Owner concerning the Service and supersede all prior or contemporaneous communications, representations, agreements, and understandings, both written and oral, with respect to the Service.
16.7 Notices
All notices given by you to us must be given to the Owner at contact@fantasiafantasies.com. The Owner may give notice to you by sending an email to the email address you provided in your account, by posting a notice on the Service, or by sending notice via certified or registered mail to any address provided by you. Notice shall be deemed given twenty-four (24) hours after email is sent or a notice is posted on the Service, or three (3) days after the date of mailing.
16.8 Force Majeure
The Owner shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Owner's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
16.9 Relationship of the Parties
Nothing in these Terms is intended to, or shall be deemed to, establish any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Owner.
16.10 Section Titles
The section titles in these Terms are for convenience only and have no legal or contractual effect.
16.11 Contact Information
Questions about these Terms should be sent to contact@fantasiafantasies.com.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY CEASE USING THE SERVICE.