Acceptance of Terms of Service
These Terms of Service ("Agreement") constitute a binding legal agreement between you, an individual, and ("avfantasy.com ") regarding your use of avfantasy.com website at www.avfantasy.com (the "Site") and avfantasy.com free account service (the "Service"). Please read this Agreement carefully. By browsing or using the Site, or registering for or using the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Site or the Service.
The terms "you," "your," and "yours" refer to you, the individual using the Site or the Service. The terms "we," "us," and "our" refer to the Site and its Services.
Visitors to the Site may browse titles of avfantasy.com content and use a limited, revocable, nontransferable, non-commercial use end user license of the demonstration timed version of avfantasy.com's media technology. Subscribers to the Service may, in accordance with this Agreement, download titles, or portions of titles, to a single personal computer or other storage device in accordance with the description of the applicable services. User generated content features shall be at the discretion of avfantasy.com on a user by user basis.
You must be 18 years of age or older to use the Site or the Service. Use of the Site or the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement. The Site and the Service are not intended for those under the age of 18. You represent and warrant that you do not find pornographic materials offensive or indecent and that you will not allow any person other than yourself to utilize our services.
As your choice, you can register for a free account and maintain your personal information to the Service. In order to purchase products from your account, you must also enter a valid credit card number that is in your name, or that you are otherwise authorized to use, and select a third party payment processor to process your credit card transactions. When subscribing, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your free account and your use of the Service.
Your login account entitles you to access the Service solely for personal, non-commercial use, from a single computer at a time. You are solely responsible for all activities that occur through your account. You must not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security or the terms of this agreement.
Fees and Payment
Creating an account with us is free, there is no charge. By creating an account, you authorize avfantasy.com to email you sales, promotions, updates, etc... from time to time. You can easily unsubscribe from this service by clicking on the "Unsubscribe" link on the bottom of every email promotion. Your information is secure and never sold nor redistributed to any third parties. You are responsible for the pricing of merchandise that you order through the shopping cart. Taxes are applicable to residents that are buying and shipping products in State of California. If you received a product and changed your mind for another product, there will be a one time restocking fee for the return of unopened items. Re-shipping changed products back to you will cost whatever shipping fees apply.
Expired Credit Card and Other Billing Issues
If avfantasy.com does not receive payment from the selected payment processor in respect of your online orders for any reason, you will pay all amounts due upon demand and avfantasy.com may cancel your account. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, bounced checks, overdraft, insufficient funds, and over the credit limit fees.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) reproduce, distribute, prepare derivative works of, publicly perform, or use for any commercial purpose any content, or any portion of content, that is available on the Service or utilize any tool or content furnished by avfantasy.com through the Service for any purpose other than your personal end use; (b) use any automated tool to use the Service; (c) make available your access to the Service to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Site or Service; (e) use the Site or Service in a manner that threatens the integrity, performance, or availability of the Site or Service; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Service, or content that you download via the Service.
Modifications to the Service
avfantasy.com reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Without limiting the generality of the foregoing, avfantasy.com reserves the right to remove content from the site and from the scope of the Service without notice, to edit or delete any user generated content or to discontinue any feature allowing user generated content. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any feature thereof.
Term and Termination
Your free account remains active and secure on avfantasy.com servers indefinitely. You can request to terminates your account by emailing us directly. Terminating your account will deactivate your login, past purchases and account details.
You will remain liable for any past sales that incurred during the time your account was active, even after your account was terminated. avfantasy.com is not liable for any loss of data or any other information caused by any termination of your account. Please see "Disclaimer of Warranties" and "Limitation of Liability" below.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site, the content on the site and the Service. Except for the limited license described in "The Site and Service" above, no other rights are granted, either express or implied, to you.
As part of your free online account, you will have the unlimited ability to browse and/or buy any products found on the site. avfantasy.com reserves the right to remove and add any products from it's services for any reason that deems it to do so; for example licensing agreement changes from our partners and/or affiliates.
avfantasy.com reserves the right to discontinue any user account without notice and further reserves the right to curtail or suspend your ability to use the service without notice if avfantasy.com 's proprietory member tracking system has found that your username and password has been shared by multiple parties without consent.
avfantasy.com respects the intellectual property rights of others. If you believe that your work is available on the Site or Service in a way that constitutes copyright infringement, please contact avfantasy.com at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
avfantasy.com's designated agent for notice of copyright infringement can be reached at:
Attention: Copyright Compliance Officer
15810 E. Gale Ave. #136
City of Industry, CA 91745
If you provide feedback to us regarding the Site or the Service ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Disclaimer of Warranties
YOUR USE OF THE SITE OR THE SERVICE, AND YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SERVICE, IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVFANTASY.COM EXPRESSLY DISCLAIMS 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. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SERVICE, AND YOU RELY ON THE SITE OR SERVICE AT YOUR OWN RISK. ANY CONTENT TRANSMITTED TO YOU THROUGH YOUR USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY CONTENT THROUGH THE SITE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AVFANTASY.COM OR THROUGH OR FROM THE SITE OR 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.
Limitation of Liability
AVFANTASY.COM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AVFANTASY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR YOUR USE OF THE PAYMENT PROCESSOR YOU CHOOSE TO PAY FOR YOUR SERVICES. UNDER NO CIRCUMSTANCES WILL AVFANTASY.COM'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY OR ON BEHALF OF YOU TO AVFANTASY.COM IN THE 12 MONTHS PRECEDING THE EVENT FROM WHICH THE CLAIM AROSE, OR $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY AVFANTASY.COM TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You will defend, indemnify and hold avfantasy.com, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any lawsuits, claims, costs, damages, expenses, and liability arising out of your use of the Site, Service, or your violation of this Agreement.
Links to Third Party Sites
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by avfantasy.com and you acknowledge that avfantasy.com is not responsible for any content on any linked site. avfantasy.com provides links as a convenience only, and the inclusion of any link does not imply endorsement by avfantasy.com of any linked site.
Updates to this Agreement
avfantasy.com resver the rights to make change or update to this agreement at any time with out notice. It is your responsibility to review this Agreement frequently.
General Legal Notices
avfantasy.com's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. avfantasy.com will have no liability to you for any failure or delay in the performance of its obligations under this Agreement on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, computer virus, acts of god, war, governmental action, or any other cause that is beyond avfantasy.com's reasonable control.
By using the Service, you consent to receiving electronic communications from avfantasy.com. These communications will include notices about your services and information concerning or related to the Service. 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.
This Agreement is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against us must be commenced within one year after the claim arose. You irrevocably consent to the exclusive jurisdiction of the federal, state and local courts located in Los Angeles, California.
Any controversy or claim arising out of or relating to the Service or this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by California law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
If you have any questions or concerns about this Agreement or the Site or Service, please contact us here, or write to:
15810 E. Gale Ave. #136
City of Industry, CA 91745