Terms of Service.
These terms of service are the hard work of Automattic.com and the legal team here at Fantasktic.
We at Fantasktic Inc run a migration service on Fantasktic.com and would love for you to use it. Fantasktic.com’s basic quote request is free and we respond that request with a scope of services for your approval. Our service is designed to give you an easy way to migrate your website regardless of the migration complexity. However, you are responsible for the details you provide and ensuring you understand the scope of work and quote before you approve it. We provide you a 100% refund if we are unable to perform the scope of work approved but do not provide refunds because you did not understand the quote or simply decide you no longer need the migration services provided.
Terms of Service:
We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Fantasktic Inc, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires a Fantasktic.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your Fantasktic.com Account and Website. If you create an account or submit a request to Fantasktic.com, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Fantasktic Inc of any unauthorized uses your account, or any other breaches of security. Fantasktic Inc will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you post material to Fantasktic.com, post links on Fantasktic.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Fantasktic.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. If you delete Content, Fantasktic Inc will use reasonable efforts to remove it from Fantasktic.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Fantasktic Inc has the right (though not the obligation) to, in Fantasktic Inc’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Fantasktic Inc’s reasonable opinion, violates any Fantasktic Inc policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Fantasktic.com to any individual or entity for any reason. Fantasktic Inc will have no obligation to provide a refund of any amounts previously paid.
Web Traffic. We use a third party to measure Fantasktic.com’s audience and usage.
You are solely responsible for compliance with all applicable rules and regulations.
Your Responsibilities. You are solely responsible for all of your website, including your store, your items, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
You should use your best judgment when migrating your store, operating your store, processing payments, and selling items.
We are not involved in your relationships or transactions with any customer or potential customer during your migration.
You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
5. Responsibility of Visitors.
Fantasktic Inc has not reviewed, and cannot review, all websites, including computer software, which use our Services, and cannot therefore be responsible for that website content, use or effects. By operating our Services, Fantasktic Inc does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fantasktic Inc disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
6. Fees, Payment, and Renewal.
Fees. Our Services are offered for a fee. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you as agreed by approving the provided quote.
Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
7. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Fantasktic.com links, and that link to Fantasktic.com. Fantasktic Inc does not have any control over those non-Fantasktic.com websites, and is not responsible for their contents or their use. By linking to a non-Fantasktic.com website, Fantasktic Inc does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fantasktic Inc disclaims any responsibility for any harm resulting from your use of non-Fantasktic.com websites and webpages.
If you use any Third Party Services on your website during the migration you understand that:
Third Party Services are not vetted, endorsed, or controlled by Fantasktic Inc.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
9. Copyright Infringement and DMCA Policy.
As Fantasktic Inc asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Fantasktic.com violates your copyright, you are encouraged to notify Fantasktic Inc in accordance with Fantasktic Inc’s Digital Millennium Copyright Act (“DMCA”) Policy. Fantasktic Inc will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Fantasktic Inc will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fantasktic Inc or others. In the case of such termination, Fantasktic Inc will have no obligation to provide a refund of any amounts previously paid to Fantasktic Inc.
10. Intellectual Property.
This Agreement does not transfer from Fantasktic Inc to you any Fantasktic Inc or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Fantasktic Inc. Fantasktic Inc, WordPress, Fantasktic.com, the Fantasktic.com logo, and all other trademarks, service marks, graphics and logos used in connection with Fantasktic.com or our Services, are trademarks or registered trademarks of Fantasktic Inc or Fantasktic Inc’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Fantasktic Inc or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Fantasktic Inc may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Fantasktic.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Disclaimer of Warranties.
Our Services are provided “as is.” Fantasktic Inc and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fantasktic Inc nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
16. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
17. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
18. Limitation of Liability.
In no event will Fantasktic Inc, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fantasktic Inc under this Agreement during the twelve (12) month period prior to the cause of action. Fantasktic Inc shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
19. General Representation and Warranty.
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
20. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Fantasktic Inc reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Fantasktic Inc, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Fantasktic Inc and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fantasktic Inc, or by the posting by Fantasktic Inc of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fantasktic Inc may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.