Acceptance of Terms
The GoGoFantasy Service is available only to individuals who are at least 18 years old. As a user, User represent and warrant that if User are an individual, User are of legal age to form a binding contract, and that all registration information User submit is true and accurate. At the sole discretion of the Company, it may refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is rescinded in such jurisdictions.
Rules and Conduct
For example, and not as a limitation, Users shall not (nor shall permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:
Additionally, Users shall not: (i) take any action that imposes or may impose (as determined by Company at its sole discretion) an unreasonable or disproportionately large load on Company's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run List Mailers, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
Users shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or foundational ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that Users receive hereunder. Users shall abide by all applicable local, state, national and international laws and regulations.
Projects: Fund-Raising and Commerce
GoGoFantasy.com ("GoGoFantasy") is a venue for fundraising and commerce. GoGoFantasy allows certain users ("Project Posters") to list projects and raise funds from other users ("Backers") as well as exchange messages with them relating to their project. GoGoFantasy shall not be liable for User interactions with any organizations and/or individuals found on or through the GoGoFantasy service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on GoGoFantasy. GoGoFantasy does not oversee the performance, quality or punctuality of projects. GoGoFantasy is not responsible for any harm, injury, distress, damage or loss incurred as a result of any such dealings. All dealings are solely between User and Project Posters that can represent organizations and/or individuals. GoGoFantasy is under no obligation to become involved in disputes between Backers and Project Posters, or between site members and any third party. In the event of a dispute, User releases GoGoFantasy, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Though GoGoFantasy cannot be held liable for the actions of a Project Poster, Project Posters are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create including submission of material such as a text report, live or recorded video media, pictures and photographs media, live or recorded sound media or music media following funding and execution of their project as specified in their project posting. GoGoFantasy reserves the right to cancel a project listing and refund all associated members' entire GoGoBucks contributions at any time for any reason. GoGoFantasy reserves the right to remove a project listing from public listings on its Site for any reason. GoGoFantasy additionally reserves the right to cancel, interrupt or suspend a listing on any part of its site at any time for any reason.
GoGoFantasy makes no guarantees regarding the performance or fairness of payments collected through PayPal. Additionally, because of occasional failures of some credit cards, GoGoFantasy cannot guarantee the full receipt of the targeted transaction amount for according GoGoBucks purchase on our Site.
Project Posters may initiate refunds at their own discretion. GoGoFantasy is not responsible for issuing refunds for funds that have been dispersed to Project Posters after project/campaign completion.
GoGoFantasy provides Project Posters the opportunity to fundraise for approved Projects by soliciting financial contributions to support the Project from Members ("Backers"). The rules governing fundraising for a Project Poster Project (the "Fundraising Rules") are as follows:
1. The first step in launching a campaign to raise funds is to use the Service to sign up for a GoGoFantasy account and create a project profile page and post a "Project Request." To post a Project Request, an Project Poster sets a goal for the total gifted Contributions they wish to raise during the proposed campaign ("Campaign Goal") as well as a minimum Campaign Goal (can be specified to be 25, 50, 75 or 100% of the Campaign Goal) they need to reach in order to be able to fulfill offered rewards (see item 6 in this section) and the date by which the Project Poster would like to raise the funds ("Campaign Deadline") on the Project Profile page. The Campaign Deadline can be between 10 and 120 days long. If the Project does not reach its minimum Campaign Goal, the Project Poster does not receive any amount of the Contributions and therefore is not required to fulfill offered rewards to members who pledged contributions. If the project reaches its campaign goal, the Project Poster can post a new project to launch a campaign to fund another phase of the project or a completely different and unrelated project to the original submission 30 days following the Campaign Deadline of the original submission. The number of projects that a Project Poster can create and request for posting is limited to 10.
2. The User will be required to designate one legal entity to which funds will be directed (the "Project Entity"). By providing the name of the Project Entity to GoGoFantasy, User represents and warrants that they are an authorized representative of the Project Entity with the authority to bind the Project Entity to the terms of this Agreement, that the Project Entity is the legal entity responsible for the Project and accountable for the use of any funds raised for it on GoGoFantasy, and that they accept this Agreement on the Project Entity's behalf.
3. To receive Contributions, the Project Entity must establish an account (a "Funding Account") with GoGoFantasy at the time of posting an approved Project.
4. All Contributions made to a Project in the form of GoGoBucks amounts (refer below under "GoGoBucks") will be converted to US dollar amounts (1 GoGoBuck = $1 USD) directed to the Project Entity's Funding Account, less a 25% marketplace processing fee retained by GoGoFantasy for projects with campaign targets up to 2,000GoGoBucks and 35% for projects with campaign targets over 2,000GoGoBucks. All Contributions paid to a Project Entity will constitute "Project Funding," and the GoGoFantasy fee and all other Project Funding requirements will apply. GoGoFantasy is not responsible for any error or omission in the Funding Account information provided. GoGoFantasy will disperse Project Funding less processing fees from the Funding Account to the Project Entity's bank account according to the Project's disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will be initiated within 30 business days after a campaign has ended. It takes 7 business days for the disbursed funds to arrive in to the Project Entity`s account. Currently, the processing fee for wire transfers of funds to US bank accounts is $50.
5. When a Project Poster`s project reaches the Campaign Deadline, the Project Funding Request will automatically close and no more Contributions will be accepted for the Project. If a project reaches its minimum Campaign Goal by the stated Campaign Deadline, then the Project Poster will receive Contributions made to the Project as specified in item 4 of this section. If the Project does not reach its minimum Campaign Goal, the Project Poster does not receive any amount of the Contributions and therefore is not required to fulfill offered rewards to members who pledged contributions. Payments will be included in a funds transfer that will be initiated within 30 business days after a campaign has ended. It takes 7 business days for the disbursed funds to arrive in the Project Entity`s account. A Project Poster may make a new Funding Request at any time after the close of the last Funding Request.
6. Project Posters may offer non-monetary rewards ("GoGoRewards") for Contributions, provided that the offering of such GoGoRewardsis lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement. Project Posters that post projects agree to deliver rewards to project contributors (Backers) as promised if the project reaches its minimum Campaign Goal by the Campaign deadline.
7. If the Project does not reach its minimum Campaign Goal, the Company can decide, at its sole discretion, to renew the Project with the same terms as specified for the expired project, including the same Campaign Goal, Campaign Deadline and GoGoRewards. In the case of renewal, any pledged Project Funding from the expired project will be applied to the renewed project. Projects can be renewed any number of times that the Company so choses.
Any Project Funding payments may be subject to verification of the identity of User and the Project Entity, the use of funds, and the timeline of the project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time at the Company`s sole discretion. The User and the Project Entity agree that Project Funding may only be used on behalf of the Project, and that Project Funding will not be used for any other purpose. The User agrees that if at any time during an open Funding Request or within thirty (30) business days of the close of a Funding Request, GoGoFantasy makes a good faith determination that the identity of the User or the Project Entity or the timeline of the Project are not as identified in the Project Posting, or that the Project Funding has not been used solely on behalf of the Project, User will promptly refund the entire amount of Project Funding from such Funding Request to the Backers. We may change the Fundraising Rules at any time upon notice to the Project Poster. If the Project Poster does not accept a change we make to the Fundraising Rules, the only remedy shall be to terminate the Project Posting.
User shall have full responsibility for applicable taxes for all Project Funding paid to User under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. User agree to indemnify, defend and hold GoGoFantasy harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on GoGoFantasy by the relevant taxing authorities with respect to any Project Funding paid to the User and Project Entity.
Funded projects will be available for access by Users for a fee charged by the Company 30 days after a project poster has posted its project material to the Site for access by the project backers. As such, access to the contents of a funded and completed project including those that have project material submitted by the project poster will remain exclusive to the original project backers for a period of 30 days, after which the original project posting and all material relating to the campaign and its completion will be transferred to the GoGoFantasy Archive. In this Archive, users outside of the original project backers will have the opportunity to purchase access to the project material on a subscription or per use basis as specified in the terms selected and agreed to at the time of purchase.
If the User has an active GoGoFantasy account, at their choosing, they may participate in our GoGoBucks service offering. GoGoBucks ("GoGoBucks") is an online redeemable point system, a form of virtual money with no cash value that can be used to fund certain projects offered through GoGoFantasy or make purchases of merchandise through the GoGoFantasy store. In terms of funding for a specific project, 1 GoGoBucks contributed to a project is equivalent to $1 US Dollar for redemption purposes at the close of a campaign or purchase of rights to access a funded project on the GoGoFantasy Archive. GoGoBucks can be obtained, used and redeemed in several of ways. For instance, a User can have the opportunity to obtain GoGoBucks by participating in and/or by completing certain promotional tasks or objectives as part of the Service. We may also offer GoGoBucks to a User for free through one of our promotional campaigns. In addition, we currently offer GoGoBucks to User for sale through our online store. GoGoBucks is sold in User specified amounts or bundles and the price may vary at our discretion and depending on the amount a User purchases. GoGoFantasy may from time to time limit the amount of GoGoBucks a User may obtain in your account balance at any one time or in the aggregate. GoGoFantasy will notify User if the User reaches such a limit. Users are solely responsible for any tax consequences that may result from the acquisition, use or redemption of GoGoBucks.
License to use GoGoBucks. No matter how a User obtains GoGoBucks, the User acknowledges and agrees that such GoGoBucks solely represents a limited license right to a virtual good which is governed by the terms of this stated Agreement, and except as provided and intended as part of the Service, such GoGoBucks is non-transferable to another person.
We reserve the right from time-to-time to limit the amount of GoGoBucks a User can purchase or redeem at any one time or for a certain period. We will notify the User if the User reaches such limits. Once the User redeems a specified value of GoGoBucks, the amount redeemed will be deducted from the User's balance. We will not reinstate any deducted GoGoBucks except in limited circumstances at our sole and absolute discretion following the Company s review and assessment.
Corrections. User are solely responsible for verifying that the proper amount of GoGoBucks has been added to or deducted from their GoGoFantasy account during purchase or redemption activity. A User can view their GoGoBucks balance from within the User account while participating in the Services that accept GoGoBucks for payment. If the User believes that a mistake has been made with respect to their GoGoBucks balance, please contact GoGoFantasy support immediately so that we can investigate. Note that GoGoFantasy may require additional information and/or documentation to verify a claim. GoGoFantasy will let the User know the results of Company's investigation, however, the User acknowledges and agrees that we have sole and absolute discretion in determining whether or not a claim is valid and if so the appropriate solution to implement.
GoGoFantasy may grant refunds on unused GoGoBucks balances if a User requests it. This refund may have certain fees deducted (nominally 15%, but can be up to 25%) to cover the transaction costs of the refund. No refund is granted for any Project that a User has contributed GoGoBucks to and has reached its Campaign Goal and funding made to the Project Entity by GoGoFantasy. For a Project that does not reach its minimum Campaign Goal by the campaign deadline, all individual User GoGoBucks amounts contributed to that project are returned to each respective account automatically at the end of the deadline of the funding campaign. For purchases made on the GoGoFantasy Archive, no return of GoGoBucks to the user account for Archive Listing purchases will be made
At its discretion, if your account is inactive for a year, GoGoFantasy may deduct a portion of any unused GoGoBucks balance up to 50% of that unused balance as part of the Service.
Improper Usage of GoGoBucks. GoGoFantasy reserves the right to deduct, cash-out, deactivate, suspend or terminate GoGoBucks usage or access thereto if we terminate the Service or if we suspect, after investigation, that the User has inappropriately used or abused the GoGoBucks service, violated the terms of this Agreement, or has otherwise used the GoGoBucks service to conduct any fraudulent or illegal activity.
In the event that GoGoFantasy suspends or terminates the User's Service account or this Agreement, the User understands and agrees that the User shall not be entitled to use remaining GoGoBucks in the User account and has no right to receive a refund or exchange for any unused GoGoBucks in the account, any license or fees, any content or data associated with the account, or for anything else. GoGoFantasy has the right at any time for any breach of this agreement or specifically or generally caused suspension or termination of the Service, to suspend or terminate the Service account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to the User.
In the event an account is suspended or terminated for suspected or actual breach of this Agreement (in each case as determined by GoGoFantasy's sole discretion), GoGoFantasy may suspend or terminate the Service account associated with such breach and any or all other accounts held by the User or User affiliates, and the breach shall be deemed to apply to all such accounts.
THE USER UNDERSTANDS AND AGREES THAT ANY ATTEMPT TO INSTATE A REVERSED CHARGE OR OTHERWISE RECLAIM OR OBTAIN A REFUND OF OR A CREDIT AGAINST ANY FEES AND/OR PURCHASES PAID FOR PARTICIPATION IN THE SERVICE WITHOUT FIRST HAVING OBTAINED GOGOFANTASY'S PRIOR WRITTEN CONSENT TO SUCH REFUND SHALL ENTITLE GOGOFANTASY TO DEACTIVATE THE USER'S ACCOUNT UNLESS AND/OR UNTIL SUCH TIME AS THE FEES ARE REPAID OR A CREDIT OR REFUND IS AGREED WITH GOGOFANTASY. DEACTIVATION WILL INCLUDE, NOT ONLY THE ENTIRE GOGOBUCKS BALANCE IN THE USER ACCOUNT, BUT ALSO ALL ACCESS TO THE SERVICE INCLUDING PREVIOUSLY PURCHASED FEATURES AND/OR THE FREE ASPECTS OF THE GOGOFANTASY SITE.
Fees and Payments
Joining and browsing GoGoFantasy is free. However, we do charge fees for services as outlined in the Projects section above. When the User agrees to and uses a service that has a fee associated with it, the User will have the opportunity to review and accept the fees that will be charged to the account, which GoGoFantasy may change from time to time. Changes to that Policy are effective after we provide the User with notice by posting the changes on the Site. GoGoFantasy may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Third Party Sites
The Service may permit the User to link to other websites or resources on the Internet, and other websites or resources may contain links directing to the Site. When a User accesses third party websites, the User does so at their own risk. The User acknowledges that Company has no control over other websites and thus is not representing, responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Inclusion of any such link on the Site does not imply endorsement by Company or any association with its operators and partners. Users further acknowledge and agree that Company 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 the use of, access to or reliance on any such content, goods or services available on or through any third-party websites or resources.
Content and License
Any content or messages that the User posts, transmits, or otherwise makes available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary. User understands and agrees that any such content and messages may be used by the Site or our affiliates, without review or approval, for any purpose whatsoever, and in any medium. User grants the Site (and our affiliates) the irrevocable right to use and/or edit User content and messages, without review or approval by User, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to the User.
The User agrees that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, trade secrets or other proprietary rights and laws. User shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use and reproduce the Content, solely for non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. User shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Without limitation, the User agrees to refrain from the following actions while using the Site:
1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
2. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
3. (a) Posting adult content or explicit adult material unless: (i) such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and (ii) you, the User, are at least 18 years of age or older and not considered to be a minor in your state of residence;
(b) Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of GoGoFantasy.com;
(c) Posting any solicitation directly or in "coded" fashion for any illegal service exchanging sexual favors for money or other valuable consideration;
(d) Posting any material on the Site that exploits minors in any way;
(e) Posting any material on the Site that in any way constitutes or assists in human trafficking.
5. Posting any ad or funding projects for products or services, use or sale of which is prohibited by any law or regulation;
6. Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
7. Deleting or revising any material posted by any other user;
Third Party Intellectual Property - Copyright Notifications
GoGoFantasy respects the intellectual property of others, and we ask our users to do the same. GoGoFantasy may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. GoGoFantasy will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
If a Site User believes that their work has been copied in a way that constitutes copyright infringement, GoGoFantasy must be contacted with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. 512(c)(3), for more information):
If the User believes that project work and/or content has been removed or disabled by mistake or misidentification, please provide the GoGoFantasy with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. 512(g)(3), for more information):
User acknowledge that if they fail to comply with all of the notice requirements listed here, the initiating notification or counter-notification may not be valid and that GoGoFantasy may ignore such incomplete or inaccurate notices without liability of any kind.
Our designated copyright agent for notice of alleged copyright infringement is: Email: copyright@GoGoFantasy.com
Intellectual Property Rights - Project Posters
The Service provides the User with the ability to upload content to the Site. Company will not have any ownership rights of such content. However, Company needs the following license to perform the Service. By using the Site, the User grants to GoGoFantasy a nonexclusive, sub licensable, royalty-free transferable, fully paid-up worldwide license to use, host, copy, display, transmit, publish and distribute uploaded content materials and trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") for the sole purpose of providing the services described in this User Agreement (for example: use, host, stream, transmit, playback, trans code, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") the content, along with all associated copyrightable works or metadata, including without limitation text and written material, videos, audio clips, slide shows, photographs, pictures, diagrams, sound recordings, graphics, and descriptive text ("Artworks") in connection with the provision of the Service). User also grants GoGoFantasy and its Service users the right to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks including the User name and associated logos in press releases as well as other announcements and advertisements on the Site. GoGoFantasy obtains no other right, title or interest in your trademarked materials except as set forth herein.
Intellectual Property Rights - Users
The Service provides users with the ability to create, upload, add, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written public forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively called "User Submissions"). By Submitting to GoGoFantasy User Submissions on the Site or otherwise through the Service, the User:
Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any information which users may provide about themselves. The User acknowledges that all Content accessed by the User employing the Service is at your own risk and the User will be solely responsible for any damage or loss to any party resulting there from.
USER ACKNOWLEDGES THAT THE SOFTWARE AND SERVICE MIGHT CONTAIN ERRORS AND DEFECTS. THE SOFTWARE AND SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE, THE SERVICE, GOGOBUCKS TRANSACTIONS AND ACCOUNT BALANCES AND ALL OTHER SERVICES IS WITH THE USER. SHOULD THEY PROVE DEFECTIVE FOLLOWING THEIR RECEIPT BY THE USER, THE USER AND NOT GOGOFANTASY ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL SOFTWARE COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET ALL USER REQUIREMENTS. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
Company has no special relationship with or fiduciary duty to the User. The User acknowledges that Company has no control of and no duty to take any action regarding: which users gain access to the Site; what Content the User accesses via the Site; what effects the Content may have on the User; how the User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. The User releases Company from all liability for Content obtained or not through the Site. The Site may contain, or through User Submission or otherwise direct the User to websites that may have information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, server content, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with the use of the Service.
Limitation of Liability
IN NO EVENT OF ANY KIND SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY MALFUNCTIONS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO-HUNDRED U.S. DOLLARS (USD 200.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE USER AS SUCH.
GoGoFantasy does provide support for the Software or Service. However, GoGoFantasy may provide an e-mail address and/or a password protected forum for User to send any questions and/or comments regarding the Software or Service. GoGoFantasy does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to User's e-mail(s) and/or forum query postings.
Dispute Resolution and Choice of Law
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and understood in accordance with the laws of the State of Illinois, without giving effect to any principles of law conflicts, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. The User agrees that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over GoGoFantasy or its respective parents, subsidiaries, affiliates, successors, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Illinois.
Informal Resolution. To facilitate the resolution of any controversy related to this Agreement ("Dispute"), User and GoGoFantasy agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism via the site Service. If informal proceedings do not lead to a mutually acceptable resolution, additional informal discussions begin upon written notice from the User or GoGoFantasy. GoGoFantasy will send its notice to the email address on file in the User account and may also dispatch a copy to a physical address if we have one on file. Users can send their notice to:
Attn: Legal Department
4S100 Rt 59
Naperville, IL 60563
Binding Arbitration. If the User and GoGoFantasy are unable to resolve a Dispute through informal discussions, either the User or GoGoFantasy may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. THE USER UNDERSTANDS THAT ABSENT OF THIS PROVISION, THE USER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Arbitration fees and (the User's) share of arbitrator compensation shall be governed by these AAA rules. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, the User and GoGoFantasy may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
No Class Action. The User and GoGoFantasy agree that any arbitration shall be limited to the Dispute between GoGoFantasy and the User individually. To the full extent permissible by law, no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
Exceptions to Informal Discussions and Arbitration. The User and GoGoFantasy agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the User's or GoGoFantasy's intellectual property rights or Licensed Intellectual Property; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
Venue. Any arbitration will take place in Cook County, Illinois, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Cook County, Illinois, United States of America and both the User and GoGoFantasy agree to submit to the personal jurisdiction of that court. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of Illinois without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
The Service is controlled and operated from its headquarters and operations facilities in the United States. GoGoFantasy makes no representations or claims that the Service is appropriate or available for use in other foreign locations. Accessing the Service is prohibited from territories where such Content is illegal by local laws and regulations. If the User accesses the Service from other locations, the User does so at their own initiative and is responsible for compliance with local laws and regulations. Those who access or use the Service from other jurisdictions do so at their own discretion and are entirely responsible for adherence to local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the USA.
Electronic Delivery/Notice Policy and Your Consent
By using the Services, the User consents to receive from GoGoFantasy all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. GoGoFantasy may provide such electronic Contract Notices by posting them on the GoGoFantasy Site. If the User desires to withdraw consent to receive Contract Notices electronically, User must elect at once to discontinue use of the GoGoFantasy Site and Services.
Integration and Severability