“Fantasy Finance,” or “we,” “our,” or “us” in these Terms of Service means Fantasy Finance Limited and the Fantasy Finance Entities. Fantasy Finance Limited is located at 17 Waterloo Place, London, SW1Y 4AR, United Kingdom. In all cases, “Fantasy Finance,” “we,” “our,” or “us” includes agents, consultants, employees, officers, and directors.

1. DEFINITIONS

“Account” means an account you create when you access the Services

“Community Guidelines” means the rules of conduct that govern your interaction with our Services and other players, which can be found here

“Feature Terms” means any other rules related to Services, which apply to your use of those specific services and state they are part of these Terms, including the Competition Rules and Community Guidelines

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that Fantasy Finance may offer from time to time to certain eligible players

“Services” means our games, competitions, products, services, content, downloaded from app stores or through fantasyfinance.game and/or other domains or websites operated by Fantasy Finance

“Terms of Service” or “Terms” means these terms of service

“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-app text chat, and other content

“Virtual Items” means virtual currency, including without limitation coins, cash, tokens, or points, all for use in the Services

“Entities” means Fantasy Finance’s  joint ventures, and other corporate entities.

“Affiliates” refers to Fantasy Finance’s third-party content and software providers, distributors, licensees, or licensors

2. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting the amended Terms on our sites or within the Services (such as through in-app notices). We may provide additional notice, such as an email message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Rules, and any other policies, or rules will be accessible at fantasyfinance.game or from within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services. You can’t make changes to the Terms, unless both you and Fantasy Finance sign a written amendment. If you have a dispute with Fantasy Finance, the version of the Terms in effect at the time Fantasy Finance received actual notice of the dispute will apply to such dispute. If the Terms have any provisions or information that conflict with other Fantasy Finance terms or policies, these Terms shall govern.

4. USING OUR SERVICES

Who can use our Services: We are excited to have you start playing our games, but there are some limits on who can use our Services. You may not use our Services if:

• You cannot enter into a binding contract with Fantasy Finance.
• You are under 13 years of age. If you are under 18, you may only use the Services with the prior consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you before you start using the Services.
• You are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
• You are a convicted sex offender.
• You have previously been banned from playing any Fantasy Finance game or using any Fantasy Finance Service, unless Fantasy Finance has reversed that ban, in its sole discretion.

If you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.

Additional Important Rules and Terms:

If you use our Services, you must follow the Fantasy Finance Competition Rules, Community Guidelines and all other Feature Terms that may apply. These additional rules and terms apply in addition to these Terms and are important. Please read them. If you access the Services from a social network, or download the Services from another platform, such as Apple or Google, you must also comply with that third party’s terms of service/use as well as these Terms (see Schedule 1).

Accessing our Services:

To access or play our games or create an Account with us, you will need an email address and/or cell/mobile phone number and, if you are using our mobile Services, an account with the company that provides your mobile applications, like an Apple iTunes account. 

You may need to update third-party software from time to time to receive and use Fantasy Finance. We provide the Services. 

You provide the equipment (computer, phone, tablet, etc.) and pay any fees to connect to the Internet and app stores, and for data or cellular usage to download and use the Services.

Service Changes and Limitations:

Our Services are evolving, and we may require that you accept or acknowledge updates to the Services as well as to the Terms, Community Guidelines, Feature Rules, the Fantasy Finance Privacy Policy, or other policies. From time to time, we may make you update the Services or your software to continue to use our Services. We may perform these updates remotely, including to Fantasy Finance software residing on your computer or mobile device, without notifying you. Fantasy Finance reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, Fantasy Finance is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or purchased.

FANTASY FINANCE MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS, OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM, INCLUDING FEATURE CHANGES OR ADJUSTMENTS SUCH AS BUT NOT LIMITED TO PERFORMANCE VALUES; PROHIBIT ACCESS TO OUR SERVICES, AND THEIR CONTENT, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND FANTASY FINANCE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.

Deleting your Account:

You may stop using our Services and request that we delete your Account at any time. You may contact us at support@fantasyfinance.game to request deletion of your Account. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.

5. OWNERSHIP; LIMITED LICENSE

Services:

The Services are works that are owned or licensed by the Fantasy Finance Entities, and they are protected by copyright, trademark, patents, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services. So long as you abide by these Terms and any other rules, including the Competition Rules and Community Guidelines and any Feature Terms, you may use the Services subject to these Terms, for your own non-commercial purposes. You agree not to use the Services for any other purpose and agree that Fantasy Finance will have no liability to you for any damage or loss arising from unauthorised uses. If you breach these Terms, or any of our other terms that apply to you, we may take action against you, including, among other things, terminating your account. In addition, you may be breaking the law, including breaches or violations of Fantasy Finance’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY FANTASY FINANCE COMPETITION, IS A BREACH OF FANTASY FINANCE POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account and Virtual Items:

Regardless of any other statement in these Terms, the Competition Rules, Community Guidelines, or any Feature Terms that apply to features you may choose to use, you do not own any Account that you create on our Services, including in our Competitions, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. Your Account and any related Virtual Items are owned by Fantasy Finance. Fantasy Finance gives you a limited license and right to use your Account and the related Virtual Items while we offer the Services. 

TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 75 DAYS.

You are not allowed to transfer Virtual Items outside of the Services (e.g., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your Account because of it.

User Content:

If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:

1. accurate;
2. not confidential;
3. not in violation of any law;
4. not in violation of contractual restrictions or other parties’ rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
5. free of viruses, adware, spyware, worms, or other malicious code;
6. in compliance with our Community Guidelines.

Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but, to the extent allowed by applicable laws, you give Fantasy Finance a perpetual and irrevocable (other than as provided below), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Competition Rules, Community Guidelines, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so. Fantasy Finance’s license to your User Content ends when you request deletion of your Account (which you may do by contacting us at Customer Support, with the following exceptions:

1. User Content submitted in response to Fantasy Finance promotions, which will be subject to any Feature Terms or other terms of the promotion;
2. User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and
3. User Content subject to a separate license with Fantasy Finance, which will be subject to the terms of such license.

If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required. When you post, publish, or transmit your observations and comments on the Services, we cannot guarantee that other players will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. FANTASY FINANCE IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST, PUBLISH, OR TRANSMIT THROUGH THE SERVICES.

6. MONITORING USE OF SERVICES AND USER CONTENT

We have no obligation to monitor the Services for inappropriate or illegal User Content or the conduct of other players, and we take no responsibility for such conduct. By using our Services, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, and nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please let us know by clicking on the content flags, using the Help links provided in the Services or contacting us at Customer Support. While we have no obligation to monitor the Services, we have the right, in our sole discretion, to monitor, record, or store your interactions with the Services or your communications with Fantasy Finance or other player when you are using the Services (including without limitation your communications through in-app chat), in accordance with applicable privacy law. We may also, at our discretion, choose to edit, refuse to post, or remove any User Content or any other materials that we deem in our sole discretion to be objectionable. If we determine that your communications or User Content violate these Terms, Feature Terms, Competition Rules or Community Guidelines, we have the right, in our sole discretion and without notice, to disable your ability to post User Content or to communicate with other players, or we may terminate your access to the Services entirely.

7. YOUR DEALINGS WITH OTHER PLAYERS

You are responsible for your interactions with other players. If you have a problem with another player, we are not required to get involved, but we can if we desire. If you have a dispute with another player, you release Fantasy Finance and its Affiliates from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in the EEA, your liability vis-à-vis Fantasy Finance is as set forth by the law applicable in the country where you reside. To ensure that there are sufficient players in any Competition, auto-generated players that look and play like real people may be included. If you are located in California, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” 

8. PAYMENT TERMS

We provide a service in the form of access to Competitions, Virtual Items, and our other Services. In the Services you may use “real world” money to obtain a limited license and right to use Virtual Items and/or other goods or services.

How it Works:

You get a limited license and right to use Virtual Items by visiting the purchase pages in our Services and providing billing authorization through the platform on which you are playing (e.g., Apple, Google). When you make a purchase on fantasyfinance.game, or any Fantasy Finance-owned website, the payment page will let you know what payment methods you can use to pay when you make your purchase. The price of the product will be the price indicated on the order page when you place your order. When your purchase is complete, we may send you a confirmation email that will have details of the items you have ordered. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. Fantasy Finance keeps records of fantasyfinance.game  transactions in order to handle any future questions about that transaction. When you purchase Virtual Items on other platforms such as Apple or Google, Fantasy Finance is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information. You can also contact our Customer Support for questions concerning refunds of purchases made through Google. For Virtual Items, your order will represent an offer to us to obtain a limited license and right to use the relevant Service(s) or Virtual Item(s) that will be accepted by us when we accept payment. At that point, the limited license begins. For orders to obtain a limited license and right to use Virtual Items, by clicking the purchase/order button on the purchase window or page you:

1. agree that we will supply the Virtual Items to you as soon as we have accepted your order; and
2. if you reside in the European Union (the “EU”), you acknowledge that you will therefore no longer have the right to cancel under the EU’s Consumer Rights Directive (as implemented by the law of the country where you are located) once we start to supply the Virtual Item.

You understand that while you may “earn,” “buy,” or “purchase” Virtual Items in our Services, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.

ALL SALES ARE FINAL: YOU ACKNOWLEDGE THAT FANTASY FINANCE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH FANTASYFINANCE.GAME OR ANOTHER PLATFORM SUCH AS APPLE, GOOGLE, OR ANY OTHER SITES OR PLATFORMS WHERE WE OFFER OUR SERVICES.

PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

Additional Payment Terms:

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Fantasy Finance may revise the pricing for the goods and services it licenses to you through the Services at any time. Subscriptions are also subject to our additional Subscription Terms. 

Billing Support:

For billing support, please contact us through Customer Support. 

9. PROMOTIONS AND OFFERS

From time to time, we may offer other limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms. In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.

10. THIRD-PARTY ADVERTISING

Sometimes we provide links in the Services to other third-party companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature separate to the Services. Any charge or obligation you take on in dealing with these other companies is your responsibility. We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties. Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

11. COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of others and ask that you do as well. We respond to notices of alleged copyright infringements that comply, but not limited to, the E-Commerce Directive and associated legislation in the EU, the US Digital Millennium Copyright Act (“DMCA”), and similar or equivalent other local laws that may apply. We reserve the right to terminate any player’s access to the Services if we determine that the player is a “repeat infringer.” We do not have to notify the player before we do this.

12. FEEDBACK AND UNSOLICITED IDEAS

We may request your feedback about the Service and certain features therein. You are not obliged to respond to our requests. Any idea, information, or feedback you submit to us is done voluntarily.

13. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

Fantasy Finance and its Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons. USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FANTASY FINANCE AND ITS AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. FANTASY FINANCE AND ITS AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

14. LIMITATIONS; WAIVER OF LIABILITY

YOU ACKNOWLEDGE THAT FANTASY FINANCE AND ITS AFFILIATES ARE NOT LIABLE (1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES. THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES. TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FANTASY FINANCE AND ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID FANTASY FINANCE AND ITS AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID FANTASY FINANCE AND ITS AFFILIATES ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FANTASY FINANCE AND ITS AFFILIATES IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT. Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries. These limitations/exclusions apply fully to New Jersey residents. These limitations/exclusions do not apply to users located in the EEA. For those users, if Fantasy Finance fails to comply with these Terms, Fantasy Finance is responsible for loss or damage you suffer that is a foreseeable result of Fantasy Finance’s breach of these Terms or is a result of Fantasy Finance’s negligence, but Fantasy Finance is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Fantasy Finance at the time we entered into these Terms.

15. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

If you have a concern, contact us first, and we’ll do our best to resolve the issue.

You and Fantasy Finance waive rights to seek remedies in court, including any right to a jury trial. The parties agree that any dispute between the parties arising out of, relating to or in connection with this Agreement or the Portfolio, including the determination of the scope and applicability of the agreement to arbitrate, shall be resolved exclusively through binding arbitration conducted under the auspices of the UK’s Alternative Dispute Resolution (“ADR”) mediation and procedures rules. The arbitration hearing shall be held in the county of the principal office of Fantasy Finance. Disputes shall not be resolved in any other forum or venue. The arbitration shall be conducted by a retired judge who is experienced in resolving disputes regarding the securities business. The parties agree that the arbitrator shall apply the substantive law of England and Wales to all claims, that limited discovery shall be conducted in accordance with ADR’s mediation and adjudication procedures, and that the arbitrator may not award punitive or exemplary damages, unless such damages are required by statute to be an available remedy for any of the specific claims asserted. In accordance with ADR’s arbitration rules and procedures, the arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be accompanied by any findings of fact, conclusions of law or other written explanation of the reasons for the award. The parties understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under UK laws.  Any award rendered by the arbitrator shall be final and binding, and judgment may be entered on it in any court of competent jurisdiction in the county of the principal office of Fantasy Financer. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including when seeking to confirm or vacate the award in court, unless otherwise required by law or judicial decision.

No Collective Actions / Class Actions

By voluntarily accepting these Terms, you, Fantasy Finance, and the Fantasy Finance Entities all agree that the parties can only bring a claim against each other on an individual basis. That means: The parties agree that neither you nor Fantasy Finance nor any member of the Fantasy Finance Entities can bring a claim as a plaintiff or class member in a collective action or otherwise seek to recover losses incurred by a third party. 

Opting out of the Agreement to Arbitrate and Collective Action Waiver 

You have the right to opt out and not be bound by this arbitration agreement by sending us written notice of your decision to opt out through Customer Support or by physical mail as stated in Section 23 (Notices). The notice must be sent within thirty (30) days of your first use of the Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section 15. If you opt out of these arbitration provisions, Fantasy Finance also will not be bound by them.

Survival

This Section 15 shall survive termination of these Terms.

16. APPLICABLE LAW

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Fantasy Finance agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of England in the United Kingdom, unless this is prohibited by the laws of the country where you reside. You and Fantasy Finance consent to the exclusive jurisdiction of those courts.

17. VENUE FOR LEGAL DISPUTES NOT SUBJECT TO ARBITRATION

Judicial proceedings that are excluded from the Arbitration Agreement in Section 15 must be brought in a court in England, unless the parties agree to some other location. You, Fantasy Finance, and the Fantasy Finance Entities all consent to venue and personal jurisdiction in England. If you are located anywhere other than England and Wales, judicial proceedings must be brought in a court of competent jurisdiction in a country where you are habitually resident (“Applicable Jurisdiction”), unless the parties all agree to some other location. You, Fantasy Finance, and the Fantasy Finance Entities all consent to venue and personal jurisdiction in the Applicable Jurisdiction.

18. CALIFORNIA RESIDENTS

If you are a resident of California, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. If any part of these Terms, Feature Terms, Competition Rules or Community Guidelines is not enforceable, the rest of these Terms, Feature Terms, Competition Rules and Community Guidelines still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible. 

20. ASSIGNMENT

We may give our rights, or our obligations, under these Terms, Feature Terms, Competition Rules or Community Guidelines to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, Competition Rules or Community Guidelines to anyone without first getting Fantasy Finance’s written consent, and any attempt to do so without our consent is void.

21. ENTIRE AGREEMENT

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. This provision does not apply to users located in the EEA.

22.LANGUAGE OF THE TERMS

If we provide a translated version of these Terms, Feature Terms, Competition Rules, Community Guidelines, Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies. 

23. NO WAIVER

If we do not enforce our rights under these Terms, Feature Terms, Competition Rules, or Community Guidelines, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, Competition Rules, or Community Guidelines, that does not mean it is waived for all time in the future. If we waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

24. NOTICES

If we have to give you notice of something according to the Terms, Feature Terms, Competition Rules, or Community Guidelines, we may notify you by posting a message on fantasyfinance.game or within the Fantasy Finance Services, sending you an email, or using other ways of communicating with you based on the contact information you provide to us. If you have to give us notice of something according to the Terms, Feature Terms, Competition Rules, or Community Guidelines, the notice must be in writing and addressed to Fantasy Finance Ltd, Attn: LEGAL DEPARTMENT,17 Waterloo Place, London, SW1Y 4AR, United Kingdom,, unless we have provided a more specific way of notifying us.

25. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials This provision does not apply to users located in the EEA.

26. CONTACT US

Fantasy Finance welcomes comments, questions, concerns or suggestions. Please contact us by email using support@fantasyfinance.game or in writing to Fantasy Finance Ltd, 17 Waterloo Place, London, SW1Y 4AR, United Kingdom.

SCHEDULE 1 

When accessing the App through any other App Store, you acknowledge that your use of the App may be subject to the terms of service of the relevant app store through which you access the App. 

When accessing the App through the Apple App Store or Mac Store You acknowledge that the Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the Apple App Store usage rules as set out here (the “Apple Media Services Terms & Conditions”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the Apple App Store Usage Rules, the Apple App Store Usage Rules shall take precedence.

– Scope of License: Your license to use the Services is limited to use of the Services on an Apple device that you own or control and as permitted in accordance with iTunes Usage.

– Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

– Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.

– Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.

– Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

– Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

– Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. 

When accessing the App through the Google Play Marketplace You acknowledge that your use of the App is subject to the Google Play terms of service, as set out here (the “Google Play Marketplace Terms”) and in the event of a conflict between these Terms and the Google Play Marketplace Terms, the Terms shall take precedence.

SCHEDULE 2. INCENTIVES & REWARDS

From time to time, We may offer various incentive or reward schemes such as, but not limited to, progression rewards, Refer a Friend, watching an advertisement, or other incentives to open an account. 

We may suspend, terminate or change the terms and requirements of these incentives or rewards  at any time and for any reason. 

REFER A FRIEND

Eligibility

Any user who has downloaded Fantasy Finance and registered, can refer a friend and earn rewards.

Additional Information:

• Referral awards are made at the sole discretion of Fantasy Finance Ltd
• Fantasy Finance Ltd reserves the right to restrict, revoke or change this offer at any time at its discretion 
• For the avoidance of doubt, if either you or the customer you refer is ineligible for the reward under this promotion, neither party will receive the reward 
• You can also receive additional rewards under other promotional offers that may be available at the same time as this promotion unless it is specifically excluded by such other promotion
• You can refer as many friends as you like but a maximum of 10 rewards will be assigned to each referrer. 
• You must continue to be active for at least  5 days after referring a friend.
• Referrer’s existing account registration and referral messages sent to a referee must be prior to the referee’s opening of a new account. 
• Fantasy Finance Ltd reserves the right to void any referral rewards based on the following: (1) ineligibility of any Fantasy Finance participant, (2) fraudulent activity, or (3) if Fantasy Finance Ltd, in its sole discretion, finds that you have violated any of the User Terms.