Terms of Use

fantasymakersindustries.com & fantasymakersindustries.com Website Terms of Use

I. Website User Terms
Last Updated: August 31, 2007

Fantasy Makers Industries, Inc. (“FMI”) welcomes you. These Website Terms of
Use (“TOU”) apply to your use of this website (the “Site”). These TOU apply to
each visitor to and user of the Site (each, a "User"), including you and any
other unregistered users and registered users ("Member"). By visiting or using
the Site you agree to the terms and conditions of these TOU. The purchase or
use of products and services (such as blog or profile page features) available
to Members through the Site may also be subject to certain additional terms and
conditions provided with those products or services.

Unless stated otherwise, FMI may change the TOU at any time and the changes
will become effective thirty (30) days after posting the revised TOU (the
“Effective Date”), however FMI reserves the right to change the TOU effective
immediately upon posting the revised TOU in the event FMI determines it
reasonably necessary for such change to be effective without delay. You are
responsible for checking the TOU regularly for changes and your continued use
of a Site after the Effective Date indicates your acceptance of any changes to
the TOU.

Additional operating guidelines (“Guidelines”), such as the Code of Conduct may
be posted from time to time on the Site, and you agree to use the Site in
accordance with the Guidelines. FMI may also offer certain other websites that
are governed by the terms of use posted on such websites, in which case those
terms (and not these TOU) will govern your use of such websites.

1. User Content

By posting or submitting any text, images, designs, video, sound, code, data,
lists, or other materials or information (such User-submitted content,
collectively, "User Content") to or through a Site, including without
limitation on any User profile page, you hereby irrevocably grant to FMI, its
affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free,
non-exclusive, and fully sub-licensable license, to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform
and display such User Content (in whole or in part) in any media and to
incorporate the User Content into other works in any format or medium now known
or later developed. The foregoing grants shall include the right to exploit any
proprietary rights in such User Content, including but not limited to rights
under copyright, trademark, service mark or patent laws under any relevant
jurisdiction.

You represent and warrant that: (i) you own or control all of the rights to the
User Content that you post or you otherwise have the right to post such User
Content to the Site, (ii) the User Content is accurate and not misleading, and
(iii) use and posting of the User Content you supply does not violate these TOU
and will not violate any rights of or cause injury to any person or entity,
including without limitation the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of any User
Content posted by you to or through the Site.

You are solely responsible for the User Content that you post, store or upload
on or through the Site, including any material or information that you transmit
to other Users. FMI does not have an obligation to delete, screen or edit any
of the User Content posted, stored or uploaded on or through the Site, however
FMI reserves the right to delete, screen or edit any User Content posted,
stored or uploaded on the Site at any time and for any reason without notice.
Without limiting the foregoing, FMI may remove any User Content that in the
sole judgment of FMI violates these TOU or any Guidelines, or that may be
offensive, illegal or violate the rights, harm, or threaten the safety of any
person. FMI does not endorse any User Content and takes no responsibility and
assumes no liability for any User Content posted, stored or uploaded by you or
any third party, or for any loss or damage thereto.

2. Intellectual Property Ownership; Rights Granted to You

The text, images, designs, logos, video, sound, code, data, and other materials
and information, as well as the selection and arrangement thereof, available
through the Site (collectively, "Site Content") are the proprietary property of
FMI or its licensors or other Users, and are protected by copyright, trademark,
and other intellectual property laws. You are granted a limited,
non-sublicenseable license to access and use the Site and electronically copy
(except where specified as prohibited) and print to hard copy portions of Site
Content for your personal, noncommercial use only; provided, that you preserve
any copyright, trademark or other similar notices contained in or associated
with such Site Content. Such license is subject to these TOU and does not
include: (i) any resale or commercial use of the Site or any Site Content
therein; (ii) the collection and use of any product or service listings,
pictures or descriptions; (iii) the distribution (electronic or otherwise),
public performance, or public display of any Site Content; (iv) modifying or
otherwise making any derivative uses of the Site and Site Content, or any
portion thereof; (v) use of any data mining, robots or similar data gathering
or extraction methods; (vi) downloading (other than the page caching) of any
portion of the Site, any Site Content or any information contained therein,
except as expressly permitted on the Site; or (vii) any use of the Site or Site
Content other than for its intended purpose. Any use of the Site or Site
Content other than as specifically authorized herein, without the prior written
permission of FMI, is strictly prohibited and will terminate the license
granted herein. This license is revocable at any time.

3. Limits on Use of the Site

You agree not to engage in any of the following: (i) use any automated means,
including, without limitation, agents, robots, scripts, or spiders, to access,
monitor, data scrape, copy or transfer any part of the Site (including without
limitation any User data, including any Member registration information,
whether individually or in the aggregate); (ii) probe, scan or test the
vulnerability of the Site, or breach the security or authentication measures on
the Site; (iii) reverse look-up, trace or seek to trace any information on any
Member or other User of the Site, including information on any Member account
other than your own, to its source, or exploit the Site in any way with a
purpose of revealing any information, including but not limited to personal
identification or information, other than your own information; (iv) take any
action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Site; (v) use any device, software or routine to
interfere or attempt to interfere with the proper working or authorized uses of
the Site or with any other person's use of the Site; (vi) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any message
transmittal you send on or through the Site; (vii) impersonate any other
individual or entity or misrepresent your identity or your affiliation with
another individual or entity; (viii) use the Site in an illegal manner or for
any unlawful purpose; or (ix) violate any applicable Guidelines, including
without limitation any Code of Conduct.

4. Privacy Notice
Please refer to our Privacy Statement for information on how FMI collects, uses
and discloses personally identifiable information from you and other Users.

5. Links to Other Site

The Site may contain links to third-party websites. These links are provided as
a convenience to you. FMI does not control and is not responsible for the
content of such third-party websites or the conduct of the operators of such
third-party websites, and does not make any representations regarding the
accuracy, copyright or other statutory or regulatory compliance, legality or
decency of any of the content or other materials on such third-party websites.
FMI encourages you to exercise discretion while browsing the Internet and the
Site. If you decide to access linked third-party websites, you do so at your
own risk.

6. Disclaimers; Limitation on Liability

Because of the variety of possible sources of Site Content, and the inherent
hazards and uncertainties of electronic distribution, there may be delays,
omissions, or inaccuracies in such Site Content. Moreover, Site Content may
include facts, views, opinions, and recommendations of individuals and entities
other than FMI. FMI does not endorse, assert, or guarantee the truthfulness or
reliability of any such facts, views, opinions, or recommendations, nor any
statements made by third parties, including, without limitation, information
contained in the public postings areas of the Site and information provided or
statements made by celebrity, "expert," or similar guests on the Site.

THE SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY SITE AND SITE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. FMI DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THE SITE OR IN THE SITE CONTENT. FMI DOES NOT
WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
CONTENT, THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FMI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FMI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, A SITE OR ANY SITE CONTENT (INCLUDING ANY DOWNLOADED MATERIALS), EVEN IF FMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FMI’ TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO FMI, IF ANY, FOR PRODUCTS OR SERVICES IN CONNECTION WITH THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Indemnity

You agree to indemnify, defend at your cost and hold harmless FMI, its
affiliates, subsidiaries, parent companies, and contractors, and each of their
current and former officers, directors, employees, agents, licensors, licensees
and representatives (collectively, the "Indemnified Parties"), from and against
any losses, liabilities, expenses, claims, damages and costs of any nature,
including reasonable attorneys' fees, arising out of or relating to any User
Content you post, store or otherwise transmit on or through the Site or your
use or inability to use the Site, including without limitation any actual or
threatened suit, demand or claim made against the Indemnified Parties arising
out of or relating to your User Content, your conduct, your violation of these
TOU, or your violation of the rights of any third party.

8. Unsolicited Idea Submission Policy

NEITHER FMI NOR ANY OF ITS EMPLOYEES ACCEPTS OR CONSIDERS UNSOLICITED MATERIALS PROVIDED TO FMI REGARDING THE SITE, THE SITE CONTENT, FMI, OR THE PRODUCTS AND SERVICES OF FMI, INCLUDING WITHOUT LIMITATION QUESTIONS, COMMENTS, SUGGESTIONS, IDEAS, PLANS, NOTES, DRAWINGS OR OTHER ARTWORK, DEMOS, PROTOTYPES, SAMPLES, ORIGINAL OR CREATIVE MATERIALS, OR SIMILAR INFORMATION (COLLECTIVELY,
"SUBMISSIONS"). SOME EXAMPLES INCLUDE IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY SUBMISSIONS TO FMI OR ANYONE AT FMI. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR SUBMISSIONS, YOU STILL
SEND THEM, FMI MAY NOT TREAT YOUR SUBMISSIONS AS CONFIDENTIAL OR PROPRIETARY AND MAY DISCLOSE YOUR SUBMISSIONS TO ANY OTHER PERSON OR ENTITY, WHETHER
PUBLICLY OR PRIVATELY. WITH RESPECT TO ANY SUCH SUBMISSIONS YOU PROVIDE THAT FMI ACCEPTS INADVERTENTLY OR OTHERWISE CONTRARY TO THE ABOVE POLICY, YOU HEREBY
GRANT AN IRREVOCABLE, NONEXCLUSIVE, PERPETUAL, WORLDWIDE, ROYALTY-FREE AND FULLY SUBLICENSABLE LICENSE TO USE, PRACTICE, MAKE, HAVE MADE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY YOUR SUBMISSIONS AND THE INVENTIONS EMBODIED THEREIN FOR ANY COMMERCIAL OR OTHER PURPOSE, WITHOUT ACKNOWLEDGMENT OR COMPENSATION TO YOU.

9. Feedback

You acknowledge and agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, provided by you in the form of email
or other submissions to FMI in response to a request for such materials
("Feedback") are non-confidential and shall become the sole property of FMI.
FMI shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of such Feedback
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you. You agree to execute any and all documents that FMI may
reasonably request in connection with confirming FMI' ownership of and
unlimited right to use such Feedback. This paragraph is not intended to apply
to any personal information about you (such as name, mailing address and e-mail
address), the use and disclosure of which is described in FMI' Privacy
Statement.

10. Children and Mature Content

Please be aware that certain areas on the Site contain mature content and there
may be posted specific age restrictions to access and view such areas. You may
be exposed to Site Content that you find offensive, indecent or objectionable.
By using the Site you assume all risk associated with its use. We encourage
parents to supervise their children’s use of the Site and maintain open
communication regarding appropriate materials for use and viewing by their
children.

11. Copyright Policy; Notice and Procedure for Making Claims of Infringement

You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of FMI to terminate privileges of any User who
repeatedly infringes the copyright rights of others upon receipt of proper
notification to FMI by the copyright owner or the copyright owner's legal
agent.

If you believe that any content appearing on these Site infringes your
copyright rights, FMI wants to hear from you. Please forward the following
information in writing to the Legal Department Copyright Agent at the address
listed below:

(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing
material is located;
(d) a statement by you that you have a good faith belief that the disputed use
has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical
signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in
your notice is accurate, that you are the copyright owner or authorized to act
on the copyright owner's behalf.

Name and address of agent to receive notification of claimed infringement:

Copyright Agent
Fantasy Makers Industries, Inc.
8208 S Placita Juan Tabo
Tucson, AZ 85747

12. General

a. Language; Interpretation

It is the express wish of the parties that these TOU and all related documents
have been drawn up in English. C’est la volonte expresse des parties que la
presente convention ainsi que les documents qui s’y rattachent soient rediges
en anglais. The headings of sections, paragraphs and subparagraphs of these TOU
are for convenience of reference only and are not intended to restrict, affect
or be of any weight in the interpretation or construction of the provisions of
such sections, paragraphs or subparagraphs.

b. U.S. Export Controls

Software available in connection with the Site (the “Software”) may be subject
to United States export controls. No Software may be downloaded from the Site
or otherwise exported or re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk. You further agree not
to upload to any Site any data or software that cannot be exported without
prior written government authorization, including, but not limited to, certain
types of encryption software.

c. Termination; Survival

Notwithstanding any of these TOU, FMI reserves the right, without notice and in
its sole discretion, to terminate your license to use the Site and to block or
prevent your future access to and use of the Site. Upon termination of these
TOU for any reason, Sections 6 (Disclaimers; Limitation on Liability), 7
(Indemnity) and 12 (General), together with any licenses granted to FMI
hereunder, will survive.

d. Governing Law; Venue and Jurisdiction; Time Limit to Bring Claims

These TOU and your use of the Site shall be governed by laws of the State of
Arizona, without regard to its conflict of laws principles. You hereby
consent to the exclusive jurisdiction and venue of the state and federal courts
within Pima County, Arizona, for any claims arising out of or relating to
your use of the Site, the materials on this Site, and/or these TOU. In no event
shall any claim, action or proceeding by you related in any way to the Site
(including your visit to or use of the Site) be instituted more than one (1)
year after the cause of action arose.

e. Severability; Waivers

If any provision of these TOU is found to be invalid or unenforceable by any
court having competent jurisdiction, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions. The failure of FMI to insist upon
or enforce any of the provisions of these TOU, or to exercise any rights or
remedies under these TOU, will not be construed as a waiver of FMI' right to
assert or rely upon any such provisions, rights, or remedies in that or any
other instance; rather, the same will be and remain in full force and effect.
No waiver of any term of these TOU shall be deemed a further or continuing
waiver of such term or any other term.

©2007 Fantasy Makers Industries, Inc. All rights reserved. ® and TM denote
trademarks owned by FMI and/or its parents, subsidiaries, affiliates,
licensors, licensees, or other companies. Any use by FMI of another’s
trademarks does not imply objection to such party’s intellectual property
rights.