FANTASY DREAMS STUDIO®

These General Terms and Conditions of Use were updated on 08-08-2022

The Fantasy Dreams Studio Terms of Service (hereinafter the “Terms of Service“) explains the terms that govern your use of our various games, software, products, services, websites, accounts, applications, online stores. line, features, content and activities (collectively the “Services” and individually the “Service”). These Terms of Service govern your use of any Service that is displayed or linked to these Terms of Service, or owned, controlled or published, by or for: Fantasy Dreams Studio, Dynamic Software, Fantasy Dreams Entertainment, Interactive Core . or their affiliates (hereinafter “Fantasy Dreams Studio” or “we”, “us” or “our”). In addition to these Terms of Service, separate guidelines, rules, or terms of service or sale (the “Additional Terms”) may apply to your use of a particular Service. If applicable, such Additional Terms will be made available to you before you begin to use any Service to which they apply. In the event of any inconsistency between these Terms of Service and the Additional Terms, the Additional Terms will prevail unless expressly stated otherwise. Certain Services are not governed by these Terms of Service, but are governed by separate terms of service or other policies, which will be communicated to you when you use or access them. In the absence of such communication, these Terms of Use will govern the Services.

Before using the Services, you must read and agree to these Terms of Service and all Additional Terms and Fantasy Dreams Studio’s Privacy Statement which are incorporated by reference into these Terms of Service. If you do not agree to these Terms of Service, the Fantasy Dreams Studio Privacy Statement, or any other relevant additional terms, please uninstall the Services or discontinue using them.

MANY DISPUTES THAT MAY ARISE IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES MAY BE SUBJECT TO BINDING ARBITRATION PROCEEDINGS. BEFORE USING OUR SERVICES, PLEASE READ THE ARBITRATION PROVISIONS IN CLAUSE 15 OF THESE TERMS OF USE.

1. Region

These Terms of Use constitute a contract between you and the Fantasy Dreams Studio affiliate located in France. Depending on where you live, you may not be able to use the Services if you live in a jurisdiction where use of the Services is prohibited by applicable law or these Terms of Service.

2. Limited License

Fantasy Dreams Studio and its licensors own and reserve all rights in the Services, and related intellectual property rights, including audio-visual elements and other copyrightable materials (such as the general appearance of Services), trademarks, logos, trade names, service marks and trade identities of Fantasy Dreams Studio and its licensors, patentable subject matter and all other forms of intellectual property. Subject to your continued compliance with these Terms of Service, Fantasy Dreams Studio grants you a limited, non-exclusive, voidable, non-assignable, non-sublicensable, and non-transferable license to use the Services for personal, non-commercial purposes. Fantasy Dreams Studio reserves the right, in its sole discretion, to suspend or terminate, with immediate effect, the availability of the Services and the Content (and their elements and functions) for any reason whatsoever, without notice and without incurring any liability.

3. Restrictions on Use

In order to use the Services, you must not do the following :

Violate any applicable law or regulation ;
Use the Services for commercial or political purposes ;
Copy, capture, reproduce, re-display, reverse engineer, decompile, hack or modify the Services, including any server or network used to provide the Services (except to the extent that the application of the foregoing is prohibited by applicable law ;
Access, or attempt to access, an Account (as defined below) that is not yours ;
Disrupt the use of the Services by another user ;
Cheating or giving yourself an unfair advantage in the Services or other Fantasy Dreams Studio games or services ;
Create, develop, modify, distribute, use, promote, advertise, sell, market or otherwise exploit any unauthorized software, service or tool, or cheat or gain advantage in offline, online or multiplayer modes Services or Fantasy Dreams Studio games or services ;
Perturb any security feature of the Services ;
Use an unauthorized server to emulate or access the Services ;
Intercept, extract or collect data from the Services or its users without authorization ;
Infringe the intellectual property rights or other rights of Fantasy Dreams Studio or third parties ;
Remove any trademark, copyright or other intellectual property notices. We may immediately suspend or terminate your access to the Services if you violate any of these restrictions or otherwise violate these Terms of Service.

4. Use of the Services by Children

The Services are not directed to children under the age of twelve (12), and Fantasy Dreams Studio will not knowingly collect personal information from any child under the age of twelve (12) (or other applicable minimum age where you reside). ) without obtaining the verifiable express parental consent that the law may require. Children over the age of twelve (12) (or any other applicable minimum age in your country of residence) but under the age of eighteen (or any other age of majority in your country of residence) must obtain the consent of their parent or guardian before using the Services. Where applicable, interactive video games (collectively the “Games” and individually the “Game”) offered through the Services indicate the recommended or required minimum age on packaging and in information displayed online. You agree not to play, or allow others to play, any particular Game knowing that it would violate the applicable minimum age rating in your country. Parents and guardians of children under the age of eighteen (or the applicable age of majority where you live) should read these Terms of Service carefully before allowing children to use the Services.

5. Account Registration

To take advantage of certain features of the Services, you may need to register an account with Fantasy Dreams Studio (hereinafter the “Account”). You are responsible for maintaining the security of your Account, and all activities performed on it. When registering for an Account, you agree to: :

Not to use a username or an e-mail address that impersonates another natural or legal person or identifies him personally ;
Provide accurate information and keep it up to date ; and
Not sell your Account to any third party, or let another person use your Account. Fantasy Dreams Studio may suspend or cancel your Account at any time and for any reason, including if Fantasy Dreams Studio believes that you have violated these Terms of Service. Notwithstanding the foregoing, if you live in France, Fantasy Dreams Studio will give you at least thirty (30) days notice before terminating your Account.

If you have registered an Account and wish to terminate it, please contact the relevant customer service center in your Region by visiting the site specified below in clause 12. Upon termination of your Account for any reason either, Fantasy Dreams Studio reserves the right to delete it permanently.

6. Virtual Credits

Fantasy Dreams Studio may allow you to use “Virtual Credits” to redeem for digital items and online services. Virtual Credits may have different names. Virtual Credits are neither currency nor real property and have no monetary value. Fantasy Dreams Studio remains the exclusive owner of the Virtual Credits and has the exclusive right to manage and modify them and all licenses for digital items and services redeemed using Virtual Credits. Your use of Virtual Credits is subject to a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, and cancellable license. Unless expressly permitted by Fantasy Dreams Studio, it is strictly prohibited, and considered a violation of these Terms of Service, to trade or attempt to trade or facilitate the trading of Credits virtual or other virtual items for money or other form of goods.

If permitted by Fantasy Dreams Studio, you may add Virtual Credits to an Account using the payment methods specified for the platform you use to access the Services. Fantasy Dreams Studio reserves the right, in its sole discretion, to change the price of Virtual Credits at any time, without notice or refund. You are responsible for payment of taxes and duties associated with the purchase or redemption of Virtual Credits. Except as required by law, you are not entitled to a cash refund for unused Virtual Credits.

Unless you live in the European Union or have acquired or use the Services in a country located in the European Union, you agree not to bring any proceedings against Fantasy Dreams Studio or its affiliates, suppliers of services or licensors arising out of or relating to your use of Virtual Credits, including: any claims based on the theory that you own the Virtual Credits or related digital items or services; any change in the amount of Virtual Credits required to obtain a virtual item or service; or the removal of access to a virtual item or service, in particular following the termination of the Account.

7. Purchases from Fantasy Dreams Studio

Purchases made through the Fantasy Dreams Studio online store are not governed by these Terms of Service but by the Terms and Conditions of Sale and other policies posted on the website for your Region (currently Terms and Conditions If you have made a purchase from Fantasy Dreams Studio’s online store and have any questions regarding the terms and conditions governing it, including whether you have the right to cancel an order or request a refund, please visit the Fantasy Dreams Studio online store website for your Region to find out more.

To the extent not governed by the aforementioned Terms and Conditions and other policies posted on the Fantasy Dreams Studio Online Store website, or other Additional Terms, and subject to your consumer rights in under local law, the following provisions will apply to purchases you make directly from Fantasy Dreams Studio. If you place an order with Fantasy Dreams Studio, we reserve the right, at our discretion, to refuse your order or to limit the quantity of products that you may purchase. Before accepting your order, we also reserve the right to require that you provide us with additional information. If we accept your order, we will send you a confirmation notice by e-mail providing the relevant details of the purchase, and a binding contract will be formed between you and us. If we cannot accept your order due to the unavailability of a product, we reserve the right to notify you of its future availability (subject to your consent).

For purchases made by customers residing outside the European Union :

Physical products are at your own risk from the time of delivery, while downloaded products are at your own risk from the time the download is complete. Subject to the law in your country, you may not cancel an order after receipt of confirmation for a physical product and after the download has begun for a digital product.

For purchases made by customers residing in the European Union :

Below are the terms under which Fantasy Dreams Studio provides products to you, whether physical or digital.

Orders for physical products: After placing an order for physical products, you will have fourteen (14) days from the date of receipt of the products to cancel your order without justification. This right does not apply to products which are audio or video recordings or software, in sealed packaging, if you have removed them from their packaging after receiving them.

Ordering Digital Products: After placing an order for Digital Products, you will have fourteen (14) days from the date of placing the order to cancel your order without justification. This right no longer applies once you start downloading or streaming the digital product. If we deliver the digital product to you immediately, which you agreed to when placing your order, you will not be able to cancel.

If you wish to exercise your right to cancel, you can contact Fantasy Dreams Studio at http:fantasy-dreams-studio.com/support to submit the model cancellation form below.

– I hereby notify you that I am terminating my contract for the following:

[INSERT ORDER ID AND PRODUCT NAME]

– order placed on [INSERT DATE] / product received on [INSERT DATE]

– Consumer name

– Consumer address

Date

– Account ID

– Email address associated with purchase or Account

You must send your communication within the relevant fourteen (14) days to ensure the validity of your cancellation. We will refund you, using the same method you used for payment, within fourteen (14) days of the date you notify us of your wish to cancel the digital product or the date we received the returned physical products.

When you have purchased an auto-renewing subscription to one of our Services, you agree that Fantasy Dreams Studio will process the associated payments automatically. Your subscription will continue to renew until you cancel it. Unless otherwise indicated, prices do not include delivery charges or certain other applicable charges, which will be indicated to you before you place your order. Depending on the place of destination, the products may be subject to additional import duties or taxes, for which you are liable.

8. User Generated Content

Fantasy Dreams Studio may provide you with the ability to upload, transmit or otherwise make available on the Services content that you have created (“User Generated Content”). Subject to local law, you grant Fantasy Dreams Studio the unlimited, worldwide, irrevocable, perpetual, and royalty-free right to use, reproduce, modify, distribute, disclose, sell, sublicense, display, perform in public, publish, broadcast, translate, promote, otherwise exploit your User Generated Content, and make derivative works thereof, without indemnity, without notice or mention in your favour, and to authorize other third parties to do the same. To the extent permitted by your local law, you waive all moral rights you may have in User Generated Content.

You are entirely responsible for your User Generated Content and submit it at your own risk. When you submit User Generated Content, you agree that: (a) you are the sole and exclusive author and holder of the rights to the User Generated Content and may grant them without creating any obligation or liability for Fantasy Dreams Studio or a third party; (b) the User Generated Content does not infringe any intellectual property rights or other rights of any third party (including rights of privacy and publicity); (c) User Generated Content will not cause injury or harm to Fantasy Dreams Studio or any third party; and (d) the User Generated Content does not violate these Terms of Service.

Fantasy Dreams Studio may, at its discretion, remove, delete, edit or refuse to post User Generated Content, but has no obligation to do so. We are not responsible for the removal or non-removal of User Generated Content.

9. Instructions for communities

You must adhere to the following guidelines (the “Communities Guidelines”) when using our online communities, uploading content to the Services (including User Generated Content) or engaging with other users on the Services :

You must treat others with respect. Swearing, harassment, intimidation, threats, insults and personal attacks are prohibited ;
You are prohibited from using the Services to encourage hateful or unlawful conduct, including crimes against humanity, acts of terrorism, child exploitation, acts of violence against women or any other person or group. , attacks on the human dignity of others, or hatred of another because of race, religion, national origin, gender, sex, sexual preferences or disabilities ;
You are prohibited from using the Services to distribute content that is obscene, pornographic, defamatory, hateful or unlawful, or that violates any intellectual property rights or other rights of any person or entity ;
Respect the privacy of others. You are prohibited from revealing name, address, phone number, email address, date of birth, social security number, credit card number, medical information, financial information , the likeness of another person or any other information likely to allow him to be identified.
You are prohibited from impersonating another natural or legal person, misrepresenting your identity or your relationship with another natural or legal person, and making other statements that are false, fraudulent or misleading.

If you discover any content or conduct that violates this clause or these Terms of Service, or is otherwise unlawful or infringes any right, please report it to us by contacting the customer service center listed for your Region at clause 11. Please note that we have the right, but not the obligation, to monitor the Services, and we accept no responsibility for the content or behavior you encounter on the Services.

10. Artistic Works of Fiction

By accepting these conditions, you grant and acknowledge that the products and content, edited, published and operated by Fantasy Dreams Studio come from the imagination and fiction. Fantasy Dreams Studio appreciates knowing that its users can be able to separate reality from fiction.

If you are using or accessing an application that is operated or published by Fantasy Dreams Studio through which you believe is harmful to you in any way, please be aware that Fantasy Dreams Studio would like to remind you that all of its creations , games, scenarios, and its contents are fictitious. Fantasy Dreams Studio will in no way bear the responsibility of a person suffering from egocentrism through fictitious, unreal facts, resulting from an imaginary scenario or character, being the fruit of an artistic creation (level design, character design , storyboards, etc.).

11. Information

Fantasy Dreams Studio wishes to inform you, being a creator and designer of multimedia content, Fantasy Dreams Studio has established a Parental Notice so that parents can be better informed about the risks of using and viewing video games.

12. Customer Service Requests

If you have any questions or other customer service inquiries, please contact the Customer Service Center http://legend-of-aestryla.com/contact

13. Relations with third parties

A. Third Party Software and Services. The Services may provide you with the ability to access third party websites, software, services, advertisements or other materials. We do not endorse or control such third-party materials, and we are not responsible for your interactions with them. When accessing third party materials, please carefully read the terms of use and privacy policies relating thereto.

B. Apple. If you use or access an application which is operated or published by Fantasy Dreams Studio and which posts these Terms of Service or provides a link to them through an Apple iOS device (hereinafter an “Application iOS“), the following Additional Terms apply to you and are incorporated into these Terms of Service by reference: :

(1) You acknowledge that these Terms of Service are solely between you and Fantasy Dreams Studio, and that Fantasy Dreams Studio, and not Apple, is responsible for providing the Services and any content associated therewith.

(2) You may only use an Apple iOS application on an Apple-branded product that you own or control and subject to the usage rules set forth in the App Store Services Terms and Conditions (currently available from http ://www.apple.com/legal/itunes/fr/terms.html), provided that an iOS Application can be viewed and used by other accounts associated with you using the Family Sharing feature or the program volume purchase.

(3) You acknowledge that Apple has no obligation whatsoever to provide you with maintenance or support services with respect to any iOS Application. To the extent the law requires maintenance or support service, Fantasy Dreams Studio, not Apple, is obligated to provide it.

(4) In the event that a warranty obligation is not disclaimed under these Terms of Service or the Additional Terms and/or cannot be disclaimed under applicable law, Fantasy Dreams Studio, and not Apple, is obliged to provide the guarantee. If an iOS Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to an iOS Application.

(5) Notwithstanding anything to the contrary herein, you acknowledge that, solely as between Apple and Fantasy Dreams Studio, Fantasy Dreams Studio is responsible for addressing any claims you may have relating to the Services, including: (a ) product liability claims; (b) any claim that the Services fail to comply with applicable legal and regulatory requirements; and (c) claims arising under consumer protection laws, data protection laws or similar legislation.

(6) If the Services are alleged to have infringed the intellectual property rights of a third party, Fantasy Dreams Studio, and not Apple, is responsible for the investigation, defense, settlement and acquittal of an action for infringement.

(7) You agree to abide by any third party terms that govern your use of an iOS Application.

(8) You acknowledge and agree that Apple and its affiliates are third party beneficiaries of these Terms of Service and that Apple has the right to enforce this Section 12(B) against you as a third party beneficiary hereof.

If you use or use the Services through the service of a Microsoft video game service or platform (e.g. Xbox One Series X or Xbox Live), the following Additional Terms apply to you and are incorporated into these Terms terms of use by reference:

(1) To the extent permitted by applicable law, Microsoft and its affiliates: (a) have no warranty obligations with respect to the Services; and (b) assume no liability to you for any claims or damages associated with the Services.

(2) Microsoft and its affiliates are under no obligation to provide you with support for the Services or any additional services.

(3) Nothing in these Terms of Service is intended to: (a) prevent or limit your access to any software product intended for use on a Microsoft video game platform, including in connection with updates or related digital content; or (b) govern or otherwise modify your relationship with Microsoft under the agreements Microsoft has with you, including the Xbox Live Terms of Service.

If you access or use the Services through a PlayStation®4 or PlayStation®5 console, the following Additional Terms apply to you and are incorporated into these Terms of Service by reference:

(1) You acknowledge that these Terms of Service are a contract between you and Fantasy Dreams Studio, and not a contract between you and Sony Interactive Entertainment, Inc. or any of its affiliates (collectively “Sony”) ). Fantasy Dreams Studio, not Sony, is responsible for the Services.

(2) You are granted a limited license to use the Services only on a Sony system that you own or control or that provides the Services to you via PlayStation™Network.

(3) Sony is considered a third party beneficiary of Fantasy Dreams Studio under these Terms of Service.

(4) With respect to users in Brazil, Canada, Mexico or the United States, the following Additional Terms apply: (a) purchase and use of Items are subject to the Terms of Service and the Network User Agreement; and (b) a sublicense to use this online service has been granted to you by Sony Computer Entertainment of America.

(5) With respect to users in South Africa, Germany, Saudi Arabia, Australia, Austria, Belgium, Croatia, Denmark, United Arab Emirates, Spain, Finland, France, Greece, India, Ireland, Israel, Italy, Kuwait , Luxembourg, New Zealand, Norway, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Russia, Slovenia, Sweden, Switzerland, Turkey or Ukraine, the following Additional Terms apply: (a) Any content purchased in store of a game is purchased from Sony Interactive Entertainment Europe Limited (“SIENE”) and is subject to the Network Terms of Service and User Agreement available on PlayStation™Store; (b) check usage rights with each purchase as these may vary from item to item; and (c) unless otherwise specified, the rating of content available in a game’s store is identical to that of the game itself.

14. Wireless Features

The Services may allow you to access certain features on your wireless device, such as the ability to download content to the Services, receive messages from the Services, or download applications. Please note that your Internet provider may charge you for message, data transfer, and other charges for using such wireless features, and may also prevent you from using certain features of the Services.

15. Mandatory Arbitration and Class Action Waiver

Unless you live in the European Union and/or use the Services in the European Union, or unless the law of your country prohibits it, the following clause 14 will apply in the event of a dispute, allegation or action between you and Fantasy Dreams Studio, arising out of or relating to the Terms of Service or your use of the Services (collectively a “Dispute”). If you live in the European Union, you can request online dispute resolution by visiting the European online dispute resolution platform. You can find information on this at the following link: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en.

In the event of a Dispute, the aggrieved party will send the other party a written notification indicating its name, address and contact details as well as a description of the Dispute and a proposal for settlement. To notify Fantasy Dreams Studio of a Dispute, please send notice to Fantasy Dreams Studio at the postal address for your Region listed above in clause 1, Attention: Legal Department. You and Fantasy Dreams Studio agree to attempt to resolve the Dispute informally for a period of sixty (60) days from receipt of notice of the Dispute. If you and Fantasy Dreams Studio are unable to settle the Dispute within sixty (60) days, the aggrieved party may seek binding arbitration as the sole means of settlement. IN CASE OF ARBITRATION, THERE IS NO JUDGE OR JURY, THE ARBITRATION IS SUBJECT TO CERTAIN RULES OF CONFIDENTIALITY AND THE JURISDICTIONAL REVIEW OF THE OUTCOME OF THE ARBITRATION IS LIMITED. Arbitration proceedings will be conducted by JAMS before a neutral arbitrator in accordance with JAMS’s Streamlined Arbitration Rules and Procedures and subject to applicable law and venue for your Region, which can be found in Section 18(B) of these General Conditions of Use. The JAMS Consumer Arbitration Minimum Standards will apply if you are a “consumer” as defined by JAMS, including the right to an in-person hearing in your local area. When permitted by the arbitrator, Fantasy Dreams Studio will allow you to testify in arbitration proceedings by telephone. Production of exhibits will be permitted under the applicable arbitration rules. All parties to the arbitration have the right, at their own expense, to be represented by an attorney or other defender of their choice. You and Fantasy Dreams Studio will pay arbitration fees and other costs in accordance with the applicable arbitration rules. If the arbitration rules or applicable laws require Fantasy Dreams Studio to pay a greater proportion of such fees and costs to enforce this Clause 15, Fantasy Dreams Studio may pay them and submit to arbitration.

The arbitrator’s decision shall consist of a written statement indicating the settlement of each claim in the Dispute and shall record the data collected and the conclusions on which the amount of any award is based. Judgment on the arbitration award and the indemnity (if any) may be registered with or by any court having jurisdiction over the Parties. This clause 15 does not prevent either party from seeking redress in small claims court for Disputes within the jurisdiction of that court.

This Section 15 does not apply to any legal action brought by Fantasy Dreams Studio seeking injunctive or other equitable relief relating to any actual or potential harm, cost or damage relating to the Services. Further, this Clause 15 does not apply to any controversies, allegations or claims regarding the processing of personal information from the European Union, European Economic Area or Switzerland that is transmitted to Fantasy Dreams Studio in the United States. United States (for any inquiries or claims regarding such transfer of personal information, please follow the procedures set forth in Fantasy Dreams Studio’s Privacy Statement).

DISPUTES SHALL BE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE COMBINED WITH ANY OTHER ARBITRATION PROCEEDING OR ARBITRATION PROCEEDING OF ANY OTHER KIND REGARDING ANY CLAIM OR DISPUTE ARISING FROM ANY OTHER PARTY. In the event that such class action waiver is deemed unlawful or unenforceable, our agreement to arbitrate will not apply and the Dispute shall be adjudicated exclusively in individual court.

If the arbitration provisions of this clause 14 are held to be unenforceable for any reason, you agree that the venue for the resolution of any Dispute between you and us shall be the court of competent jurisdiction specified in clause 18(b) (which differs depending on your Région).

16. Disclaimer of Representations and Warranties

YOU USE THE SERVICES AT YOUR OWN RISK. FANTASY DREAMS STUDIO MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, INCLUDING THAT THE SERVICES: ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT; WILL WORK CLEANLY WITH OR BE COMPATIBLE WITH THIRD-PARTY HARDWARE AND SOFTWARE; ARE ERROR-FREE, UNINTERRUPTED OR CONTINUOUSLY AVAILABLE; MEET YOUR REQUIREMENTS; OR ARE LEGAL IN A PARTICULAR COUNTRY. TO THE EXTENT PERMITTED BY LAW, FANTASY DREAMS STUDIO DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOME COUNTRIES LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. IF YOU LIVE IN OR HAVE PURCHASED OR USE THE SERVICES IN A COUNTRY THAT OFFERS STATUTORY OR OTHER GUARANTEES UNDER APPLICABLE LAW, NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT SUCH RIGHTS.

17. Limitation of Liability

TO THE EXTENT APPLICABLE LAW PERMITS, FANTASY DREAMS STUDIO AND ITS EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, AGENTS, DISTRIBUTORS, LICENSORS, DEALERS, PROVIDERS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (HEREINAFTER THE “FANTASY DREAMS STUDIO PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE FOLLOWING: (I) YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE PERFORMANCE OF THE SERVICES; (II) GAMES, PRODUCTS, CONTENT, INCLUDING USER-GENERATED CONTENT OR ANY OTHER FEATURES, FEATURES, MATERIALS OR INFORMATION APPEARING ON THE SERVICES, MENTIONED IN THE SERVICES, MADE ACCESSIBLE THROUGH THE SERVICES, BY LINK OR OTHERWISE; (III) ANY STEPS TAKEN IN INVESTIGATION BY THE FANTASY DREAMS STUDIO PARTIES OR AUTHORITIES REGARDING YOUR USE OF OR ACCESS TO THE SERVICES; (IV) ANY MEASURES TAKEN TO DEFEND THE RIGHTS OF HOLDERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS; (V) ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SERVICES; (VI) DAMAGES CAUSED TO YOUR OR ANOTHER PERSON’S DEVICE, HARDWARE, SOFTWARE OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGES ARISING FROM A SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, FAILURE NETWORK OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION; OR (VII) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE FOR ANY REASON. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FANTASY DREAMS STUDIO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL POSSIBLE DAMAGES, LOSSES AND CAUSES OF ACTION SHALL IN NO EVENT EXCEED THE AMOUNT EQUAL TO THE AMOUNT PAID BY YOU TO FANTASY DREAMS STUDIO DURING THE PREVIOUS TWELVE (12) MONTHS. NONE OF THESE TERMS AFFECTS YOUR LEGAL RIGHTS IN YOUR PLACE OF RESIDENCE. IN THE EVENT OF INCONSISTENCE BETWEEN YOUR RIGHTS UNDER APPLICABLE LOCAL LAW AND THESE TERMS AND CONDITIONS OF USE, THE FIRST WILL PREVAIL.

If you live in the European Union or another country that prohibits the exclusion or limitation of incidental or consequential damages that are described above in this clause 16, such exclusions and limitations may not apply to you. Nothing in these Terms of Service limits our liability to you for: (1) death or personal injury arising from our negligence; (2) fraud or fraudulent representations; (3) breach of any provision of applicable law (including the Consumer Rights Act 2015 in the UK) which cannot be limited or excluded; or (4) any other liability which at law cannot be limited or excluded. Subject to the foregoing, in no event will we be liable to you for any economic loss, and any liability we have for any loss you may incur as a result of any contract will not exceed, for any period of twelve months from the date of the contract, the charges which you will have to pay for the relevant Service during this period of twelve months or will not include losses which were reasonably foreseeable. Losses are considered foreseeable if you or we could have foreseen them when we received your order.

18. Additional Provisions

A. Updates to the Terms of Service. Fantasy Dreams Studio reserves the right to modify these Terms of Service at any time, including by posting updated Terms on the Services (subject to applicable law). By continuing to use the Services after such updates, you agree to the changes to the Terms of Service. You may also be required to give your opt-in consent to such updates, and if you refuse to accept them, you may not be able to continue using the Services.

B. Governing Law and Jurisdiction. Unless otherwise stated, these Terms of Service shall be governed as follows and subject to the jurisdiction of the following courts :

If you live in the Americas Region, these Terms of Service will be governed by the laws of the State of California, USA, and the state and federal courts located in Los Angeles, California, USA. will have exclusive jurisdiction.
If you live in the EMEA-Asia Region, these Terms of Use will be governed by English law, unless you live in a European Union country other than England (which, for the purposes of this paragraph, includes Scotland and Northern Ireland), in which case certain mandatory laws in your country may apply for your benefit and protection in addition to or instead of certain provisions of English law. You agree that any Dispute arising between you and us in relation to these Terms of Service or any contract will only be resolved by the English courts, except that if you live in a country within the European Union, you may choose to take legal action either in your country or in England. If you live in the European Union and we take legal action against you, we must do so in your country. The European Online Dispute Resolution Platform, currently accessible from http://ec.europa.eu/consumers/odr, provides you with information on an alternative dispute resolution solution that may be of interest to you.

C. Warranty. You agree to defend, reimburse, indemnify and hold harmless the Fantasy Dreams Studio Parties from any and all claims, demands, losses, liabilities or expenses (including attorneys’ fees) arising out of your User Generated Content, use of the Services, breach of these Terms of Service, or breach of intellectual property rights or other rights of any person or entity. We reserve the exclusive right to assume the defense and control of any matter subject to indemnification by you under this paragraph, and you agree to cooperate with Fantasy Dreams Studio in asserting any available defenses.

D. Export Controls. You are prohibited from exporting, re-exporting or uploading or otherwise transferring the Services to any country, territory or person, if doing so would violate the export control laws of the United States or another country. You are responsible for complying with all applicable trade and export control laws and regulations. Without limiting the foregoing, you represent and warrant that: (1) you are not located in a country that is embargoed by or designated by the United States government as a country “supporting terrorism”; and (2) you are not on any list of prohibited or restricted parties maintained by the United States government.

E. Severability. If any provision of these Terms of Use is held to be invalid, unlawful, void or unenforceable, that provision shall be deemed severable and its invalidity shall not affect the validity or enforceability of the remainder of these Terms of Use.

F. Interpretation. To the extent permitted by law, you waive applicable statutory and common law rights that may permit the construction of a contract against its maker. At each instance of the phrase “including” in these Terms of Service, that phrase shall be deemed to mean “including, without limitation.”

G. Cooperation with authorities. Subject to applicable law, Fantasy Dreams Studio reserves the right to involve and cooperate with law enforcement officials in investigations at any time without notice to you and with or without delivery of a subpoena, a search warrant or other formal process. You acknowledge and agree that Fantasy Dreams Studio may provide such law enforcement officials with your electronic communications and data, including your email and chat logs, without incurring any liability to you or any third party except as required by law. prohibited.

H. Survival. In the event of any termination of these Terms of Service, the terms, which by their nature are enforceable after termination, shall survive, including the rights and licenses granted by you to Fantasy Dreams Studio, warranties, disclaimers, disclaimers liability, limitations of liability and provisions regarding jurisdiction, choice of law, class action waiver (if applicable in your country) and binding arbitration (if applicable in your country).

I. Cession. Fantasy Dreams Studio may assign its rights and obligations under these General Conditions of Use, in whole or in part, to a natural or legal person, at any time and without further notice. You may not assign these Terms of Service without our prior written consent.

J. Non-Waiver. No failure or delay by you or Fantasy Dreams Studio in exercising any rights, powers or remedies provided herein shall constitute a waiver; and no waiver of any provision of these Terms of Service shall be effective without a written agreement signed by the party against whom enforcement of the waiver is sought.

K. Entire Agreement. These Terms of Service together with the Privacy Policy, any Additional Terms, and other terms and conditions specific to your use of the Services constitute the entire agreement between the parties with respect to your use of the Services, and supersede all prior or contemporaneous communications, oral or written.

L. Third Party Rights. Except as otherwise set forth in these Terms of Service, these are not intended to confer any rights or remedies upon any person other than the parties hereto, except that any Fantasy Dreams Studio Party may enforce any right or remedy that is expressly granted to it under these General Conditions of Use.

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