This License Agreement (the “Agreement”) is made by and between Folio Fantasy (FF) aka Design to the Nines (d29s) (“Licensor”) and the undersigned individual or entity (“User”).
In consideration of the mutual promises and covenants contained herein, the parties agree as follows:
PLEASE READ THE FOLLOWING CAREFULLY
1. You must be 18 years or older to join and participate in any activities provided by Folio Fantasy.
2. Folio Fantasy is for personal use only.
3. You must not modify, adapt or hack foliofantasy.com (or e-mails sent by Folio Fantasy) or create or modify another website so as to falsely imply that it or e-mails sent by it are associated with Folio Fantasy.
4. You must not attempt to gain access to or retrieve information from Folio Fantasy other than through the user interface provided by foliofantasy.com or e-mails sent to you by Folio Fantasy.
5. You must not, in the use of Folio Fantasy, intentionally or unintentionally violate any applicable local, state, national or international law.
If you choose to participate in the community aspects of Folio Fantasy, such as the forums, you furthermore agree to the following:
1. You must not upload or post any content that is unlawful, harmful, threatening, abusive, harrassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
2. You must not upload or post any content that violates any copyright and/or other intellectual property right.
3. You must not impersonate other users or Folio Fantasy staff.
4. You must not “spam” any part of Folio Fantasy with commercial solicitations.
5. You must not upload or post any personal information about yourself or others, including home addresses, home telephone numbers, credit card numbers, social security numbers, or other government identification numbers.
Violation of any of these user conduct rules will result in the termination of all your Folio Fantasy subscriptions and suspension of your profile.
•We reserve the right to modify or terminate Folio Fantasy for any reason, without notice at any time.
•We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you via e-mail and/or by temporarily placing a prominent notice on the foliofantasy.com website. What constitutes a “material change” will be determined at our sole discretion, in good faith and reasonable judgment.
•We reserve the right to refuse service to anyone or terminate anyone’s service for any reason at any time.
•We reserve the right to remove forum posts and other user uploaded content for any reason, without notice at any time.
By uploading or posting content to the community aspects of Folio Fantasy, such as the forums, you grant a perpetual non-exclusive license to Folio Fantasy to display the content on Folio Fantasy, analyze and use the content in the conduct of Folio Fantasy business, syndicate the content to other sites or services, excerpt the content, and use the content for promotional purposes.
DISCLAIMER OF WARRANTIES
FOLIO FANTASY, INCLUDING BUT NOT LIMITED TO ITS WEBSITE AND ASSOCIATED SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITATION OF THE FOREGOING, FOLIO FANTASY AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT ASSOCIATED WITH FOLIO FANTASY; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FOLIO FANTASY, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. FOLIO FANTASY AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL FOLIO FANTASY OR ITS LICENSORS (INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE FOLIO FANTASY, EVEN IF ANY OF THE FOREGOING PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF FOLIO FANTASY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
All copyrights in and to Folio Fantasy, including but not limited to the website, compilation of content, postings, subscription content (including Paid Content) not in the public domain, Folio Fantasy software, or any parts of the aforementioned are owned by Folio Fantasy and/or its suppliers, authors, publishers and/or licensors.
FOR COPYRIGHTED CONTENT AVAILABLE ON/THROUGH FOLIO FANTASY UNDER A CREATIVE COMMONS OR OTHER LICENSE, YOU MUST ADHERE TO THE CONDITIONS SET FORTH IN THE RESPECTIVE LICENSE AS LINKED TO OR DISPLAYED BY FOLIO FANTASY.
FOR COPYRIGHTED CONTENT AVAILABLE ON/THROUGH FOLIO FANTASY FOR WHICH ALL RIGHTS ARE RESERVED, YOU MUST NOT REPRODUCE, FORWARD OR SHARE SUCH CONTENT WITH OTHERS (OTHER THAN PERMISSIBLE UNDER APPLICABLE COPYRIGHT LAW).
DUE TO CONSTRAINTS FROM CERTAIN PUBLISHERS, AUTHORS AND LICENSORS, INDIVIDUAL TITLES MAY BE AVAILABLE ONLY TO SUBSCRIBERS FROM CERTAIN TERRITORIES. YOU AGREE TO REGISTER FOR SUCH TITLES ONLY IF YOU RESIDE IN THE DESIGNATED TERRITORY.
FAILURE TO COMPLY WITH THESE TERMS MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
The Folio Fantasy logo and the names of all Folio Fantasy products and/or services are either trademarks or service marks, or registered trademarks and/or service marks of Folio Fantasy. Folio Fantasy owns the design, format and layout of Folio Fantasy.
APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of Folio Fantasy may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Folio Fantasy or relating in any way to your use of Folio Fantasy resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving Folio Fantasy t or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
PROVISIONS UNENFORCEABLE OR INVALID
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ASSIGNMENT / NO JOINT VENTURE
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Folio Fantasy may transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. Folio Fantasy and you are independent entities, and nothing in these Terms, or via use of foliofantasy.com, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Folio Fantasy and you.
Folio Fantasy reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your membership. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Folio Fantasy Service will be deemed acceptance thereof.
If you fail, or Folio Fantasy suspects that you have failed, to comply with any of the provisions of this Agreement, Folio Fantasy, at its sole discretion, without notice to you may terminate this Agreement and/or your Account.
PLEASE READ BEFORE DOWNLOADING DIGITAL FILE!
Single-User License Agreement for Access to Folio Fantasy Digital Files
This License Agreement (the “Agreement”) is made by and between Folio Fantasy aka Design to the Nines (“Licensor”) and the undersigned individual or entity (“User”).
A. FF hereby grants You a non-exclusive, non-transferable license to the digital file for your sole use.
B. You may install the file on your computer and on one other of your personal devices if they are accessible by only You.
2. Authorized Use
A. The digital file is copyrighted by FF, as indicated. Except as specified herein, no part of the digital file may be reproduced or transmitted in any form, including transmittal by e-mail, by file transfer protocol (FTP), or by being made part of a network-accessible system, without the prior written permission of FF.
B. Under no circumstances are You permitted to reproduce or distribute all or part of any document for external use or for use in any other site or group of sites.
C. Concurrent viewing of the digital file on two or more computers and viewing the digital file through a local area network, wide area network, or any other type of network including cloud-computing access is prohibited by this license. If a digital file is stored on your computer, and your computer is accessible to other users on a network, the file should be locked so as not to be accessed by other users on the network.
D. You may not sell, sublicense, lease, rent, modify, merge, adapt, translate, assign or otherwise transfer any of the digital file or parts of the file, or remove any proprietary notice, watermark, or label appearing on the file, including any copyright and trademark notices.
E. Allowable exemptions to these terms of authorized use are specified under the US Copyright Law Fair Use Doctrine, (U.S.C. Title 17, Section 107). Any breach of this Agreement is cause for revocation of this License.
3. Intellectual Property
All intellectual property contained within the digital file, and all trademarks, service marks, copyrights, ownership and other rights therein are and shall remain the sole and exclusive property of FF. Other copyrights belonging to third parties are and shall remain the property of their respective copyright owners.
FF reserves the right to change file settings, permissions, and modes of access on subsequent file downloads at its discretion without prior notice.
FF MAKES NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE SUFFICIENCY, ACCURACY OR UTILIZATION OF, OR ANY INFORMATION OR OPINION CONTAINED OR REFLECTED IN, OR PRODUCED THROUGH, ANY OF THE PRODUCT. AWWA EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT IS PROVIDED “AS IS.” THE USER ASSUMES ALL RISK OF USE. NO OFFICER, DIRECTOR, EMPLOYEE, MEMBER, AGENT, OR REPRESENTATIVE OF AWWA IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY.
5. Disclaimer & Indemnification
In no event will FF be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of information presented in this digital file. In particular, FF will not be responsible for any costs, including but not limited to those incurred as a result of lost revenue. In no event shall FF’s liability exceed the amount paid by the Licensor for the digital file license.
You agree to indemnify, defend, and hold harmless FF and its Sections and each of their respective officers, directors, employees, legal representatives, agents, contractors, successors, and assigns from and against any and all losses, claims, demands, costs, damages, expenses, judgments, awards, settlements or liabilities in connection with any third party claim, suit, action, or proceeding resulting from or arising out of a third party claim based on a breach of this agreement, including any of the representations and warranties set forth herein.
6. Governing Law
This Agreement will be governed by U.S. intellectual property laws and the laws of the State of California without giving effect to any choice of law principles that would require the application of the laws of a different country or state. The Parties consent to the exclusive jurisdiction of the local and U.S. government courts located in the State of California, in any action arising out of or relating to this Agreement, and agree that any action arising out of or relating to this Agreement will be maintained in the same jurisdiction.
If You have questions at any time regarding the use of electronic files, please contact FF (email firstname.lastname@example.org) for guidance and clarification. Once the digital file is downloaded and received by You, no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.
Return/Cancellation Policy for Downloads
Folio Fantasy is unable to offer refunds for downloaded chapters of books.
Please double check the details of your purchase before you confirm your order.
If for some reason the digital download is corrupt, we will make every effort to correct the error in a timely manner.
Reading our Web-Novels
Our webChapters will be delivered in PDF or ePub formats.
Please note that Web-Novel purchases will not be readable on Kindle e-readers.
To read webChapters purchased from foliofantasy.com in ePub format, you will need first to create a free Adobe account and download the free Adobe Digital Editions software. Please create an account and install the software before buying your first ebook, otherwise you will not be able to open the e-book file and we will not be able to provide a refund.