Terms of Use
Last Updated: November 2021

 

Welcome, and thank you for your interest in Your Fantasy Portal and Diamond Cove Publishing, LLC (“Your Fantasy Portal,” “Diamond Cove Publishing,” “Company,” “we,” or “us”) and our website at https://yourfantasyportal.com (the “Site”). We may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services").  The Site and Services are made available to you only under the following terms and conditions (the “Terms”). These Terms of Use are a legally binding contract between you and Your Fantasy Portal and Diamond Cove Publishing, LLC regarding your use of the Site. Please read the following terms carefully before using the Site. By using the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including our Privacy Policy (together, the “Terms”). If you are not eligible, or you do not agree to the Terms, then you do not have our permission to use the Site.

 

PLEASE READ THE TERMS CAREFULLY.  BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD.  NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

ELIGIBILITY

 

You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age, and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

 

PURCHASES

 

• Payment: Purchases of any merchandise are facilitated through a third-party service provider. We may provide such service providers with payment information including credit card numbers, Paypal, Amazon Pay, or any other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.

• Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

• Returns: You acknowledge and agree that goods produced for you are bespoke custom-made goods. Other than where goods are faulty, you have no right to cancel any order or return any goods and all orders are final.

• Waiver: Your purchase of an item constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

 

CHANGES TO THE TERMS

 

We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

 

CHANGES TO THE SITE

 

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

 

LIMITED LICENSE

 

Subject to these Terms, Your Fantasy Portal grants you a limited, revocable license to access and use the Site solely for non-commercial purposes to learn more about Your Fantasy Portal products and services. No other use of the Site is authorized.

 

RESTRICTIONS

 

You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.

 

OWNERSHIP

 

The Site is owned and operated by Donna Armillei for Your Fantasy Portal. We or our licensors retain all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content (“Marks”). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. Except as expressly authorized by Donna Armillei you may not make use of the Site, Site Content, and Marks.

 

 

PRIVACY POLICY

 

Please read the Your Fantasy Portal Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

 

LINKS AND THIRD-PARTY CONTENT

 

The Site may contain links to third-party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through third-party products, services, and websites.

Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.

 

DISCLAIMER OF WARRANTIES

 

YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. HOWEVER, Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

 

Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei ) HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei’s TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

INDEMNITY

 

You will indemnify and hold Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei and its partners, service providers, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your violation of these Terms, or your violation of any rights of a third party through the use of the Site or Site Content. We and our licensors reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

RELEASE

 

If you have a dispute with the Site, Site Content, or any products purchased through the Site, you hereby release us and our partners and service providers (and each party’s respective officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

GENERAL TERMS

 

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

LEGAL NOTICES

 

These Terms are governed by the laws of the state of without regard to conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Site will lie in the state and federal courts located in undefined, undefined, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Your Fantasy Portal, Diamond Cove Publishing, LLC, or Donna Armillei in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

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