Terms of Use Fantasy Invest

Effective date: April 4, 2020

These Terms of Service ("Terms") apply to your access and use of the Fantasy Invest - Stock Simulator ("Service") of Mikhail Gavrilov (hereinafter referred to as "Fantasy Invest", "we", "us" or "our").

Please read these Terms carefully. By downloading, accessing and/or using the Fantasy Invest app, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

We may modify or change these Terms at any time and at our sole discretion. Your continued use of the Service will confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, please refrain from using the Service and delete your Fantasy Invest app.

Service

Fantasy Invest simulates the trading with stocks using realtime stock data. Furthermore it is possible to interact with other users and compete with them.

You can find more information about the functionalities at our website: https://fantasyinvest.club

Account Creation

To use the Service you need to create an account. Your account will be created automatically after you started the app for the first time and provided information required for your further identification.

You are not allowed to create and/or use by yourself more than 1 (one) account. If we find out that you have created more than 1 (one) account at your name and/or use more than 1 (one) account by yourself we may delete 1 (one) or more of the relevant accounts, block the account(s), take off any of your Fantasy Coins (as described in the Rules for the "Fantasy Invest game), or apply any other restrictive measure at our sole discretion basing on magnitude of the offence. Before application of any restrictive measures we may ask you to provide us with explanation of your conduct.


Costs

Download and usage of the app is for free.

However, if you want to compete with other users of the Fantasy Invest app as described at the "Service" section herein, you will be required to pay a fixed fee to get the right to participate in the competition. According to the rules of the competition, basing on your knowledge of the stock market and correct performance within the Fantasy Invest app you may win the competition and therefore get a prize.

You can also receive from the Fantasy Invest app, accumulate, buy and spend Fantasy Coins in accordance with the Rules for the "Fantasy Invest" game.

Push Notifications

After downloading the app we will ask for your consent to communicate with you electronically via Push-Services. If you give your consent you will get Push-Notifications. We use Push-Notifications for stuff we consider important for you. We will further inform you via Push-Notifications if these Terms of Services, and/or our Privacy Policy, and/or Rules of the "Fantasy Invest" game is changed and if there are other news around the app like new features.

You can deactivate these messages at any time by changing the notification settings on your device. Please note that if you deactivate Push-Notifications you will be exclusively responsible for checking new information with regard to the Service, the app, its features, as well as these Terms.

User Content and Conduct

The Service consists of interactive features that allow users to post and transmit content, including but not limited to text, photos or other materials ("User Content"). You understand that your User Content will be viewable by everyone that possesses the Fantasy Invest app. When you post, link or otherwise make available content to our Service, you hereby grant the Fantasy Invest a worldwide non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, create derivative works from such content and to publish, distribute, perform and display it throughout the world in any manner or media, on or off the Fantasy Invest app. You agree to abide by the below-mentioned conduct guidelines, which may be updated from time to time. If we update these guidelines for user conduct, we will provide notice of such changes.

You may not post, link, license or otherwise make available on or through the Service any of the following:

  • Content that is illegal or unlawful

  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party

  • Viruses, corrupted data or other harmful, disruptive or destructive files or code


You agree you will not do any of the following when using the Service:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the services, or that could damage, disable, overburden or impair the functioning of the Service in any manner

  • Engage in any harassing, intimidating, predatory or stalking conduct

  • Compromise the security of the Service

  • Send any unsolicited or unauthorized advertising, spam, data streams, solicitations or promotional materials

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data (unauthorized spying on or accessing other computer systems)

  • Use or attempt to use another user's account without authorization

  • Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Service that you are not authorized to access

  • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Fantasy Invest account

  • Use the Service for any activity that violates these Terms
You further agree to abide by any third-party terms that apply, including the iTunes App Store Terms of Service and/or the Google Play Store Terms of Service. You acknowledge and agree that the availability of the Fantasy Invest app is dependent on such third party from which you received the app. You agree that the usage rules for the app are subject to any additional restrictions set forth in the usage rules for the third party Terms of Service as of the date you download the app. In the event of any conflict between the terms and conditions of the third party Terms of Service and the terms and conditions of these Terms, the terms and conditions of the third party Terms of Service will govern if they are more restrictive. Should you do any of this, Fantasy Invest may terminate your use of the Service, and you may have infringed the copyright and other rights of Fantasy Invest, which may subject you to prosecution and damages.


Responsibility For User Content, Data and/or Information

You agree that you are solely responsible for your User Content.

Fantasy Invest cannot accept any responsibility for content, data and/or information provided by you or other users of the Service. We shall in particular not guarantee that the posted content is true, fulfills a specific purpose or can serve such a purpose.

Should you become aware of a use of the services that violates these Terms or the law, we ask you to inform us immediately at support@fantasyinvest.club.


Fantasy Invest License Agreement

This License Agreement is between you and Fantasy Invest, and governs your use of the Fantasy Invest app made available for use on smartphones and other electronic devices.

Fantasy Invest grants you a limited, non-exclusive, non-transferable and revocable license to use the Fantasy Invest app for your personal, non-commercial purposes. You may only use the Fantasy Invest app on a device that you own or control and that is permitted by any applicable usage rules applied by your device's manufacturer or by the marketplace at which we have made the app available. The terms of this license will also govern any upgrades provided by Fantasy Invest that replace and/or supplement the original app, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

However, unless we expressly state otherwise, your right to use the Service does not include:

  • using the Fantasy Invest app on any mobile device that you do not own or control

  • publicly performing or publicly displaying the Service

  • modifying or otherwise making any derivative uses of the Service or any portion thereof

  • downloading (other than page caching) of any portion of the Service or any information contained therein

  • reverse engineering, decompiling or access to the Service in order to build a competitive product or service

  • using the Service other than for its intended purposes.
We guarantee that no user can or is allowed to change any part of these Tems, the Rules of the "Fantasy Invest" game, or any other regulations which relate to the Service, including, but not limited to, creation of separate destinations (playing rooms) with another rules and regulations different from what is expressed herein.

Intellectual Property Rights

The design of the Fantasy Invest app along with the texts, scripts, graphics, interactive features and the like created by Fantasy Invest, as well as the trademarks, service marks and logos contained therein are owned by or licensed to Fantasy Invest, subject to copyright and other intellectual property rights and the Russian and foreign laws and international conventions. Fantasy Invest provides the Service to you AS IS for your information and personal use only. Fantasy Invest reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of posts of your contacts obtained through the Service for any commercial purposes.

Warranty

The Service and content included on or otherwise made available to you through the Service is provided on an AS IS and AS AVAILABLE basis without any representations or warranties of any kind.

While Fantasy Invest attempts to provide a good user experience, we cannot and do not represent or warrant that the Service will always be secure or error-free or that the Service will always function without delay, disruptions or imperfections. Fantasy Invest cannot guarantee that its Service is virus-free. The user shall take all necessary safety measures and install the latest security updates, in order to prevent viruses.

In the event of any failure of the app to conform to any applicable warranty, you may notify the marketplace from which you have downloaded the app.

Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.


Limitation of Liability

Fantasy Invest shall only be liable for willful intent or gross negligence. This limitation of liability does not apply to claims for damages that result from injury to life, body or health.

Fantasy Invest shall not be liable for slight negligence, if no essential contractual obligation is violated, as far as no guarantee has been agreed upon for the quality of the Services, as far as there is no maliciously concealed defect, default or impossibility for which Fantasy Invest is responsible. In case of slightly negligent violation of essential contractual duties, the fulfillment of which is required for the due execution of a contract and the observance of which the user relies on and may rely on, the claim for damages shall be limited to the amount of typically predictable damage. The above limitation of liability does not apply to claims for damages that result from injury to life, body or health. The liability according to the Russian Product Liability Act remains unaffected.

Any issues and/or disputes, arising out of or connected with Fantasy Invest partners' conduct, including, but not limited to, delivery, quantity, quality, assortment, information support or any other features of the items provided to users in exchange of users' actions shall be resolved between a user and the Fantasy Invest partner. Fantasy Invest may provide a user with partner's contact details upon a request, but in any case bears no responsibility for such a partner's conduct.

As far as the liability of Fantasy Invest is excluded or limited, the same applies for the personal liability of the employees, representatives and agents of Fantasy Invest.

Indemnification

You agree to defend, indemnify and hold Fantasy Invest harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney s fees) arising from: (i) your use of and access to the Fantasy Invest Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your posts caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Fantasy Invest Service.

Change of Service

We may at our sole discretion review, improve, modify or discontinue, temporarily or permanently, the Service and/or any information or content on the Service. If we do so, we will provide notice of such changes, such as by e.g. sending a Push-Notification to you.

You agree that Fantasy Invest will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.


Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms, without notifying you or obtaining your consent.


Privacy Policy

We provide you with information on how we collect and process our users data in our Privacy Policy.

Governing Law, Side Agreements

These Terms shall be governed by and construed in accordance with the laws of the Russian Federation, and any dispute between you and Fantasy Invest relating to these Terms will be subject to the exclusive jurisdiction of the courts of the Russian Federation.

In case individual provisions in these Terms are or become invalid, or should gaps arise in these Terms, the validity of all other provisions shall not be deemed affected thereby. Instead of the ineffective provision or for replenishment of gaps an adequate provision shall apply, which – to the extent legally permitted – comes as close as possible to what Fantasy Invest would have wanted in the first place, provided that Fantasy Invest had thought of the invalid or incomplete provision.

Side agreements require written form. Also, any waiver of the written form shall only be made in writing.


Contact

You are always welcome to contact us for any feedback, questions, complaints or claims you may have related to the Service. Please direct your requests right to us: support@fantasyinvest.club