About Us
 

The Fantasy Diner operates the fantasydiner.com online service. As with any online service, we must establish some basic rules designed to ensure enjoyment by all our users.

The Fantasy Diner User Agreement is in addition to the Fantasy Diner Terms of Service Agreement and sets forth the terms and conditions of your Fantasydiner.com registration. As a condition of registration, you must accept the agreement in its entirety; therefore, we encourage you to carefully review and familiarize yourself with it. In addition, you should review the agreement from time to time for any important changes. The current version of the Fantasydiner.com User Agreement will always be available online in the main area of Fantasydiner.com.

Fantasydiner.com User Agreement

General:
"Fantasydiner.com" is an interactive online service (the "Service") on the World Wide Web of the Internet (address: http://www.fantasydiner.com) operated by Hammes Interactive, LLC. ("Fantasydiner.com"). The Service offers users (as hereinafter defined) access to (i) information, software and other content owned or licensed by Fantasydiner.com and third-parties ("Content Providers"), and (ii) merchandise and services offered by Fantasydiner.com and independent merchants ("Merchants"). "User" means any person who establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the user and a User's Account is not transferable. Unless authorized by Fantasydiner.com, a User must be an individual who is at least thirteen (13) years of age and may not be a firm, business entity or institution. A User may permit usage of the Service by other individuals in User's household, but the User remains solely responsible for all charges incurred by such individuals. By registering as a User and using the Service, you accept and agree to comply with this Agreement, as modified from time to time ("Agreement"), and all rules or policies posted on the Service ("Operating Rules"), for as long as you remain a User. Except as expressly permitted in this Agreement or the Operating Rules, no portion of the Service (including any information, content or software other than software to be used solely in connection with User's Account) may be downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any User.

Price and Payment:
Fantasydiner.com offers Free Content, Subscriptions and Pay Games.  Users must provide Fantasydiner.com with valid credit card information at the time they sign up. All fees will be charged at the standard fees in effect for any Content, Subscription, or Pay Game at the time the fee becomes payable. Fantasydiner.com will not automatically renew  Subscription or Pay Game purchases.

Changes :
Fantasydiner.com reserves the right, at any time, to (i) change the terms of this Agreement or any Operating Rules, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, restricting the hours of availability or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any feature thereof. Users will be given a minimum of thirty (30) days' notice prior to any increase in existing fees or charges becoming effective. All other changes shall be effective immediately upon notice. Any use of the Service under a User's Account after such notice shall be deemed to constitute acceptance by the User of the changes.

User Account Responsibility and Fees:
The User is responsible for ensuring that all use of the Service under the User's Account (i.e., use of the Service by any person using the User's ID and password) complies with the provisions of this Agreement and all Operating Rules. The User is responsible for maintaining the confidentiality of his or her password. If the User believes that his or her account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of User's password), User must promptly change his or her password and notify Fantasydiner.com as set forth below to avoid liability for any unauthorized charges to User's Account. The User is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the User's Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card; and (ii) all fees and charges (including subscription fees) are non-refundable. The User may, upon request (by electronic message or conventional mail), receive supporting information relating to charges to the User's Account. Orders for purchases of merchandise or Services advertised on the Service by Fantasydiner.com or Merchants are subject to availability and acceptance. Fantasydiner.com is not responsible for delivery, warranties, guarantees or other matters concerning purchases from Merchants that are not owned or operated by Fantasydiner.com. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges). Unauthorized access to the Service or any premium feature or option is a breach of this Agreement and a violation of law. The User is responsible for protecting the confidentiality of the User's password. The User is responsible for and must provide all telephone and other equipment and services (including Internet access provider fees) required for access to and use of the Service.

User Conduct:
The User shall be responsible for, and assumes all liability associated with, any material made available though the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through or otherwise make available on the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of Fantasydiner.com and Hammes Interactive, LLC, any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose). Although Fantasydiner.com does not and cannot review every message posted by User on the Service, Fantasydiner.com shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material which Fantasydiner.com or Hammes Interactive, LLC, in the exercise of its sole discretion, believes violates this Agreement or any Operating Rules. Material authored by User or a user authorized by User under this Agreement ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas (such as feedback, chat rooms or forums) shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by Fantasydiner.com (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by Fantasydiner.com, and User waives all moral rights in such User Material.

Service Content:
Fantasydiner.com contains copyrighted material, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. Except as expressly permitted by this Agreement or the Operating Rules, the User may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User's own personal use, provided the User preserves any copyright or other notices contained in or associated with them. Fantasydiner.com shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Fantasydiner.com or Hammes Interactive, LLC spokesperson. Service advertisers, Content Providers, User, guests, independent writers and experts are not authorized Fantasydiner.com nor Hammes Interactive spokespersons. At no time should the opinions, views, advice or statements provided by Service advertisers, Content Providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification. Except as stated in the license agreement accompanying any software provided through or in connection with the Service, the User is granted only a personal, nonexclusive and nontransferable license to use such software, and unauthorized copying of software is prohibited.

Disclaimers and Limitation of Liability:
THE USER AGREES THAT THE USE OF THE SERVICE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICE ("SOFTWARE"), IS AT THE USER'S SOLE RISK. NEITHER FANTASY DINER, HAMMES INTERACTIVE, LLC,  ITS CONTENT PROVIDERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DO FANTASY DINER, HAMMES INTERACTIVE, LLC OR ANY OF THE FOREGOING PERSONS MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND FANTASY DINER, HAMMES INTERACTIVE, LLC HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS CONTENT PROVIDERS SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THE USER'S SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE THE USER'S ACCOUNT. IN NO EVENT WILL FANTASY DINER, HAMMES INTERACTIVE, LLC OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

Indemnification:
The User agrees to defend, indemnify and hold harmless Fantasydiner.com, Hammes Interactive, its affiliates and Content Providers and their respective directors, officers, employees and agents from and against all claims and expenses, including reasonable attorneys' fees, arising out of the User's use of the Service or the User's Account.

Notices:
Fantasydiner.com may give notices to User, at Fantasydiner.com 's option, by posting a message on the Service, by electronic or conventional mail or by any other means by which User obtain actual knowledge thereof. Notices by Users to Fantasydiner.com must be given by electronic or conventional mail. Notices to Fantasydiner.com or Hammes Interactive, LLC by electronic mail must be sent to admin@thefantasydiner.com. Notices to Fantasydiner.com by conventional mail must be sent to: Hammes Interactive, 10104 Wentworth Ave So, Bloomington, MN 55420, Attention: Support. Notices by a User to Fantasydiner.com will not change the terms of this Agreement or any Fantasydiner.com operating rule, unless the change is expressly accepted in writing by an authorized officer of Fantasydiner.com. Content Provider Notices. Certain Content Providers require Fantasydiner.com to provide to Users specific notices regarding the use of information supplied by them and the limitation of their liability to Users. These notices are included in Appendix A to this Agreement. Special Notice to California Users. A special notice to California Users, containing the information specified by California Civil Code Section 1789.3, is included in Appendix A to this Agreement.

Termination:
Either Fantasydiner.com, Hammes Interactive, LLC or the User may terminate this Agreement and the User's Account at any time, with or without cause. In the event the User is dissatisfied with the Service for any reason whatsoever, the only right available to the User is to terminate the User's Account by contacting Fantasydiner.com pursuant to this Agreement. Fantasydiner.com may suspend or terminate User's Account, without notice, in the event of any breach by the User of this Agreement or any Operating Rules or for other conduct by the User which Fantasydiner.com, in its sole discretion, considers to be unacceptable. Suspension or termination of a User's Account means that the Service will no longer be accessible to the User. Fantasydiner.com shall not be responsible for any consequences of such lack of access. Suspension or termination of a User's Account by Fantasydiner.com also terminates the User's license to use any software provided by Fantasydiner.com. The provisions of this Agreement will survive the termination of the Agreement or the User's Account, whether by Fantasydiner.com or the User.

Use of User Information:
A complete description outline regarding how Fantasydiner.com will use the User’s information can be found in the Fantasy Diner Privacy Policy.

Miscellaneous:
This Agreement (including Appendix A - Special Notices) and the Operating Rules constitute the entire and only agreement between Fantasydiner.com and the User with respect to the Service, and supersede all other communications and agreements with respect to the subject matter hereof. This Agreement may be modified from time to time upon notice by Fantasydiner.com, as described above. The provisions of this Agreement are for the benefit of Fantasydiner.com its Content Providers and their respective employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. This Agreement shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws rules. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Appendix A - Special Notices

Notice to California User:
As required by California Code Section 1789.3, this notice is to advise you of the following: a. The Fantasydiner.com is a service provided by Hammes Interactive, LLC 10104 Wentworth Ave So, Bloomington, MN 55420, telephone number 1-612-889-7439. b. The fees and charges for the Service vary depending on the premium features and games selected by the User. Fantasydiner.com reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on thirty days' notice to the Users of the Service. c. If you have a complaint regarding the Service or desire further information on use of the Service, contact Fantasydiner.com by telephone at 1-612-889-7439. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.