Fantasy Entertainment Terms = & Conditions and Privacy Statement

Terms & Conditions

Foto Fantasy, Inc. (“Fantasy Entertainment”) is a self service, interactive, digital imaging company that allows customers to access their pictures taken at the company’s photo kiosks over the internet. The services offered by Fantasy Entertainment&= nbsp; include the myfotobooth.com website and any other features, content,= or applications offered from time to time by Fantasy Entertainment in connecti= on with the myfotobooth.com website (collectively, the "Fantasy Entertain= ment Services"). The Fantasy Entertainment Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally bindi= ng terms for your use of the Fantasy Entertainment Services. By using the Fant= asy Entertainment Services, you agree to be bound by this Agreement, whether yo= u are a "Visitor" (which means that you simply browse any website offer= ed, provided or sponsored by Fantasy Entertainment, including, without limitation, myfotobooth.com )= or you are a "Member" (which means that you have purchased a photo a= nd the necessary unique password to download your pictures). The term "User" refers to a Visitor or a Member. You are only authorized to use the Fantasy Entertainment Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Fantasy Entertainment Website and discontinue use of the Fantasy Entertainment Services immediately. If you w= ish to become a Member, communicate with other Members and make use of the Fant= asy Entertainment Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Fantasy Entertainment's policy for acceptable use of the Fantasy Entertainment Services and Content posted on the Fantasy Entertainm= ent Website, your rights, obligations and restrictions regarding your use of the Fantasy Entertainment Services and Fantasy Entertainment's Privacy Policy. = In order to participate in certain Fantasy Entertainment Services, you may be notified that you are required to download software or content and/or agree= to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Fantasy Entertainment Services in wh= ich you choose to participate, those additional terms are hereby incorporated i= nto this Agreement. You may receive a copy of this Agreement by emailing us at: salesinfo@fantasyent.com, Subject: Terms and Conditions Agreement.

Fantasy Entertainment may modify this Agreement from time to time, and without prior notice, and such modification shall be effective upon posting by Fantasy Entertainment on the Fantasy Entertainment Website. You agree to be bound to any changes to this Agreement when you use the Fantasy Entertainment Servic= es after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes= .

Please choose carefully the pictures you post on the myfotobooth.com website. Your picture may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, l= ewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Fantasy Entertainment Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fantasy Entertainment assumes no responsibility or liability for this material. If you become awa= re of misuse of the Fantasy Entertainment Services by any person, please conta= ct Fantasy Entertainment.

Fantasy Entertainment reserves the right, in its sole discretion, to reject, refuse= to post or remove any posting (including private messages) by you, or to restr= ict, suspend, or terminate your access to all or any part of the Fantasy Entertainment Services at any time, for any or no reason, with or without p= rior notice, and without liability.

1. = Eligibility. Use of the Fantasy Entertainment Services is void where prohibited. By using the Fantasy Entertainment Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you w= ill maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Fantasy Entertainment Services does not viol= ate any applicable law or regulation. We do not knowingly collect personal information from childr= en under the age of 13. Please do not use the Fantasy Entertainment Services if you are under the age of 13. These representations and warranties shall survive after your use of = the Fantasy Entertainment Services has been terminated or discontinued.

2. = Term. This Agreement shall remain in full force and effect while you use the Fantasy Entertainment Services. You may terminate your use of the Fantasy Entertain= ment Services at any time, for any reason. Fantasy Entertainment may terminate y= our use of our site at any time, without cause or prior warning.

3. = Fees. You acknowledge that Fantasy Entertainment reserves the right to charge for the Fantasy Entertainment Services and to change its fees from time to time in = its discretion.

4. = Non-commercial Use by Members. The Fantasy Entertainment Services are for the personal use of our customers only and may not be used in connection with any commer= cial endeavors except those that are specifically endorsed or approved, in advan= ce, by Fantasy Entertainment. Illegal and/or unauthorized use of the Fantasy Entertainment Services, including collecting usernames and/or email address= es of customers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Fantasy Entertainment Website is strictly prohibited. Appropriate legal action will= be taken for any illegal or unauthorized use of the Fantasy Entertainment Services.

5. = Proprietary Rights in Content on Fantasy Entertainment.

1. Fantasy Entertainment does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the myfotobooth.com website. After posting your Content to the myfotobooth.com website, you continue to retain all ownership rights in such Content, and y= ou continue to have the right to use your Content in any way you choose, subje= ct to any rules and regulations imposed by Fantasy Entertainment with respect = to the Fantasy Entertainment Services, or as otherwise imposed by applicable l= aw. By displaying or publishing ("posting") any Content on or through the myfotobooth.com website, you hereby grant to Fantasy Entertainment a limite= d, royalty free, license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Fantasy Entertainment Services.

2. You represent and warrant that: (i) you own the Content posted by you = on or through the Fantasy Entertainment Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Fantasy Entertainment Services does not violate t= he privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any oth= er monies owing any person by reason of any Content posted by you to or through the Fantasy Entertainment Services. You agree to indemnify and hold Fantasy Entertainment harmless, for any losses, claims, or damages incurred by Fant= asy Entertainment as a result of any breach of the representations and warranti= es made herein.

3. The Fantasy Entertainment Services contain Content of Fantasy Entertainment ("Fantasy Entertainment Content"). Fantasy Entertainment Content is protected by copyright, trademark, patent, trade secret and other laws, and Fantasy Entertainment owns and retains all right= s in the Fantasy Entertainment Content and the Fantasy Entertainment Services. Fantasy Entertainment hereby grants you a limited, revocable, nonsublicensa= ble, nontransferable license to reproduce and display the Fantasy Entertainment Content (excluding any software code) solely for your personal use (i.e., non-commercial use) in connection with viewing the Fantasy Entertainment Website and using the Fantasy Entertainment Services.

4. The Fantasy Entertainment Services contain Content of Users and other Fantasy Entertainment licensors. Except for Content posted by you, you may = not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content of Users appearing on or through the Fantasy Entertainment Services.

6. = Content Posted.

1. Fantasy Entertainment may delete any Content that in the sole judgment= of Fantasy Entertainment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Fantasy Entertainment assumes no responsibility for monitoring the Fantasy Entertainment Services for inappropriate Content or conduct. If at any time Fantasy Entertainment chooses, in its sole discretion, to monitor the Fanta= sy Entertainment Services, Fantasy Entertainment nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through= any of the Fantasy Entertainment Services, and any material or information that= you transmit to other Members and for your interactions with other Users. Fanta= sy Entertainment does not endorse and has no control over the Content. Content= may not be reviewed by Fantasy Entertainment prior to posting and does not reflect the opinions or policie= s of Fantasy Entertainment. Fantasy Entertainment makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Conten= t or any material or information that you transmit to other Members.<= /span>

7. = Content/Activity Prohibited. The following is a partial list of the kind of Content= that is illegal or prohibited to post on or through the Fantasy Entertainment Services. Fantasy Entertainment reserves the right to investigate and take appropriate legal action against anyone who, in Fantasy Entertainment's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities (if so required), removing the offending communication from the Fantasy Entertainment Services and terminating the Membership of such violators. Prohibited Content includes, but is not limit= ed to Content that, in the sole discretion of Fantasy Entertainment:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person; =

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a l= ink to an adult website;

5. solicits personal information from anyone under 18; =

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defama= tory or libelous;

8. promotes an illegal or unauthorized copy of another person's copyright= ed work, such as providing pirated computer programs or links to them, providi= ng information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; =

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming”

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limit= ed to making or buying illegal weapons, violating someone's privacy, or provid= ing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial = or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent;

14. includes a photograph of another person that you have posted without t= hat person's consent;

15. criminal or tortuous activity, including, without limitation, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmf= ul files, copyright infringement, patent infringement, or theft of trade secre= ts;

16. advertising to, or solicitation of, any User to buy or sell any produc= ts or services through the Fantasy Entertainment Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of t= hese rules to use any information obtained from the Fantasy Entertainment Servic= es in order to contact, advertise to, solicit, or sell to any Member without t= heir prior explicit consent. In order to protect our Members from such advertisi= ng or solicitation, Fantasy Entertainment reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period= to a number which Fantasy Entertainment deems appropriate in its sole discreti= on.

17. covering or obscuring the banner advertisements on your personal profi= le page, or any Fantasy Entertainment page via HTML/CSS or any other means;

18. any automated use of the system, such as using scripts to add friends = or send comments or messages;

19. interfering with, disrupting, or creating an undue burden on the Fanta= sy Entertainment Services or the networks or services connected to the Fantasy Entertainment Services;

20. attempting to impersonate another Member or person; =

21. using the account, username, or password of another Member at any time= or disclosing your password to any third party or permitting any third party to access your account;

22. selling or otherwise transferring your profile;

23. using any information obtained from the Fantasy Entertainment Services= in order to harass, abuse, or harm another person;

24. using the Fantasy Entertainment Services in a manner inconsistent with= any and all applicable laws and regulations.

8. = Copyright Policy. You may not post, modify, distribute, or reproduce in any way any cop= yrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Fantasy Entertainment to terminate Membership privileges of any Member who infringes the copyright rights of others. With= out limiting the foregoing, if you believe that your work has been copied and posted on the Fantasy Entertainment Services in a way that constitutes copyright infringement, please provide our Copyright Agent (who is the Copyright Agent) with the following information: (i) an electronic or physi= cal signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you cla= im has been infringed; (iii) a description of where the material that you clai= m is infringing is located on the Fantasy Entertainment Services; (iv) your addr= ess, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made u= nder penalty of perjury, that the above information in your notice is accurate a= nd that you are the copyright owner or authorized to act on the copyright owne= r's behalf.

9. = Member Disputes. You are solely responsible for your interactions with other Fantasy Entertainment Members or Users. Fantasy Entertainment reserves the right, b= ut has no obligation, to monitor disputes between you and other Members and Us= ers.

10. = ; Privacy. Use of the Fantasy Entertainment Services is also governed by our Privacy Policy, which is included below in this agreement.

11. = ; Disclaimers. Fantasy Entertainment is not responsible for any incorrect or inaccur= ate Content posted on the myfotobooth.com website or in connection with the Fan= tasy Entertainment Services, whether caused by Users of the Fantasy Entertainment Services or by any of the equipment or programming associated with or utili= zed in the Fantasy Entertainment Services. Fantasy Entertainment takes no responsibility for third party advertisements which are posted on this Fant= asy Entertainment Website or through the Fantasy Entertainment Services, nor do= es it take any responsibility for the goods or services provided by its advertisers. Fantasy Entertainment is not responsible for the conduct, whet= her online or offline, of any User of the Fantasy Entertainment Services. Fanta= sy Entertainment assumes no responsibility for any error, omission, interrupti= on, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, = any User or Member communication. Fantasy Entertainment is not responsible for = any problems or technical malfunction of any telephone network or lines, comput= er online systems, servers or providers, computer equipment, software, failure= of any email or players due to technical problems or traffic congestion on the Internet or on any of the Fantasy Entertainment Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Fantasy Entertainment Services. Under no circumstances shall Fantasy Entertainment be responsible for any loss or damage, including personal injury or death, resulting from use of the Fantasy Entertainment Services, from any Content posted on or through the Fantasy Entertainment Services, or from the conduct of any Users of the Fantasy Entertainment Services, whether online or offline. The Fantasy Entertainment Services are provided "AS-IS" and as available and Fantasy Entertainment expre= ssly disclaims any warranty of merchantability or fitness for a particular purpo= se or non-infringement. Fantasy Entertainment cannot guarantee and does not promise any specific results from use of the Fantasy Entertainment Services= .

12. = ; Limitation on Liability. IN NO EVENT SHALL FANTASY ENTERTAINMENT BE LIABLE TO Y= OU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FANTASY ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, FANTA= SY ENTERTAINMENT ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK O= F: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO= OR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES. NOTWITHSTANDING ANYTHING T= O THE CONTRARY CONTAINED HEREIN, FANTASY ENTERTAINMENT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDL= ESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FANTASY ENTERTAINMENT FOR THE FANTASY ENTERTAINMENT SERVICES DURING THE TERM OF MEMBERSHIP. NO CL= AIM MAY BE MADE AGAINST FANTASY ENTERTAINMENT FOL= LOWING THE COMPLETION OF THE SIXTIETH DAY AFTER THE MEMBER’S USE OF THE FANT= ASY ENTERTAINMENT SERVICES WHICH LED TO THE CLAIM OR LOSS.

13. = ; U.S. Export Controls. Software available in connection with the Fantasy Entertainment Services (the "Software"= ;) is further subject to United States export controls. No Software may = be downloaded from the Fantasy Entertainment Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. <= /o:p>

14.           = ;   Disputes. If there is any dispute about or involving the Fantasy Entertainment Servic= es, you agree that the dispute shall be governed by the laws of the State of Ne= w Hampshire, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the Unit= ed States located in the State of New Hampshire.

15.           = ;   Indemnity. You agree to indemnify and hold Fantasy Entertainment, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Fantasy Entertainment Services in violation of this Agreeme= nt and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that y= ou post on any Fantasy Entertainment Website or through the Fantasy Entertainm= ent Services causes Fantasy Entertainment to be liable to another. <= /span>

16.           = ;   Other. This Agreement is accepted upon your use of the Fantasy Entertainment Servi= ces and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Fantasy Entertainment regarding the us= e of the Fantasy Entertainment Services. The failure of Fantasy Entertainment to exercise or enforce any right or provision of this Agreement shall not oper= ate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Fantasy Entertainment is a trademark of Fantasy Entertainment, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Privacy Statement=

Information Collection and U= se by Fantasy Entertainment
Fantasy E= ntertainment collects user submitted information such as name, email address, and age to authenticate users and to send notifications to those users relating to the Fantasy Entertainment Services. Fantasy Entertainment also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist users in finding and communicat= ing with each other.

Fantasy Entertainment also= logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors= to the site. This data is used to manage the website, track usage and improve = the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purpose= s

From time to time, Fantasy Entertainment or a partner, may sponsor a promotion, sweepstake or contest = in connection with the use of Fantasy Entertainment Services. Users may be ask= ed to provide personal information including name, email address or home addre= ss or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.=

Use of Cookies
Fantasy Entertainment uses cookies to store visitors' preferences and to record ses= sion information, for purposes including ensuring that visitors are not repeated= ly offered the same advertisements and to customize newsletter, advertising, a= nd Web page content based on browser type and user profile information. We do = not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cooki= e is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from Fantasy Entertainment in order to use most functions on= the site. Please note that Fantasy Entertainment allows 3rd party advertisers t= hat are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their o= wn privacy policies, not the Fantasy Entertainment Privacy Policy. =

Links
Fantasy Entertainment contains links to sites. Fantasy Entertainment is not respons= ible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on Fantasy Entertainment.= Any dealings with third parties (including advertisers) included within the Fantasy Entertainment Services or participation in promotions, including the delive= ry of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, = are solely between you and the advertiser or other third party. Fantasy Entertainment shall not be responsible or liable for any part of any such dealings or promotions.

Third Party Advertising
Ads appea= ring on this Web site may be delivered to users by Fantasy Entertainment or one = of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw the= ir advertisements and determine which ads are clicked on. This information all= ows an ad network to deliver targeted advertisements that they believe will be = of most interest to you. This privacy statement covers the use of cookies by Fantasy Entertainment and does not cover the use of cookies by any advertis= ers.

Security
Fantasy Entertainment member accounts are secured by uniquely-created passwords. Fantasy Entertainment takes reasonable precautions to ensure that photos and any other customer information are kept private. We use reasonable measures= to protect information that is stored within our database, and we restrict acc= ess to Member information to those employees who need access to perform their j= ob functions, such as our customer service personnel and technical staff. Plea= se note that we cannot guarantee the security of Member account information. Unauthorized entry or use, hardware or software failure, and other factors = may compromise the security of Member information at any time

Sharing and Disclosure of Information Fantasy Entertainment Collects
Except as otherwise described in this privacy statement, Fantasy Entertainment will n= ot disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond= to a subpoena, search warrant or other legal process received by Fantasy Entertainment, whether or not a response is required by applicable law; (2)= to enforce the Fantasy Entertainment Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of = the service. Fantasy Entertainment reserves the right to transfer personal information to a successor in interest that acquires rights to that informa= tion as a result of the sale of substantially all of its assets or equity securities of Fantasy En= tertainment. For more information see the "Changes in Our Privacy Policy" sect= ion below.

Changes in Our Privacy Polic= y
From time= to time we may make changes to our privacy policy. If we make changes, we will post them on our site to make Users aware of what the changes are so Users = will always be aware of what information we collect, how we use it, and when we = may disclose it. A User is bound by any minor changes to the policy when she or= he uses the site after those changes have been posted. You hereby acknowledge = and agree that you will be bound by such updates and revisions regardless of whether or not you have reviewed them.

About Fantasy Entertainment = and Myfotobooth.com
Fantasy entertainment is a privately held company based in <= st1:place w:st=3D"on">New Hampshire dedicated to serving as purveyors of fun to our customers. We own and operate photo booths througho= ut the United States and around the world. Myfotobooth.com is wholly owned Fantasy Entertainment= web site which is intended to extend the experience of our customers, enabling = them to access their digital pictures over the internet.

Fantasy Entertainment cares deeply about online privacy= If you have any questions concerning this privacy policy, please email us at myfoto@fantasyent.com .

Please contact us at: myfoto@fantasyent.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT= AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.