These Terms and Conditions of Use (the “Terms of Use”) apply to the Fantastic You Inc web site located at www.FantasticYou.com, and all associated sites linked to www.FantasticYou.com by Fantastic You Inc, its business partners and affiliates (collectively, the “Site”). The Site is the property of Fantastic You Inc (“Fantastic You Inc”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Fantastic You Inc reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Fantastic You Inc grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code contained on the Site (collectively, “Site Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Site Content, is owned, controlled or licensed by or to Fantastic You Inc, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Site Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Fantastic You Inc’s express prior written consent. You may use materials made available by Fantastic You Inc for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

To the extent that you upload any Content to the Site (“User Content”), you represent and warrant that (a) you are the owner of the User Content, or have permission from the owner of the User Content to do so, and (b) the User Content does not infringe the intellectual property rights of any third party.

You own all of the content and information you post on the Site. For content that is covered by copyright and other intellectual property rights, like photos, videos, stories and other writings (User Content), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right to use and display any User Content that you post on or in connection with the Site). This license ends when you delete your User Content or your account, unless your content has been shared with others, and they have not deleted it.

When you delete User Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fantastic You Inc server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other Fantastic You Inc account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Fantastic You Inc’s systems or networks, or any systems or networks connected to the Site or to Fantastic You Inc.

You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, nor will you upload any viruses or malicious code.

You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fantastic You Inc on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; nor will you bully, harass or intimidate any user.

You will not post unauthorized commercial communications (such as spam) on the Site, nor will you engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site. You will not use the Site or any Content for any purpose that is unlawful, misleading, malicious, discriminatory or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fantastic You Inc or others.

You understand and agree that we may remove any User Content which violates any of the foregoing terms, and/or suspend or disable your account for breach of these terms.

Fantastic You Inc are trademarks of Fantastic You Inc. All trademarks may only be used for identification and not for commercial purposes without the express written permission of Fantastic You Inc.

Certain features or services offered on or through the Site may require you to register with us (including setting up a Fantastic You Inc ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Fantastic You Inc immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Fantastic You Inc or any other user of or visitor to the Site due to someone else using your Fantastic You Inc ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Fantastic You Inc ID, password or account at any time without the express permission and consent of the holder of that Fantastic You Inc ID, password or account. Fantastic You Inc cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Fantastic You Inc’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Fantastic You Inc’s Privacy Policy, click here

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Fantastic You Inc’s control, and Fantastic You Inc is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Fantastic You Inc reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Except where prohibited by law, in no event will Fantastic You Inc be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Fantastic You Inc has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Fantastic You Inc is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Fantastic You Inc’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Fantastic You Inc.

You agree to indemnify and hold Fantastic You Inc, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Fantastic You Inc by any third party due to or arising out of or in connection with your use of the Site.

For your protection, Fantastic You Inc reserves the right to view, monitor, and record activity on the site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the site. Fantastic You Inc may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fantastic You Inc’s rights or property, or the rights or property of visitors to or users of the Site, or other third parties including without limitation the rights of third party copyright owners under applicable laws. Fantastic You Inc reserves the right at all times to disclose any information that Fantastic You Inc deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fantastic You Inc also may disclose your information when Fantastic You Inc determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Fantastic You Inc may preserve any transmittal or communication by you with Fantastic You Inc through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Fantastic You Inc determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Fantastic You Inc, its employees, users of or visitors to the Site, and the public.

You agree that Fantastic You Inc may, in its sole discretion and without prior notice, suspend or terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fantastic You Inc, for which monetary damages would be inadequate, and you consent to Fantastic You Inc obtaining any injunctive or equitable relief that Fantastic You Inc deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fantastic You Inc may have at law or in equity.

You agree that Fantastic You Inc may, in its sole discretion and without prior notice, suspend or terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), or (3) unexpected technical issues or problems.

If Fantastic You Inc does take any legal action against you as a result of your violation of these Terms of Use, Fantastic You Inc will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fantastic You Inc. You agree that Fantastic You Inc will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the Province of Ontario without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the provincial and federal courts in Toronto, Ontario, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Fantastic You Inc and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Fantastic You Inc administers and operates the www.FantasticYou.com Site from its location in Toronto, Ontario; other Fantastic You Inc sites may be administered and operated from various locations outside of Canada. Although the Site is accessible worldwide, not all features or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of Canada. Fantastic You Inc reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Fantastic You Inc with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Fantastic You Inc with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Fantastic You Inc, Fantastic You Inc will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Fantastic You Inc’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Fantastic You Inc of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Fantastic You Inc and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Any feedback you provide at this site shall be deemed to be non-confidential. Fantastic You Inc shall be free to use such information on an unrestricted basis. If you have any questions concerning the use of the Web site or Fantastic You services, contact Fantastic You Inc at info@fantasticyou.com

Fantastic You Inc. adheres to the privacy regulations as laid out in the Federal Privacy Act and the Personal Information Protection and Electronic Documents Act ("PIPEDA") and applicable Provincial Statutes.

We collect and host Fantastic You Inc. client data. This data remains the exclusive property of Fantastic You Inc. We do not rent, trade, or otherwise disclose personal data in any format (electronic or other) to any third party — individual, company or organization. Fantastic You Inc ensures that each of the members records contained within our data set was consented to be collected for the purpose(s) intended as detailed in the section of the Federal Act and in PIPEDA covering the collection, use and disclosure of personal information.

Every business is responsible for the Personal Information under its control and is required to designate a "Privacy Officer" who is accountable for compliance with the Privacy Legislations.

Our Privacy Officer is:

What Is Personal Information?
Personal Information is broadly defined as information about an identifiable individual, but does not include the name, title, business address, or telephone number of an employee of an organization.

It is always your choice whether or not you consent to us managing your Personal Information. However, a decision to withhold certain, or all, Personal Information may restrict or prevent us from providing the services to you.

How Your Information May Be Used
Relationship with You Is Important to Us

We pride ourselves on our ability to create and maintain leading communication systems and services that enable us to have ongoing communication with you on value added services, and to establish long-lasting relationships with you that will grow and change to meet your needs.

Your Personal Information may be used to:

Your Personal Information may also be used to create statistics about our business. The statistics that we provide do not contain any information that would identify you personally. Your Personal Information will not be used or disclosed without your consent, except where required or permitted by law.

We will not sell or share your Personal Information to any organization, for any purpose, except on prior written direction.

Giving Consent
The cornerstone to protecting your privacy is consent. We only collect, use, and disclose your Personal Information on direct instructions by you, or as required to provide our services via the mobile application/website, or where otherwise permitted by law.

Withdrawing Consent
You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. To withdraw your consent, simply contact and advise us of what Personal Information you no longer wish stored.

Security and Disclosure of Your Personal Information
What Safeguards Do We Have in Place?

We know you are concerned about the security of the information provided to us. To address this concern, we have developed processes and procedures to keep your Personal Information safe and secure.

Disclosure of Your Personal Information:
We will only use and disclose your Personal Information to fulfill the purposes for which it was collected, or as may be required by law. Also, we will keep your information only for as long as it is needed to fulfill the purposes for which it was collected. We also have contractual agreements (Transfer for Processing) in place with our third parties who may come into contact with your Personal Information as a result of performing the services on behalf of clients and other partners. These contractual agreements prohibit our third parties from using, processing, storing, retaining or disclosing that information other than for the purpose for which they have been retained with written consent.

Access to and Changing Your Personal Information
Accessing Your Personal Information

If you have a Registered Account you may access, verify or change your Personal Information through our “My Account” feature. If you wish to have us make adjustments for you, it is likely that we will require specific information from you to verify your identity. Once we have positively identified you, we can provide you with the Personal Information we hold. There may be instances when we will not be able to provide you with the Personal Information that you request. Examples are if the Personal Information:

Changing your Personal Information
We are committed to striving to maintain the accuracy of your Personal Information for as long as it is being used for the purposes identified. To help us keep your Personal Information up-to-date, we encourage you to modify your Registered Account record as often as you wish or notify us of inaccuracies or corrections and we will assist you in the changes as requested. Keeping changes such as your email address up to date will help us provide you with the best possible service.

If you identify any incorrect or outdated information requiring amendment, please access and correct your online profile or contact our Privacy Officer directly. We may ask you to put your request for a correction in writing. Once we receive written consent, including the requested amendments, we will make the proper changes and, upon your request, provide you with a copy of the corrected information.

Contact Us
If you have questions, concerns, or complaints about the privacy of your Personal Information managed by us, you may contact us at the address listed below. We will contact you to assist you in resolving the situation. If a complaint is found to be justified, appropriate measures will be taken including, if necessary, amending our practices and procedures.
Please write to: privacy@fantasticyou.com