Last updated December 9, 2022TABLE OF CONTENTS
1. AGREEMENT TO TERMS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- FEES AND PAYMENT
- FREE TRIAL
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- MOBILE APPLICATION LICENSE
- THIRD-PARTY WEBSITES AND CONTENT
- U.S. GOVERNMENT RIGHTS
- SITE MANAGEMENT
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATIONS OF LIABILITY
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA USERS AND RESIDENTS
- CONTACT INFORMATION
The Services and all materials contained on the Services, including but not limited to text, images, illustrations, designs, icons, photographs, video clips, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled, or licensed by Fiction or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may use the Services and the Content solely for your personal and non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content in any way, including for public or commercial purposes, without the prior written consent of Fiction or the appropriate third-party owner.3. USER REPRESENTATIONS
By using the Services, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by these Terms. You also represent and warrant that you will use the Services in compliance with these Terms and all applicable laws and regulations.4. FEES AND PAYMENT
Some of the Services may be offered for a fee or other charge (a "Paid Service"). If you elect to use a Paid Service, you agree to pay all applicable fees or charges, as well as any applicable taxes, in a timely manner. Fiction reserves the right to change the fees and charges for any Paid Service at any time, and will provide notice of any such changes in advance.
Fiction uses the Apple App Store for the distribution of the App and the provision of the Services, and all payments for Paid Services will be processed through the Apple App Store. You agree to comply with the terms and conditions of the Apple App Store, including the payment of any fees or charges associated with your use of the App or the Services.5. FREE TRIAL
Fiction may offer a free trial of a Paid Service (a "Free Trial") as a way for you to try the Paid Service before deciding to pay for it. The terms and conditions of the Free Trial will be clearly stated at the time of the offer, and will include any limitations or restrictions on the length of the trial, the features and functionality that will be available during the trial, and any other applicable terms.
You may be required to provide payment information in order to sign up for a Free Trial. If you do not cancel the Paid Service before the end of the Free Trial, you will be automatically enrolled in the Paid Service and your payment method will be charged the applicable fees or charges.6. CANCELLATION
You may cancel a Paid Service at any time by contacting Fiction at email@example.com
or by using the cancellation functionality in the App, if available. If you cancel a Paid Service, you will continue to have access to the Paid Service until the end of your current billing period, at which point your access to the Paid Service will be terminated and you will not be entitled to any refund or credit for any fees or charges that you have already paid.7. SOFTWARE
Fiction grants you a personal, non-exclusive, non-transferable, revocable, limited license to download and install a copy of the App on a mobile device or computer that you own or control, and to run such copy of the App solely for your own personal and non-commercial use. This license does not allow you to use the App on any device that you do not own or control, or to distribute or make the App available over a network where it could be used by multiple devices at the same time.
You may not:
8. PROHIBITED ACTIVITIES
- Copy, modify, or create derivative works based on the App;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App;
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices on or in the App; or
- Rent, lease, lend, sell, redistribute, or sublicense the App.
You may not use the Services for any illegal or unauthorized purpose, or in any way that violates these Terms or any applicable laws or regulations. You may not engage in any activity that:
- Infringes or violates the intellectual property rights or other rights of Fiction or any third party;
- Interferes with, interrupts, or disrupts the Services or servers or networks connected to the Services;
- Attempts to probe, scan, or test the vulnerability of the Services or any related system or network, or to breach any security or authentication measures;
- Impersonates any person or entity, or falsely states or misrepresents your affiliation with any person or entity;
Collects or stores any personal data of other users without their express consent;
9. USER GENERATED CONTRIBUTIONS
- Transmits any viruses, malware, or other harmful or malicious code; or
- Encourages or enables any other individual to engage in any of the activities prohibited in this section.
The Services may include features that allow users to submit, post, or display content or information (collectively, "User-Generated Contributions"). You are solely responsible for any User-Generated Contributions that you submit, post, or display on or through the Services. You represent and warrant that you have all rights, licenses, consents, and releases necessary to grant us the license to use your User-Generated Contributions as described in these Terms.10. CONTRIBUTION LICENSE
By submitting, posting, or displaying User-Generated Contributions on or through the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User-Generated Contributions in connection with the Services and our business, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.11. GUIDELINES FOR REVIEWS
If you submit a review or other feedback on the App or the Services (a "Review"), you agree to follow the guidelines below:
- Your Review must be your own original work, and must not infringe the rights of any third party.
- Your Review must be truthful and accurate, and must not contain any false or misleading information.
- Your Review must not contain any offensive or inappropriate language or content, including but not limited to profanity, obscenity, hate speech, or personal attacks.
- You may not use the Services to submit a Review on behalf of anyone else or to impersonate any other person or entity.
Fiction reserves the right to remove any Review that violates these guidelines, or for any other reason in its sole discretion.12. MOBILE APPLICATION LICENSE
The App is licensed, not sold, to you for use only under the terms of these Terms. Fiction and its licensors retain ownership of the App and all intellectual property rights in the App.13. SUBMISSIONS
Fiction does not accept unsolicited ideas, suggestions, or materials, including without limitation ideas for new products, technologies, promotions, or product names. If you submit any such materials to Fiction, you acknowledge and agree that Fiction will have no obligation to review, use, or return the materials, and that the materials will automatically become the property of Fiction without any compensation to you.14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites or resources that are not owned or controlled by Fiction. Fiction has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that Fiction is not responsible or liable for any loss or damage of any kind arising from your use of any third-party websites or resources.15. U.S. GOVERNMENT RIGHTS
The Services are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of these Terms.16. SITE MANAGEMENT
Fiction reserves the right, but has no obligation, to:
- Monitor the Services for violations of these Terms;
- Take appropriate legal action against anyone who, in Fiction's sole discretion, violates these Terms;
- Remove, disable access to, or modify any Content or User-Generated Contributions that, in Fiction's sole discretion, violate these Terms or are otherwise harmful or objectionable;
- Manage the Services in a manner designed to protect the rights or property of Fiction or others and to facilitate the proper functioning of the Services; and
- Terminate or suspend your access to the Services at any time, for any reason or no reason, with or without notice, and without liability.
Fiction respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fiction's copyright agent with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Services;
- Your address, telephone number, and email address;
- A 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
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Fiction's copyright agent can be reached at firstname.lastname@example.org
.19. TERM AND TERMINATION
These Terms will remain in full force and effect while you use the Services. Fiction may terminate these Terms or suspend your access to the Services at any time, for any reason or no reason, with or without notice, and without liability. Upon any termination or suspension, all rights and licenses granted to you in these Terms will immediately cease, and you will have no further access to the Services.20. MODIFICATIONS AND INTERRUPTIONS
Fiction reserves the right to change, modify, or discontinue the Services, or any part or feature thereof, at any time, with or without notice and without liability. Fiction also reserves the right to interrupt the operation of the Services, or any part thereof, as necessary to perform maintenance, error correction, or other changes.21. GOVERNING LAW
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the Republic of Armenia, without giving effect to any principles of conflicts of law.22. DISPUTE RESOLUTION
Any dispute arising out of or in connection with these Terms or the Services will be resolved through friendly negotiations. If the parties are unable to reach a resolution through negotiations, the dispute will be submitted to the courts of the Republic of Armenia for resolution.23. CORRECTIONS
Fiction does not guarantee that the Services will be error-free or that the Services will operate without interruptions or downtime. Fiction reserves the right to correct any errors or omissions in the Services, and to make any changes to the Services at any time, without notice or liability.24. DISCLAIMER
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FICTION DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FICTION MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FICTION MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.25. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FICTION AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 FICTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR INABILITY TO USE THE SERVICES;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
- ANY OTHER MATTER RELATING TO THE SERVICES.
You agree to indemnify, defend, and hold harmless Fiction and its affiliates, and their respective officers, directors, employees, agents, and licensors, from and against any and all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your User-Generated Contributions, or your violation of these Terms.27. USER DATA
You agree that these Terms and any other agreements or notices provided to you in electronic form satisfy any legal requirement that such agreements or notices be in writing. You also agree that any electronic communications, transactions, and signatures (collectively, "Electronic Communications") will be considered to be "in writing" and to have the same force and effect as a written agreement or notice.29. CALIFORNIA USERS AND RESIDENTS
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."30. MISCELLANEOUS
- These Terms constitute the entire agreement between you and Fiction with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Fiction.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
31. CONTACT INFORMATION
- The failure of Fiction to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
- The section titles in these Terms are for convenience only and have no legal or contractual effect.
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