TERMS OF USE

1. General Terms

1.1. FictionMe is a trademark/business brand operated by Bonimor Limited, a company registered in Cyprus under company number HE431640. Our registered office is situated at Richardou Leontokardou, 11 ANNEX COURT, Flat/Office 101 4046, Limassol, Cyprus. Throughout this document, references to "FictionMe," "we," or "our" pertain to Bonimor Limited. Our mission is to offer the FictionMe Platform, as described below, to serve writers and publishers for the distribution and monetization of various literary works, referred to as "Works."

1.2. These User Terms of Use (referred to as the "Terms"), along with associated documents mentioned herein and any additional operational rules, policies, and procedures that FictionMe may release periodically—including our Privacy Policy (referred to below as the "Privacy Policy") and Content Policy (referred to below as the "Content Policy")—govern the relationship between FictionMe and the users ("users," "you") of the FictionMe Platform. This platform is accessible via FictionMe mobile application(s) available for iPhone and Android devices ("Apps"), any other platforms facilitating content access, publishing, or distribution, and all linked services, features, or content offered through any of the previously mentioned mediums (collectively referred to as the "Services"). Collectively, these components constitute the "FictionMe Platform."

1.3. By using the FictionMe Platform, you are entering into a legally binding agreement between yourself and FictionMe. By utilizing or interacting with the FictionMe Platform, you affirm your complete acceptance and consent to abide by these Terms without reservation. It is important to thoroughly review these Terms before engaging with the FictionMe Platform. Should you not concur with these Terms in their entirety, you are not authorized to access, peruse, or engage with the FictionMe Platform for any purpose

1.4. The FictionMe Platform might incorporate links or embedded content from third parties, content that FictionMe hasn't evaluated. This includes websites and services not operated by FictionMe, which could be presented for visitor convenience, advertising purposes, or other similar functions aligned with FictionMe's business objectives. It's important to note that FictionMe's inclusion of links or embedded content from third parties doesn't imply endorsement or advertisement of any product, service, or offering by such third parties.

1.5. It's crucial to acknowledge that FictionMe isn't accountable for any third-party content linked to or embedded within the FictionMe Platform. Specifically, FictionMe disclaims any responsibility for the accuracy of information on third-party websites or the quality of products and services presented on such sites. Engaging with third-party content is undertaken at your own risk, and you may be subject to the terms and conditions of those third-party websites.

1.6. FictionMe strongly recommends reviewing the terms, conditions, and privacy policies of any third-party website you visit. Additionally, it's important to be aware that visiting a third-party website may involve the collection of your personal information, and FictionMe cannot control how third parties utilize such technologies or manage the information they gather through these technologies. FictionMe retains the right to make modifications, adjustments, amendments, or updates to these User Terms of Use at our sole and complete discretion. We will make efforts to notify you of any such changes through reasonable means, which may include posting an updated version of the User Terms of Use on the FictionMe Platform. We may also choose to provide notification via email using the contact information you have provided. These modifications will not affect any disputes between you and FictionMe that arose prior to the date on which we posted the revised User Terms of Use or otherwise informed you of the changes. By continuing to use the FictionMe Platform in any capacity after any alterations to the User Terms of Use, you are indicating your acceptance of these changes and your commitment to abide by the most current version of the User Terms of Use. If you disagree with any of the changes, it is necessary for you to cease using the Services immediately. The "Last updated" indication above specifies the date of the most recent revision to the User Terms of Use.

1.7. All capitalized terms used in this document carry the same definitions as provided in the Content Policy or the Privacy Policy (as described below), as appropriate.

2. Your Privacy Rights

2.1. Our Privacy Policy, a duplicate of which can be accessed at https://fictionme.net/ (referred to as the "Privacy Policy"), is included in these Terms through reference. The Privacy Policy outlines various aspects, including the conditions under which we handle any Personal Information (defined as per the Privacy Policy) gathered from you or provided by you. Through your use of the FictionMe Platform, you unequivocally grant consent to such processing, and you assure the accuracy of any materials you furnish to us.

3. Intellectual Property and User License

3.1. FictionMe IP rights. In the context of FictionMe and yourself, all ownership, rights, and interests pertaining to the FictionMe Platform are possessed, licensed, or otherwise managed by FictionMe. This encompasses but is not restricted to, reviews, articles, blogs, graphics, images, artwork, music, blurbs, copy, summaries, marketing or biographical content, the foundational source code of the Website and Apps, videos, webinars, and the careful arrangement and structure of all materials present on the FictionMe Platform. This also includes supplementary marketing and printed materials, with the exception of your Content and any other intellectual property personally owned by you and granted to FictionMe for usage on the FictionMe Platform (such as cover art, trademarks, copyrighted materials, or other intellectual property submitted by you in connection with it). This Intellectual Property, along with the aforementioned exceptions, remains your property in line with our Content Policy. This compilation is safeguarded by both national and international copyright and comparable intellectual property regulations.

FictionMe's name, logos, and overarching brand, including but not limited to the trademarks and service marks for FictionMe™ are registered and safeguarded under diverse national and international trademark legislations.

3.2. User License. Provided that you fully adhere to the Terms, including the conditions laid out in the Content Policy and Privacy Policy, and within the limits of our legal ability to grant such permissions, FictionMe extends to you a non-exclusive, non-sublicensable, and non-transferable license for the use of the Intellectual Property. This license is exclusively intended for accessing Works, utilizing the FictionMe Platform, and other purposes explicitly mentioned herein.

It's important to clarify that nothing within the Terms should be interpreted as granting, either directly or indirectly, any license or entitlement to use any of the Intellectual Property without the explicit written consent of FictionMe. This is in addition to the rights for accessing, using, and/or viewing the FictionMe Platform or Works as expressly outlined herein. To prevent any confusion, the Terms do not effectuate a transfer of any of our or any third party's intellectual property rights to you. All ownership, rights, and interests in and to the intellectual property of any such third party will remain vested in the respective owner.

4. User Account and Registration

4.1. Account Registration. The App provides services that are available for both registered and non-registered users. However, some features and functionalities may only be accessible to registered users. To register for an account on the App, you can choose either of the following methods:

a) Standard Registration: You can create an account by providing your email address and creating a password.

b) Social Media Registration: Alternatively, you can choose to sign in using your existing social media accounts (e.g., Facebook, Google). By opting for this method, you authorize us to access certain information from your social media accounts, as specified in our Privacy Policy.

4.2. Accuracy of Information. When registering for an account, you agree to provide accurate, current, and complete information about yourself. You also agree to update this information promptly if any changes occur. You acknowledge that the information you provide during the registration process, including but not limited to your name, email address, and profile picture, will be used to create and personalize your account.

4.3. Security of Credentials. You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your account information with any third party. In the event of any unauthorized use of your account or a breach of security, you agree to notify us immediately. We shall not be liable for any loss or damage arising from your failure to comply with this security obligation. If you know or suspect that anyone other than you knows your password, you must promptly notify us at [email protected]

4.4. Account Deletion. You have the right to delete your account at any time, subject to the terms outlined in our Privacy Policy. To delete your account, you can follow the designated process within the App's settings. Alternatively, you can contact our customer support for assistance with account deletion through a written request made to FictionMe at [email protected]. Please note that account deletion is irreversible and will result in the permanent removal of your account data, including personal information, posts, and interactions. This action cannot be undone.

4.5. Termination. We reserve the right to terminate or suspend your account, at our sole discretion, for any reason, including but not limited to violation of these Terms of Use or engaging in behavior that we deem inappropriate or harmful to other users or the App's community.

In case of account termination, you will be notified via email or within the App's interface. You may also be provided with an opportunity to appeal the decision, subject to our review process.

By using the App and registering for an account, you acknowledge that you have read, understood, and agreed to abide by the terms and conditions outlined in this "User Account and Registration" section. If you do not agree with any of these terms, please refrain from registering and using the App.

5. Free and Paid Services

5.1. Free Services. The App offers certain features and functionalities ("Free Services") that can be accessed by registered users without incurring any charges. These Free Services provide limited access to the App's offerings and are subject to change at our discretion.

While we strive to provide a valuable experience through our Free Services, please note that some advanced features and functionalities may only be available through our Paid Services.

5.2. Paid Services and Service Fees. The App offers premium features and functionalities ("Paid Services") that can be accessed in exchange for payment of specified service fees ("Service Fees"). These Paid Services provide enhanced experiences and additional functionalities beyond what is offered under the Free Services.

Payment for Paid Services can be made using virtual currency known as "coins." These coins can be purchased through various payment methods, including debit or credit cards, and stored within your account. Coins have no real-world monetary value and can only be used within the App to access Paid Services.

5.3. Coins and Purchasing Options. You are granted a limited, personal, revocable, non-transferable, and non-sublicensable license to utilize coins solely as authorized in accordance with these terms. You hold no additional rights, title, or interest in the coins visible on the App or in your Account, nor do you possess any rights to coins originating from the Services. It is important to clarify that, irrespective of any consideration provided or paid by you to obtain coins, you do not and will not possess any ownership rights to the content acquired through coins.

The cost and quantity of coins available for purchase will be provided to you during the sales transaction. We may provide users with two purchasing options for coins:

a) One-Time Purchase: Users have the option to make a single, non-recurring purchase of coins. This provides users with the flexibility to acquire coins as and when needed.

b) Monthly Auto-renewal Plan: For convenience and cost-effectiveness, users can select a monthly auto-renewal plan. This enables users to acquire a predetermined number of coins which are valid through their renewal period at a reduced cost on a recurring basis.

Coins cannot be transferred between individuals. To elaborate, you are prohibited from purchasing coins from or selling coins to any third party, directly or indirectly. This prohibition includes scenarios such as acquiring coins from a third party's Account or selling your Account to a third party.

5.4. Auto-renewal Plan. Users who opt for the monthly auto-renewal plan agree to an automatic renewal of their coin purchase each month. The Auto-Renewal Plan starts from the date of first payment and renews automatically at the end of each period (each month) until you cancel it.

Once you have subscribed to an Auto-Renewal Plan, we (or our third-party payment processor) will automatically charge the applicable service fee to your chosen payment method on each renewal date, unless you cancel the Auto-Renewal Plan before the renewal date. Additionally, you acknowledge your accountability for all recurring charges until the point at which you opt to terminate your Auto-Renewal Plan.

It is your responsibility to manage and monitor your subscriptions, including any changes, cancellations, or modifications to renewal plans.

5.5. Refunds and Cancellations. Service Fees and coin purchases are non-refundable, except where required by applicable laws or regulations.

You may cancel your subscription to Paid Services, including Auto-Renewal Plans, at any time by deactivating the auto-renewal feature through your Apple ID or Google Play account settings. However, such cancellations will not result in the refund of Service Fees for the remaining period of the subscription. To prevent any charges, it's important to cancel the Auto-Renewal Plan in your Apple ID or Google Play account settings no later than 24 hours prior to the conclusion of the ongoing renewal period.

In the event that you decide to cancel your Auto-Renewal Plan during the course of an ongoing renewal period, please be aware that no portion of the Auto-Renewal fee paid for the then-current renewal period at the time of cancellation will be eligible for a refund.

Should you have completed a purchase using your Apple ID or Google Play account, the refund process will be overseen by Apple or Google and not by us. It's important to note that your purchase will be governed by Apple's or Google’s pertinent payment policy, which might not include provisions for refunds.

Please note that you can request a refund according to the rules specified in the Refund Policy only during the active subscription period, no refunds will be processed after the subscription period ends.

5.6. Changes and Modifications. We reserve the right to modify, change, or discontinue any Paid Services, Service Fees, or coin purchase options at any time. In such cases, you will be notified through the App or via email.

5.7. Promotions. FictionMe reserves the right to occasionally offer sweepstakes, contests, special programs, or other promotions (each referred to as a "Promotion") through the FictionMe Platform. These Promotions may have specific rules that differ from the general Terms outlined here. Whenever a Promotion is presented on the FictionMe Platform, you will be provided with the specific rules, terms, and conditions governing that Promotion. It is crucial for you to carefully review these complete rules and conditions for any Promotion, as participating in a Promotion signifies your full and unconditional agreement to abide by and accept all applicable rules, terms, and conditions. If you do not agree to these rules, terms, and conditions, you are not authorized to take part in the Promotion. In cases where there is a conflict or discrepancy between the rules, terms, or conditions of a Promotion and the Terms detailed here, the rules, terms, and conditions of the Promotion will take precedence over these Terms.

Additionally, it's important to note that Promotions offered by FictionMe are primarily related to the acquisition of Coins for use within the FictionMe Platform. These Promotions do not involve the acquisition of physical goods, actual currency, or legal tender of any kind. Any Coins acquired through a Promotion are granted to you as a limited, personal, revocable, non-transferable, and non-sublicensable license for use solely within the FictionMe Platform. These Coins have no other associated rights, titles, or interests

5.8. Compliance with Payment Terms. By accessing Paid Services, you agree to comply with all payment terms, including the timely payment of Service Fees and adherence to any relevant payment methods.

By utilizing Free or Paid Services on the App, you acknowledge that you have read, understood, and agreed to abide by the terms and conditions outlined in this "Free and Paid Services" section. If you do not agree with any of these terms, please refrain from using the Paid Services and the App's offerings.

6. Content Policy

6.1. Our Content Policy outlines various aspects, including the conditions surrounding FictionMe's utilization of Content that writers and publishers upload to the FictionMe Platform. Before uploading any Works onto the FictionMe Platform, you are required to review and accept the terms and conditions of the Content Policy.

6.2. By submitting the Work for publication on our platform, writers acknowledge and agree that the Work shall be in compliance with the requirements outlined in our Content Policy. Writers understand and accept that our moderation team is primarily responsible for reviewing and ensuring the technical requirements for the Work are met.

6.3. Writers acknowledge and agree that they bear full and exclusive responsibility for the content they submit for publication on our platform. This comprehensive responsibility encompasses but is not limited to, ensuring the accuracy, legality, originality, ethical alignment, adherence to community guidelines, and the prevention of intellectual property infringement in the content within the Work. Writers are required to uphold these standards rigorously, and any violations will result in necessary corrective actions as per our platform's policies and procedures.

6.4. We retain the right to permanently remove, disable, suspend, or terminate your Account and all associated Content at any point in time, at our discretion, and for any reason. This includes circumstances where you fail to adhere to any provision outlined in these Terms or the terms and conditions of the Content Policy.

6.5. To eliminate any confusion, any rights not explicitly granted to FictionMe within this context will remain exclusively yours. It's important to clarify that FictionMe does not lay claim to ownership of your Content.

7. Comments on the FictionMe Platform

7.1. FictionMe encourages your engagement on the FictionMe Platform, and you might have the option to submit materials to FictionMe that are not considered Content. By submitting comments or feedback (referred to together as "Comment" or "Comments") through the FictionMe Platform or other means, like sending an email about the FictionMe Platform, posting on a message board, or reviewing a Work, you grant FictionMe the unrestricted right to utilize the Comment for any purpose, across all forms of media and indefinitely. This is without incurring any obligation or liability to you, including, but not limited to, the right to use, exploit, sell, display, perform, store, modify, adapt, publish, extend, distribute, and/or reproduce the Comment on the FictionMe Platform. If you intend to keep a Comment private or proprietary, kindly refrain from transmitting any Comment to FictionMe or sharing it with others on the FictionMe Platform. Importantly, the definition of "Comment" does not encompass your Content.

7.2. Comments must not encompass or represent, in whole or in part, the following, as judged at the sole discretion of FictionMe:

• Infringement, wholly or partly, of any intellectual property right (including, without limitation, copyright, trademark, publicity, or privacy rights) of any third party. An instance of this would be the unauthorized replication of another person's Work.
• Threats, bullying, abuse, or invasion of another person's privacy, which could involve the unauthorized dissemination of someone else's Personal Information (as defined in the Privacy Policy). This also includes behavior likely to harass, upset, embarrass, alarm, or objectively disturb any individual.
• Material that is offensive, hateful, constitutes a hate crime, is inflammatory, discriminates, or incites violence against any particular group. This encompasses statements that are or can reasonably be interpreted as sexist, racist, ableist, homophobic, or ageist.
• Material that promotes or directly supports any illegal activity, including advocating, promoting, or aiding in the commission of crimes or other unlawful acts; material that causes, either directly or indirectly, self-harming behavior in others, including encouraging or advocating suicide or eating disorders.
• Material that is defamatory or disparaging to FictionMe or any third party or breaches legal duties owed to third parties, such as contractual, fiduciary, or confidentiality obligations.
• Material containing pornographic content or explicit depictions of extreme or illegal sexual acts.
• Material used to impersonate any person, deceive, misrepresent your identity, or affiliation with any third party.
• Material that includes solicitations, advertising for products/services, and links to promotions with third-party publishers and digital platforms.
• Material that falsely suggests it originates from FictionMe, even if it does not.

7.3. While FictionMe retains all available rights, Comments found to violate any of the aforementioned guidelines could result in the suspension or termination of your Account or the immediate removal of the Comments from the FictionMe Platform. This action may be taken at our sole discretion without notice to you.

8. Prohibited User Activity

8.1. You are prohibited from engaging in actions such as copying, capturing, reproducing, removing, performing, transferring, selling, licensing, modifying, manipulating, creating derivative works from, republishing, uploading, editing, posting, transmitting, publicly displaying, framing, distributing, using, storing, or exploiting Content, the FictionMe Platform, or any Intellectual Property unless explicitly authorized by these Terms. For clarity, this means you cannot reproduce Content or Intellectual Property in any way, including physical or digital media (such as CDs or digital text files) or uploading Intellectual Property to peer-to-peer or torrent websites or services. Any unauthorized activities that infringe upon the intellectual property rights of FictionMe or the owners/rights holders of the Content are expressly forbidden, and all rights to Intellectual Property and the Content are expressly retained. Unauthorized use of the Intellectual Property, unless explicitly authorized by these Terms, may result in civil liability under copyright, trademark, publicity, or privacy laws, as well as other civil and criminal regulations. You agree, at our discretion, to either return or destroy any copies of the Content and Intellectual Property that you have created in violation of these Terms. You are not permitted to re-upload Content that we have determined to be in violation of these Terms.

8.2. However, FictionMe may occasionally enable a Content sharing feature that permits you to share specific pre-approved sections of certain Works, as determined solely by FictionMe's discretion. It's important to note that FictionMe reserves the right to deactivate this Content sharing feature at any time and for any reason without prior notice. Any attempts at content sharing beyond what is explicitly authorized by FictionMe are prohibited.

8.3. You are not allowed to modify or alter the FictionMe Platform in any way. Additionally, you must exclusively utilize the authorized means provided by FictionMe to access the FictionMe Platform. This includes refraining from using bots, spiders, or other automated methods to access the FictionMe Platform.

8.4. It is your responsibility to comply with all relevant local, state, national, and international laws, treaties, and regulations when using the App. We retain the right, at any time and at our sole discretion, with or without prior notice, to suspend and/or terminate accounts and/or services of any users who violate any applicable laws or these Terms, whether through repeated violations or a single instance.

8.5. You accept and agree that in the event of a breach of these Terms by you, you forfeit any and all unused portions of your subscription, and any fees paid hereunder are non-refundable to the maximum extent provided by law.

9. How to report possible violations of these Terms

9.1. If you encounter content or behavior that you believe fails to comply with our Terms or applicable laws on the Services, we encourage you to report it to us.

9.2. If a report lacks sufficient information for us to clearly determine whether the content is illegal, we will either ask you for more details or choose not to remove the content in question.

9.3. Compile a Notice containing the following information:

• A detailed explanation of why you believe the content or user behavior violates applicable laws or our Terms.
• Identification of any copyrighted work allegedly infringed, if applicable.
• A clear indication of the exact electronic location of the content, such as URLs or screenshots, to aid in its identification.
• Your contact information, including your full name, physical address, and email address. If applicable, provide information about your authorized representative.
• A statement affirming your good-faith belief that the use of the content is not authorized by you, your authorized representative, or the law.
• A statement affirming the accuracy of the information provided in the Notice under penalty of perjury.
• Your physical or electronic signature.
• Send the completed Notice to us via email at [email protected] or by registered mail to the following address:

Binomor Limited, Richardou Leontokardou, 11 ANNEX COURT, Flat/Office 101 4046, Limassol, Cyprus.

9.4. We evaluate your Notice and if we find that a breach has occurred, we may take appropriate action, which could include termination of the user's account limitation or suspension of the provision of services, or removal or restriction of the reported content.

9.5. We will communicate the outcome of our review and any actions taken to the user via email or other provided means of contact. We take reports of unacceptable use of our services seriously and appreciate your cooperation in helping us maintain a safe and compliant platform for all users.

10. User Representations and Warranties

10.1. By utilizing the FictionMe Platform, you affirm the following:

• You agree to fully comply with all the Terms presented here.
• You are not under any disability or restriction that would hinder your ability to enter into, perform as outlined, and adhere to all the Terms.
• You acknowledge and confirm that you are at least 18 years old and that you are not permitted to use the FictionMe Platform if you are under 18 years of age.
• Any Comments and Content you submit through your Account to the FictionMe Platform adhere to these Terms. Such submissions, unless otherwise approved by FictionMe, have not been previously submitted, are not considered confidential or proprietary, and do not infringe upon the contractual, intellectual property, privacy, publicity, or other rights of any third party.
• You possess all necessary licenses, rights, consents, and permissions to utilize all Comments (including a recognition that any associated costs, expenses, and payments related to such clearance are solely your responsibility). Additionally, you commit to complying with all relevant laws, rules, and regulations regarding your use of the FictionMe Platform.
• You will not engage in actions that damage the FictionMe Platform, affect its availability or accessibility, or engage in fraudulent, unlawful, or harmful behavior. This includes modifying, adapting, bypassing, or hacking the FictionMe Platform to alter, decrypt, interrupt, destroy, or restrict the functionality of FictionMe's or other users' computer software, hardware, or telecommunications equipment. Unauthorized access attempts to our servers or computer systems, as well as introducing viruses, trojans, worms, logic bombs, or any malicious material, are also strictly prohibited. Any misuse or attacks against the FictionMe Platform, such as denial-of-service or distributed denial-of-service attacks, will be reported to law enforcement authorities.
• You will not upload, post, host, or transmit unsolicited correspondence, emails, "spam" messages, worms, viruses, or any malicious code to the FictionMe Platform. You will refrain from contacting other visitors or users of the FictionMe Platform for unlawful purposes or if they have requested not to be contacted. You will also refrain from accessing the Platform through unauthorized means.
• You recognize that certain Works or other Intellectual Property accessible via the FictionMe Platform may be subject to limitations imposed by third parties, including FictionMe's affiliates and other users of the FictionMe Platform. Access to these Works or Intellectual Property may require your consent to adhere to additional terms and conditions governing their use, access, or viewing. You agree that your use of the FictionMe Platform will be bound by all such additional terms and conditions.
• Works may be accessible on the FictionMe Platform for a limited duration, and authors of any Work possess the right to withdraw their Work from the FictionMe Platform without prior notice.
• FictionMe is not accountable for recovering, publishing, providing, or making available any Works that have been removed, for which FictionMe no longer holds the right and license for publishing, or that are no longer accessible on the FictionMe Platform for any reason whatsoever. This pertains even to Works you have acquired through the FictionMe Platform.
• You accept that FictionMe bears no liability to you or any third party for the exercise of these rights.
• FictionMe is not designed as a cloud-based storage platform, and you are solely responsible for creating backup copies of any Works you upload to the FictionMe Platform. FictionMe is not obligated to supply you with backup copies of any purchased Works.
• You understand that FictionMe is not obligated to mediate, assist, or involve itself in any disputes between you and other users of the FictionMe Platform or any third parties.
• You will refrain from linking to our FictionMe Platform in a manner that is unfair, illegal, damaging to our reputation, or implies our endorsement or approval of you or your Comments when such endorsement or approval does not exist. If you do link to the FictionMe Platform, you will not frame it within another website or application, and you will only link to our Website's home page.
• You comprehend that the Works and Intellectual Property are not intended to substitute for professional advice on which you should rely. You acknowledge that the Works and Intellectual Property are for your personal entertainment and enjoyment.
• You bear responsibility for all costs associated with accessing or using the FictionMe Platform, including mobile or cellular device fees, as well as any system software and hardware compatibility requirements.
• You will not remove any copyright, trademark, or other legal notices that accompany the Works and Intellectual Property accessible via the FictionMe Platform.
• You will maintain the confidentiality of any discussions or correspondence you have with FictionMe concerning disputes related to your payment, purchase history, or any alleged breaches of these Terms, without prior written consent from FictionMe.
• You will not post, transmit, or endorse any unauthorized sweepstakes, contest, lottery, or gambling of any kind on the FictionMe Platform.
• You agree not to use or attempt to use the FictionMe Platform in violation of the Children's Online Privacy Protection Act (COPPA), either on your behalf or on behalf of any child.
• You shall not use the FictionMe Platform in ways not expressly stated here or approved in writing by FictionMe.

11. Disclaimers

11.1. FictionMe retains the right to:

• Suspend, withdraw, discontinue, limit, or modify all or any part of the FictionMe Platform.
• Restrict or revoke your access to the FictionMe Platform or your usage of it, without prior notice, for any reason, with or without cause, and at our sole discretion.
• Enforce prohibitions on your access to the FictionMe Platform and/or terminate your Account.
• Cease the promotion, display, and distribution of any Comments that you upload to the FictionMe Platform.

11.2. These actions may occur at any time and for any reason, at our sole discretion. This could also include the immediate removal and destruction of all data linked to your Account. FictionMe reserves the right, at our sole discretion, to alter our operations at any point in time for any reason. In the event that your Account is suspended or terminated, FictionMe will not be held liable for any inability on your part to access purchased or other Works.

11.3. FictionMe, in its capacity as a platform provider, unequivocally does not endorse any submitted Works or Comments on our Platform. Users and writers acknowledge and explicitly agree to waive any legal or equitable rights or remedies they may have against FictionMe regarding these Works or Comments. We explicitly disclaim any and all liability associated with Works or Comments posted on our platform.

11.4. In the event that a user or content owner informs us that a Work or Comment allegedly does not adhere to these Terms, we may undertake an investigation and, at our sole discretion, decide whether to remove the Work or Comment. We retain the unrestricted right to take such action at any time and without prior notice. FictionMe strictly prohibits activities that infringe on the copyright of the Platform.

11.5. Users and writers understand and agree that we bear no obligation to edit or control Works or Comments and, as such, will not be held responsible or liable for them. Consequently, we shall not be held responsible or liable for any content posted on the platform. By participating in our community, users and writers commit to adhering to these regulations and agree to conduct themselves in compliance with the outlined terms and conditions.

11.6. FictionMe also reserves the right to reclaim any username if we believe, at our sole discretion, that it violates another party's intellectual property rights, is inactive, or has the potential to mislead or deceive other users of the FictionMe Platform. Should we decide to reclaim a username, we will make reasonable efforts to notify you before doing so. You might need to establish a new Account to continue using the FictionMe Platform. Subject to your adherence to all other terms and conditions outlined herein, FictionMe will reasonably assist you in transferring any purchased Works to your new Account.

11.7. From time to time, FictionMe may employ various technologies to verify your compliance with these Terms, and your use of the FictionMe Platform implies your consent to such monitoring activities, subject to the terms found in our Privacy Policy. In the event of a dispute between you and another user of the FictionMe Platform or a third party, we may, at our sole discretion and without obligation, share your contact information or Comments with the complaining party.

11.8. FictionMe explicitly reserves all rights not specifically covered in these Terms, pertaining to the FictionMe Platform or its business operations.

11.9. The FictionMe Platform is provided "as is," "as available," and "with all faults" for the intended purposes as described herein. The use of the FictionMe Platform is entirely at your own risk, and it's important to exercise caution and make informed decisions while using the FictionMe Platform.

11.10. FictionMe does not actively monitor all Works and Comments present on the FictionMe Platform, including interactive services like message boards, for content that might be offensive, indecent, objectionable, obscene, or unlawful. We neither endorse nor imply endorsement of any Works or Comments, and we do not make assertions about the accuracy, quality, safety, morality, legality, completeness, usefulness, up-to-dateness, or freedom from errors or omissions of Works and Comments. The views expressed on the FictionMe Platform do not necessarily reflect our own views or values.

11.11. FictionMe does not guarantee the availability, delivery, performance, pricing, or timeliness of any Works or other Intellectual Property presented on the FictionMe Platform. This includes no guarantee that future Episodes of a Work will be posted by writers or publishers in a timely manner, that Coins, Works, or Services will remain available on the FictionMe Platform, or that the pricing of Coins, Works, or Services will stay consistent.

11.12. While FictionMe aims to provide accurate descriptions of all materials accessible on the FictionMe Platform, it's important to understand that there might be inaccuracies, omissions, and delays in the information. FictionMe does not warrant that all material descriptions are complete, error-free, or accurate. However, every effort is made to offer you complete, error-free, and accurate information.

11.13. FictionMe cannot guarantee that your usage of the FictionMe Platform, including all associated features and functionalities, will be uninterrupted, interference-free, or error-free. Nor can we ensure that the delivery or display of the FictionMe Platform will be free from viruses, worms, or other security intrusions. You are solely responsible for configuring your information technology, computer software, and other technology to access the FictionMe Platform, and it's advisable to use your own virus protection software.

11.14. We take no responsibility for the deletion or failure to store any Comments or other information you submit to the FictionMe Platform. We do not commit to storing or retaining any Comments that you've uploaded to the FictionMe Platform. You are solely responsible for maintaining backup copies of any Comments you upload.

11.15. You acknowledge that FictionMe is not liable for any performance failures caused by circumstances beyond its control. These circumstances could include acts of nature, fires, explosions, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor disputes, supplier failures, shortages, government actions, and suspension of existing services due to compliance with state or federal laws, rules, or regulations.

11.16. FictionMe does not authenticate the identity of its users, and there is no built-in two-step authentication. We do not guarantee that any user of the FictionMe Platform is accurately representing themselves. FictionMe will not be held liable if you come across another user who is providing misleading information or is dishonest in any way. If you suspect another user is being deceptive, you can promptly inform us at [email protected], providing a detailed and good-faith description of the alleged behavior, including information to help us identify the user, Content, Intellectual Property, or issue in question.

11.17. While FictionMe is dedicated to safeguarding your privacy as per relevant laws, regulations, and these Terms, please understand that no electronic transmission of information to FictionMe can be guaranteed to be entirely secure. We cannot assure or warrant the security of any information you send to FictionMe. Nonetheless, we believe the measures we've put in place help minimize the likelihood of security issues to an appropriate level based on the data involved. Any information you transmit to FictionMe is done at your own risk and may not be kept confidential. For additional information, refer to our Privacy Policy.

11.18. In cases where your Content or other intellectual property is infringed upon by a third party, FictionMe has no obligation to pursue intellectual property claims against such third parties on your behalf. This includes FictionMe not being responsible for issuing intellectual property takedown notices to any third party. However, if intellectual property infringement occurs on the FictionMe Platform, we will take down such infringing material in accordance with these Terms.

11.19. To the maximum extent allowed by applicable law, FictionMe disclaims all warranties, whether expressed or implied, written or oral, arising from the course of dealing, performance, trade usage, or other circumstances. These warranties include but are not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and the idea that your use of the FictionMe Platform will lead to sales or other financial benefits for you. FictionMe explicitly does not warrant that the FictionMe Platform, Content, or Intellectual Property will meet your specific requirements.

12. Indemnification and Limitation of Liability

12.1. Regardless of any other provision in these Terms, FictionMe will not be held liable to you for any form of damages, including direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind, connected to the FictionMe Platform or these Terms. This includes damages related to various legal theories such as contract, tort, personal injury, property damage, negligence, warranty, or strict liability. This applies even if FictionMe has been informed of the potential for such damages. Even if the remedies available otherwise fail to fulfill their intended purposes, your sole and exclusive recourse, if you are dissatisfied with the FictionMe Platform or these Terms, is to stop using the FictionMe Platform. This limitation of liability is fundamental to the agreement between you and FictionMe.

12.2. By using the FictionMe Platform, you expressly release and discharge FictionMe, its officers, directors, employees, affiliates, subcontractors, and assigns from any claims or damages of any kind that arise from or are connected to the use of the FictionMe Platform. This includes but is not limited to, claims related to fraud, data loss, loss of Content or Intellectual Property, disclosure of personal information, damages from malicious software or other harmful technological materials, inaccurate information, objectionable conduct on the platform, availability of Works, offensive or unlawful Content, violation of privacy or publicity rights, intellectual property infringement by third parties, and breaches of these Terms by you. This waiver and release of claims apply regardless of the legal theory, including contract, tort, negligence, warranty, or strict liability.

12.3. If you are a resident of California, you acknowledge and agree to waive California Civil Code §1542, which states: "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."

12.4. Your sole and exclusive remedy, if you are dissatisfied with the FictionMe Platform, is to cease using it. Even if any limited remedy fails to achieve its intended purpose, the limitations in this section will still apply. The allocation of risk between FictionMe and you is a fundamental aspect of the agreement between us. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, FictionMe's aggregate liability for breaches of these Terms or your use of the FictionMe Platform will not exceed one thousand dollars ($1,000.00 USD) in total for all claims combined.).

12.5. 11.8. Despite any other provision in these Terms, and without negating or diminishing the releases or limitations of liability detailed in these Terms, you agree to indemnify FictionMe and its affiliated parties, including members, managers, directors, officers, employees, contractors, suppliers, vendors, affiliates, subsidiaries, successors, literary publishing partners (including but not limited to publishing companies that may provide Works), agents, attorneys, contractors, and licensors (collectively referred to as the "Indemnitees"). This indemnification includes defending the Indemnitees against all claims, actions, suits, and other legal proceedings that arise from or are related to these Terms. This includes, but is not limited to (i) your proper or improper use of the FictionMe Platform in any capacity; (ii) any breach or alleged breach of the Terms by you; (iii) your infringement of any third-party intellectual property rights; and (iv) any activities carried out using your Account (collectively referred to as the "Claims"). You agree to indemnify and shield the Indemnitees from and against judgments, losses, liabilities, damages, costs, and expenses, including reasonable attorney's fees and legal costs, connected to such Claims. In simple terms, this means you will be held responsible for any loss or damage incurred by FictionMe due to these breaches or activities.

12.6. This responsibility for indemnification will remain in effect even after these Terms conclude and your use of the FictionMe Platform ends.

12.7. FictionMe maintains the right to take control of the exclusive defense for any Claims for which FictionMe is entitled to indemnification. If this occurs, you must offer timely and reasonable cooperation to FictionMe at your own expense.

13. IP Infringement Reports and Compliance, DMCA

13.1. We understand the importance of intellectual property protection and the value of creative expression. In compliance with the DMCA, we have established a robust procedure for addressing copyright infringement claims and removing infringing content promptly. We also encourage the reporting of any instances of potential infringement to ensure that the works shared on FictionMe platform are in line with copyright laws and regulations.

13.2. We set the stage for our collective commitment to a community that values originality, respects intellectual property, and fosters a love for literary creation. Your use of our platform signifies your agreement to these principles and procedures, as we endeavor to provide a secure and enjoyable environment for all.

13.3. If you genuinely believe that your intellectual property rights have been violated through the use of the FictionMe Platform, you have the option to notify us via email at: [email protected], using the subject line "Notice of Infringement," or through written communication to the following address:

FictionMe Content Audit Team

Richardou Leontokardou, 11 ANNEX COURT, Flat/Office 101, 4046, Limassol, Cyprus.

For more details please refer to our IP Infringement Reports and Compliance.

13.4. Please note that the procedures outlined above pertain exclusively to alleged intellectual property infringements. If you have any other concerns or issues related to the FictionMe Platform, please feel free to contact FictionMe via email at: [email protected].

14. Miscellaneous.

14.1. Interpretation. These Terms constitute the comprehensive agreement between you and FictionMe, supplanting all previous agreements (including prior versions of these Terms), whether oral or written, pertaining to your use of the FictionMe Platform and all other subjects outlined herein. These Terms shall be binding upon and advantageous to both FictionMe and you, as well as your respective assigns, successors, heirs, and legal representatives. Any modifications or amendments to these Terms can only be made as explicitly provided for in these Terms. These Terms are specific to you and cannot be assigned, transferred, or sublicensed by you without the prior written consent of FictionMe. FictionMe holds the right to freely assign these Terms. If any portion of these Terms is deemed by a court of law to be invalid, voidable, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force as if the invalidated portion had never existed. The waiver of a breach of any provisions of these Terms by one party shall not be interpreted as a waiver of any subsequent breaches by the same party. Section headings are included for convenience and do not affect the interpretation of these Terms. All provisions of these Terms that logically extend beyond the termination or expiration of the agreement, including those related to intellectual property rights, warranty disclaimers, indemnification, and limitations of liability, will continue to be in effect even after termination or expiration.

14.2. Choice of Law. You consent and agree that: (i) the Terms will be exclusively governed by the laws of Cyprus applicable to contracts entered into and performed within Cyprus and notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and/or to participate in a class or representative action, and any jurisdictional and venue defenses otherwise available, excepting only that you and FictionMe may agree in writing that an arbitrator or judge, as applicable pursuant to these Terms, may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Any dispute arising in connection with or relating in any way to these Terms or to your relationship with FictionMe to the Terms shall be exclusively resolved and heard in Cyprus.

Any alleged claim or cause of action you may have with respect to your use of the FictionMe Platform must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation of the breach of the Terms by you will result in irreparable harm to FictionMe that monetary damages may be inadequate, and you hereby agree FictionMe shall be entitled to seek injunctive relief.

You and FictionMe agree that any dispute, claim, or controversy between you and FictionMe arising in connection with or relating in any way to these Terms or to your relationship with FictionMe (whether based on contract, tort, fraud, misrepresentation, or any other legal theory and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration. Notwithstanding the foregoing, arbitration may be waived by the mutual written agreement of the parties. In the event this mandatory arbitration provision is invalidated, in whole or in part, by an authority of competent jurisdiction, the parties agree that the exclusive jurisdiction and venue for any such dispute, claim, or controversy related to these Terms shall be exclusively governed by the choice of law provisions contained in section 13.2 herein.

14.3. Notices.All legal notices required by these Terms must be in written form and communicated via email to FictionMe at: [email protected]. By utilizing the FictionMe Platform, you acknowledge that any electronic notice sent to you by FictionMe will serve as valid legal communication or notification. You are responsible for maintaining accurate and up-to-date contact information within your Account, and we shall not be held accountable if you fail to do so.

14.4. International Use. We cannot guarantee that the FictionMe Platform, Works, or other content provided under these Terms are suitable or accessible for use in every location. It is strictly prohibited to access the FictionMe Platform, Works, or other content from territories where their contents are deemed illegal or unlawful, including restrictions related to possessing certain Works in specific jurisdictions. If you decide to access the FictionMe Platform from such locations, you do so at your own discretion and are responsible for adhering to local laws. Please be aware that any information collected by FictionMe may be transferred, stored, and/or processed outside the location where you use our services. For additional details, please refer to our Privacy Policy.

14.5. Communication. When you engage with the Service, your interactions and communications are considered electronic in nature. This includes interactions through the Service's features or via other electronic means like email. By using the Service, you acknowledge and agree that we may communicate with you electronically. This includes various forms of communication such as notices, disclosures, agreements, and other information that we provide electronically. These electronic communications have the same legal significance as written communications and are equivalent to written communications that are signed by the party sending the communication.

Furthermore, when you interact with certain elements of the Service by clicking on buttons labeled "SUBMIT," "CONTINUE," "REGISTER," "I AGREE," or similar links, you are essentially providing an electronic signature. This electronic signature is legally binding, and by doing so, you are entering into a legally binding contract with us. Your electronic submissions indicate your intent to be bound by the Terms outlined. As part of this agreement, you consent to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records. This holds true for transactions initiated or completed through the Service.

15. Contact Us

If you have any questions, concerns, inquiries, worries, comments, or remarks regarding our User Terms of Use, you can get in touch with us via:

- Bonimor Limited, Richardou Leontokardou, 11 ANNEX COURT, Flat/Office 101 4046, Limassol, Cyprus.

- Email: [email protected]