Effective Date: December, 2023
The Website https://fictionme.net/ is owned and operated by Bonimor Limited (“we”, “our” or “us”). We are registered in Cyprus under company number HE431640 and have our registered office at Richardou Leontokardou, 11 ANNEX COURT, Flat/Office 101 4046, Limassol, Cyprus.
Contact us: [email protected]
You shall read the Agreement before the first use of the Website; in the case of disagreement with any of the terms hereof, you must not use the Website or related materials, or any other materials supporting the work of the Website and must leave the Website and immediately stop using it and any related materials. Compliance with the terms of the Agreement, as well as all annexes to it, is obligatory throughout the entire time of using the Website. You will be deemed to have agreed to the terms of the Agreement and all the annexes to it, as well as to accept them as binding on you, in the event of at least one of the following circumstances: a) you open or access the Website through any browser and from any device; b) you view the Website; c) you contact us through the Website (via GoogleForm) or through contacts posted on the Website or obtained through interaction with us.
Termination of the use of the Website (in the event of assuming obligations under the Agreement) do not automatically terminate the Agreement, unless otherwise is set forth in our notification. The term and procedure for termination of the Agreement are provided by section 3 of the Agreement. Without prejudice to the provisions of the preamble of the Agreement, and in addition to them, we may, at our own discretion, from time to time additionally request your consent to certain provisions, which will not mean replacement of any provision of the Agreement.
1. YOUR USE OF WEBSITE
1.1. The Website is a part of a software internet system intended to
- promote FictionMe - a mobile reading app that's filled with thousands of breathtaking stories;
- engage authors for future cooperation with FictionMe.
1.2. You hereby agree that use of the Website shall not be deemed as performance of professional consultations or advise services. Those activities fall outside of this Agreement's regulation.
1.3. Related materials, related information materials and materials supporting the work of the Website (the “information materials”) are any information posted on the Website, including but not limited to the following: computer code, any texts and images, audiovisual works, audio tracks, separate sounds, animated images, analytical information, any logos, videos, etc.
1.4. The user may use the Website only in order to (a) access the Website with informational purposes; (b) contact us and provide personal details (via email or GoogleForm); (c) read legal documents posted on the Website; (d) perform other actions permitted hereby.
1.5. Since the Website and all of its components, including the information materials posted on the Website, are intellectual property created and/or owned by us and that we have the right to use it, the user acknowledges such circumstances and accepts the following conditions of the Website use: a) we provide you with a non-exclusive, limited by time and means of use, non-transferable license to access and use the Website in accordance with the available functionality, which can be revoked by us at any time without any prior notification; b) the license to use the Website is valid during the term of the Agreement and is not limited by the territory; c) the license is limited by the terms of the Agreement. Any provisions and rights that are not clearly provided by the Agreement are considered unforeseen and not granted to you. The Agreement does not contain implied rights or provisions; d) you can use the Website and the information materials posted on the Website solely for personal non-commercial purposes and only in accordance with the Agreement and within the functionality of the Website; e) you shall not recreate, duplicate, copy, sell or resell, as well as use for commercial purposes the Website and any information materials posted on the Website, unless we have given you written permission; f) you are not allowed to use any of the informational materials outside of the Website; g) the Website may require additional resources or permissions for proper functioning, for example, access to the Internet, to internal data storage of the user's devices, the ability to send notifications to the browser, etc.; and h) we are not responsible for any relationship between the user and third parties, as well as for the results of using the Website.
1.6. Only a legally capable person who has reached the age of 18 or the age of majority in their jurisdiction (whichever is greater) may be the user. Once you use the Website or the information materials, you confirm and warrant that you have full legal capacity and have reached the age of 18 or the age of majority in your jurisdiction (whichever is greater).
1.7. The user acknowledges the circumstances and undertakes to adhere to the following restrictions: a) when using the Website, the user must not use any mechanisms, software or scripts that directly or indirectly interact with the Website, and access to which was not provided to the user in accordance with the Agreement or our written permission; b) the user must not infringe on the electronic integrity of the Website, try to overcome the protection of the Website in any way and distribute malicious software that can harm us, the Website or other users; c) the user must not share any information, including messages, elements of the Website or the information materials, both on our behalf and on his own behalf; d) the user must not in any way share any information obtained within the Website, except through the relevant mechanisms of the Website; e) the user must not create any technical obstacles in the functioning of the Website or duplicate the actions of the Website in any way.
1.8. By giving us the contact details, the user gives us consent to receive messages, mailings, advertisements and promotional materials via e-mail or by other means. The following rules apply to sending messages: a) messages can be of two types: (i) non-commercial, related to the fulfilment of the Agreement or the exercising of our or your obligations (basically, this is information about the main stages of our cooperation); and (ii) commercial (related to special offers); b) If you decide to unsubscribe from commercial mailings or other messages without reference to the content of the message, you shall send us a notification to [email protected]. Upon receipt of such notice, we will cease mailing.
2. WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY
2.1. We provide you with access to the Website in accordance with the principles “as is” and “as available”. This means that we cannot guarantee (and we do not guarantee) that access to the Website will be uninterrupted, timely, and the Website will not contain errors. We cannot guarantee that the Website will function properly on all devices and under all special conditions. However, we will make every reasonable effort to ensure the proper functioning of the Website.
2.3. To the extent permitted by law, in no case we and any other our related persons (employees, contractors, shareholders, agents, representatives, referrals, partners, advertising, promotional agencies and other agencies providing other services, any other representatives and legal advisers) are not responsible for any inaccuracies or omissions in information materials and any special, indirect and other damages, lost profits caused or in any way related to the use or inability to use the Website or the information materials, any harm, damage, demands, and other actions that may occur at any stage of using the Website, in particular: a) breakdown or any suspension of the functioning of the telephone line, equipment, software, Internet, information network, e-mail services, etc.; b) unsuccessful, incomplete, falsified and untimely computer transmissions or mailings; c)any actions taken outside our control; d) any damage, loss or harm arising from the use of the Website; e) typographical errors in any materials provided through the Website.
2.5. You clearly understand and agree that you are solely responsible for the truthfulness and accuracy of the information you file with us on the Website as well as for the use of the Website and the information materials. You take full responsibility for any expenses and commissions when using the Website.
2.6. You agree to protect, indemnify and ensure the safety as well as hold harmless us and our referrals against any claims, lawsuits or statements, including the payment to legal advisers, if this arises from your use of the Website, your violation or non-compliance with the terms of this Agreement, violation of third-party rights and any other your actions or inaction.
2.7. We and any other related persons (employees, contractors, shareholders, agents, representatives, referrals, partners, advertising, promotional agencies and other agencies providing other services, any other representatives and legal advisers) are not responsible for any unethical, unauthorized, illegal or unlawful use of the Website. This includes plagiarism, lawsuits, unfair advertising, loss of position/reputation or monetary compensation, resignation, termination of cooperation, and any other disciplinary and legal consequences. You take full responsibility for any disciplinary and legal consequences arising from the illegal, unethical and/or infringing use of the Website.
2.8. The content on the Website is provided for general information only. It is not intended to amount to technical, financial, or legal advice or any other type of advice on which you should rely.
2.9. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on the Website is accurate, complete or up to date.
3. TERM OF AGREEMENT
3.1. The agreement is valid until you or we terminate our cooperation. Despite any herein, we reserve the right, without any notice and at our sole discretion, to terminate the Agreement, suspend or terminate your right to access the Website or its individual sections/the information materials.
3.2. The Agreement may also be terminated by us if you violate any terms of the Agreement or any of its integral parts.
3.3. You may terminate the agreement by notifying us 10 calendar days prior to the planned termination date via email at [email protected]. Once the Agreement is terminated, your access to the Website is limited. If, after termination, you continue to use the Website as a user, this will mean that you have agreed to the terms of the Agreement again and a contractual relationship has arisen.
4.2. This version of the Agreement supersedes any other agreements between you and us regarding the subject matter of the Agreement, as well as all previous versions of the Agreement. If any provision hereof (paragraph or provision of such a paragraph) is invalidated, this does not affect other provisions of the Agreement and must be changed, edited or interpreted in such a way as to contain more actual and relevant meaning for the purposes of the Agreement.
4.3. You and we must not rely on any written or oral information that is not embodied or mentioned in this Agreement. Your or our failure to comply with any term of this Agreement does not constitute a waiver of your right to enforce that or any other term of this Agreement.
4.4. Nothing in this Agreement is intended to establish any form of partnership, recruitment, or joint venture between you and us. You and we are not agents, neither you nor we can enter into contracts or any other documents/transactions on behalf of each other or as representatives of each other. Nothing in this Agreement creates obligations for third parties. No third party is bound by this Agreement.
4.5. Communication between you and us may take place in English. Messages, requests, inquiries, statements and/or permissions will be sent by any means available. Notices and reports under the Agreement are deemed to have been received within one day of the date the notice or report was sent.
4.6. The headings in this Agreement are intended to make this Agreement easier to understand. The headings do not affect the content and meaning of the provisions placed under the specific headings. Headings are not to be used to interpret the terms of this Agreement.
4.7. This Agreement is an electronic agreement. The electronic form hereof has the same legal effect as if it were signed using a physical signature.
4.8. We may independently and without your prior consent from time-to-time change, supplement or otherwise modify the Agreement (and any integral part of it) or any functionality of the Website, so please periodically check this page and test the Website to make sure you agree with all changes. If you continue to use the Website or information materials after such changes, we will assume that you have accepted the changes, unless we are required to obtain your explicit consent to such changes under applicable law.
4.9. If you do not accept any of the terms hereof or any changes hereto, please do not start using the Website or information materials or stop using and remove any traces of such use from your devices.
4.10. This Agreement and your use of the Website are governed by the laws of the country/state you reside in, excluding its conflict of laws rules. Your use of the Website may also be governed by other local, state, national or international laws. For any matter related to the interpretation or execution of this Agreement, the parties expressly refuse to submit to any courts that may have jurisdiction over the subject matter and agree to submit to the exclusive competence and jurisdiction of the authorized courts. You hereby unconditionally accept personal jurisdiction in such courts and waive any other protection.
5. OTHER TERMS THAT APPLY TO YOUR USE OF THE WEBSITE
5.2. If you have any questions, please contact us at [email protected]
5.3. FictionMe is a trading name owned by Bonimor Limited and is legally protected