Welcome to FicStory!

This agreement ("Agreement") is a contract between you and FicStory("FicStory", "Service", "us", "our", and "we") that regulates your use of the FicStory mobile application and internet services. By using the Services, you agree to be bound by the following Terms of Service ("Terms of Service"or “Agreement”), regardless of whether you register as a member ("Member"). We may alter this Agreement from time to time, and such modifications will take effect when we post them on the mobile application and website. We may send you updates on our modifications via email or through the mobile app or website. You agree to be bound by any modifications to this Agreement when you use the Service after they are posted. This Agreement outlines the Service's policy for acceptable use and content placed on the mobile application and website, as well as your rights, obligations, and restrictions when using the mobile application and website.

These Terms constitute a legally enforceable agreement between you and us. Please read them carefully. If you are under the age of 13, do not download or use our Services. We do not intentionally collect or maintain information from minors under the age of 13. Please be careful with the information you post on our Services and share to other Members. Nude, violent, or offensive photographs or writings may not appear in your Service profile. Other Service Members' information may contain erroneous, inappropriate, or objectionable items, products, or services, for which the Service has no responsibility or liability.

General

We reserve the right to change these Terms of Service at any time. We will notify you within the app. You are responsible for keeping yourself apprised of any such changes if you dismiss these notifications. If you object to any Terms of Service or any subsequent changes or you become dissatisfied with our Services in any way, your only option is to delete your account. Your continued use of our Services after we post revised Terms of Service means that you agree to the revisions. You must be at least 13 years old to download our Services. By requesting to use, or using our Services, you represent and warrant that you are not required to register as a sex offender with any government entity.

Our Services are free, but your Internet provider’s or mobile operator’s fees and rates may still apply.

Account

To create an account, you will need to give us with basic information, such as your account name and password.

You are completely responsible for keeping your account and password confidential, limiting access to your computer, and being held accountable for all activities that occur under your account. Please ensure that the information you submit to FicStory upon registration and at all other times is true, accurate, current, and complete to the best of your ability.

We may allow you to register for and access the Services through some third-party services. The third party service's privacy policy will govern the collection, use, and dissemination of your information. Our Privacy Policy provides more information on how FicStory collects, uses, and discloses your personal information when you link your FicStory account to your account on any third-party service.

We reserve the right to disable your user account at any time, including if you fail to comply with any of the provisions of these terms, or if activities occur on your account that, in our sole discretion, would or might damage or impair the Services, infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you no longer wish to use our Services and want your account erased, we can do so for you. Please contact us at help@ficstories.com. for more assistance and guidance through the process. If you opt to delete your account, you will be unable to reactivate it or retrieve any content or information you have added.

Information on how you use the services

We may gather information about your activities on the Services. This may include information about the pages and profiles you visit, how you use the Services, your coin balance, and purchases made through the Services. It may also include the various functions and features that you use, such as the connections you make, other friends or contacts you invite to the Services, profile searches you perform, how frequently you log in and from what/which platform you log in, your IP address and the number of profiles you have created, or your use of our applications. Read more about our Privacy Policy.

Use of the Services

Your access to and use of the Services is subject to these terms and all applicable laws and regulations. You agree that you will comply with these terms of Services and FicStory’s Community Guidelines and will not:

- create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access FicStory accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;

- defame, harass, abuse, threaten or defraud users of FicStory, or collect, or attempt to collect, personal information about users or third parties without their consent,

- remove, circumvent, disable, damage or otherwise interfere with security-related features of the the Services or User Content, features that prevent or restrict use or copying of any content accessible through the Services, features that enforce limitations on the use of the Services or User Content, or delete the copyright or other proprietary rights notices on the Services or User Content;

- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;

- modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

- nterfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

- manipulate identifiers in order to disguise the origin of any User Content transmitted through the Twitch Services;

- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

- attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;

- use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

FicStory takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is FicStory liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Services. Your use of the services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

FicStory is not liable for any statements or representations included in User Content. FicStory does not endorse any User Content, opinion, recommendation, or advice expressed therein, and FicStory expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, FicStory reserves the right to remove, screen or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these terms of Use of the Services or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these terms of Use of the Services and may result in, among other things, termination or suspension of your rights to use the Services.

User-Generated Content

FicStory may provide you with the ability to submit User-Generated Content to the Platform. By submitting User-Generated Content to the Platform, you grant FicStory a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Platform and any purpose related thereto, including without limitation, to reproduce, prepare derivative works, distribute copies, store, perform, display, and use any of the User-Generated Content. These purposes may include but are not limited to providing you or third parties with the Platform or its associated products and Services and archiving or making backups of the Platform. You agree to waive all rights in and to your User-Generated Content worldwide, whether you have or have not asserted rights in or to your User-Generated Content. By submitting User-Generated Content to the Platform, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.

You warrant that any User-Generated Content that you submit to the Platform will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. You acknowledge and agree that FicStory is not responsible or liable for User-Generated Content.

You agree to indemnify and hold FicStory harmless from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with FicStory’s use and exploitation of your User Generated Content resulting from your breach of these terms and conditions. You also agree to waive and not to enforce any moral rights, ancillary rights, or similar rights in or to the User-Generated Content against FicStory or FicStory’s licensees, distributors, agents, representatives, and other authorized users and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.

FicStory reserves the right to monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through the Platform, at any time and for any reason, including to ensure that the User-Generated Content conforms to these Terms, without prior notice to you. FicStory may terminate your account and access to the Platform if your User Generated Content violates these terms and conditions, including unlawful postings or content, without prior notice. FicStory is not responsible for and does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users.

FicStory reserves the right but has no obligation to remove any information or content that (i) in FicStory’s opinion violates, or may violate, any applicable law or these terms of use and incorporated policies; or (ii) upon the request of any third party that alleges that the User-Generated Content infringes the third party’s rights.

FicStory reserves the right but has no obligation to report to law enforcement any Personal Information or User-Generated Content at any time and for whatever reason, at its sole and absolute discretion.

Technical Requirements

The Licensor strives to maintain the Application up to date so that it is compatible with modified/new versions of the firmware and new hardware. You do not have the right to claim such an upgrade.

You recognize that it is your obligation to confirm and establish that the app end user device on which you intend to use the Application meets the technical standards listed above.

The Licensor reserves the right to modify the technical specifications as it sees fit at any time.

Virtual Items

You can only buy virtual tokens (“tokens”) and virtual credits (credits), send Gifts to others, receive Gifts with monetary value.

The price of the Tokens will be displayed at the point of purchase. All charges and payments for Tokens will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.

You will be responsible for the payment of any Tokens purchased by you. Once your purchase has been completed, your user account will be credited with Tokens. Tokens can be used to purchase Gifts. Tokens cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit. Tokens can only be used on FicStory and as part of our Services and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.

Except as otherwise set out in this Agreement, all sales of Tokens and Gifts are final, and we do not offer refunds for any purchased Tokens and Gifts. Tokens and Gifts cannot be converted into or exchanged for cash or be refunded or reimbursed by us for any reason.

Payment Terms

We accept major credit cards, some debit cards, and/or other payment options that we may make accessible to you from time to time through our website. You are subject to the terms and conditions of the payment method you select. By submitting an order through the Service, you authorize us or our chosen payment processor to charge the purchase amount to the account you select. All payments must be made in US dollars, unless other currencies are offered through FicStory's payment mechanisms.

Our payment processing partners may request that you provide certain personal information (for example, a valid government-issued ID, your legal name, address, and date of birth) in order to make a payment through their financial institutions and comply with applicable international, national, federal, state, and local laws and regulations. They may also contact you directly if there are any payment concerns.

If your online purchase was refused due to payment method issues, please double-check all of your information and resubmit your order. If the transaction is not approved online, please contact customer service using the email address provided with the purchase. For purchases made using the Service, please contact help@ficstories.com..

Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Megocmap. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).

Subscriptions

You may purchase different subscription packages, in one-month packets. For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. IThis is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.

If you purchase a subscription packet with an introductory price, at renewal you will be charged with the original price which will be higher. If you have already used a free trial, you can not use it again and you will be charged the full price.

Both Apple and Google may facilitate “50% OFF” of subscription products for first-time users, and we take advantage of that ability. For example, from time to time we offer a free initial week to our first-time VIP subscribers. Eligibility for any such trial is limited to users who have not previously subscribed to our VIP subscription, through either a current or prior Joi account. If you are a previous subscription subscriber and try to claim a discount, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a discount, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for our Services.

Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value.

Infringement of Rights

DMCA Compliance and Notification Procedure. We adhere to the Digital Millennium Copyright Act ("DMCA"), which is applicable to internet service providers, as outlined in 17 U.S.C. §512, as amended. If you have a complaint regarding content on our Service that you believe infringes upon your intellectual property rights, you may submit a notification to our Designated Copyright Agent at the following coordinates:

Music Note Entertainment Technology Limited

Legal Department (Copyright Notification)

Rm C 13/F HARVARD COML BLDG 105-111 THOMSON RD Wan Chai Hong Kong.

Email Address: help@ficstories.com.

Your notification of claimed infringement must include the following elements:

- A signature, in electronic or physical form, of the individual who is authorized to represent the owner of the copyright or other intellectual property right that is allegedly being infringed.

- A detailed description of the copyrighted work or intellectual property right that you claim has been infringed. A precise description of the material you believe is infringing, and the location where it is hosted on our Service.

- Your full contact information, including your address, telephone number, and email address.

- A statement that you have a reasonable belief that the use of the material on our Service is not authorized by the copyright owner, its agent, or the law.

- A declaration that the information in your notification is accurate, and under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf.

Policy on Repeat Infringers. FicStory will swiftly and without prior notice terminate the accounts of users identified by FicStory as "Repeat Infringers." A Repeat Infringer is defined as a user who has received notifications of infringement or has had user-generated content removed from the Service on more than one occasion.

Safety

We strive to maintain a secure and welcoming environment for all users of our platform, and we ask for your cooperation in this effort. By utilizing our Services, you are making the following commitments:

Legal and Terms Compliance: You will refrain from engaging in any activities through the Services that are unlawful or not allowed as per these Terms.

Prohibition of Automated Access: You will not employ automated tools such as robots, spiders, crawlers, scrapers, or any other similar mechanisms to access or scrape the Services or to obtain user information.

Third-Party Application Consent: You will neither use nor create third-party applications that interact with the Services or other users' content without our explicit written approval.

Non-Interference and Non-Disruption: You will not take actions that could interfere with, disrupt, or diminish the Services' availability or quality for other users, or that could potentially damage or undermine the functionality of the Services.

Unauthorized Use Prohibition: You will not use another user's account credentials, username, or password without their explicit consent.

No Credential Solicitation: You will not request or solicit another user's login information.

Appropriate Content: You will not post or share content that is pornographic, excessively violent, threatening, discriminatory, or incites violence, including images of weapons or related materials.

Security Integrity: You will not upload harmful software or engage in activities that could compromise the security of the Services.

Content Filtering and Access: You will not attempt to bypass our content filtering systems or access areas of the Services that are restricted or not intended for your use.

System and Network Integrity: You will not conduct activities aimed at probing, scanning, or testing the security vulnerabilities of our Services or any associated systems or networks.

Promotion of Acceptable Conduct: You will not encourage or facilitate any activities that would breach these Terms.

By adhering to these commitments, you help to ensure a positive and secure experience for yourself and all other users of the Services.

Intellectual Property Rights.

FicStory owns all content, data, photos, graphics, audio and/or video information, and other materials contained in its Services, which are protected by copyright, trademark, and/or other property rights laws. Nothing in this Agreement shall be considered as FicStory granting you a license to any intellectual property rights or materials.

By using and/or uploading any live stream content or other content through a FicStory Services to publicly accessible areas of the FicStory website, you grant FicStory and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive, and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivative works.

Legal Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to choose of law principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.

Terminating Services

To the fullest extent permitted by applicable law, FicStory reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content), and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (a) your use of the Services violates this Agreement or applicable law; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing. This includes the ability to cancel or stop your access to any purchased products or services. To the fullest extent permitted by applicable law, your sole remedy for any dissatisfaction with (i) the Services, (ii) any term of these terms of service, (iii) any policy or practice of FicStory in operating the Services, or (iv) any content or information transmitted through the Services is to terminate your account and discontinue use of all aspects of the Services.

Disclaimers

We do not accept liability for any inaccuracies or errors in the content available on our mobile application, website, or in relation to the services we provide. This includes content posted by users or members, as well as any issues arising from the use of our equipment or software. We are also not accountable for the behavior of users or members, whether their actions take place online or offline.

We are not responsible for any technical issues such as errors, omissions, interruptions, deletions, defects, delays in operation or transmission, or failures in communication lines. We are not liable for theft, destruction, or unauthorized access to, or alteration of, any user or member's communications. Additionally, we are not responsible for any technical malfunctions related to telephone networks, online systems, wireless devices, servers, providers, computer equipment, or software. This includes issues due to internet traffic congestion or any damages or injuries to users, members, or any person's computer that may occur from participation in or downloading materials related to our mobile application, website, or services.

We are not responsible for any loss or damage, including personal injury or death, that may result from using our mobile application, website, or services, or from any content posted on these platforms or transmitted to members, or from any interactions between users, whether these interactions occur online or offline. The mobile application, website, and services are provided on an "as is" basis, without any warranty of merchantability or fitness for a particular purpose. We do not guarantee any specific outcomes from using our mobile application, website, or services.

Furthermore, we do not endorse or take responsibility for third-party advertisements that appear on our platform, nor do we vouch for the goods or services provided by these advertisers.

Miscellaneous

If any of the conditions of this agreement are or become invalid, the validity of the other sections is not affected. Invalid terms will be substituted by legitimate ones worded in a way that achieves the primary goal.

Collateral agreements, revisions, and adjustments are only valid if documented in writing. The preceding clause may only be waived in writing.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Additional Terms for Specific Services

Given our services' breadth, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

Final Terms

These Terms make up the entire agreement between you and FicStory and supersede any prior agreements.

These Terms do not create or confer any third-party beneficiary rights.

If we do not enforce a provision in these Terms, it will not be considered a waiver.

We reserve all rights not expressly granted to you.

You may not transfer any of your rights or obligations under these Terms without our consent.

These Terms were written in English and to the extent the translated version of these Terms conflicts with the English version, the English version will control.

Contact Us

We welcomes comments, questions, concerns, or suggestions. Please send feedback to help@ficstories.com.