Terms of Use



Intro

These Terms of Use (“Terms”) state the terms and conditions under which you may use FICTION VORTEX’s mobile application, FICTIONITE, in all its versions (see splash page: http://fictionite.io). FICTION VORTEX is a corporation organized under the laws of Idaho and located at 1224 1st Street, Suite 103, Nampa, ID 83651. Please read these Terms of Use carefully along with Fiction Vortex’s Privacy Policy found at https://policies.fictionvortex.com. Children using this site are protected by our compliance with various regulations that govern best practices for securing privacy for children using websites.


By using FICTIONITE, you agree to these Terms. If you do not agree to these Terms, do not access or use FICTIONITE.

Please note that the Terms are subject to change by FICTION VORTEX in its sole discretion at any time. When changes are made, FICTION VORTEX will make a new copy of the Terms available via FICTIONITE. If you use FICTIONITE after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms.

Please note also that disputes arising under these Terms may be resolved only through individual binding arbitration.

1. Scope of Services

1.1 The services provided to you through FICTIONITE are intended solely for your personal, non-commercial use.

2. Acceptable Use

2.1 As a condition of use, you agree not to use (and not to cause or permit any third party to use) FICTIONITE for any purpose that is prohibited by the Terms or by applicable law.

2.2 You agree that you will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on FICTIONITE. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, FICTION VORTEX reserves the right to terminate your access to and use of FICTIONITE.

2.3 You agree that you will not impersonate any other person or entity, whether actual or fictitious, when using FICTIONITE. Nor will you use or access any portion of FICTIONITE for which your use or access is not authorized.

2.4 You agree that you will not use FICTIONITE to upload, transmit, or otherwise make available any information that:

(a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or

(e) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

2.5 Further, you agree to our CONTENT POLICY found here https://policies.fictionvortex.com, which is hereby incorporated by reference into these Terms.


3. Termination of Use

FICTION VORTEX reserves the right to immediately terminate your access to or use of FICTIONITE, and to block future access or use if you fail to comply with any provision of these Terms.

4. Grant of License

4.1 You understand and agree that FICTIONITE is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. Unless expressly stated herein, nothing in these Terms shall be construed as conferring any license to FICTION VORTEX’s intellectual property rights, whether by estoppel, implication, or otherwise..

4.2 You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use FICTIONITE conditioned on your continued acceptance of, and compliance with, these Terms.

4.3 Except as otherwise stated in these Terms, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), FICTIONITE or any information therein, or any portion thereof.

4.3 You may download, copy or embed information and other downloadable items displayed on FICTIONITE for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any such information or items for other than personal use is expressly prohibited.

5. Click-through Agreements

Before using or accessing certain areas of FICTIONITE you may be asked to accept additional terms and conditions by clicking a button marked "I Accept," "I Agree," "Okay," or other words or actions that similarly acknowledge your consent or acceptance of a Click-through Agreement. To the extent there is a conflict between these Terms and any Click-through Agreement for the activity in which you choose to participate, the Click-through Agreement will govern.

6. Usernames, Passwords, and Subscriptions

6.1 Certain features and areas of FICTIONITE are available only with a registered username and password. If you register with a unique username and password, please note that this information is personal to you and you may not allow any third party to use it under any circumstances.

6.2 You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You agree to promptly notify FICTION VORTEX of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account.

6.3 FICTION VORTEX is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your username and password.

6.4. Unless otherwise provided for, consuming content or providing content is free for you. From time to time we may offer subscriptions or additional benefits which may require additional accurate, complete, and current information as well as payment to have access to these benefits. You agree to only and accurately represent yourself, not anyone else, and you hereby authorize us to verify that the information you provide is accurate. If you are signing up on behalf of another person as the parent or guardian for free use or paid subscription benefits you must also include your personal information so we can adequately identify your child(ren) who are participating with your authorization.

6.5 As of November 1st, 2017, FICTION VORTEX is offering a “Parent Subscription”. The Parent Subscription recurs monthly and can be cancelled at any time. It is currently priced at $4.99/mo in the US store. The subscription will continue until cancelled. Payment will be charged to the iTunes Account at confirmation of purchase following a free trial period of 30 days. Account will be charged $4.99 for renewal within 24 hours prior to the end of the current period, and each hereafter until cancelled. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. The Parent Subscription includes: (1) Option to add up to 5 additional profiles for tracking individual readers. (2) Insights into each additional (child) user profile which includes an estimate of Minutes Read (time spent actively reading), Reading Speed (words per minute), Reading Level (grade level), and Seasons Completed. (3) Ability to filter which content is made available by individual additional (child) profile. (4) Ability to customize each additional (child) profile by unique avatar, preferred reading genres, favorite tag words, and security PIN.


7. Privacy Policy

For information about the FICTION VORTEX’s collection, use, and protection of your personal information, please consult FICTION VORTEX’s Privacy Policy [LINK], which is hereby incorporated by reference into these Terms.

8. User Content

8.1 You understand and agree that you (and not FICTION VORTEX) are entirely responsible for all information, data, and/or other content that you upload, transmit, or otherwise make available through FICTIONITE. You also understand and agree that other users of FICTIONITE (and not FICTION VORTEX) are similarly responsible for all information, data, and/or other content that they upload, transmit, or otherwise make available through FICTIONITE.

8.2 You understand and agree that FICTION VORTEX has no obligation to pre-screen content that you or other parties upload, transmit, or otherwise make available through FICTIONITE, although FICTION VORTEX reserves the right in its sole discretion to pre-screen, refuse, or remove any such content, and shall have the right to remove any such content that violates these Terms or is otherwise objectionable. By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring.

8.3 FICTION VORTEX has no obligation to store any information, data, and/or other content that you upload, transmit, or otherwise make available through FICTIONITE. FICTION VORTEX has no responsibility or liability for the deletion or accuracy of any such content; or for the failure to store, transmit, or receive such content; or for the security, privacy, storage, or transmission of other communications originating with or involving use of FICTIONITE.




9. Third-Party Websites, Services, and Content.

FICTIONITE may feature or link to materials, information, products, and services provided by third parties (“third party content”). Any such third party content made available by third parties to visitors to and users of FICTIONITE is that of the respective third party and not of FICTION VORTEX. FICTION VORTEX makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party content. FICTION VORTEX does not endorse or approve of any such third party content or such third parties. If you decide to access linked third party websites, you do so at your own risk.




10. Transfer and Data Processing

By accessing or using FICTIONITE, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

FICTION VORTEX makes no claims regarding access to or use of FICTIONITE outside of the United States. If you use or access FICTIONITE outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.




11. Disclaimers

11.1 YOU UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION ON AND SERVICES PROVIDED BY FICTIONITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

11.2 FICTION VORTEX AND ITS PARTNERS, AFFILIATES, EMPLOYEES, AND AGENTS (“FICTION VORTEX PARTIES”) DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED TERMS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 The total liability of FICTION VORTEX for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $100. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of FICTION VORTEX or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

12.3 To the fullest extent permitted by applicable law, you release FICTION VORTEX from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.




13. Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless FICTION VORTEX Parties from and against all claims arising from or in any way related to your use of FICTIONITE, or a violation by you of these Terms, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. FICTION VORTEX will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations, except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to FICTION VORTEX Parties.




14. Dispute Resolution

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with FICTION VORTEX and limits the manner in which you can seek relief from us.

14.1 Except for small claims disputes in which you or FICTION VORTEX seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or FICTION VORTEX seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and FICTION VORTEX waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or FICTIONITE resolved in court. Instead, you understand and agree that any claim or dispute arising out of or relating to your access to or use of FICTIONITE shall be referred to and finally determined by binding and confidential arbitration in accordance with this section 14 of these Terms (except as otherwise provided herein).

14.2 Arbitration under this section shall be subject to the Federal Arbitration Act and not to any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA“). Unless otherwise agreed upon by the parties in writing, or modified by these Terms, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at www.adr.org/consumer.

14.3 Notwithstanding the foregoing, FICTION VORTEX may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

14.4 You and FICTION VORTEX agree that any dispute arising out of or related to these Terms or FICTIONITE is personal to you and FICTION VORTEX and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Any claim or controversy as to the enforceability of this provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the state or federal courts located in Boise, Idaho.

14.5 In the arbitration, each side shall pay its own attorneys’ fees and expenses. If there is a statutory provision that requires the prevailing party to be paid its fees and expenses, then in such instance, the fees and costs awarded shall be determined by applicable law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, FICTION VORTEX will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. FICTION VORTEX also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration.

14.6 The arbitrator shall recognize, respect, and honor all claims of privilege and privacy recognized by applicable law. The arbitration shall be confidential, and neither you nor FICTION VORTEX may disclose the existence, content, or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award.

14.7 The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control.

14.8 If any part of this arbitration provision is deemed to be unenforceable, illegal, or otherwise invalid, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable, illegal, or otherwise invalid provision were not contained herein.




15. Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Idaho and the laws of the United States, without giving effect to any conflict of law principles.




16. Waiver

The failure of FICTION VORTEX to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision or of any other right or provision.



17. Severability

If any provision of these Terms is held to be unenforceable, illegal, or otherwise invalid by a court of competent jurisdiction, or for any reason, the other provisions of these Terms will remain enforceable, and the unenforceable, illegal, or otherwise invalid provision will be enforced to the fullest allowable extent of the law.

18. Survival

Those provisions of these Terms that, by their nature, should survive the termination of these Terms shall survive such termination.

19. Miscellaneous

These Terms, together with any revisions by FICTION VORTEX, additional terms incorporated by FICTION VORTEX by reference, and any Click-through Agreement, constitute the entire agreement between you and FICTION VORTEX relating to FICTIONITE and its use by you, and supersede any previous written or oral communications.

These Terms constitute the entire agreement between you and FICTION VORTEX relating to your access to and use of FICTIONITE. The failure of FICTION VORTEX to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

20. Claims of Copyright Infringement

Notices of claimed copyright infringement and counter notices must be sent to the following email address: policy@fictionvortex.com

These notices must include the required information in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). We are only able to accept notices in the languages into which these Terms are made available by us.