1. Acceptance of Terms
A. By using and/or visiting this website (collectively, including all content available through the FictionPress.com domain name and any country-specific domains or subdomains thereof, the "FictionPress.com Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) FictionPress.com's privacy notice, found at http://www.FictionPress.com/privacy/ and incorporated here by reference, and (3) FictionPress.com's Community Guidelines, found at http://www.FictionPress.com/guidelines/ and also incorporated here by reference ("Agreement"). If you do not agree to any of these terms, the FictionPress.com privacy notice, or the Community Guidelines, please do not use the FictionPress.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.FictionPress.com/tos/). FictionPress.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the FictionPress.com Website, including users who are also contributors of text content, information, and other materials or services on the Website.
B. The FictionPress.com Website may contain links to third party websites that are not owned or controlled by FictionPress.com. FictionPress.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FictionPress.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve FictionPress.com from any and all liability arising from your use of any third-party website.
A. In order to access some features of the Website, you will have to create a FictionPress.com account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FictionPress.com immediately of any breach of security or unauthorized use of your account.
B. Although FictionPress.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FictionPress.com or others due to such unauthorized use.
4. General Use of the Website
FictionPress.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without FictionPress.com's prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or FictionPress.com Content through any technology or means other than the Website itself.
D. You agree not to use the Website for any commercial use, without the prior written authorization of FictionPress.com. Prohibited commercial uses include any of the following actions taken without FictionPress.com's express approval:
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the FictionPress.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FictionPress.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FictionPress.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, FictionPress.com Community Guidelines, and all applicable local, national, and international laws and regulations.
G. FictionPress.com reserves the right to discontinue any aspect of the FictionPress.com Website at any time.
5. Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the FictionPress.com Website.
A. The content on the FictionPress.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FictionPress.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FictionPress.com reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
C. You may access FictionPress.com Content, User Submissions and other content only as permitted under this Agreement. FictionPress.com reserves all rights not expressly granted in and to the FictionPress.com Content and the FictionPress.com Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the FictionPress.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the FictionPress.com Website or the Content therein.
F. You understand that when using the FictionPress.com Website, you will be exposed to User Submissions from a variety of sources, and that FictionPress.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FictionPress.com with respect thereto, and agree to indemnify and hold FictionPress.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. User Submissions and Conduct
A. As a FictionPress.com account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls, profile images, forum messages or instant messages. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, FictionPress.com does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize FictionPress.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to FictionPress.com, you hereby grant FictionPress.com a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the FictionPress.com Website. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the FictionPress.com Website a non-exclusive license to access your User Submissions through the Website. You understand and agree, however, that FictionPress.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant FictionPress.com all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the FictionPress.com Community Guidelines, found at http://www.FictionPress.com/guidelines/, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. FictionPress.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FictionPress.com expressly disclaims any and all liability in connection with User Submissions. FictionPress.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FictionPress.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. FictionPress.com reserves the right to remove Content and User Submissions without prior notice.
7. Account Termination Policy
A. FictionPress.com will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be an infringer.
B. FictionPress.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. FictionPress.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Copyright Policy
As part of FictionPress.com's copyright policy, FictionPress.com may terminate user access to the Website if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
Make sure you know whether the content that you have seen on FictionPress.com infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
9. Warranty and Condition Disclaimer
YOU AGREE THAT YOUR USE OF THE FictionPress.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FictionPress.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. FictionPress.com MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FictionPress.com WEBSITE. FictionPress.com EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. FictionPress.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FictionPress.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FictionPress.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
10. Limitation of Liability
IN NO EVENT SHALL FictionPress.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FictionPress.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FictionPress.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website operated by FictionPress.com from its facilities in the United States of America. FictionPress.com makes no representations that the FictionPress.com Website is appropriate or available for use in other locations. Those who access or use the FictionPress.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless FictionPress.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the FictionPress.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the FictionPress.com Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the FictionPress.com Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FictionPress.com without restriction.
You agree that: (i) the FictionPress.com Website shall be deemed solely based in California; and (ii) the FictionPress.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over FictionPress.com, either specific or general, in jurisdictions other than California. Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and FictionPress.com that arises in whole or in part from the FictionPress.com Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at http://www.FictionPress.com/privacy/ and any other legal notices published by FictionPress.com on the Website, shall constitute the entire agreement between you and FictionPress.com concerning the FictionPress.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FictionPress.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FictionPress.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the FictionPress.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND FictionPress.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FictionPress.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated March 5, 2009