Your use of our website www.fictionist.studio (“Website”) is governed by these terms and conditions (“Terms of Use”). Our Website is operated and owned by Fictionist Studio (Registration No. 002300169-W) (“Fictionist” or “our”).

By accessing and browsing our Website, you agree to be bound by this Terms of Use, the Sales Terms and our Privacy Notice (collectively, the “Agreements”). Fictionist recognises that certain terms and conditions in the Agreements may only be applicable to certain portions of the Website and as such, should there be any conflict or inconsistency with any of the Agreements, for the purposes of your general use of and access to our Website, this Terms of Use shall take precedence over the provisions of the other Agreements.

If you do not agree with any terms in the Agreements, you must refrain from using and/or accessing our Website immediately.

Fictionist reserves the right, at its sole and absolute discretion to revise, update, change, modify, amend, add to, supplement or delete any terms of this Terms of Use at any time and for any reason. Such changes shall be effective with or without prior notice to you.

You shall be responsible for checking this Terms of Use periodically for changes and shall be responsible for complying with the updated terms of this Terms of Use. Your continued use and access of the Website after any revision to this Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes.

If any future changes to this Terms of Use shall be unacceptable to you or shall cause you to no longer be in agreement with this Terms of Use, you must refrain from using and/or accessing our Website immediately.

You agree to use the Website only for lawful purposes and in accordance with this Terms of Use and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Website.

You confirm that you shall not access without authority, interfere with, damage or disrupt:

3.2.1 any part of our Website;

3.2.2 any equipment or network on which our Website is stored;

3.2.3 any software used in the provision of our Website; or

3.2.4 any equipment or network or software owned or used by any third party.

All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to the Website and all text, graphics, photographs, forms, diagrams and other materials published on the Website (“Content”) shall at all times remain the property of Fictionist. Such Content are protected by copyright, trade mark and/or other intellectual property laws, unless where expressly indicated to the contrary.

You agree and acknowledge that you shall not copy, reproduce, republish, upload, download, post, transmit, sell, store, modify, alter or display in public or distribute in any way the Content or any part of the Website for any purposes without Fictionist’s prior written permission.

You further agree and acknowledge that the Website and its Content is designed and presented by Fictionist in a format, layout, interface and appearance that is unique to Fictionist (“Fictionist’s Look and Feel”). Fictionist’s Look and Feel is protected by copyrights, trademarks and/or other applicable intellectual property laws.

Fictionist reserves all rights in its names, service marks, logos, trade names, trademarks, Website and domain names (collectively, “Marks”). You are prohibited from using the same without the written permissions of Fictionist. No right or licence is given to any party accessing this Website to use or reproduce in any manner any such Marks and Fictionist will not hesitate to enforce its rights against such party.

Unless otherwise set forth in a written agreement between you and Fictionist, you must adhere to Fictionist’s linking policy as follows:

(a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Fictionist’s name and trademarks;

(b) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with Fictionist;

(c) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking website; and

(d) Fictionist reserves the right to revoke any consent to the link at any time and in Fictionist’s sole discretion.

Fictionist makes no warranty, representation or guarantee:

(a) as to the Website’s conformity, accuracy, completeness, reliability or security;

(b) as to the Website’s suitability and functionality for a particular use;

(c) as to your satisfaction with respect to the Website;

(d) as to any information offered or provided within or through the Website;

(e) that the Website may be relied upon for any reason;

(f) that the use of the Website shall be uninterrupted or error free;

(g) that defects in the Website shall be corrected; or

(h) that the Website is free of viruses or other harmful components.

Further, your use of the Website is at your own risk. Fictionist does not warrant that the Website shall meet your specific requirements. To the extent that Fictionist may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty shall be the minimum permitted under such law.

Fictionist shall not be liable for any loss or damage (to the extent capable of being excluded by the applicable law), whether direct, indirect, special, consequential, incidental or punitive or for any expense of any nature whatsoever, which may be suffered by you, which arises directly or indirectly upon reliance of or arising howsoever out of access to or use of the Website and/or its content. This applies even if Fictionist knew or should have known about the possibility of the damages.

In no event shall Fictionist be liable in connection with the terms and provisions of this Terms of Use for any damages caused by:

(a) any computer and/or mobile phone virus or other damage caused by malware or hackers;

(b) any malfunction or failure of Fictionist’s or your software, system, hardware or connectivity;

(c) improper or unauthorised use of the Website;

(d) your use of the Website in breach of the Agreements; or

(e) any reason beyond Fictionist’s reasonable control, foreseeability or predictability.

You agree to indemnify and hold harmless Fictionist and keep Fictionist fully indemnified and held harmless form and against all actions, claims, damage, loss, costs, expenses (including reasonable solicitors’ costs) arising out of or in relation to any breach of the Agreements, which arises from your access to or use of the Website.

Our Website is available in the English Language only. Notwithstanding, Fictionist acknowledges that some content within the Website may be supplemented with or translated to another language (e.g. Bahasa Malaysia, Mandarin) from time to time. As such, please note that the English version of any content of the Website shall at all times prevail in the event of any inconsistency. Fictionist disclaims any and all liability howsoever arising from or in respect of any use or misuse of or reliance on any such translated contents.

Fictionist reserves the right to seek any and all remedies available to it at law or in equity for any violation of this Terms of Use, including but not limited to, the right to block anyone who violates this Terms of Use.

Fictionist also reserves the right to deny you access to the Website in whole or in part at any time in the event of any non-compliance with this Terms of Use or due to your infringement of rights of Fictionist in the Website or in any part of the Content or any third parties’ rights.

This Terms of Use shall be governed by and construed under and pursuant to the laws of Malaysia. The parties hereto agree to submit to the exclusive jurisdiction of the courts of Malaysia.

This Terms of Use constitutes the entire understanding between Fictionist and you with respect to your use of the Website and other matter contemplated herein and supersedes all oral or written proposals and all communications between the parties relating to its subject matter.

If any term, clause or provision of this Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, including without limitation, by reason of provisions of any legislation or by reason of any decision of any court or other body having jurisdiction over parties in this Terms of Use, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to have been modified, to the extent necessary to make it valid and enforceable or, if such term, clause or provision cannot be modified, it shall be deemed deleted from this Terms of Use.

If you have any questions, concerns or queries regarding the Agreements, please do not hesitate to contact us. Our details are as follows:

Fictionist Studio | Email: hellofictionist@gmail.com

No Waiver. No failure or delay by Fictionist to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other remedy. Waiver of a right or remedy may be considered to have taken place only after signing a written statement to this effect by Fictionist.

Personal Data. For specific information related to processing of any personal data, please refer to Fictionist’s Privacy Notice.

Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration, termination or fulfillment of this Agreement, including without limitation, Clauses 6, 7, 8, 11 and 14.3, indefinitely.

Interpretation. In this Terms of Use, unless the context otherwise requires:

14.4.1 headings and underlinings are for convenience only and do not affect the interpretation of this Terms of Use;

14.4.2 words importing the singular include the plural and vice versa;

14.4.3 a reference to a clause or parties is a reference to a clause of and parties to this Terms of Use; and

14.4.4 the word “including” shall be understood as meaning “including without limitation”.

Version: 1.0

Last Updated: 8 Dec 2021