Version: 1.0 Last updated: 8 Dec 2021
Please read the following Terms and Conditions carefully so that you are aware of your rights and obligations.
If you do not agree with any terms in the Agreements, you must refrain from using and/or accessing our Website immediately.
Modification of Terms
Use 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.
Links to our Website
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.
Disclaimer of Warranties
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.
Limitation of Liability
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.
(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.
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: email@example.com
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.
14.4.2 words importing the singular include the plural and vice versa;
14.4.4 the word “including” shall be understood as meaning “including without limitation”.
Last Updated: 8 Dec 2021