Terms & Conditions

For your protection and ours, we have some terms and conditions that apply in order for you to use Fictionary.co. If you have questions, send us an email at [email protected] Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://app.fictionary.co website (“Website”) or any related applications or software (the “Service”) operated by Feedback Innovations Inc. (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Content

Our Service allows you to import and edit your manuscript (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness and non-infringement of third party intellectual property and other rights.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) that the Content you post does not violate any United States, Canadian or local law. We reserve the right to terminate the account of anyone found to be infringing on a copyright or posting illegal content.

You retain any and all of your rights to any Content you import to the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, all Content posted on the Service remains that of the original copyright holders or owners, including original content that you create, which remains yours.

Feedback Innovations Inc. respects the users’ privacy. We will not distribute, modify, transmit, reuse, download, repost, copy, or use Content created by you, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from you. However, the Service’s development team has the right but not the obligation to review Content at any time, without permission or prior notice, for reasons including but not limited to technical support, maintaining the site, and other reasons having to do with maintenance and upkeep of the Service.

Certain content on the Service (content created by Us, including but not limited to templates, marketing copy, icons, and pre-populated text and images) is the property of Feedback Innovations Inc. or has been used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

If you import a novel, You are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content does not contain threats or incite violence, and does not violate the intellectual property, privacy or publicity rights of any third party;

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

You may not do any of the following while accessing the Website or using the Services:
Contravene any applicable laws relating to acceptable online conduct, behavior and content usage;

  • Engage in any illegal, offensive or unauthorized conduct including withot limitation:
    • Hacking, accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our providers and partners;
    • Promoting bigotry, threaten, discriminate against or impersonate other users (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise);
    • Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
    • Interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
    • Removing or modifying any copyright, trade mark or other proprietary notice on the Website.
  • Use automated devices (such as robots and spiders) to scrape or index the Website or its Content;
  • Record or mine information about other users of the Website and Services;

 

You agree to indemnify us for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service, resulting in claims against us by other users or third parties.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing, or promotional materials and other information we may send. However, you may opt out of receiving any, or all, marketing or advertising communications from us by following the unsubscribe link or instructions provided in any email we send. It is not possible unsubscribe from billing and account-related emails.

Subscriptions

You are not required to enter a credit card before or while using a free trial. A few days before the free trial ends you will be prompted to subscribe to the Service on a monthly or yearly basis.

 

The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

 

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Feedback Innovations cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting [email protected]fictionary.co.

 

A valid payment method (credit card) is required to process the payment for your Subscription. You shall provide Feedback Innovations Inc. with accurate and complete billing information including full name, address, state/province, zip code/area code, and a valid payment method information. By submitting such payment information, you automatically authorize Feedback Innovations Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

 

Should automatic billing fail to occur for any reason, Feedback Innovations Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Feedback Innovations Inc. in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Feedback Innovations Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

If you think you need a refund, send us an email at [email protected]. Issuance of refunds are at our sole discretion.

Accounts

When you create an account with us, you guarantee that you are of legal age to use a credit card, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.  You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

If you import a manuscript into Fictionary, you are responsible for maintaining the security of your account and manuscript, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the manuscript. You must immediately notify us of any unauthorized uses of your manuscript, your account, or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Account Restrictions:

  1. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  2. You may import one manuscript at a time. If you want to import a second manuscript, you must use the reimport command, and you will lose the data from the existing manuscript.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Feedback Innovations Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States, Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Feedback Innovations Inc. You will not access our Service for the purpose of creating any works that are copies or derivatives of our Services. Any feedback, comments, or suggestions you may provide regarding the Website and Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you

If you delete Content, Feedback Innovations Inc. will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may do so by going to your Account page and following the instructions to cancel your account subscription.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Feedback Innovations Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Feedback Innovations Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, loss of business, loss of data, use, goodwill, or other intangible losses, as well as losses or damage to computer equipment of any kind, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any alterations that you may make to your Content in reliance on recommendations from the Service; (any claims that your Content may infringe the intellectual rights of a third party, including without limitation where you made amendments to your Content through the Service; (iii) any conduct or content of any third party on the Service; (iv) any content obtained from the Service; (v) computer viruses or other malicious or damaging software; and (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

You further acknowledge and agree that we have taken every reasonable measure to safeguard the privacy of your data as described in the “Content” section above, and hence that all similarity, perceived or real, between Content you post on the Service and future creative or intellectual works of any kind published or sold by Feedback Innovations Inc., or its directors, employees, partners, agents, suppliers, customers, subscribers or affiliates is purely coincidental. You agree to hold us harmless and not to hold us liable for any losses, damages or liabilities of any kind believed to result from said similarity.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon.  We will not be responsible or liable for any harm to you or your computer system, loss of data, or other harm that results from your access to or use of the Website, Services, or any Content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website and Services (including without limitation any failure to store or any  corruption of your Content as stored or processed through the Services). We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Website or Services, will create any warranty not expressly made herein.

Feedback Innovations Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Victoria, British Columbia, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect through a notice published on the Website. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]