Terms and Conditions
These Terms and Conditions (the “T&Cs”) shall apply to the registration of users and subsequent use of the Mythrill Fiction mobile application services (the “Service”) offered by Forge Fiction, Inc. (“We”, “us” or “Mythrill Fiction”). These T&Cs constitute an Agreement between you (“You” or the “User”) and Mythrill Fiction when you register and make use of the Service. The User and Mythrill Fiction shall collectively be referred to as the “Parties” and individually as the “Party”.
These T&Cs and PP, along with any other policy documents that may be issued by Mythrill Fiction from time to time, shall be applicable to the Services (hereinafter collectively referred to as the “Additional Terms and Conditions”) and constitute the complete and exclusive statement of the agreement (the “Agreement”) of both the Parties with respect to the subject matter of this Agreement, and supersede all prior oral and written commitments, understandings, and communications between the Parties regarding such matter. Mythrill Fiction may, at its sole discretion, amend the Agreement, from time to time, by displaying the revised version(s) of the same on the Site and/or Mythrill Fiction App, giving the User a minimum of 10 days advance notice before such revisions come into effect. Any continued use of the Mythrill Fiction App(s) and/or Services by the User after the revised Agreement have come into effect shall be deemed as the User's consent to such revised Agreement. In the event of a conflict between these T&Cs and the Additional Terms and Conditions, these T & Cs will control unless the Additional Terms and Conditions explicitly state that they control.
Section I: Definitions
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, is controlled by, or under common control with Mythrill Fiction.
“Author” means a person (whether a natural person or a legal person) who is the legal owner or valid license holder of the Intellectual Property Rights of the Content posted by that person on the Mythrill Fiction App and/or Site, to offer for potential sale of Content Licenses against such Content to Users, through the Services only. For the purposes of absolute clarity, Mythrill Fiction App shall retain exclusive rights to further license the Intellectual Property Rights of the Author’s Content, to the exclusion of the Author, but subject to the Author’s consent.
“Charges” means the payment due from the User to Mythrill Fiction for the purchase of Content Licenses and/or any other Services under a Purchase Order.
“Content” means any original fictional literary works (or any part thereof) of which the Author is the legal owner of the Intellectual Property Rights of, that the Author has posted on the Locations, for the purpose of selling Content Licenses to other Users of the Mythrill Fiction App, Site and/or Service, using the Mythrill Fiction App and/or Site to execute such sale.
“Content License” means a limited, revocable, non-transferrable, non-exclusive license to access and read the corresponding Content, as posted on the Mythrill Fiction App and/or Site, with no right to further sub-license nor copy nor distribute such Content, which license the User may purchase and the Author may sell through the Services only to other Users, against the Charges specified in the Purchase Order.
“Current Version” means a version of the software that is currently being supported by its publisher.
“Fee” means the payment due to Mythrill Fiction for provision of the Services, and use of the Mythrill Fiction App and Site, from the Users, which shall be deducted by Mythrill Fiction from all Charges paid by a User pursuant to execution of a Purchase Order, before forwarding the balance to the relevant Author.
“Intellectual Property Rights” means any and all patents, trademarks, domain names, website designs and layouts, service marks, trade names, registered designs, copyrights, database rights, design rights, service marks, business names, logos, trade secrets, technical and commercial know-how, whether registered or otherwise, and all and any other similar type of proprietary rights, whether it can be registered or not;
“Payment Method” means any valid payment method acceptable to the App Store for iOS Users and/or Google Play Store for Android Users, as may be amended from time to time in App Store and Google Play Store’s respective discretion.
“Purchase Order” means a contract for sale and purchase of a Content License formed and executed between a User and an Author, using the Mythrill Fiction App and/or Site, which shall specify the Content, the terms and duration of the Content License, Charges to be paid, and date and time of purchase by the User.
“Substantial Change” means a change to the terms of the T&Cs that reduces the User’s rights or increases the User’s responsibilities.
“Services” means any and all services agreed upon, performed for or delivered to Users through the Mythrill Fiction App(s), including without limitation, use of the Mythrill Fiction App and Site features and functions, and purchasing and utilizing any valid Content Licenses.
“Mythrill Fiction App” shall have the meaning ascribed to the term in the Preamble hereinabove, which shall enable Authors to post Content and issue Content Licenses, and shall enable the User to browse Content synopses/previews, purchase Content Licenses (and access the corresponding Content to utilized such purchased Content Licenses), interact with other Users, and post User Content as well.
“Mythrill Fiction Team Software” means the online platform accessed using Mythrill Fiction’s downloaded team software that enables posting of Content, User Content, media display, browsing and accessing Content in accordance with validly issued Content Licenses, chat, and screenshot sharing with other Users.
“User” means any authorized user who has created an Account, and is or will be utilizing any Mythrill Fiction App for personal, consumer, and/or commercial purposes.
“User Content” means any content posted by a User on the Mythrill Fiction App or Site, to interact with other Users.
Section II: Account Registration
All Users shall apply to Mythrill Fiction for use of the Services by registering for a unique User account on the Mythrill Fiction App (“Account”).
- User Account Registration Requirements and Eligibility
- The User shall register for an Account by providing all requisite information, in the prescribed form(s) available on the Mythrill Fiction App and/or Site. Mythrill Fiction shall be entitled at its sole discretion to accept or reject such Mythrill Fiction Account applications.
- By registering for an Account on the Mythrill Fiction App and/or Site, or by clicking to accept this Agreement when prompted on the Mythrill Fiction App and/or Site, the User has been deemed to have executed this Agreement electronically, effective on the date the User registers their Account or clicks to accept the Agreement. The User’s Account registration constitutes an acknowledgement that they are able to electronically receive, download, and print the Agreement, and any amendments thereafter.
- The User represents, acknowledges, agrees, and affirms the following:
- the User shall use the Mythrill Fiction App, Site, and the Services solely for personal, consumer, and/or commercial only;
- the User shall comply with all applicable laws and regulations with respect to his or her use of the Mythrill Fiction App, Site, and the Services;
- the User is an individual 18 years or older, with the full capacity to enter into legally binding contracts;
- the User shall be financially responsible for its use of the Mythrill Fiction App and the purchase of Content Licenses and/or Services, where applicable;
- the User is not a citizen or resident of a geographic area in which access to or use of the Mythrill Fiction App, Site and/or the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; and the User agrees that if the User’s country of residence or other circumstances change such that the above representations are no longer accurate, that the User shall immediately notify Mythrill Fiction of the same and cease using the Mythrill Fiction App, Site and Services forthwith;
- the User shall perform its obligations as specified by any Purchase Order that such User enters into, unless such obligations are prohibited by applicable law or this Agreement and/or the Additional Terms and Conditions
- For the purpose of availing Accounts and Services, the User is required to have:
- The User’s full legal name; and
- Email address.
- Mythrill Fiction may discontinue the Services for the User at its sole discretion any time without assigning any reason.
- Proper identification of the User may be required, at the time of opening the Account subject to the verification as per Mythrill Fiction policy / procedures. All User Accounts, at the time of registration and from time to time thereafter, shall be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm the User’s identity and their capacity to enter into this Agreement with Mythrill Fiction. The User authorizes Mythrill Fiction, to directly or through third parties, make any and all inquiries necessary to validate the User’s identity and confirm their ownership of their email address or financial accounts, subject to applicable law. When requested, Users must provide Mythrill Fiction with information about themselves.
- Any User opening or operating an Account is deemed to have read, understood and accepted (i) this Agreement, (ii) the applicable schedule of Mythrill Fiction Charges and Fees as may be issued from time to time in Mythrill Fiction’s whole and sole discretion, and (iii) any and all amendments from time to time to the afore-mentioned by the Mythrill Fiction.
- Mythrill Fiction reserves the right to avail and access User identification-related data obtained through the Account registration of the User.
- The User agrees to provide true, accurate, and complete information on its Account and all registration and other forms they access on the Mythrill Fiction App and Site, or provide to Mythrill Fiction, and to update the User’s information to maintain its truthfulness, accuracy, and completeness. The User agrees not to provide and to correct any information about their location, business, skills, or the services their business provides that is or becomes false or misleading.
- The User shall not register for more than one User Account without express written permission from Mythrill Fiction, and the User shall not to ask or allow another person to access the User Account on their behalf, for their use or benefit.
Section III: Attributes of Accounts
- Only one Account may be opened per User category. For the purposes of clarity, this means that a User may not open more than one Account.
- The grant to, and operation of Account and Services by a User is purely personal in nature and not transferable under any circumstance.
- Each Account shall possess a distinctive number, which shall be quoted in all correspondence with the User relating to the Account and Services.
- Mythrill Fiction reserves the right without prior notice to the User to debit the Account for any expenses, fees, withholding tax, tax, duty, or any other cost, service charges or expenses arising out of any transactions or operation of the Account with the Mythrill Fiction as may be payable to the Government, or any regulatory authority as may be levied, from time to time. All applicable taxes shall be recovered as per tax laws in force. Failure to do so shall result in recovery of the service charge and/or Fee by Mythrill Fiction in a manner as Mythrill Fiction may deem fit along with such interest charges, if any, and/or withdrawal of funds from Account without any liability to Mythrill Fiction.
- The Parties hereby agree that if the User opens further accounts with Mythrill Fiction and/or subscribes to any of the products/services offered by or through Mythrill Fiction or any of the Affiliates, and Mythrill Fiction extends the Services to such accounts, products or services and the User opts for use thereof, then this Agreement shall automatically apply to such further use of Account and Services by the User.
- This Agreement is in addition to and not in substitution for the specific terms and conditions, rules and regulations, procedures of Mythrill Fiction following various types of accounts and all products, services offered to User from time to time.
Section IV: Usage of Account/ Dormancy
- In order to use the Services, the User must be registered for an Account.
- At the time of registration, the User shall create a unique password. Transaction requests will be authorized only through the User’s password via the registered Account.
- If a User’s Account remains dormant for a period of 180 days, any remaining balance in such dormant Account shall be deemed an unclaimed balance and shall be surrendered to Mythrill Fiction.
- In case of Mythrill Fiction receiving official notice, or as and when Mythrill Fiction becomes aware of it from any other reliable source, regarding the demise of a User, Mythrill Fiction shall stop operations immediately in the account and will not be obliged to allow any operation or withdrawal except on production of a Succession Certificate or other Court orders, from a Court of competent jurisdiction.
- Any discrepancy in the Account activities for transactions and receiving of alerts should be promptly brought to the notice of Mythrill Fiction by the User in writing to email@example.com within 1 working day from the date of transaction, failing which the said activities of the Account and/or receiving of alerts shall be deemed to be finally and conclusively non-discrepant and accepted by the User, for all purposes whatsoever. In the case of any error, Mythrill Fiction reserves its rights, at all times, to make adjusting entries to rectify the error without notice and inform the User subsequently, and recover any amount wrongly paid or credited to the User and/or any third-party together with any accrued interest charges. However, Mythrill Fiction shall not be liable for any loss or damage due to such error(s) or any consequential loss arising therefrom to the User and/or any third-party.
- In accordance with this Agreement, the User may be entitled to receive certain records from Mythrill Fiction and/or Mythrill Fiction’s Affiliates, such as contracts, notices, and communications, in writing (hereinafter collectively referred to as the “Records”). To facilitate the User’s use of the Mythrill Fiction App, Site and the Services, the User hereby consents to being provided these Records by Mythrill Fiction electronically instead of in paper form. The User shall be responsible for retaining copies (whether soft copies or hardcopies) of all such Records duly communicated to the User by Mythrill Fiction. However, Mythrill Fiction reserves the right, in its sole discretion, to communicate with the User via postal service and other third-party mail services using the address under which the Account is registered. The User’s consent to receive Records electronically shall remain effective until and unless it is expressly withdrawn in writing by the User by contacting User Support. Withdrawal of User’s consent to receive such Records electronically (“Withdrawal”), shall cause the User’s access to the Mythrill Fiction App, Site and the Services to be revoked, and the User shall no longer be permitted to use the Mythrill Fiction App, Site or the Services. Withdrawal shall be effective only after Mythrill Fiction has had a reasonable period of time to process the request for Withdrawal. Please note that Withdrawal shall not apply to records and notices electronically provided by Mythrill Fiction to the User before the Withdrawal becomes effective.
- The User shall be responsible for keeping all contact information (including without limitation all email addresses and postal addresses) in Mythrill Fiction’s records up-to-date by promptly notifying Mythrill Fiction of its current contact information, as well as any changes to the same, as soon as those changes occur.
- By entering into this Agreement, the User acknowledges and confirms that the User possesses all of the hardware and software required to receive all electronic notifications and Records as may be provided by Mythrill Fiction, such requirements which may be amended by Mythrill Fiction from time to time, including without limitation:
- a valid and current email address;
- a data plan, or internet connection for your smartphone device;
- Software, browsers, plug-ins, or other mobile applications and programs identified on the Mythrill Fiction App and/or Site in their Current Versions. The use of other browsers, or any of the afore-mentioned items in any version that is not the Current Version, may lead to compatibility issues;
- a mobile device with an operating system capable of supporting the afore-mentioned items.
Section V: Security
- Mythrill Fiction shall not be liable to the User or any third-party, if anyone gets / has access to User’s Account password and/or mobile device with the Mythrill Fiction App, and the User fails to inform Mythrill Fiction. The transaction(s) done and/or instructions sent on the Account by the unreported and unauthorized user shall be considered legitimate and shall be acted and/or relied upon by Mythrill Fiction. Mythrill Fiction accepts no liabilities and shall not be held liable for compensation against any resulting User’s loss.
- The User irrevocably and unconditionally undertakes to ensure that the User’s password and other Confidential Information is kept confidential and to not let any unauthorized person have access to the mobile phone and/or the Account password.
- The security of the password must not be endangered or compromised by choosing a password that can be easily guessed, such as four (4) of the same numbers or numbers in sequence such as 1234.
- The User hereby acknowledges, agrees, and confirms that the User’s registered mobile phone/SIM shall only be used by the User and he/she shall take all necessary precautions and care to ensure that the same are not misplaced, lost or stolen. If User’s registered mobile phone/SIM is lost or stolen, User shall immediately notify his/her mobile operator to block and prevent misuse of the mobile phone/SIM. The User shall also promptly notify Mythrill Fiction’s Customer Service to block access to his/her Account, failing which, Mythrill Fiction shall not be held liable for any cost, charges, expenses, losses (direct, indirect or consequential), claims (including third party claims) or damages suffered or incurred by the User. The time at which Mythrill Fiction receives instructions to block access to the Account shall be determined and certified by Mythrill Fiction and such determination shall be binding and conclusive on the User.
- If the User believes that his/her Account has been accessed without his knowledge or consent, or that their password has been fraudulently used, they shall contact Mythrill Fiction immediately to block the account.
- Mythrill Fiction shall not be required to independently verify the User Instructions (defined below) and shall be effective unless countermanded by further instructions from the User within a reasonable time frame. Mythrill Fiction shall have no liability whatsoever if it does not or is unable to stop or prevent the implementation of any such countermanded User Instruction.
- All instructions for operating the Accounts and availing Services shall be given by the User (“User Instructions”) in the manner prescribed by Mythrill Fiction. The User is also responsible for the accuracy, completeness and authenticity of the payment instructions provided to Mythrill Fiction and/or its Affiliates and the same shall be considered to be sufficient to operate the Accounts.
- The User Instructions shall be affected only after authentication of the User in accordance with the prescribed procedure for Account.
- All the records of Mythrill Fiction generated by the User Instructions, (including the time of the transaction and payments requested when availing Services and using the Account), recorded shall be conclusive proof of the genuineness and accuracy of the transaction and accompanying User Instructions.
- When a User completes providing payment instructions and the same are received by Mythrill Fiction, transaction shall deemed to be fixed and finalized and User may not subsequently raise any objections with respect thereto. Once the User Instructions are received the transaction may not subsequently be changed or reversed in any way. Mythrill Fiction may seek clarification on User Instructions as and when it deems fit.
- Mythrill Fiction may refuse to comply with the User Instructions without assigning any reason whatsoever and shall not be under any duty to assess the prudence or otherwise of any User Instruction and have the right to suspend the operations through standard process if it has reason to believe that the User Instructions will lead or expose to direct or indirect loss or may require indemnity from the User before continuing to operate Account.
- The User undertakes and agrees not to use or permit the use of Account and Services for any illegal or improper purposes and shall comply with all applicable laws and regulations governing the Accounts. The User shall be held liable for any illegal funds transfer and money laundering done through their Account.
Section VI: Services
- The Mythrill Fiction App is an online portal for Authors of Content and Users interested in potentially purchasing Content Licenses to interact with one another, whereby Users and Authors can post Content and User Content, and Users can browse and purchase Content Licenses to access and read Content, through enabling the formation and execution of Purchase Orders, and coordinating disputes related to those Purchase Orders. Once a Purchase Order has been executed, Mythrill Fiction also arranges for the access of the corresponding Content for the User, in accordance with the specifications of the Purchase Order and Content License. Subject to the Agreement, Mythrill Fiction provides the Services to Users, including hosting and maintaining the Mythrill Fiction Apps.
- All Services pertaining to the formation, execution, and termination/cancellation of the Purchase Orders shall be governed by and specified in this Agreement.
- The User acknowledges, agrees, and affirms that Mythrill Fiction is not a party to any communication between Users, and that Mythrill Fiction does not in any way endorse any statements or opinions made between any Users, nor is responsible in any way for the conduct of any of the Users.
- The User further acknowledges, agrees, affirms, and covenants that the User shall not, under any circumstances whatsoever, post any User Content, anywhere on the Mythrill Fiction Apps, that is discriminatory, racist, bigotted, offensive, and/or hateful in nature, or promotes hate speech towards any third party or marginalized group anyway in any way, or is or can be construed as false assertions and/or fake news and/or media; and shall indemnify and hold harmless Mythrill Fiction for any violation of the same. Without prejudice to Mythrill Fiction’s rights and remedies under the law, Mythrill Fiction shall also have the right to immediately suspend, cancel, and/or terminate the User’s Account for any violation of this Clause.
- If a User and an Author agree on terms for the sale and purchase of the Content License, a Purchase Order is formed directly between such User and Author. When a User enters a Purchase Order, the User uses the Site to engage, communicate, invoice and pay the specified Charges online.
- The User hereby acknowledges, agrees, and affirms that for Purchase Orders in which the User and Author agree to terms of sale, Mythrill Fiction shall charge the User the Charges listed therein using the Payment Method specified.
- The User acknowledges, agrees, and affirms that Mythrill Fiction is not a party to any Purchase Orders, and that the formation of a Purchase Order between the User and Author shall not, under any circumstance, create any contractual relationship, liability, or obligation between Mythrill Fiction and any purchasing User.
- Purchase Order Terms
- The default terms and conditions of the Purchase Order are as provided in this Section VI of the Agreement. The User and Author may agree between them on any additional or different terms for their Purchase Order as long as such terms do not and do not purport to violate this Agreement. The terms concerning the Purchase Order described in this Agreement shall form an integral part of the Purchase Order. All changes to the terms of the Purchase Order, along with acceptance of any non-conforming Content License shall only be effective if consented to in writing by both the corresponding User and Author. If consent of the both User and Author is not obtained, the non-consenting party may reject such changes and/or non-conforming Content License by terminating the Purchase Order or accept/ratify such changes and/or non-conforming Content License impliedly by not raising an objection or dispute therein within 1 working day of becoming aware of such changes and/or non-conformity.
- TERMINATION OF A PURCHASE ORDER - Either User, Author, or Mythrill Fiction has the right to terminate the Purchase Order upon satisfactory completion and acceptance of Content License, in accordance with the provisions of that Purchase Order, or in the event of a material breach by the other party/parties, or with the consent of the remaining parties, as the case may be. Except as required by law, User remains obligated to pay the Charges for any Content License duly provided prior to termination of the Purchase Order.
- Once a User’s Payment Method has been charged to fund the Purchase Order, unless the Author and Mythrill Fiction mutually agree to give a full refund of the Charges to the User, the Purchase Order shall not terminate until access to the corresponding Content is completed in accordance with the Content License. However, Mythrill Fiction has the right to terminate a Purchase Order at any time without justifying or stating any reason. If a Purchase Order is terminated, User may not recover as of right, any payments already released to Author for the Purchase Order.
- Any refunds to the User resulting from the termination of a Purchase Order, shall still be subject to deduction of the Fee and the Costs.
- COMPLAINTS – Mythrill Fiction does not make or claim any warranties or representations nor endorse the quality, subject matter, nor views stated in the Content. In the event that the User has a complaint regarding any of the above factors related to the Content, the User may forward such complaint directly to the Author in the form of comments/reviews/feedback by posting User Content on the Mythrill Fiction App and/or Site, and Mythrill Fiction shall be under no obligation to record, investigate, question, sanction and/or observe the corresponding Author to determine whether or not to retain such Author for future Services. Furthermore, Mythrill Fiction shall remain not liable to the User for the above complaint, and not liable for the refund of any amounts pursuant to such complaint.
Section VII: Charges, Fees, Costs, Coins, & Payments
- When under a Purchase Order, a User accepts the Content License and obtains access of the correspond Content and/or pays the Charges, Mythrill Fiction shall forward such Charges to the Author for the full amount of the Charges paid or released, minus a percentage fee on such full amount of the Charges to be retained by and/or disbursed to Mythrill Fiction as service fee in consideration for allowing the User access to the Content, Mythrill Fiction App, Site and the Services (the “Fee”), and further set off and deduct any outstanding costs or amounts due and payable to Mythrill Fiction from the Author (hereinafter collectively referred to as the “Costs”) before submitting the balance (the “Amounts”) to the Author. The User agrees to pay Mythrill Fiction the Fee for using the Site’s communication, invoicing, dispute resolution and payment services, including hosting services.
- In cases of fraud, abuse, wilfull misconduct, infringement, or violation of the Agreement, Mythrill Fiction reserves the right to revoke any payments and hold and reclaim ALL Amounts, Charges, and/or Costs due to the relevant Author/User (not just the Amounts, Charges and/or Costs due under the particular Purchase Order(s) under investigation) unless prohibited by applicable law. Accordingly, Mythrill Fiction shall have the right to demand and receive reimbursement from the User, if Mythrill Fiction:
- has reasonable basis to suspect fraud, infringement or criminal activity associated with such Charges, withdrawal, and/or Purchase Order;
- discovers erroneous or duplicate transactions; or
- has supplied its Services in accordance with this Agreement yet receives a chargeback from the Payment Method used by the User in a corresponding Purchase Order.
- The User hereby consents to Mythrill Fiction’s right to obtain such reimbursement by instructing Mythrill Fiction to charge the applicable Account, and any other accounts the User holds with Mythrill Fiction, either through set-off, by charging the User’s Payment Method, or by any other lawful means. Failure to pay for reimbursements of chargebacks shall give rise to grounds for termination of the applicable Account and revocation of the User’s access to the Site, the Mythrill Fiction Apps, and the Services.
- NO RETURN OF FUNDS - User hereby authorizes Mythrill Fiction (through the App Store and/or Plat Store, as the case may be) to charge User’s designated Payment Method for the Charge(s):
- for the purchase of Coins to be applied against future Purchase Orders, upon User’s acceptance and access of the Content, or
- in the event that the User is silent regarding the acceptance and approval of the same, then no later than 1 working day after the Content access was delivered to said User.
Therefore, and in consideration of use of the Mythrill Fiction App(s), Site, and the Services provided by Mythrill Fiction, the User hereby acknowledges, agrees, and affirms that once the User’s Coins have been charged in accordance with this Agreement, the Charges and Costs components of such Fee shall be non-refundable, except as otherwise required by applicable law. Furthermore, the User hereby acknowledges, agrees, and affirms that once the Charges and Costs have been deducted by Mythrill Fiction, they shall be non-refundable.
- In the event the User seeks to initiate a refund of any Fees minus Charges and Costs, the User shall seek the refund amounts from the App Store or Play Store from which the User purchases the Coins. The User must have valid grounds for instituting the refund request, and hereby forgoes the right to request any refunds whatsoever against and Charges and Costs already paid to Mythrill Fiction.
- The Parties acknowledge, and agree to the dispute resolution process and provisions of this Agreement, and shall adhere to them for resolution of any and all disputes arising under this Agreement and/or use of the Mythrill Fiction App(s), Site and Services. Accordingly, to the extent permitted by applicable law, the User shall not to request, order, or direct its credit card company, bank, or other Payment Method provider to charge back any Charges, or other fees charged pursuant to this Agreement, any Purchase Order, and/or use of the Mythrill Fiction App, Site and Services for any reason. A chargeback in breach of the foregoing obligation shall be deemed as a material breach of this Agreement. If User initiates a chargeback in violation of this Agreement, the User agrees that Mythrill Fiction may dispute or appeal the chargeback and institute collection action against User.
- TAXES - Any payments of the Charges, Costs, and Amounts due to or from any User under the Agreement and Purchase Order(s) shall be subject to all applicable taxes under the law.
- PAYMENT METHODS - In order to use the Services and/or pay Charges on the Mythrill Fiction App and/or Site, the User must provide account information for at least one of the following valid Payment Methods that are currently accepted by the App Store or Google Play Store, wherein the User hereby authorizes Mythrill Fiction (or Mythrill Fiction’s designated third-party payments provider, as the case may be) to run authorizations on all Payment Methods provided by the User, to store all relevant financial details of the User’s Payment Method for Services, and to charge User’s Payment Method.
- By providing Payment Method information through the Mythrill Fiction App, the User represents, warrants, and covenants that:
- User is legally authorized to provide such information;
- User is legally authorized to perform payments using the Payment Method(s); and
- such action does not violate the terms and conditions applicable to the User’s use of such Payment Method(s) or applicable law.
- By authorizing a payment using a Payment Method via the Mythrill Fiction App, the User represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment of the Charges using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from User’s Payment Method(s), the User is solely responsible for paying such amounts by other means.
- The User shall make all payments with respect to any Fees, Charges, Costs, and any other amounts on the Mythrill Fiction App and Site using Coins only. “Coins” shall mean virtual currency, which is purchased on the Mythrill Fiction App and Site, through redirecting to the App Store and Play Store. The exchange rate of Coins to the User’s local currency, shall be advised prior to purchase of the Coins, and such rate maybe revised by Mythrill Fiction App, in its sole discretion from time to time. The User shall not be entitled nor enable to make any purchases on the Mythrill Fiction App, Site, or for the Services, through any other currency or means, apart from the Coins, and shall not circumvent the purchase of Coins to use the Services for any reason whatsoever. Accordingly, all Fees, Charges, Costs, and any other amounts due from the User for the Services on the Mythrill Fiction App and Site shall be stated in terms of Coins only. It is the User’s sole responsibility to ensure that the User has sufficient Coins present in their Account to complete the purchase of any desired Content Licenses, and to replenish their Coins accordingly, as and when needed, by purchasing the Coins through the App Store and/or Play Store, from time to time. Mythrill Fiction App shall not be liable, for any reason whatsoever, to the User, for any failure, inability, or difficulty in purchasing Coins form the App Store and/or Play Store.
- In the event that the User either (i) cancels its Payment, (ii) initiates an improper chargeback, or (iii) commits any other act or omission; which leads to a failure on part of the User to pay any Charges, Fees, Costs and/or other amounts due, Mythrill Fiction shall have the right to suspend or close the User’s Account and revoke the User’s access to the Mythrill Fiction Apps. Notwithstanding other remedies available to Mythrill Fiction under the law, the User must pay Mythrill Fiction upon first demand for amounts owed under the Agreement plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Mythrill Fiction shall reserve the right to set-off amounts due against other amounts received from or held by Mythrill Fiction for the User, report such behaviour to any law enforcement authorities and/or regulatory authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
Section VIII: Relationship with Mythrill Fiction
- All dealings between Users, including posts, communications, screening, selection, formation and execution of Purchase Orders, and performance of the Services, shall remain between the Users, and not pertain to Mythrill Fiction. Mythrill Fiction shall not, in any way, supervise, direct, or control User or User’s interaction with other Users. Mythrill Fiction makes no representations about, and does not guarantee or warrant the quality, safety, or legality of, the User’s interaction or communication with other Users; the truth or accuracy of any posted User Content on the Mythrill Fiction App and/or Site; the qualifications, background, or identities of Users; nor does Mythrill Fiction promise to perform or endorse any background checks on the Users. The User hereby acknowledges and agrees that any information on the Mythrill Fiction App about another User, including without limitation feedback, composite feedback, including a strength or risk score, geographical location is based solely on data that Users voluntarily submit to Mythrill Fiction, and shall not constitute nor be construed as an endorsement, verification, testimonial, or recommendation by Mythrill Fiction. The User’s execution of this Agreement, any Account registration, and any subsequent posing of User Content shall not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and Mythrill Fiction.
- COMMUNICATIONS FROM USER TO MYTHRILL FICTION - All notices to Mythrill Fiction or our Affiliates intended to have a legal effect must be in writing and delivered in writing via email to firstname.lastname@example.org, and shall be deemed effective upon receipt by Mythrill Fiction. Mythrill Fiction does not accept service of any legal process by email or mail; all such service should occur by hand delivery on Mythrill Fiction or its registered agent for service of process.
- SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS - Mythrill Fiction grants to the User a limited license to access and use the Mythrill Fiction App and Site for the purpose of using the Services. The User shall only access (or attempt to access) the Mythrill Fiction App, Site or Services by the interface provided, and shall not use information from the Mythrill Fiction App, Site, or Services for any purposes other than the purposes for which it was made available. The User shall not use the Mythrill Fiction App, Site or the Services for offering any goods or services, unless specifically authorized by Mythrill Fiction, on a case-by-case basis, and subject to the provisions and conditions of the Agreement. The User shall not do any of the following without Mythrill Fiction’s express prior written consent:
- sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any Content of the Mythrill Fiction App, Site or Services in any way for any public or commercial purpose;
- use any content of the Mythrill Fiction App, Site or Services on any other website or in a networked computer environment for any purpose except User’s own viewing;
- frame or link to the Mythrill Fiction App, Site or Services;
- attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Mythrill Fiction App, Site or the Services unless expressly permitted by applicable law.
- access the Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Mythrill Fiction App, Site and/or Services.
Mythrill Fiction and its licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Mythrill Fiction App, Site, and the Services. The logos and names are trademarks of Mythrill Fiction and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Mythrill Fiction App, Site, and/or the Services may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in the Agreement confers any license under any of Mythrill Fiction or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.
Section IX: Miscellaneous
- UNAUTHORIZED ACCESS AND USE; SITE INTERFERENCE; MALICIOUS SOFTWARE - The User shall not use any robot, spider, scraper, or other automated means to access the Mythrill Fiction App or Site for any purpose without Mythrill Fiction’s express written permission. The User shall not:
- access the audiovisual content available on the Mythrill Fiction App and/or Site for any purpose or in any manner other than streaming;
- take any action that imposes or Mythrill Fiction reasonably believes may impose (in Mythrill Fiction’s sole discretion) an unreasonable or disproportionately large load on the Mythrill Fiction Apps’ and/or Sites’ infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content or any other content (other than content the User’s own User Content) from the Mythrill Fiction App or Site, any software code that is part of the Mythrill Fiction App or Site, or any services that are offered on the Mythrill Fiction App or Site without the prior express written permission of Mythrill Fiction and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper operation of the Mythrill Fiction App and/or or any activities conducted on the Mythrill Fiction App and/or Site;
- bypass any of Mythrill Fiction’s measures to prevent or restrict access to the Mythrill Fiction App and/or Site or any subparts of the Mythrill Fiction App and/or Site, including, without limitation, features that prevent or restrict use or copying of any Content and/or User Content, or enforce limitations on use of the Mythrill Fiction App, Site or the content/Content/User Content therein;
- transmit chain letters, or other unsolicited communications;
- attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Mythrill Fiction App and/or Site;
- collect, harvest, retain, forward, or use any personally identifiable information, including Account names, from the Mythrill Fiction App and/or Site;
- access any Content/User Content on the Mythrill Fiction App and/or Site through any technology or means other than those provided or authorized by the Mythrill Fiction App and/or Site;
- directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services; or
- In addition to the aforementioned types of Content in Section IX (1)(C) hereinabove, the User shall not post, upload, display or otherwise make available Content or User Content that, inter alia promotes, supports, represents, advocates, threatens, contains and/or condones:
- any form of racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harassment or intimidation of another person;
- requests money from, or is intended to defraud, other Users of the Service;
- spam or solicits users of other applications;
- information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- an illegal, unauthorized, or infringing copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them, or infringement of any other person’s Intellectual Property Rights, in any manner whatsoever;
- video, audio photographs, or images of another person without his or her express permission (or in the case of a minor, the minor’s legal guardian);
- restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- viruses, time bombs, trojan horses, cancelbots, worms, any invalid data or other harmful or malicious software code, or disruptive codes, components or devices, agent, hidden procedure, routine, or mechanism through or to the Mythrill Fiction Apps, the Mythrill Fiction App Software, or Site; that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow the User or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Mythrill Fiction App, Site or any other software, firmware, hardware, computer system, or network of Mythrill Fiction or any third party;
- an impersonation of, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data the User does not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and Confidential Information);
- provides information or data that is false, inaccurate, incorrect, incomplete, and/or misleading;
- disruption the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and
- solicitation of passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.
- Mythrill Fiction reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates the provisions of this Section IX, including removing the offending communication from the Service and terminating or suspending the account of such violators.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USER’S USE OF THE SERVICE IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO THE USER’S DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF THE USER DOES NOT ACCEPT THIS LIMITATION OF LIABILITY, THEN SUCH USER SHALL NOT BE AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
- THIRD-PARTY VERIFICATION - The Mythrill Fiction App and Site make available various services provided by third parties to verify a User’s credentials and provide other information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and shall not be deemed to be the stance, opinion, or belief of Mythrill Fiction. Mythrill Fiction neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Mythrill Fiction Apps by anyone other than Mythrill Fiction’s authorized employees acting in their official capacities.
- LINKS AND APPLICATIONS - The Mythrill Fiction App and Site may contain links to third-party websites. The Mythrill Fiction App and Site may also contain applications that allow the User to access third-party websites via the Mythrill Fiction App or Site. Such third-party websites are owned and operated by the third parties and/or their licensors. Mythrill Fiction does not warrant or guarantee access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. The User acknowledges and agrees that Mythrill Fiction is not responsible or liable for the availability or accuracy of third-party websites; or the content, advertising, or products on or available from third-party websites. The User shall access third-party websites by clicking on a link, or installing an application at the User’s sole risk and discretion.
- MOBILE AND OTHER DEVICES - When using the Mythrill Fiction App and/or Site, the User agrees and acknowledges that the User’s carrier’s normal rates and fees, such as text messaging and data charges, shall still apply.
- SITE UPDATES - Mythrill Fiction may from time to time in its sole discretion develop and provide Mythrill Fiction App, Site and/or Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. The User agrees that Mythrill Fiction does not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. The User shall promptly download and install all Updates and acknowledge and agree that Mythrill Fiction App, Site and/or Services or portions thereof may not work properly should the User fail to do so. The User further agrees that all Updates will be subject to the terms of the Agreement, unless otherwise provided in terms associated with such Update. Mythrill Fiction reserves the right, at any time, to modify, suspend, or discontinue Services or any part thereof without notice. The User agrees Mythrill Fiction will not be liable to you or any third party for any modification, suspension, or discontinuance of Services or any part thereof.
- Unless otherwise specified in the Agreement, all information exchanged during the course of the Agreement (“Confidential Information”) shall be regarded as confidential between the Parties and shall not be disclosed to any unauthorized person or used by the recipient other than for the purpose to which it relates. Any authorized disclosure to another person(s) shall be on the same terms as to confidentiality as contained in this clause. Parties hereby agree to make available Confidential Information only to those of their employees who need to have access to it for the purposes of this Agreement and to obligate such employees correspondingly to the extent legally permissible.
- If, for the purposes of this Agreement, a Party discloses any Confidential Information to its employees, it shall notify such employees of the confidential nature thereof and make all necessary efforts and take all precautions to bind such employees to keep the Confidential Information strictly confidential.
- During and after the tenure of this Agreement if any Confidential Information is received by a Party under or by virtue of this Agreement the same shall be maintained in the strictest of confidence and trust.
- The obligation of confidentiality and limited use shall survive termination of this Agreement and continue even after the termination or expiry of this Agreement.
- WARRANTY DISCLAIMER - The Mythrill Fiction App, Site, and the Services are provided “as is” and on an “as available” basis. Mythrill Fiction makes no express representations or warranties with regard to the Mythrill Fiction App, Site, the Services, or any activities or items related to this Agreement. To the maximum extent permitted by applicable law, Mythrill Fiction disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to the User.
Section X : Liability And Indemities
- LIMITATION OF LIABILITY – The Parties agree that Mythrill Fiction shall not be liable for any damages or losses arising out of or in connection with the Agreement, including, but not limited to:
- The User’s use of or inability to use the Mythrill Fiction App, Site, and/or Services;
- delays or disruptions in the Mythrill Fiction App, Site and/or Services;
- viruses or other malicious software obtained by accessing, or linking to, the Mythrill Fiction App, Site and/or Services;
- glitches, bugs, errors, or inaccuracies of any kind in the Mythrill Fiction App, Site and/or Services;
- damage to the User’s hardware device from the use of the Mythrill Fiction App, Site and/or Services;
- the Content, User Content, actions, or inactions of third parties’ use of the Mythrill Fiction App, Site and/or Services;
- a suspension or other action taken with respect to the User’s Account;
- the User’s reliance on the quality, accuracy, or reliability of profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Mythrill Fiction App and/or Site; and
- the User’s need to modify practices, content, or behavior as a result of changes to the Agreement.
The liability of Mythrill Fiction, its Affiliates, licensors, and third-party service providers to the User for any claim arising out of or in connection with this Agreement shall not exceed the Fees paid by the User in the preceding six months such claim. These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this Agreement, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to the User.
- RELEASE - The User hereby releases Mythrill Fiction, its Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that the User may have with another User, whether it be at law or in equity.
- INDEMNIFICATION - The User shall indemnify, defend, and hold harmless Mythrill Fiction, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by the User, a third party, or another User against an Indemnified Party relating to: (a) use of the Mythrill Fiction App, Site, and the Services by User, including any payment obligations incurred through use of the Services; (b) the User’s failure to comply with the Agreement; (c) User’s failure to comply with applicable law(s) and/or regulation(s); (d) User’s negligence, willful misconduct, or fraud; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by the User. Additionally, in no event shall Mythrill Fiction, its Affiliates, licensors, or third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities.
Section XI : Term and Termination
- The Agreement come into full force and effect on the later of the Effective Date or upon registration of an Account in the User’s name, and shall remain in valid and if force for the duration of the User’s use of the Mythrill Fiction App, Site, or Services, unless otherwise terminated earlier in accordance with the provisions of this Agreement. Unless both Parties expressly agree otherwise in writing, either Party may terminate this Agreement in its sole discretion, at any time, without explanation, upon written notice to the other, except as otherwise provided herein. User may provide written notice to email@example.com.
- In the event of termination, the User’s right to use the Mythrill Fiction App, Site and Services shall be automatically revoked, and Account shall be closed; however, the User shall continue to be obligated to pay any Charges accrued but unpaid as of the date of termination to Mythrill Fiction for any Services availed up to the date of termination. Termination of this Agreement for any reason shall not release the User or Mythrill Fiction from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
- Without limiting Mythrill Fiction’s other rights or remedies, it may temporarily suspend, indefinitely suspend, or permanently revoke the User’s access to the Mythrill Fiction App and Site and refuse to provide any or all Services to the User if: (i) the User breaches the letter or spirit of any terms and conditions of this Agreement; (ii) Mythrill Fiction suspects or becomes aware that the User provided false or misleading information to Mythrill Fiction; or (iii) Mythrill Fiction believes, in its sole discretion, that the User’s actions may cause legal liability for Mythrill Fiction, its other Users, or its Affiliates; may be contrary to the interests of the Mythrill Fiction App, Site or the User community; or may involve illicit activity. If the User Account is suspended or closed, the User may not use the Mythrill Fiction App nor Site under the same Account or a different Account or re register under a new Account without Mythrill Fiction’s prior written consent. If the User attempts to use the Mythrill Fiction App or Site under a different Account, Mythrill Fiction reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by the User to the extent permitted by applicable law.
- Without limiting Mythrill Fiction’s other rights or remedies, if the User engages in actions or activities that circumvent the Mythrill Fiction App or Site, or otherwise reduce fees owed Mythrill Fiction or its Affiliates under the Agreement, the User shall pay Mythrill Fiction, and authorize Mythrill Fiction or its Affiliate to charge the User, for all fees owed to Mythrill Fiction and its Affiliates, all losses and costs (including any and all time expended of Mythrill Fiction’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
- If the User Account is closed for any reason, the User shall no longer have access to data, messages, files, and other material pertaining to the closed Account kept on the Mythrill Fiction App. If practicable or required by law, Mythrill Fiction shall retain this information along with all previous posts and proposals for a period of up to five years from the date of closure. However, the User understands, acknowledge, agrees, and affirms that any closure of the User Account may involve deletion of any content stored in the User’s Account for which Mythrill Fiction shall have no liability whatsoever.
- Except as otherwise required by applicable law, Mythrill Fiction shall notify the User closing the Account, unless it believes, in its sole judgment, that giving notice may cause damage. The Parties acknowledge and agree that the value, reputation, and goodwill of the Mythrill Fiction App and Site depend on transparency of User’s Account status to all Users, including both the User and other Users who have interacted and/or communicated with the User. The User therefore agrees as follows: IF MYTHRILL FICTION DECIDES TO SUSPEND OR CLOSE THE ACCOUNT, MYTHRILL FICTION HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE INTERACTED AND/OR COMMUNICATED WITH THE USER TO INFORM THEM OF THE USER’S SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR THE ACCOUNT SUSPENSION OR CLOSURE.
- SURVIVAL - After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
Section XII : Dispute Resolution/Arbitration
- DISPUTE PROCESS AND SCOPE - For any and all disputes arising between the Parties (where such dispute shall be either between the User and Mythrill Fiction, or between the User and other Users/Authors of the Mythrill Fiction App, Site, and/or Services), and/or Mythrill Fiction’s Affiliates the Parties agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, or the Services (each, a “Claim”) in accordance with this Section XII. For the purposes of abundant clarity, Claims include, without limitation, all claims, disputes, or controversies arising out of or relating to the Agreement, any payments or monies the User claims are due to them from Mythrill Fiction or its Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, termination, discrimination or harassment and claims arising under statutes or regulations addressing the same or similar subject matters, and all other legal claims arising out of or relating to the Parties’ relationship with one another, or the termination of that relationship. The Parties agree that any Claim must be resolved as described in the subsections below titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration.”
- CHOICE OF LAW - This Agreement, and any Claim will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
- INFORMAL DISPUTE RESOLUTION – Prior to serving a demand for arbitration of a Claim, the User shall first notify Mythrill Fiction of the Claim by email to firstname.lastname@example.org, and Mythrill Fiction agrees to provide to the User with notice at the User’s email address on file (in each case, a “Notice”) and seek informal resolution of the Claim. All Notices from User shall include the User’s name, pertinent account information, a brief description of the Claim, and contact information, to enable Mythrill Fiction to evaluate the Claim and attempt to informally and quickly resolve the Claim. Any Notice from Mythrill Fiction to the User must include pertinent account information, a brief description of the Claim, and Mythrill Fiction’s contact information, enable the User to evaluate the Claim and attempt to informally and quickly resolve the same. In the event that the Parties have not successfully informally resolved the claim within 15 days from the date of the receipt of the Notice, the Parties shall proceed with the Claim to Arbitration in accordance with Section XII(4) hereunder.
- MANDATORY BINDING ARBITRATION - This Mandatory Binding Arbitration provision (“Arbitration Provision”) applies to all Users. In the unlikely event the Parties are unable to resolve a Claim within  days of the receipt of the applicable Notice, the User, Mythrill Fiction, and its Affiliates agree to resolve the Claim by binding arbitration before an arbitrator under the Commercial Arbitration Rules (“CAR”) of the American Arbitration Association. This Arbitration Provision applies to any Claim the Parties may have and survives beyond the termination/expiration of their relationship. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. Except as otherwise provided herein, arbitration will be conducted in New York, NY, in accordance with the CAR. The CAR for arbitration may be found at https://www.adr.org/commercial or by searching online for “Commercial Arbitration Rules of American Arbitration Association.” The Parties agree that any Party shall have the right to appear at the arbitration by telephone and/or video rather than in person. The Parties shall follow the applicable CAR with respect to arbitration fees. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. Either Party may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that Party may be entitled may be rendered ineffectual without such relief; the arbitrator will render the final judgment in the matter. Regardless of any other terms of this Arbitration Provision, a Claim may be brought by or to, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate, investigate or prosecute the claim notwithstanding the existence of this Agreement to arbitrate. Nothing in this Arbitration Provision will be deemed to preclude or excuse a Party from bringing an administrative claim before any agency in order to fulfill the Party’s obligation to exhaust administrative remedies before making a claim in arbitration, if any.
- INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION - This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. For the avoidance of doubt, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The Parties expressly agree that the arbitrator and not a court will decide any question of whether the Parties agreed to arbitrate, including but not limited to any claim that all or part of this Agreement is void or voidable. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable to the fullest extent permitted by law.
Section XIII : General Provisions
- ENTIRE AGREEMENT - This Agreement sets forth the entire agreement and understanding between the User and Mythrill Fiction relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Agreement are included for ease of reference only and have no binding effect. Even though Mythrill Fiction has drafted the Agreement, the User represents that they had ample time to review and decide whether to agree to the Agreement. If an ambiguity or question of intent or interpretation of the Agreement arises, no presumption or burden of proof will arise favoring or disfavoring the Parties because of the authorship of any provision of the Agreement.
- MODIFICATIONS - No modification or amendment to the Agreement shall be binding upon Mythrill Fiction unless in a written instrument signed by a duly authorized representative of Mythrill Fiction. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles.
- NO WAIVER - Notwithstanding anything to the contrary in this Agreement, the failure or delay of either Party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that Party’s right to later enforce or exercise it, unless such Party issues an express written waiver, signed by a duly authorized representative of such Party.
- ASSIGNABILITY - User may not assign any of its rights or obligations hereunder, for any reason whatsoever. Mythrill Fiction may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void.
- SEVERABILITY - If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the Parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
- FORCE MAJEURE - Neither Party shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such Party shall be extended by the period of such delay. Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of 60 days, either Party shall have the right to give to the other a 30-day notice of termination.
PREVAILING LANGUAGE AND LOCATION - The English language version of the Agreement and shall be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Mythrill Fiction Apps are controlled and operated from our facilities in the United States and Europe. Mythrill Fiction makes no representations or warranties that the Mythrill Fiction App, Site or the Services are appropriate or available for use in other locations. Those who access or use the Mythrill Fiction Apps from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign, and local laws and regulations, including, but not limited to, export and import regulations.