Terms of service
August 8th, 2020
These Terms of Service and this End User License Agreement (“Terms”) is between Fiction Riot, LLC d/b/a Ficto (“Ficto”) and you, an individual user (“You”), and governs your use of
Ficto’s website (“Website”) accessible at
https://www.ficto.tv , and
Ficto’s mobile software applications (“Apps”) made available for download at
https://apps.apple.com/us/app/ficto/id1461664151 (“iOS”), and
https://play.google.com/store/apps/details?id=tv.ficto&hl=en_US (“Android”), and
any related websites or other online properties owned or controlled by Ficto (together with the Website and the Apps shall be referred to the “Service” hereto).
BY INSTALLING ANY APPS OR OTHERWISE ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICE.
AS FURTHER DESCRIBED BELOW IN SECTION 1.2 AND WITHOUT LIMITING ANY TERMS IN THAT SECTION, DISPUTES BETWEEN YOU AND FICTO WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS AS SET FORTH ABOVE, YOU AND FICTO EACH WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Material Terms: As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
· the Service is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
· the use of the Service may be subject to separate third–party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
· you consent to the collection, use, and disclosure of your information in accordance with the Ficto Privacy Policy located at ficto.tv/privacy-policy (“Privacy Policy”);
· the Service is provided “AS IS” without warranties of any kind and Ficto’s liability to you is limited;
· we will resolve disputes arising under these Terms through binding arbitration. By accepting these Terms, as provided in greater detail in Section 12 of these Terms, you and Ficto are each waiving the right to a trial by jury or to participate in a class action; and
· if you are using the Apps on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” below