User agreement

Contents

  • 1. Terms

    • 1.1. The term "Website" refers to this website with a domain name https://fic.fan/

    • 1.2. The term "Company" refers to the company that maintains the Website: Ficfan SIA (Rīga, Burtnieku iela 36 - 1, LV-1084).

    • 1.3. The term "User" refers to any individual person who has reached the age allowed in accordance with the regulations for the acceptance of these Rules, and has the appropriate authority to view the Website, as well as materials and information posted on the Website.

    • 1.4. The term "Author" refers to any individual person who has reached the age allowed in accordance with the regulations for the acceptance of these Rules, and has the appropriate authority, registered on the Website in accordance with the established procedure and is the author of a literary work posted on the Website.

  • 2. Basic provisions

    • 2.1. These Terms of use of the Website are developed by the Company and define the terms of use of the Website, as well as the rights and obligations of its Users/Authors and the Company. The Rules also apply to relationships involving the rights and interests of third parties that are not Users/Authors, but whose rights and interests may be affected by the actions of Users/Authors.

    • 2.2. These Rules are a legally binding agreement between the User/Author and the Company, the subject of which is the provision by the Company to the User/Author of services for the use of the Website and its services. In addition to these Rules, the agreement between the User/Author and the Company shall include all special rules governing the provision of individual services of the Website and placed in the relevant sections of the Website.

    • 2.3. The User is obliged to fully familiarize themselves with these Rules before using the Website. The use of the Website means the full and unconditional acceptance and consent of the User/Author to these Rules in accordance with its terms and conditions.

    • 2.4. These Rules may be changed and/or supplemented by the Company unilaterally without any special notice. These Rules are an open and publicly available document. The current version of the Rules is located on the Internet at: https://fic.fan/agreement

    • 2.5. With regard to the functioning and development of the Website, the Company is guided by the current regulations, these Rules and other special documents that have been developed or may be developed and adopted by the Company in order to regulate the provision of Users/Authors of individual Website services.

    • 2.6. None of the provisions of these Rules grant the User/Author the right to use the Company’s brand name, trademarks, domain names and other distinguishing marks. The right to use the Company’s brand name, trademarks, domain names and other distinguishing marks may be granted only by written agreement with the Company.

    • 2.7. When registering on the Website, the User/Author agrees to these Rules and assumes the rights and obligations specified therein related to the use and operation of the Website.

    • 2.8. After successful registration of the User/Author on the Website, the Company assumes the rights and obligations to the User/Author specified in these Rules.

    • 2.9. If the User/Author does not agree with these Rules or their updates, the User/Author is obliged to refuse to use the Website.

  • 3. Prohibited activities

    • 3.1. The content of this Website (including information related to intellectual property, availability of services and services provided through the Website), as well as the infrastructure used to provide such content and information, belongs to the Company, with the exception of literary works published on the Website and other messages belonging to the Authors.

    • 3.2. The User/Author is prohibited from using the Website in order to:

      • 3.2.1. mislead Users/Authors about their identity using the login and password of another registered User/Author;

      • 3.2.2. upload, store, publish, distribute and provide access or otherwise use any information, including in their literary works posted on the Website, which:

        • 3.2.2.a. contains threats, discredits, insults, defames the honor and dignity or business reputation or violates the privacy of other Users/Authors or third parties;

        • 3.2.2.b. contains scenes of a sexual nature without specifying age restrictions;

        • 3.2.2.c. contains scenes of violence or inhumane treatment of animals without specifying age restrictions;

        • 3.2.2.d. contains a description of the means and methods of suicide, any incitement to commit it without specifying age restrictions;

        • 3.2.2.e. propagates and/or promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;

        • 3.2.2.f. contains extremist materials;

        • 3.2.2.g. promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts;

        • 3.2.2.h. contains restricted access information, including, but not limited to, state or commercial secrets, information about the private life of third parties;

        • 3.2.2.i. contains advertising or describes the attractiveness of the use of narcotic substances, including "digital drugs" (sound files that affect the human brain due to binaural rhythms), information about the distribution of drugs, recipes for their manufacture and tips on use;

        • 3.2.2.j. is fraudulent in nature;

        • 3.2.2.k. contains materials, the publication of which may be regarded as a criminal offense, lead to civil liability or violate any law in any other way;

        • 3.2.2.l. violates in any way the rights and interests of third parties or the requirements of applicable regulations;

      • 3.2.3. illegally upload, store, publish, distribute and provide access or otherwise use the intellectual property of other Users/Authors and third parties;

      • 3.2.4. carry out mass mailing of messages to other Users/Authors without their consent, using the Website;

      • 3.2.5. upload, store, publish, distribute and provide access or otherwise use viruses, Trojans and other malicious programs using the Website;

      • 3.2.6. use automated programs to collect information on the Website or interact with the Website and its services without special permission of the Company;

      • 3.2.7. in any way, including, but not limited to, by deception, abuse of trust, hacking, trying to gain access to the login and password of another User/Author;

      • 3.2.8. carry out illegal collection and processing of personal data of other persons;

      • 3.2.9. post any other information that, in the personal opinion of the Company, does not correspond to the purposes of creating and functioning of the Website, infringes on the interests of Users/Authors or for other reasons is undesirable for posting on the Website;

      • 3.2.10. use any devices, software or techniques to interfere or attempt to interfere with the operation of the Website;

      • 3.2.11. make false registrations for purposes not covered by the Website, including registration for the purpose of committing illegal acts;

      • 3.2.12. copy, reproduce, transmit and otherwise publish any content of this Website, with the exception of their own literary works, including any text, graphics, buttons, software, without the express written permission of the Company, except as permitted by regulations;

      • 3.2.13. embed, "mirror" and implement any parts of this Website into another website in any other way without the prior written permission of the Company.

    • 3.3. The Company has the right, but is not obligated, to view the Website for the presence of prohibited content and may, at its sole discretion, remove or move (without warning) any content at its sole discretion, for any reason or for no reason, including without limitation the movement or removal of content that, in the personal opinion of the Company, violates these Rules, applicable regulations and/or may violate the rights, cause harm or threaten the safety of other Users/Authors or third parties.

  • 4. Copyright

    • 4.1. By uploading their literary works to the Website, the Author authorizes the Company to post, keep and otherwise use them in the manner prescribed by the Website. After publishing literary works on the Website, the Company will not have any obligations to pay the Author any royalties, compensations, refunds or other monetary amounts.

    • 4.2. The Author guarantees to be the author of the literary work posted on the Website and to own all personal copyrights to this type of work, as well as that the Company's use of the Author's literary works in the manner prescribed by the Website is an authorized action on the part of the Author, which will not violate any rights of other Authors or third parties (including personal copyright and related rights, as well as rights to means of individualization and property rights).

    • 4.3. In case of revealing facts of violation of rights of third persons on results of intellectual activity, the Author undertakes to accept responsibility connected with such violation, in accordance with the current regulations and immediately after receiving notification from the Company to take measures to settle the dispute with third parties, as well as to compensate the Company and third parties in full all the losses caused by such violation.

    • 4.4. By agreeing to these Rules, the User\Author confirms that it it is explained and understood that the Website contains the objects of copyright in the form of literary works that belong to the Authors, and without their written permission, these objects may not be used in any way, including for commercial purposes, other than the User’s direct reading of the Website for information purposes and preservation for personal use.

    • 4.5. The Company reserves the copyright to the design of the pages and sections of the Website, as well as to texts and other information that are not literary works of the Authors. These materials of the Website can be displayed, distributed, published only after obtaining the written permission of the Company. Any copy of the materials or fragments thereof must contain a copyright notice.

    • 4.6. The names, signs, logos, design forms, graphic objects, as well as titles, phrases and expressions posted on this Website are copyright objects owned by the Company or third parties, used with their consent by the Company, with the exception of literary works belonging to the Authors.

    • 4.7. Any unauthorized downloads, distribution and other copying and/or modification of the above copyright objects may violate applicable regulations, including trademark and/or copyright laws, and may entail prosecution of the perpetrators in civil and criminal proceedings.

    • 4.8. All rights to the Website as a whole and to use the network address (domain name) Fic.fan belong to the Company. The latter provides access to the Website to all interested persons in accordance with these Rules and applicable regulations.

    • 4.9. By posting their works and other messages on the Website, the User/Author grants the Company the full right to make copies of their material in order to streamline and facilitate the publication and storage of user content on the Website, as well as to perform other actions provided for by the Website.

  • 5. Rights of the Author/User

    • 5.1. The User/Author has the right to contact the Website support service with questions, complaints and wishes related to improving the operation of the Website and the procedure for registering Authors, possible offenses, the management of literary works or other information related to the Website and the information posted on it.

    • 5.2. The User/Author has the right to demand from the Company to ensure the safety of the User's/Author's personal data, non-disclosure of data to third parties, except in cases when it is impossible to provide the services provided by the Website to this User or Author without disclosing the data, as well as in cases of necessity provided by law.

    • 5.3. The User/Author has the right to use the Website in accordance with the procedure established by the Website (after registration of the User/Author on the Website), including posting their literary works, making changes and additions to them.

    • 5.4. After successful registration on the Website, the User/Author has the right to: publish their literary works in the thematic sections of the Website, leave comments on other people's and their own works, as well as perform other actions not prohibited by regulations and these Rules on the Website.

    • 5.5. The User/Author does not have the right to use other people's copyright objects in their literary works posted on the Website without obtaining proper permission from the owner.

  • 6. Obligations of the Author/User

    • 6.1. The User/Author fully and unconditionally accepts all the Terms of use of the Website set out on this page.

    • 6.2. The User agrees that the confidentiality of the data transmitted via the Internet is not guaranteed and in the event that access to this data is obtained by third parties outside the area of the technical means of communication subordinate to the Company, the Company is not liable for the damage, applied in the above manner.

    • 6.3. When registering on the Website, the User/Author undertakes to provide up-to-date, reliable and detailed information about himself in accordance with the form established by the Website for the formation of a personal page of the User/Author, as well as accurate contact information, including a login unique for each User/Author (email address or a combination of Latin letters and numbers to enter the Website) and an access password to the Website. The registration form of the Website may request additional information from the User/Author.

      • 6.3.a. When registering on the Website, the User/Author receives login data and password, for the non-disclosure of which is fully responsible. The User/Author should immediately change the password at the first suspicion of a violation of their privacy in order to avoid the use of their personal data by third parties.

      • 6.3.b. The login and password chosen by the User/Author are necessary and sufficient information for the User/Author to access the Website. The User/Author has no right to transfer their login and password to third parties, and bears full responsibility for their safety, independently choosing the method of their storage. The User/Author on the hardware and software may allow the storage of login and password (using cookies) for subsequent automatic authorization on the Website.

      • 6.3.c. If the User/Author has not proved the opposite, any actions performed using their login and password are considered to be committed by the corresponding User/Author. In case of unauthorized access to the login and password and/or the personal page of the User/Author, or distribution of the login and password, the User/Author is obliged to immediately inform the Company about this in accordance with the established procedure.

      • 6.3.d. When using the Website, the User/Author undertakes to enter only those data that correspond to reality and do not contradict the current regulations.

      • 6.3.e. The User/Author is also given the opportunity to register/log in to the Website by authorizing via third party Internet resources. In this case, when registering/logging in to the User/Author Website, the Company receives the necessary contact information, including the User’s name and e-mail address. The information received in this way is processed by the Company in accordance with the procedure provided for by these Rules. The conditions specified in clauses 6.3., 6.3.a.-6.3.d. of these Rules also apply to the registration/log in of the User/Author to third-party resources due to their use by the User/Author when logging in to the Website according to the terms of these Rules.

    • 6.4. The User/Author undertakes to comply with all the requirements of the Company to ensure the functionality and security of the Website.

    • 6.5. The User/Author undertakes to make sure that there is no malicious software on their computer. The Company is not responsible for the damage caused otherwise.

    • 6.6. The User/Author undertakes not to violate the security rules and privacy policy of the Website.

    • 6.7. The User/Author undertakes to notify of any changes to their personal data.

    • 6.8. The User/Author undertakes not to use access to the Website to commit illegal actions.

    • 6.9. The User/Author undertakes to pre-evaluate the legality of their placement before posting information on the Website and to bear full responsibility to the Company and third parties for such actions. If there is any doubt as to the legality of any action, including the posting of the information, the Company recommends that no such action be taken.

    • 6.10. The User/Author undertakes to keep secret and not to provide to other Users/Authors and third parties any Users or Authors that have become known to them as a result of communication with other Users/Authors or other use of the Website personal data of other Users/Author and third parties without obtaining the corresponding prior permission of the latter.

  • 7. Rights of the Company

    • 7.1. The Company has the right, independently or with the help of third parties, to make changes to the Website, to sections of the Website, as well as to these Rules.

    • 7.2. The Company has the right to require the Author/User to comply with the rules of work with the Website, as well as security and other provisions set forth in this document.

    • 7.3. The Company has the right to take any actions aimed at the safe functioning of the Website.

    • 7.4. The Company has the right at any time to carry out planned technical work and emergency work to maintain the functioning of the Website.

    • 7.5. The Company has the right to exercise control over the management of the Author's literary works posted on the Website.

    • 7.6. The Company has the right to restrict the access of the User/Author to the management of their literary works posted on the Website, including removing any controversial texts, messages, materials and other objects, in case of violation by the User/Author of the terms of these Rules and/or presentation of any claims against the Company by other Users/Authors or third parties, and involve such infringer in the settlement of the dispute.

  • 8. Responsibilities of the Company

    • 8.1. Within its capabilities to ensure the security and functionality of the Website, including the possibility of registering the User/Author on the Website and posting and managing literary works, messages on the Website.

    • 8.2. To ensure the security of User/Author data from loss, disclosure and unauthorized access to data by third parties, the introduction of restricted access and access control to data for authorized employees of the Company.

  • 9. Processing of personal data

    • 9.1. By agreeing to these Rules, the User/Author confirms their consent to the processing by the Company of their personal data provided during registration on the Website, as well as posted by the User/Author voluntarily when using the Website. The processing of personal data of the User/Author is carried out in accordance with the General Regulation (Regulation of the European Union) on Data Protection (hereinafter referred to as the Regulation) and other regulations. The Company processes the personal data of the User/Author in order to provide services through the Website.

    • 9.2. The Company takes all necessary measures to protect the personal data of the User/Author from unlawful access, modification, disclosure or destruction.

    • 9.3. The Company is entitled to use the information provided by the User/Author, including personal data, in order to ensure compliance with the requirements of the Regulations and other normative acts (including to prevent and/or suppress illegal and/or illegal actions of Users/Author or third parties). The use and disclosure of personal data provided by the User/Author may be made only in accordance with the Regulations, including at the request of law enforcement agencies or the courts.

  • 10. Liability of the Company

    • 10.1. The Company is liable for the quality of the services provided through the Website with the reservations mentioned in these Rules.

    • 10.2. The Company is not liable for the damage caused to the User/Author, which may arise in the process or as a result of using the Website, as well as in the absence of the possibility of using it.

    • 10.3. The Company is not liable for direct or indirect damage, or lost profits of the User/Author or third parties.

    • 10.4. The Company is not liable for the damage caused to the User/Author as a result of illegal actions by third parties.

    • 10.5. The Company is not liable for damage caused to the User/Author as a result of the action of malicious programs in hardware or software, as well as due to incorrect entry of information when registering the User/Author on the Website.

    • 10.6. The Company does not guarantee the functional operation of the Website in the course of force majeure and due to unforeseen situations.

    • 10.7. This Website may contain links to other websites created and maintained by third parties, including the Company's partners, but the Company is not liable for these websites. When a User/Author clicks on any link to third-party websites, the Company is not liable for the actions of third-party sites regarding the protection and storage of User/Author information on the aforementioned websites.

    • 10.8. The Company is not liable for failures, errors and malfunctions in the operation of the software or hardware involved in the operation of the Website, which are caused by reasons beyond the control of the Company, as well as for damage that was subsequently caused to the User/Author.

    • 10.9. The Company is not liable for the content created and/or posted by Users/Authors and other persons who independently placed these objects on the Website without the direct participation of the Company, including literary works of the Authors and other messages, as well as for the damage caused as a result of such placement.

  • 11. Responsibility of the User/Author

    • 11.1. The User/Author is responsible for the accuracy, relevance, completeness and compliance with regulatory acts of the information provided on the Website and its purity from third-party claims. The Company is not responsible for the content, reliability and accuracy of registration data and materials published by Users/Authors.

    • 11.2. The User/Author is personally responsible for any information that they place on the Website and in its sections, including literary works, messages to other Users/Authors, as well as for any interactions with other Users/Authors.

    • 11.3. By purchasing the services provided by the Website ("Premium Account", "Trending works", "Trending requests", "Promo", "Name change" and others), the User/Author confirms to be familiar with these Rules; understands that materials violating the Rules will be deleted; understands that a refund for the service provided in case of violation of the Rules is not carried out.

  • 12. Website Premium account

    • 12.1. Complete disabling of advertising. The User can use the Website in full without viewing ads.

    • 12.2. Hiding unwanted materials. The user can specify the types, tags, ratings that will be hidden automatically and will not be displayed in their feed.

    • 12.3. Covers for works. With the help of an image that complies with the rules, the User can advertise their work among other works, increasing its visibility with the help of a bright, attention-grabbing cover.

    • 12.4. Custom profile background. With the help of an image that complies with the rules, the User can advertise their profile among other profiles with the help of a custom design.

    • 12.5. Profile avatar decoration. The User can advertise their profile and attract more attention to their comments and works with the help of an individually customizable avatar, using special decorative elements provided by the Website.

    • 12.6. Advanced statistics. The User gets access to more detailed statistics of their profile, including views of works, their downloads and other data that allows analyzing the needs of the audience.

    • 12.7. Customizable feeds. The User gets the opportunity to independently customize the display of the desired genres, ratings and warnings in order to follow the updates in the most convenient way.

    • 12.8. Access to emojis. The User can advertise and highlight their comments among other comments by making them more memorable with the help of emojis provided by the Website.

    • 12.9. Priority support. When contacting the support service, the Premium account holders receive the highest priority for consideration of the issue.

    • 12.10. Bookmarks. The User has access to functionality that allows them to return to reading at the place where they finished.

    The User understands and agrees that the "Premium account" Service is valid indefinitely and may be terminated at any time by the User's refusal to continue using this Service.

    The Website has the right to change the cost of the Service in connection with the introduction of promotional offers. The Website has the right to provide new Users with a trial period of access to the "Premium account" Service lasting 14 calendar days and costing 0 euro.

    Refunds for the prepaid period are made only within 48 hours from the date of payment. To do this, you need to write to the Website support service within 48 hours: Menu -> Contact -> Support, or to the e-mail address - support@fic.fan with the subject of the letter "Refund for the purchase of a Premium account" and state the reasons for the refund. In case of a positive decision, the funds will be returned to the User within 14 calendar days.

    The Website does not process or store payment data and bank card details of Users, and other payment details. The input of data and details by Users and their processing, as well as the debiting of funds, takes place on the side of the payment agent.

    The User has the right and the opportunity to send correspondence to the company at Riga, Burtnieku iela 36 - 1, LV-1084.

THE WEBSITE AND ITS SERVICES, INCLUDING ALL SCRIPTS, APPLICATIONS, CONTENT AND WEBSITE DESIGN ARE DELIVERED "AS IS". THE COMPANY DISCLAIMS ANY GUARANTEES THAT THE WEBSITE OR ITS SERVICES MAY OR MAY NOT BE SUITABLE FOR SPECIFIC PURPOSES OF USE. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE AND/OR ITS SERVICES.
The rights to all works published on the website belong to the authors of the works. The administration is not responsible for the content of the work.