FICTIONEERS APP

terms of service

Please also review Fictioneers’ Privacy Policy.

Effective as of: June, 2021 

1. Terms

Please read these Fictioneers Terms of Service (the “Terms”), because the Terms govern your use of the App and are an agreement between you and Fictioneers, Ltd. (“Fictioneers,” “we,” “our,” or “us”). Fictioneers, Ltd. is a company headquartered at S4c Media Centre, Ty Glas Business Park, Llanishen, Cardiff, CF14 5DU, United Kingdom, who publishes real-world augmented reality mobile experiences, including the mobile game application “Wallace & Gromit: Fix Up The City” (“App”). 

If you are a minor in the country or region where you live, your parent or guardian must review and consent to these Terms, including our Privacy Policy, before you can use the App. 

By using the App, you are confirming that you (or, if you are a minor, your parent or guardian) have read and accepted these Terms and that you will comply with them. If you (or, if you are a minor, your parent or guardian) do not agree with these Terms, including our Privacy Policy, you must not use the App. 

Fictioneers may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on the App. It is important that you review any modified Terms before you continue using the App. If you continue to use the App, you are bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the App.

SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. If you are a user in the European Economic Area (“EEA”), or any other jurisdiction that does not allow such arbitration agreement, Section 16 does not apply to you.

If you breach these Terms, we may take action against you, including but not limited to terminating your account. You acknowledge that Fictioneers has no obligation to, and will not, reimburse or refund you for any content on the App that is lost due to involuntary suspension or termination of your Account.

Some exceptions to the Terms may apply based on your country or region of residence - please see the region-specific sections below.

2. PRIVACY 

Our App is designed to enable you to interact in game worlds blended with information from the real world. To provide the App, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy, which is part of these Terms and incorporated by reference, to help you understand what information we collect, how we use it and what choices you have when you use our App.

3. MINORS 

Users who are minors can use the App only if their parent or guardian has consented to their use of the App. 

If a parent or guardian no longer consents to a minor’s access to or use of the App, the parent or guardian should delete the minor’s App account by contacting futcsupport@fictioneers.co.uk providing the email account details and requesting removal, and should delete the App by following the instructions of the app store from which the App was downloaded.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FICTIONEERS DISCLAIMS ANY RESPONSIBILITY FOR ACTIVITIES CONDUCTED BY A MINOR WITH OR WITHOUT THE PERMISSION OF A PARENT. 

4. ACCOUNT REGISTRATION 

To use the App, you must create an account using your Apple or Google login credentials (an “Account”), and you must also have access to a supported device and network connection. Fictioneers does not support rooted or jailbroken devices.

You agree that you will not disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.


5. SAFE AND APPROPRIATE USE OF THE APP

While you are using our App, please be aware of your surroundings. You agree that in conjunction with your use of the App, you will maintain safe and appropriate contact with other people in the real world. You will not harass, threaten, or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or harm or liability of any kind. 

If you are a minor, your parent or guardian should supervise your use of the App.

Your use of the App is at your own risk, and you must not use the App to violate any applicable law, regulation, venue policies, or instructions as outlined in these Terms or encourage or enable any other individual to do so.

6. ACCOUNT SUSPENSION OR TERMINATION 

We may suspend or terminate your access to and use of the App, at our sole discretion, at any time and without notice to you, for any reason, including but not limited to (a) your failure to comply with these Terms; (b) fraud or misuse of the Content or the App by you; or (c) other unlawful activity associated with your Account. 

You may terminate your Account at any time by contacting futcsupport@fictioneers.co.uk providing the email account details and requesting removal. You may delete the App at any time by following the instructions of the app store from which the App was downloaded. 

Upon termination of or deletion of the App or your Account, the following provisions of these Terms will survive: Sections 6-11 and 14-19, and any other section which by its terms should naturally survive termination or deletion of the App or your Account.

7. LIMITED USE LICENSE 

Subject to any system requirements, Fictioneers grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the App solely for your personal use. All rights not specifically granted are reserved by Fictioneers. The App is licensed, not sold, for your use. Your license confers no title or ownership in the App, and should not be construed as a sale of any rights in the App.  These Terms shall also apply to patches or updates you may obtain for the App, unless that patch or update is accompanied by additional terms.  YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN THE APP OR THE CONTENT (AS DEFINED BELOW), INCLUDING, WITHOUT LIMITATION, ONLINE ACCOUNTS OR ANY VIRTUAL ITEMS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHTS IN AND TO THE APP AND CONTENT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FICTIONEERS AND ITS LICENSORS.


8. CONTENT AND CONTENT LICENSE

A. LIMITED CONTENT LICENSE

Subject to your compliance with these Terms, Fictioneers grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the App. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the App.

B. VIRTUAL ITEMS 

Users of legal age or parents or guardians of minor users may purchase virtual items outside the App (“Virtual Items”). Virtual Items are a category of Content, and may be used for the user’s personal, non-commercial use of the App. You acknowledge that you do not acquire any ownership rights in or to the Virtual Items. Any balance of Virtual Items does not reflect any stored value and you agree that Virtual Items have no monetary value and do not constitute currency or property of any type. Virtual Items can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will not obtain Virtual Items from any third party unless expressly authorized. Once you acquire a license to Virtual Items, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms and may result in cancellation of such Virtual Items or the termination of your Account.

All Virtual Items and other Content are provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Items are final and that we will not permit exchanges or refunds for any unused Virtual Items once the transaction has been made. If you live in the EEA, you have certain rights to withdraw from online purchases. However, please note that once you download Virtual Items from us, your right of withdrawal ends. You agree that (a) purchase of Virtual Items involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the EEA, we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format. 

Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Items, the Content, and/or the App, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Items, we will provide at least 60 days’ advance notice to you by posting a notice through the App, website or through other communications.

9. LICENSE CONDITIONS

LICENSE CONDITIONS: These licenses are subject to the following limitations (“License Limitations”). Any use of the App or Content in violation of the License Limitations will result in an immediate termination of your license, and continued use of the App will be an infringement of Fictioneers’ copyrights and other rights in and to the App and Content. 


You agree that you will not do, or allow, any of the following: 

  • commercially exploit the App or Content or any part thereof, including but not limited to (a) gathering in-App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c) selling, reselling, or renting the App, the Content, or your Account; 

  • subject to any system requirements, use the App on more than one system at the same time; 

  • make copies of the App or Content, in whole or in part; 

  • sell, rent, lease, license, distribute, or otherwise transfer the App or Content; 

  • use the App or Content, or any portion thereof, in a manner or for a purpose not permitted by these Terms;

  • subject to applicable laws, reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the software and other proprietary technology in the App or Content, in whole or in part; 

  • use, display, mirror, or frame the App or any individual element within the App, Fictioneers’ name, any trademark, logo, or other proprietary information contained in the App or Content, or the layout and design of any Content without Fictioneers’ or its licensors’ express written consent;

  • use any meta tags or other hidden text or metadata utilizing a trademark, logo, URL, or product name contained in the App or Content without Fictioneers’ or its licensors’ express written consent;

  • remove, disable, or circumvent any proprietary notices or labels contained on or within the App or Content; 

  • bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Fictioneers or any third party to protect the App or Content; or

  • export or re-export the App in violation of any applicable laws or regulations.

You agree that you will not do, or allow, any of the following while using the App:  

  • disrupt normal App functionality, or otherwise act in a manner that negatively affects other individuals and/or the overall App experience; 

  • harass, threaten, embarrass or cause distress or discomfort upon another individual or entity; 

  • impersonate any person or entity, including but not limited to Fictioneers; 

  • post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; 

  • intentionally or unintentionally violate any applicable law, regulation, or treaty while using or accessing the App; or 

  • invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right. 


Parents and guardians of children under the age of majority in their jurisdiction agree that you will be responsible for all uses of the App or Content by your child whether or not such uses were authorized by you. 

ALL RIGHTS GRANTED TO YOU UNDER THESE TERMS WILL TERMINATE IMMEDIATELY IN THE EVENT THAT YOU ARE IN BREACH OF ANY OF THE TERMS.

Although Fictioneers is not obligated to monitor access to or use of the App or Content, we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the App or Content. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

10. OWNERSHIP

All title, ownership rights, and intellectual property rights in and to the App and Content are owned by Fictioneers, affiliates of Fictioneers, or Fictioneers’ licensors. The App and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App or Content. The App and Content may contain certain licensed materials, and Fictioneers’ licensors may protect their rights in the event of any violation of these Terms. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A FICTIONEERS SYSTEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THESE ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FICTIONEERS. FICTIONEERS MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

11. USER FEEDBACK 

You can submit feedback, comments, and suggestions for improvements to the App (“Feedback”) by contacting futcsupport@fictioneers.co.uk with details. To the fullest extent permitted by applicable law, by submitting any Feedback you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Fictioneers a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such Feedback or incorporate the content of such Feedback into any form, medium, or technology now known or later developed throughout the universe, and agree that Fictioneers shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation (but subject to applicable laws), notice or attribution.  You waive and agree not to assert against Fictioneers or any of its partners, affiliates, subsidiaries or licensees, any moral or similar rights you may have in any of your Feedback.  

12. FOR RESIDENTS OF NORTH AMERICA – COPYRIGHT NOTICE 

If you believe that anything in the App or Content has been copied in a way that constitutes copyright infringement, please forward the following information to the copyright agent named below.  Your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. § 512(c)(3) or consult with an attorney prior to sending a notice hereunder.  To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below: 

  • your name, address, telephone number, and email address; 

  • a description of the copyrighted work that you claim has been infringed; 

  • the exact URL or a description of where the alleged infringing material is located; 

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 

  • a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent

Fictioneers, Ltd.

S4c Media Centre, Ty Glas Business Park, Llanishen

Cardiff, CF14 5DU, United Kingdom

Attn: COO

E-Mail: futcsupport@fictioneers.co.uk

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

13. THIRD PARTY WEBSITES OR RESOURCES 

The App may contain links to third party websites or resources. Fictioneers provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

Fictioneers is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the App and you hereby waive and release Fictioneers and any other party involved in creating or delivering the App or Content from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

14. FOR RESIDENTS IN NORTH AMERICA - INDEMNITY 

You agree to indemnify, defend, and hold Fictioneers, its partners, affiliates, licensors, contractors, officers, directors, employees, and agents harmless from all damages, losses and expenses arising directly or indirectly from your breach of these Terms and/or your acts and omissions in using the App.

15. DISCLAIMER OF WARRANTIES 

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE APP AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FICTIONEERS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FICTIONEERS MAKES NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FICTIONEERS MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP. YOU UNDERSTAND THAT FICTIONEERS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE APP. FICTIONEERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

16. LIMITATION OF LIABILITY 

FOR RESIDENTS OF NORTH AMERICA:

FICTIONEERS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE APP OR CONTENT, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF FICTIONEERS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. FICTIONEERS’ LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE APP. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

FOR RESIDENTS OUTSIDE NORTH AMERICA:

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE FICTIONEERS’ LIABILITY TO YOU:

FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;

FOR FRAUDULENT MISREPRESENTATION; OR

FOR ANY OTHER LIABILITY THAT MAY NOT, UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE, BE LIMITED OR EXCLUDED.

SUBJECT TO THIS, IN NO EVENT SHALL FICTIONEERS BE LIABLE TO YOU FOR ANY BUSINESS LOSSES AND ANY LIABILITY FICTIONEERS DOES HAVE FOR LOSSES YOU SUFFER IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE AND SHALL NOT, IN AGGREGATE, EXCEED THE GREATER OF THE FOLLOWING: THE TOTAL PRICE PAID BY YOU FOR THE APP (PLUS ANY PAID-FOR CONTENT) OVER THE PREVIOUS 12 MONTHS FROM THE DATE ON WHICH THE LIABILITY ARISES; OR THE SUM OF GBP£500 OR EQUIVALENT AMOUNT UNDER THE CURRENT FOREIGN EXCHANGE RATE.

17. FOR RESIDENTS OF NORTH AMERICA – BINDING ARBITRATION AND CLASS ACTION WAIVER 

YOU AGREE THAT DISPUTES BETWEEN YOU AND FICTIONEERS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF THE EEA, OR ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE “ARBITRATION” SECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17(a), “ARBITRATION,” BELOW.

A. ARBITRATION 

If you live in the US or another jurisdiction which allows you to agree to arbitration, you and Fictioneers agree that any disputes will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action”). Notwithstanding this arbitration agreement, Fictioneers reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, Content, or App.

Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide Fictioneers with written notice of your desire to do so by email to futcsupport@fictioneers.co.uk within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide Fictioneers with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further, unless both you and Fictioneers otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this Section 17(a) “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 18, “Governing Law and Exclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.

B. ARBITRATION RULES 

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

C. ARBITRATION PROCESS 

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form.) The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

D. ARBITRATION LOCATION AND PROCEDURE 

Unless you and Fictioneers otherwise agree, the arbitration will be conducted in a confidential manner, in the UK.  If your claim does not exceed £10,000, then the arbitration will be conducted solely on the basis of the documents that you and Fictioneers submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds £10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the arbitrator’s discretion, absent a showing of good cause, in no event shall the parties be allowed more than three (3) depositions per side, and there will be no corporate deposition of the type contemplated by Federal Rule of Civil Procedure 30(b)(6).

E. ARBITRATOR’S DECISION 

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential, and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of Section 16 “Limitation of Liability” as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Fictioneers will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

F. CHANGES TO DISPUTE RESOLUTION 

If Fictioneers changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (by email to futcsupport@fictioneers.co.uk) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Fictioneers in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

18. GOVERNING LAW AND EXCLUSIVE VENUE 

To the extent that these Terms allow you or Fictioneers to initiate litigation in a court, other than for small claims court actions, both you and Fictioneers agree as follows:

A. FOR RESIDENTS OF THE UNITED STATES, MEXICO, OR CANADA

Any claims arising out of these Terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) will be subject to the laws of the State of Delaware, without reference to conflict of laws principles. If any court or arbitrator determines that Section 17 above or any part thereof is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of these Terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the state where you were a citizen at the time you obtained or bought the App. In addition, you and we irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York City, New York to resolve any claims that are subject to exceptions to the arbitration agreement described in Section 17 above, or otherwise determined not to be arbitrable.

B. FOR RESIDENTS OF THE EUROPEAN UNION 

The laws of England and Wales govern the interpretation of these Terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the European Union country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the App. In addition, with respect to jurisdiction, you may choose either the courts of the country (e.g., the United Kingdom, the French Republic, or the Federal Republic of Germany) in which you acquired and use the Program, or in the alternative the courts of England and Wales or other court as applicable under the Brussels Regulation EC 44/2001.

19. GENERAL

A. ENTIRE AGREEMENT 

These Terms constitute the entire and exclusive understanding and agreement between Fictioneers and you regarding the App and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fictioneers and you regarding the App and Content.

B. SEVERABILITY 

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Fictioneers’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Fictioneers may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

C. FORCE MAJEURE 

Neither Fictioneers, any user, nor any other party involved in creating, producing, or delivering the App or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

D. NOTICE 

Any notices or other communications provided by Fictioneers under these Terms, including those regarding modifications to these Terms, will be given by posting the notices or communications to the App. 

E. WAIVER 

Fictioneers’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fictioneers. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

F. CONTACT INFORMATION 

If you have any questions about these Terms or the App, please contact Fictioneers at futcsupport@fictioneers.co.uk or S4c Media Centre, Ty Glas Business Park, Llanishen, Cardiff, CF14 5DU, United Kingdom.