Terms of Service

Last Updated: June 3, 2025

Fictions, Inc. and its subsidiaries (collectively, “Fictions”, “we”, “our”, “us”) provides interactive software products (“Game(s)”) via online services such as Steam, Xbox Live, PlayStation Network, Epic Store, Nintendo eShop, and Netflix (“Digital Storefronts”). We also own and operate various websites and their subdomains, including without limitation, www.fictions.com (our “Sites”) to provide access to information about Fictions, the Games or provide technical support to our customers.

Please read the following terms and conditions (“Terms of Service”) carefully. These Terms of Service govern your access to and use of our Sites, Games and Content (defined below) and set forth the legally binding terms for your use of the Sites, Games and Content. By accessing or using our Sites or by downloading and/or installing a Game (as applicable), you represent that you are: (i) at least thirteen (13) years of age or the age of majority in your country of residence, or (ii) your parent or legal guardian has consented to your use of the Sites or Game. If you are at least thirteen (13) years of age or the age of majority in your country of residence, you hereby accept and agree to be legally bound by these Terms of Service in their entirety on your own behalf, and you acknowledge that we may terminate your use of the Sites, Games or Content at any time subject to the terms set forth herein.  IF YOU ARE A PARENT OR LEGAL GUARDIAN WHO HAS CONSENTED TO YOUR CHILD’S USE OF THE SITES OR GAME, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND THAT YOU AGREE TO BE BOUND BY THE WITHIN TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION, BEING LIABLE FOR ALL USE OF Sites, Games and Content BY THE CHILD.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU ARE NOT PERMITTED TO ACCESS, DOWNLOAD, INSTALL, COPY, OR USE ANY GAME OR SITES. TO THE EXTENT APPLICABLE, IF YOU REJECT THESE TERMS OF SERVICE AFTER YOUR PURCHASE OF A LICENSE TO THE GAME FROM ANY DIGITAL STOREFRONT, YOU MAY ONLY INQUIRE ABOUT A POSSIBLE REFUND OF THE PURCHASE PRICE OF THAT GAME LICENSE FROM THE APPLICABLE DIGITAL STOREFRONT AND YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE APPLICABLE DIGITAL STOREFRONT’S RETURN POLICY.  IF YOU PURCHASED A LICENSE TO THE GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.

Additional terms and conditions set forth in the applicable End User License Agreement for each Game may apply to your use of the Sites or Games and such terms along with these Terms of Service shall apply. In case of any conflict between any term contained within an End User License Agreement and these Terms of Service, such End User License Agreement shall control.

We reserve the right to amend these Terms of Service in whole or in part, from time to time in our sole and absolute discretion, including without limitation the right to modify or discontinue the Sites, Games or Content in any and all respects.  We may, but are not obligated to, provide you with notice of such modifications by any reasonable means; however, you agree you will periodically check the Sites for updates. To determine when these Terms of Service were last revised, simply refer to the “Last Updated” legend at the top of these Terms of Service. Your continued use of our Sites or Games (as applicable) following our making available any revised version of these Terms of Service shall constitute your assent and acceptance of the revised version. If you do not agree to any changes made to the Terms of Service, you may not access or use Sites or Games (as applicable).

Definitions

Certain types of content are made available through the Site and our Games. “Content” includes, but is not limited to, the software, data, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, images, illustrations, forms, video, code, and all audio visual or other material appearing on or emanating to and/or from the Sites or Games, including their look and feel attributes, as well as the design and appearance of the Sites, the Fictions trademarks and logos and other content made available through the Sites and Games. “User Content” means any text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by individual users to the Site or Games.

Intellectual Property Rights

The Sites, Games and Content are owned by Fictions or Fictions’ third-party licensors and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content unless you are expressly authorized by us in writing to do so. You do not acquire any ownership rights in our Sites, Games or Content by using the Site, Games or Content.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Content, Sites or Games. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Sites, Games or Content. We reserve all rights in and to our Sites, Games and Content that are not expressly authorized by these Terms of Service. Making unauthorized copies of the Sites, Games and/or Content will result in the termination of your access to and use of the Sites and Games and further legal action. We, or our licensors, may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold us harmless from any unauthorized or illegal conduct by you, or through your use of the Sites or Games or Content.

User Comments and Feedback

Our Sites and Games may offer opportunities to interact and share information, including your opinions and thoughts with us and other users in Game or via forums, social media platforms (including without limitation, Discord, Twitch, YouTube, TikTok, Instagram, X (formerly known as Twitter), Facebook, and Reddit), Digital Storefronts, or via other initiatives. Please note that such opinions or views expressed, or statements made in those instances (other than by our authorized employees or agents) via posts, user comments, feedback, “wiki” entries, online chat (via social media platforms), or via the communication features of the Digital Storefronts (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Fictions or its licensors. 

We do not review, edit or modify User Comments prior to their publication.  However, we reserve the right to remove or modify any User Comments for any reason.  By sharing User Comments, you acknowledge that we may make such deletions or changes without notice to you, and that any such change or removal is not subject to review, appeal or revocation.

You retain ownership in your User Comments and any intellectual property rights contained therein, provided such User Comments do not contain Feedback (as defined below).  We may from time to time publicly make available or redistribute User Comments on our Sites, or through other means, press releases, or promotional and marketing materials. You hereby grant us a non-exclusive, perpetual, transferable, sublicensable, royalty-free, irrevocable right and license to use your User Comments in connection with the promotion of Fictions and its Games without any obligation of confidentiality, attribution or compensation to you or any third-party.

We welcome your feedback, comments and suggestions in connection with our Sites, Games and Content (“Feedback”). If you choose to provide us any such Feedback, you acknowledge and agree that all Feedback is submitted without any expectation of compensation, attribution, or confidentiality and further, all Feedback is our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. To the extent that any such rights cannot be assigned under applicable U.S. or international law, you hereby waive your existing and/or future rights and release us from any and all claims arising from our use of such Feedback.  At our request and expense, you further agree to execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.

Contributing Third-Party Content

We respect the intellectual property rights of others. You must have the legal right to upload User Content to the Sites or Games. You may not upload or post any User Content that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User Content. We may, without prior notice to you and in our sole judgment, remove User Content that may infringe the intellectual property rights of a third-party. If you are an infringer of our or a third-party’s intellectual property rights, we may terminate your access to and use of the Sites or Games without notice to you. If your access is terminated to the Sites or Games as a result of any infringement of intellectual property rights, you are not entitled to a refund. 

Infringements

To the extent possible under applicable law, we are not liable for any copyright infringement arising from any User Content or User Comments.  However, we have adopted and implemented a policy consistent with the U.S. Digital Millennium Copyright Act of 1998 (DMCA) (17 U.S.C. § 512) whereby we are able to provide the lawful owners of copyrighted works recourse in the event that their copyrights are infringed, provided our ability to do so is not superseded by the interests of any third-party platform used to share copyrighted works (in such event, you should look for the takedown procedure supplied by the relevant third-party platform).  If you believe that your copyrights are being violated by User Content, User Comments, or other materials located in our Games or on our Sites or other channels under our direct control, please contact us so that we may investigate your claims and, if appropriate, modify or remove the infringing material.  We require the following information before we are able to investigate your claim: 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

  2. A description of the copyrighted work that you believe has been infringed;

  3. A description of where the material that you claim is infringing is located or identified on the Sites or in the Games or other channels under our direct control, including a verifiable link to the material;

  4. Your name, address, telephone number, and email address;

  5. 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, and is not a permissible “fair use” of your work; and

  6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

The above information should be provided to our registered DMCA agent for notice of claims of copyright or other intellectual property infringement, who can be reached at:

Paul Hanson
Fictions, Inc.
1370 N. Saint Andrews Place, Suite B6
Los Angeles, CA 90028
Phone: (310) 304-3505
Email: support@fictions.com

If you believe your content has been taken down pursuant to the above procedures in error, we require the following information sent to the registered DMCA agent identified above before we can investigate your claim or re-post your content:

  1. Your physical or electronic signature;

  2. Your name, address, and phone number;

  3. Identification of the material and its location before it was removed;

  4. A statement under penalty of perjury that the material was removed by mistake or misidentification;

  5. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and

  6. Your consent to accept service of process from the party who submitted the takedown notice.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Fictions in connection with the written notification and allegation of copyright infringement. 

Contributing User Content; License to Fictions

When you contribute User Content to the Sites or a Game, you expressly grant to us a non-exclusive, perpetual, worldwide, complete, irrevocable, fully-paid and royalty-free right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third-party. You grant us all licenses, consents and clearances to enable us to use such User Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such User Content.

Third-Party Services

The Sites and Games may contain or link to third party websites or resources (“Third-Party Services”). You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such Third-Party Services or (ii) the content, products, or services on or available from such websites or resources (“Third-Party Materials”). Links to such Third-Party Services do not imply any endorsement by us of such Third-Party Services or Third-Party Materials available from such websites or resources. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Sources or Third-Party Materials. Third-Party Services, Third-Party Materials and links to other websites are provided solely as a convenience to you. 

Sweepstakes and Contests

We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Sites and Games. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Games, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.

Privacy

Personal information gathered in connection with your use of the Sites or Games, submitted with User Content, User Comments, Feedback or upon entry into Promotions shall be in compliance with Fictions’ Privacy Policy, which is available at www.fictions.com and incorporated herein by reference (“Privacy Policy”).

Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we may collect from you.  We provide our Privacy Policy to you separately because it is not an agreement to which you must consent in order to enjoy our products—instead, the policy exists solely to communicate or practices and your rights with respect to those practices; and your privacy rights are important to us and deserve your undivided attention.  Please take the time to review our Privacy Policy here: www.fictions.com.

If you have any questions about our Privacy Policy, please contact us at privacy@fictions.com. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as we do. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to the Sites or Games, you should consult that site’s privacy policy before providing any personal information.

Rules of Conduct

By agreeing to these Terms of Service with respect to our Sites and Games, you acknowledge that you may not:

  • Post, transmit, promote, or distribute User Content that is illegal.

  • Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

  • Transmit or facilitate distribution of User Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable. Hate speech is not tolerated.

  • Disrupt the flow of chat in chat interfaces with vulgar language, abusiveness, causing the interface to scroll excessively, use of excessive shouting (typing in all caps) in an attempt to disturb other users, “spamming” or flooding (posting repetitive text).

     

  • Impersonate another person (including celebrities), indicate falsely that you are our employee or our representative, or attempt to mislead users by indicating that you represent us or any of our partners or affiliates.

  • Engage in any commercial activities, including but not limited to any attempts to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or multi-tiered marketing scheme.

  • Attempt to get a password, account information, or other private information from any user.

     

  • Upload any software or User Content that you do not own or have permission to freely distribute.

  • Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.

  • Upload files that contain a virus or corrupted data.

  • Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

  • Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

  • Modify any part of the Sites, Games or Content that we do not specifically authorize you in writing to modify.

  • Post or communicate any other person’s personal information through the Sites or Games.

  • Attempt to interfere with, hack into or decipher any transmissions to or from our servers.

  • Attempt to use Games on or through any service that is not controlled or authorized by us.

  • Interfere with the ability of others to enjoy playing a Game or take actions that interfere with or increase the cost to provide Games for the enjoyment of all its users.

  • Obtain or attempt to obtain any unfair advantage, procure in-Game items, or bypass any game system by exploiting a bug, design flaw, technical issue, or by any other method.

Third-Party Services may also post additional rules that apply to your conduct on those services. You must also obey all applicable laws, regulations and rules that apply to your activities when you use the Sites or Games.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Fictions at support@fictions.com.

Termination

We reserve the right to terminate your access and prevent your use of any and all Sites or Games if you engage in illegal activity or violate these Terms of Service in our sole discretion. We reserve the right to investigate and pursue violations of any of the above, including intellectual property rights infringement and Sites and Games security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that we have no obligation to monitor your access to or use of the Sites, Games or Content or to review or edit any User Content, but we have the right to do so for the purpose of operating the Sites and Games, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, User Content, User Comments or other content that we, in our sole discretion, consider to be in violation of these Terms of Service or otherwise harmful to the Sites or Games.

NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES, GAMES AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, GAMES AND CONTENT AND ANY THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PERFORMED OR PROVIDED BY THE SITES OR GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, GAMES AND CONTENT AND ANY THIRD-PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES, GAMES AND CONTENT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITES, GAMES AND CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS IN THE OPERATION OF THE SITES, GAMES OR THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITES, GAMES, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITES, GAMES, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE FOREGOING EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITES, GAMES, CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE U.S. DOLLARS (US$5). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

Indemnity

You agree to defend, indemnify, and hold us and our employees, officers, directors, representatives and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Content, User Comments, your access to or use of our Sites, Games, or Content, or your violation of these Terms of Service.

Injunctive Relief

You agree that a breach of these Terms of Service will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.

Governing Law and Forum; Waiver of Class or Consolidated Action

These Terms of Service and any action related thereto are governed by the laws of the State of California (USA) without regard to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms of Use is expressly excluded. The parties agree that any judicial proceeding involving these Terms of Use shall be exclusively brought in a state or federal court located in Los Angeles County, California (USA) and each party hereby consents to the personal jurisdiction of, and venue in, such courts.  You hereby waive your right to participate in a class or consolidated action against Fictions and that ANY JUDICIAL PROCEEDING INVOLVING THESE TERMS OF SERVICE MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND CLAIMS OF MORE THAN ONE USER CANNOT BE BROUGHT JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

Entire Agreement; Severability; Waiver

Except as otherwise provided in any applicable End User License Agreement, these Terms of Service constitute the entire and exclusive understanding and agreement between Fictions and you regarding the Sites, Games and Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Fictions and you regarding the Sites, Games and Content. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. You also understand and agree that these Terms of Service and the Fictions Privacy Policy incorporated by reference into these Terms of Service, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any third-party. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision.

Notices

You consent to the use of: (i) electronic means to acknowledge and agree to these Terms of Service and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Service or your use of the Sites, Games or Content. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given (x) by us via email (in each case to the email address that you provide to us) or (y) by posting to the Sites or Games. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.