Privacy Policy

Last Updated: June 3, 2025

1. Introduction

If you are here, you have reached us by visiting www.fictions.com, www.privatedivision.com, or one of the other websites owned and operated by Fictions, Inc. and its subsidiaries (the “Site”), or by registering or installing any of Fictions’ interactive software products offerings (the “Game(s)”), our content, events, applications, services, patches, updates, or tools, or by using any of our other online or offline services (collectively, the “Services”). Fictions, Inc. is committed to protecting your privacy. This Privacy Policy explains our collection, use, disclosure, retention, and protection of your personal information, as well as your rights to your data under applicable U.S. and international law. We may refer to Fictions, Inc. and its subsidiaries herein, collectively as “Fictions”, “we”, “our”, or “us.” Also, please note that unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. Please make sure that you have read and understand our Terms of Service. Where we are required to identify a data controller pursuant to regulation, Fictions is the designated controller of the data we collect.

This Privacy Policy applies to the Site, our Games (including without limitation enhancements and updates thereto), and our Services where this Privacy Policy is referenced, regardless of how they are accessed. This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services.

For our policies in connection with the personal information of job applicants and employees of Fictions, please refer to our Applicant & HR Privacy Notice here: www.fictions.com.

This Privacy Policy describes:

the information we collect, how we collect such information, and the purposes of our collection;
how we use and with whom we share such information;
how you can access and update your information; and
how we protect the information we store about you.

Disclosure to Residents of the United States: Laws in certain U.S. states give residents of those states specific rights with respect to the personal information collected about them. In our efforts to comply with applicable U.S. state law, we ask and advise that residents of California, Colorado, Connecticut, Utah, and Virginia review the “Additional Information for Residents of California and Certain Other U.S. States” at Section 14 of this Privacy Policy for additional information on how we handle your personal information, and the privacy requests you may make under applicable law. Although we do not sell user data, we will provide notice if at any time those circumstances change.

2. Information We Collect

When you interact with our Services, we may collect and store information from you directly as described below:

2.1 Registration Information

You may be asked to create a user account through our system before you can play or access certain Games or features (your “Account”). Your Account may be used to enjoy multiplayer and player-versus-player modes available in some of our Games, and may be used to publicly identify you as part of the social features of the Services, which may include user-to-user interaction, chat or messaging functionality, competitive gameplay and matchmaking, and other similar features.

We may also offer you the option to complete a user profile or provide information in a player dashboard that is accessible and editable only by you, and that may be viewable to other Fictions users. Your user profile may include a profile photo, a Fictions username, biographic details that you provide, details about the Games you play, and a Fictions user ID number that is created by Fictions and used to identify your profile.

Your Fictions username may be public and may be shown to other users, but we will only permit access to information that is considered public or that you have designated as public in your user profile settings. The information you include in your profile is optional, and we advise you to limit the information you share through this feature if you have concerns about your privacy.

Your Account will be used to identify your transactions and payment history, player sessions, player ratings or rankings, individual user settings, customized characters, in-Game currency, and other in-Game features that we may make available from time to time. We do not condone the sharing of your Account information or password with anyone, and we will never request such information in order to provide Services to you.

2.2 Payment Information

When you order any good or service through any of our Games, the purchase of the license will be made directly through our payment, currency, and account solutions providers, which may collect relevant information in connection with such purchase.

Please review the terms and conditions and privacy policies of the third-party payment processing service provider for more information. In addition, each time you make a purchase of a license, we will collect information relating to that in-app purchase, including but not limited to player ID, device ID, session ID, your current available currency, the USD value of the currency, and other information related to the transaction. Our payment processing service provider may also retain this information to enable you to purchase additional items through our Game without having to re-enter it each time. Please note that purchases from third parties may also be subject to additional policies.

2.3 Information Collected by Customer Support

When you ask for assistance from our customer support team, we will collect and store the contact information you provide (generally your name and email address), information about your gameplay or activity on the Games, and your username or ID number. We will also store the correspondence and any information contained within.

2.4 Technical and Usage Information

When you access our Services, we may collect (i) certain technical information about your gaming device, mobile device, or computer system, including IP Address, device ID (Google Advertising ID or other identifiers), anonymized player and account ID, session ID, marketplace purchases, transaction history and currency information, game play and player information, and the current version of your operating system; and (ii) usage statistics about your interactions with the Games. In certain Games we will create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as username, character name, or email address. We may also access your contacts to enable you to invite friends to join you in the Games. This information is typically collected through the use of third-party software development kits.

2.5 Location Information

We may acquire certain player data, which could include information about the territory or region from which you access our Games by converting your IP address into a rough geolocation. We may use location information to improve and personalize our Services for you.

3. How We Collect Your Information

We may collect information about you in any one or more of the following ways:

3.1 Communications Features

participating in player forums and message boards;
posting public comments to other users’ profiles or gameboards;
sending private messages or invitations to other users, either directly through the Games or to their email accounts;
sharing user generated content or photos, if such feature is made available; and
chatting with other users.

We may use, record, and store archives of these communications on Fictions’ servers to protect the safety and well-being of our users and Fictions’ rights and property in connection with the Services.

3.2 Cookies and Automated Information Collection

When you access our Services, we may collect certain technical information in order to (i) analyze the usage of our Services; (ii) provide a more personalized experience; and (iii) manage advertising. We and service providers acting on our behalf may use Log Files and tracking technologies to collect and analyze certain types of technical information, including Cookies, Flash Cookies, and Web Beacons.

“Log Files” means certain information about how a person uses our Services, including both registered and unregistered users (a “User”). Log Files may include information such as a User’s Internet Protocol (IP) addresses, device name, user language, time played, platform type, number of page clicks, player levels, player history, the amount of time spent on particular levels, campaign progression, player-versus-player sessions and rankings, Game state and the date and time of activity on our Site or the Games, webpage interactions and pages viewed, and other similar information. In some cases, we may associate this information with your account ID number for our internal use.

“Cookies” are small text files that are placed on your device by a web server when you access our Services. We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use Cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Services. Some Third-Party Service providers (including third-party advertisers) may also place their own Cookies on your device. Note that this Privacy Policy covers only our use of Cookies and does not include use of Cookies by such third-parties.

“Web Beacons” (also known as web bugs, pixel tags, or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to know if a certain page was visited or whether an email was opened, to advertise more efficiently by excluding our current users from certain promotional messages, to identifying the source of a new installation, to delivering ads to you on other websites. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages (or in an email).

“Flash Cookies” are local shared objects, which help us to prevent fraud, remember your in-Game preferences, and speed up load times.

Please note that companies delivering advertisements in the Games or on our Site may also use cookies or other technologies, and those practices are subject to their own policies.

3.3 Other Sources

We may collect or receive information from other sources including: (i) other Fictions users who choose to upload their contacts, and (ii) third-party information providers. We do not condition participation in our Services on you providing more personal information than is reasonably necessary for that activity.

4. How We Use Information We Collect

In general, we collect, store, and use your information to provide you with a customized experience. For example, we may use information collected from you in any one or more of the following ways:

We may use your personal information to fulfill a contract with you and provide you with our Services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:

to create Accounts and allow you to play certain Games;
to facilitate in-app purchases;
to enable user-to-user communications;
to provide technical support and respond to user inquiries;
to prevent, detect, mitigate, and investigate fraud or potentially illegal activities, and enforce our Terms of Service;
to provide other services requested by you as described when we collect your information;
to notify users of in-Game updates, or updates to our Terms of Service or this Privacy Policy; and
to provide in-Game leader boards and matchmaking, and to promote in-Game player achievements.

We may use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes:

to track user retention and aggregated gameplay information to improve the overall user experience for Fictions’ products and services;
to solicit input and feedback to improve Fictions’ products and services and customize your user experience;
to use general location information to provide you with location based services (such as matchmaking, search results, and other personalized content); and
to contact you with information that we reasonably believe may be relevant to you.

With your consent, we may use your personal information:

to inform users about new products or promotional offers.

If you have provided your email address to us, we may use it to respond to (i) customer support inquiries, and (ii) keep you informed of your in-Game activity, including comments from friends and notifications about in-Game status. With your consent, we may also send promotional email messages (“Promotional Communications”) directly or in partnership with parties other than Fictions. Each Promotional Communication will generally offer recipients choices about withdrawing consent so you no longer receive additional messages.

5. Sharing of Your Information

We may share your information (in some cases personal information) with third parties in the following circumstances:

5.1 Third-Party Service Providers and Third-Party Products and Services

We may provide your information to third-party companies to perform certain services, including but not limited to payment processing, data analysis, email delivery, hosting services, customer service, and to assist us in our marketing efforts. We direct all such Third-Party Service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on Fictions’ behalf.

We do not routinely share personal information with third parties except as may be necessary to provide Services to you. We may share (i) aggregated information (information about you and other users collectively, but not specifically identifiable to you); (ii) anonymous information; (iii) certain technical information (including IP Addresses and device or player IDs) to develop and deliver Services to you, including payment solutions; (iv) personally identifiable information, including payment information, address, phone number, identify verification, credit card number, and other personal information as may be necessary to provide such Services.

We may also allow third parties to collect these types of information within the Games and they may share it with us. Advertisers may collect this information through the use of tracking technologies like browser Cookies and Web Beacons.

We may disclose aggregated and anonymous information to describe the Services to prospective partners, advertisers, other third parties, and for other lawful purposes. We may use aggregate non-personally identifiable information for our own internal promotion or marketing purposes, and while we do not sell or rent your personally identifiable information to any third party, such aggregate non-personally identifiable information may be used to assist advertisers in targeting their services to specific user demographics.

In certain instances, you may need to opt-in or opt-out of advertising directly through our partners.

You may view a complete list of our Third-Party Service providers with links to their respective privacy policies as follows:

Third Party Service Provider Policies

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Google Cloud Platform	https://cloud.google.com/terms/cloud-privacy-notice
Zendesk	https://www.zendesk.com/company/agreements-and-terms/privacy-notice/

5.2 Friends and Other Players

In certain Games, friends and other players may be able to see your Game profile, which may include your name or a “game name” and your profile photo, which in certain cases can reveal your Account ID. Access to an Account ID may allow others to view the public information associated with your related Fictions Account. This information may also be shared with friends you invite to play certain Games.

5.3 Safety, Security and Compliance with Law

Your information may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant, or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that the Games are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally; and (v) in order to protect the rights or property of Fictions, including to enforce our Terms of Service.

5.4 Sale or Merger

In the event that Fictions undergoes a business transition, such as a merger, acquisition by another company, change of control, or sale of all or a portion of its assets, we may transfer all of your information, including personal information, to the successor organization in such transition.

6. Our Policies Concerning Children’s Privacy

Generally, we direct our Services to a general audience and we do not knowingly collect personally identifiable information from users deemed to be children under their respective national laws. We may direct certain Services to an audience of all ages---including children. For these Services, we may restrict the collection of personal information on the Services from anyone, apply an age gate allowing children to use the Services while restricting the collection of personal information on the Services from children, or get a parent's permission to collect personal information from children. If we become aware that a child has provided personal information without a parent's permission, we will take steps to delete such information from our files as soon as possible. We urge parents to instruct their children to never give out their real names, addresses, or phone numbers without permission.

If you are a parent or guardian and wish to review or change the information we may have about your child, please contact us at privacy@fictions.com. We will also be happy to remove your child’s information as appropriate.

7. How to Control Your Information

Under the European Union’s General Data Protection Regulation (GDPR), individuals residing in the EU and other territories that have adopted GDPR compliance or comparable regulation have a right to:

Access your user data;
Correct the data you have provided to us;
Have information provided to you in a portable format;
Request the deletion of the data we have collected;
Restrict processing; and
Object to processing or the legal basis on which we rely to process your data.

You may send an email to privacy@fictions.com with your request to exercise any of the rights identified above. Place the reason for your request (e.g., “Delete my Data” or “Correct my Data”) in the subject line and include your first name, last name, and email address in the body of the email. We will attempt to respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content through the Services, we may not be able to delete it. Accounts created with Fictions are considered active until we receive a user request to delete them or deactivate them. Any request to deactivate or delete an Account will not automatically result in information deletion unless so requested by the user, and only to the extent we are not required to retain such data to satisfy our legal obligations.

Please note that requests to restrict processing or delete your data may require the termination of your Account if we require the information subject to the deletion request to maintain your Account or otherwise provide gameplay Services to you.

We are unable to delete data controlled solely by third parties; for example, if you purchase a license to our Game through Steam, we won’t be able to delete your Game from your Steam library, nor the data collected by Valve in connection with your purchase or your Valve account. Similarly, if you access any of our Services through third-party social media or service platforms, such as Discord, or if you are routed to a Third-Party Service provider’s web page through our Services, you will need to make any deletion requests to those respective third parties separately.

Individuals Located in the EU: If we are unable to resolve any dispute with you, and you reside in an EU Member State, you may contact the regulatory authority in your Member State responsible for administering rights with regard to GDPR. You may also contact the reporting authority in the United Kingdom, the Information Commissioner’s Office, by following this link: https://ico.org.uk/.

Individuals located in the United States of America: For information and additional rights that may be available to individuals located in certain U.S. states, please review the “Additional Information for Residents of California and Certain Other U.S. States” at Section 14 of this Privacy Policy.

8. Opt-Out Options

8.1 Opting Out of Promotional Communications

You may choose to opt out of receiving promotional emails and product updates from Fictions by clicking on the “unsubscribe” link in any such email, or by opting out of such communications in your Game or Account preferences. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or email preference change will be processed promptly, usually within ten (10) business days.

8.2 Opt-Out Limitations

Please note that if you opt out of our Promotional Communications or other forms of communication, we may still email or communicate with you from time to time if we need to provide you with information and updates concerning this Privacy Policy or our Terms of Service, respond to a customer support or technical support inquiry, notify you of changes to your Account (including suspension or deactivation), respond to any customer service or technical support inquiry, request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons.

9. Security of Your Information

Accessing your Account, or any personally identifiable information stored through your Account, may be password protected and may provide for two-step authentication using a one-time password when first accessing our Services through any new computer or device, or when cookies are disabled. It is important that you protect and maintain the security of your Account and that you immediately notify us of any unauthorized use of your Account. We may encrypt the transmission of all information over public networks using secure socket layer (“SSL”) technology.

While we take reasonable precautions against possible security breaches of our Services, no website or internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted through our Services; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access.

10. Sharing Your Information For Direct Marketing Purposes

We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or other promotion through our Services. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information through our Services.

11. Social Media Communications

You may be able to take part in certain activities through our Services that give you the opportunity to communicate or share information not just with Fictions, but also with other users of our Services, generally by engaging with official Fictions social media accounts. We are not responsible for your use of those services. If you communicate to us or other users publicly via our social media accounts, you are strongly encouraged to review the privacy policies of those services if you have questions about the use of your data. We only access the information you make available to the public on our social media pages and do not receive any information concerning your social media account from any social media platform.

12. Links to Other Sites

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-Party Service”). Any information that you provide on or to a Third-Party Service or that is collected by a Third-Party Service is provided directly to the owner or operator of the Third-Party Service and is subject to the owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices, and policies of any Third-Party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-Party Services that you access.

13. International Transfer

Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your personal information to us, we may transfer your personal information to the United States and process it there.

14. Additional Information for Residents of California and Certain Other U.S. States

Under the laws of California and certain other U.S. states, including, Colorado, Connecticut, Utah, and Virginia, the residents of those U.S. states who have an established business relationship with us may choose to opt out of our disclosure of personal information about them to third parties for direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for their direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email privacy@fictions.com.

The California Online Privacy Protection Act (California Business & Professions Code §§22575-22579) requires operators of websites to disclose how they respond to “do not track” (DNT) signals from browsers used by consumers or other mechanisms that provide consumers a choice regarding the collection of personally identifiable information about the consumer’s online activities over time and across different websites or online services. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. While some newer browsers have incorporated “Do Not Track” features which, when turned on, send a signal or preference to the websites you visit indicating that you do not wish your online activity to be tracked, a DNT protocol that can be implemented across multiple devices and sites has not yet been widely adopted. Currently, our computer system does not support, and cannot act on DNT signal headers that we may receive; accordingly, the choices that we provide you concerning our collection and use of personally identifiable information will continue to operate as described in this Privacy Policy. For information about Do Not Track, please visit: www.allaboutdnt.org.

14.1 How Do We Use Your Information?

In addition to the details provided in Section 4 (How We Use Information We Collect), residents of California, Colorado, Connecticut, Colorado, Utah, and Virginia can refer to the table below, which identifies the categories of personal information we collect and provides examples of personal information in such categories.

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Category	Examples	Collected?	Reason for Collection (specifically identify business purpose if for business purpose)	Is the information “sold” to or “shared” with 3^rd Party?
Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	Yes	Email address for account signup and authentication, as well as direct communication with users	Yes
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	Yes	To respond to user’s questions regarding this Privacy Policy.	No
Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	No	n/a	n/a
Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	No	n/a	n/a
Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No	n/a	n/a
Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	No	n/a	n/a
Geolocation data.	Physical location or movements.	No	n/a	n/a
Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No	n/a	n/a
Professional or employment-related information.	Current or past job history or performance evaluations.	No	n/a	n/a
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No	n/a	n/a
Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No	n/a	n/a
Sensitive personal information.		No	n/a	n/a

We may obtain the categories of personal information listed in the table above from the following sources:

Directly from our users. For example, from users who engage us for customer support or to provide customer feedback.
Indirectly from our users. For example, through information we collect from our users in the course of providing customer support to them.
Directly and indirectly from activity on our Sites or in our Games. For example, from Cookies (described above) embedded in our Sites or Games to measure Game metrics and other information related to improving our Services.
From third-parties that interact with us in connection with the Services we perform. For example, from third party analytics or anti-cheat providers, or to ad mediators for the purpose of providing personalized advertising and marketing customized to you.

All such personal information is used as otherwise described in this Privacy Policy.

14.2 Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have not disclosed any personal information for a business purpose.

We may disclose your personal information for a business purpose to the following categories of third parties:

Our affiliates.
Service providers.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or Services we provide to you.
Our vendors.

14.3 Your Rights To Access, And Control Your Personal Information

Depending on your location in the U.S., applicable state law may provide you with some or all of the data rights listed below. However, such rights are not absolute and may be subject to certain exceptions.

Request access to or a copy of your personal information.
Request deletion of your personal information.
Request correction or modification of your personal information.
Be informed about the personal information we collect and/or process about you, the sources of personal information, and the third parties with whom information was shared or sold and for what purposes.
Withdraw consent, if processing is based on consent.
Opt-out of the sale or sharing of your personal information (including targeted advertising).
Opt-in/out of financial incentives.
Limit the use and disclosure of your sensitive personal information.

14.4 Exercising Your Rights

To opt out of the sale or sharing of personal information, please follow the instructions at Section 8 (Opt-Out Options) above.

You can also submit requests to exercise your data rights through any of the methods in Section 16 (Contact Us). Note we may ask for some confirmation details before actioning any request. Please keep in mind that limiting use of, or deleting, your personal information may impact features and uses that rely on that information.

14.5 Verification; Authorized Agents

We may need to verify your identity in order to process your request to exercise your data rights, and we reserve the right to confirm your identity and residency, and in our discretion, deny your request if we are unable to verify your identity or residency. You may authorize someone to make a request to exercise your rights on your behalf (an authorized agent). Authorized agents will need to demonstrate to us that you have authorized them to act on your behalf, or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity and/or verify the authenticity of the request directly with you.

14.6 Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will attempt to inform you of the reason and extension period in writing. The response we provide may also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

14.7 Appeals; Non-Discrimination

Users based in certain U.S. states, may have the right to appeal our decision regarding a request related to the data rights described above. If you wish to appeal a decision, please contact us through any of the methods in Section 16 (Contact Us). We will not discriminate against you for exercising any of your data rights. Unless permitted by the applicable law, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

14.8 Other California Privacy Rights

Separate from the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), California’s “Shine the Light” law (Civil Code Section 1798.83) permits users of our Sites who are California residents to annually request, free of charge, information regarding our disclosure of personal information (if any) to third parties for direct marketing purposes during the immediately preceding calendar year. While we do not share personal information collected online with third parties for their own direct marketing purposes and will not do so unless you agree to such disclosure, California residents may make such a request, by sending an email to privacy@fictions.com or using the information provided in the “Contact Us” section below. In your request, please identify yourself as a California resident and provide sufficient information so we can take appropriate action, such as your name, email address or any additional information required.

15. Changes to Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. If we decide to make material changes to our Privacy Policy, we may notify you and other users by placing a notice on www.fictions.com or by sending you a notice to the email address we have on file for you, and we’ll update the “Last Updated” date above. We may supplement this process by placing notices in the Games and on the Site. You should periodically check www.fictions.com and this page for updates so that you remain aware of what information we may collect and how we use it.

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16. Contact Us

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If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact us at the following:

By email:

privacy@fictions.com

By mail:

Fictions, Inc.

1370 N. Saint Andrews Place, Suite B6

Los Angeles, CA 90028

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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:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you believe has been infringed;
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;
Your name, address, telephone number, and email address;
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
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:

Your physical or electronic signature;
Your name, address, and phone number;
Identification of the material and its location before it was removed;
A statement under penalty of perjury that the material was removed by mistake or misidentification;
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
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.

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