Last Updated: [Specific Date, e.g., April 1, 2025]
The MoreFic mobile application (hereinafter referred to as the "Application"), the website: https://morefic.com (hereinafter referred to as the "Website"), and the content obtained through the Application, the Website, or our emails (hereinafter referred to as the "Content") are all distributed by [Company Name]. [Company Name] is a legal entity incorporated in accordance with the laws of [Place of Incorporation, e.g., the laws of Cyprus], with a registration number of [Specific Number] and a registered office address of: [Detailed Address] (hereinafter referred to as "us" or "the Company"). The Application, the Website, and the content, tools, transactions, and other services obtained through the Website or the Application are collectively referred to as the "Service" or "MoreFic".
These Terms of Use and Service Terms (referred to as the "Terms") are an agreement between you as a user of the Service (referred to as the "User") and us, MoreFic (referred to as "we", "us", "our" and other related expressions). Please read these Terms carefully before using the Service.
Your access to and use of the Service are subject to your acceptance and compliance with these Terms. These Terms apply to all visitors, users, and other persons who access or use the Service.
Section [Corresponding Clause Number of the Arbitration Clause] of these Terms contains a binding arbitration clause that affects your rights under these Terms regarding all Services. This arbitration clause provides that disputes shall be resolved through individual arbitration. There is no judge or jury in arbitration, and the appellate review process is less extensive than that in court proceedings. In addition, these Terms also contain disclaimers, limitations of liability, and a class action waiver.
By downloading, installing, or otherwise accessing or using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms (including the MoreFic Privacy Policy). If you do not agree to all the contents of these Terms, or if you are not eligible to use the Service for any reason stated in these Terms, you are expressly prohibited from using the Service, and you must immediately stop using it.
We reserve the right to change or modify these Terms at any time, at our sole discretion and for any reason. We will notify you of any changes by updating the "Last Updated Date" of these Terms, and you waive the right to receive specific notice of each such change.
It is your responsibility to review these Terms regularly to be aware of the latest updates. If you continue to use the Service after the date of publication of the revised Terms, it shall be deemed that you have been informed of and accepted any changes to the revised Terms.
MoreFic is an online literature platform that provides users with online reading services.
To use the Service, you must be at least 18 years old (or have reached the age of majority in your state or jurisdiction), and be capable of entering into a legally binding contract. We do not intentionally collect personal information from children under the age of 18. All users who are minors (usually under the age of 18) in their place of residence jurisdiction shall not use or access the Service in any way at any time.
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not been suspended or removed from the Service previously; (c) your registration and your use of the Service comply with all applicable laws and regulations.
You use the Service at your own risk and are fully responsible for your use of the Service. We shall not be liable for any actions you take while using the Service.
The Service may be modified, updated, interrupted, or suspended at any time without notice to you or any liability to you.
You do not need to register to access and use the Service. You may also create your personal account on the Service. During the registration process, you may be required to provide us with some personal information, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
You are responsible for maintaining the confidentiality of the username and password you specify during registration, and you are fully responsible for all purchases and other activities that occur under your username and password.
You agree to notify us immediately of any unauthorized use of your username or password, or any other security breach. We shall not be liable for any loss or damage caused by your failure to comply with these Terms. When accessing your account from a public or shared device, you should be particularly careful to prevent others from viewing or recording your password or other personal information. You are responsible for complying with all rules and restrictions regarding the use of any public or shared device, and we shall not be liable for your violation of such rules and restrictions. In addition, by using the Service, you acknowledge and agree that Internet transmissions are not completely private or secure. You understand that any messages or information you send to the Service may be read or intercepted by others, even if there is a specific statement indicating that a particular transmission (such as credit card information) is encrypted or otherwise protected. We shall not be liable for any loss or damage caused by the unauthorized use of your credentials. You shall not authorize others to use your account, nor shall you transfer or otherwise assign your account to any other individual or entity.
You can only use the virtual currency we call "Coins" to access the paid features of the Service. You can purchase Coins in separate packages. Such purchase functions are equivalent to "in-app" purchase options.
MoreFic reserves the right to set the prices of the Service. MoreFic will make reasonable efforts to ensure that the pricing information published on the Service remains up-to-date. We recommend that you regularly check our Service for the latest pricing information.
You authorize MoreFic to charge all amounts for the orders you place and any service level you choose according to these Terms. Payments for purchases (regardless of the amount and quantity) will be processed by a third-party service that makes the purchase (such as Google Play / Apple App Store). You can directly view the applicable "in-app" purchase rules and policies on Google Play / Apple App Store.
MoreFic may also allow users to obtain Coins by watching incentivized ads, incentivized interstitial ads, and/or other types of ads (hereinafter referred to as "Incentivized Ads") placed within the App. The reward amount (i.e., the number of Coins that users can obtain, etc.) may vary and will be displayed to each user in the App before the Incentivized Ads start. Incentivized Ads will only be served after the user explicitly chooses to watch them.
In view of this, you confirm and agree that we may allow third-party ads to be displayed in or related to the Service, including ads tailored to you. For more details on how we use your personal data for third-party advertising, please refer to our Privacy Policy.
MoreFic shall not be liable for any interaction you may decide to have with third-party advertisers, including but not limited to any reliance on the ads or any subsequent commercial transactions that may occur between you and the advertisers.
If you do not register for the Service or log in to your account, your tokens will be lost after resetting your device. If you have not registered or logged in to your account, please do not reset your device to avoid losing your tokens.
You can purchase the following types of subscriptions:
· Web Subscription; or
· Application Subscription
Once you subscribe, we (or our third-party payment processor) will automatically charge you the subscription fee on each renewal date. The subscription will automatically renew at the end of each cycle (monthly, every 3 months, every 6 months, or other time periods, depending on the option you choose at the time of purchase) until you cancel the subscription or we terminate your access to or use of the Application or the subscription according to the Terms.
After confirming the purchase, we will charge the corresponding subscription fee through the payment method you submitted. You authorize us to charge the corresponding subscription fee through the payment method you submitted.
By purchasing a subscription, you agree to pay the initial and regular subscription fees at the then-current subscription rate, and you accept the responsibility for all regular fees until you cancel the subscription.
You can purchase a subscription service for our Application on the App Store or Google Play. After subscribing, you can receive double gifts, enjoy premium customer support, and have your profile marked as a premium user.
You can cancel your subscription at any time. Deleting the Application will not cancel your subscription.
If you purchased a subscription on our Website: You can contact our customer support team at [Customer Service Email Address] at any time to cancel the subscription.
If you purchased a subscription on the App Store: You can cancel the subscription at any time by turning off auto-renewal in your Apple ID account settings. To avoid being charged, please cancel the subscription in your Apple ID account settings at least 24 hours before the end of the current subscription period. You can manage your subscription by yourself. Please visit the Apple Support page for more information on managing subscriptions (and how to cancel subscriptions).
If you purchased a subscription on Google Play: You can cancel the subscription at any time by turning off auto-renewal in your Google Play account settings. To avoid being charged, please cancel the subscription in your account settings at least 24 hours before the end of the current subscription period. You can manage your subscription by yourself. Visit the Google Support page for more information on managing subscriptions (and how to cancel subscriptions).
If you cancel the subscription, you still have the right to use the Application until the end of the current subscription period. If you fail to pay the subscription fee, violate the Terms, or for any other reason determined by us at our sole discretion, we may cancel your subscription.
To the maximum extent permitted by applicable law, we may change the subscription fee at any time. We will provide you with reasonable notice of any such price change by publishing the new price on the Application or through the Application and/or by sending you an email notification, or in other prominent ways. If you do not want to pay the new subscription fee, you can cancel the subscription before the change takes effect.
Unless otherwise provided by applicable law, all purchases on the Service are final and non-refundable and/or non-exchangeable. If you make a purchase using your Apple ID, the refund will be processed by Apple, not by us. Your purchase will be subject to Apple's applicable payment policy, which may also not provide for a refund.
If you cancel your subscription in the middle of the subscription period, you will not receive a refund for any part of the subscription fee paid for the then-current subscription period at the time of cancellation.
If you make a purchase using your Apple ID, the refund will be processed by Apple, not by us. Your purchase will be subject to Apple's applicable payment policy, which may also not provide for a refund.
Notice to Residents of Certain States in the United States. If you live in [Specific State Name, e.g., California] and cancel the Terms of Use at any time before midnight on the third business day after registering on this website without incurring any penalty or obligation, we will refund all the money you have paid within ten days from the date of your cancellation notice.
Notice to EU Residents: You hereby request the immediate performance of these Terms of Use and confirm that you will lose the right to revoke once these Terms of Use are fully performed. Therefore, if you cancel these Terms of Use within 14 calendar days from the date of registration on this website for any reason and without just cause, you are entitled to a corresponding refund (only for unused credits).
MoreFic may offer promotional offers with different functions and different prices to any MoreFic user. MoreFic may, at its sole discretion, limit these offers to specific users or non-users. Any promotional funds or tokens deposited by MoreFic into a user's account for the use of the Service still belong to MoreFic (these funds or tokens will never become the property of the user and will not be refunded to the user), and can only be used for thirty (30) days unless otherwise stated in the Service or in the emails sent to the user.
By using the Service, you represent and warrant that:
· You have the appropriate legal capacity and agree to comply with these Terms;
· You are at least 18 years old;
· You will not access the Service through automatic or non-human means, whether through robots, scripts, or other means;
· You will not use the Service for any illegal or unauthorized purpose;
· You are not subject to sanctions imposed by the United Nations Security Council, the United States of America, the United Kingdom, the European Union, and/or the country of your citizenship or nationality, and you are not in a country subject to any such sanctions or in a country or region designated as supporting terrorism by the United Nations, the United States of America, the United Kingdom, and/or the European Union; and
· Your use of the Service will not violate any applicable laws or regulations.
If you are under 18 years old, you are not allowed to use the Service.
If you provide any untrue, inaccurate, outdated, or incomplete information, we have the right to refuse any current or future use of the Service (or any part thereof).
Certain features of the Service may allow users to upload content to the Service, including original literary works, suggestions, messages, comments, reviews, photos, videos, images, data, text, and other types of works ("User Content"), and allow users to publish User Content on the Service. You retain the copyright and any other ownership of the User Content you publish on the Service.
You are fully responsible for the User Content you publish or post on the Service and for the consequences of publishing or posting such User Content. By publishing or posting User Content, you confirm, represent, and warrant that:
· You are the creator or owner of the User Content, or you have the necessary licenses, rights, consents, and permissions to authorize MoreFic and the users of the Service to use and distribute your User Content as needed to exercise the license you grant to MoreFic in these Terms and in any other agreement between you and MoreFic;
· Your User Content and the use of your User Content as provided in these Terms will not:
· Infringe, violate, or misappropriate the rights of any third party, including any copyright, trademark, patent, trade secret, moral rights, right of privacy, right of publicity, or any other intellectual property or proprietary rights;
· Contain any form of plagiarism;
· Defame, slander, libel, or violate the right of privacy, right of publicity, or other property rights of any other person;
· Contain any offensive, defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially discriminatory, or illegal materials;
· Violate any other MoreFic policies or guidelines applicable to your User Content;
· Cause MoreFic to violate any laws or regulations.
MoreFic does not endorse any User Content or any opinions, recommendations, or suggestions expressed in any User Content. You agree to waive any legal or equitable rights or remedies you have or may have against MoreFic regarding the User Content. We expressly disclaim any and all liability related to the User Content. If a user or content owner notifies us that the User Content is suspected of not complying with these Terms, we may investigate the allegation and, at our sole discretion, decide whether to delete the User Content. We reserve the right to delete the User Content at any time without prior notice. It should be clear that MoreFic does not allow copyright infringement activities in the Service.
You understand and agree that we have no obligation to edit or control the User Content, nor will we assume any liability or obligation for the User Content in any way. MoreFic reserves the right to delete, edit, or block any User Content at any time, at its sole discretion and for any reason, without prior notice. The following is a list of examples of illegal or prohibited User Content in the Service:
· User Content that is obviously offensive to the online community, such as advocating racism, prejudice, hatred, or any form of physical harm, harassment, or inciting the harassment of others against any group or individual;
· User Content that promotes offensive, false, defamatory, discriminatory, misleading information, or promotes illegal activities or behaviors that are offensive, abusive, threatening, obscene, discriminatory, defamatory, or slanderous to others;
· User Content that contains inciting religious comments or inaccurate or misleading religious text citations;
· User Content that infringes, violates, or misappropriates the rights of any third party, including any copyright, trademark, patent, trade secret, moral rights, right of privacy, right of publicity, or any other intellectual property or proprietary rights, or contains any form of plagiarism;
· User Content that advocates the illegal or unauthorized copying of others' copyrighted works, such as providing pirated computer programs or links to them, providing information on circumventing copy protection devices installed by manufacturers, or providing pirated images, audio, or video, or links to pirated image, audio, or video files;
· User Content that contains realistic depictions of the killing, maiming, torturing, or abuse of people or animals, or content that encourages violence;
· User Content that contains restricted or password-only access pages, or hidden pages or images (pages or images not linked to or from another accessible page);
· User Content that contains false information and functions, including inaccurate device data or deceptive/joke functions, such as false location trackers;
· User Content that provides materials that sexually exploit or violently exploit persons under the age of 18, or solicits personal information from anyone under the age of 18;
· User Content that provides instructional information on illegal activities, such as manufacturing or purchasing illegal weapons, violating the privacy of others, or providing or creating computer viruses;
· User Content that engages in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or
· User Content that has the characteristics of pornographic or adult content, including but not limited to content depicting sexual acts, exposed genitals, or other graphic materials.
You shall not access or use the Service for any purpose other than the purpose for which we provide the Service. You shall not use the Service for any commercial activities, except for the commercial activities expressly
approved or endorsed by us.
As a user of the Service, you agree not to:
· Systematically retrieve data or other content from the Service without our written permission, in order to directly or indirectly create or compile a collection, compilation, database or directory of such data or other content;
· Use the Service without authorization;
· Infringe or encourage others to infringe the rights of any third party, including infringing or misappropriating the intellectual property rights of any third party;
· Make any modifications, adaptations, improvements, enhancements, translations or derivative works of the Service;
· Use the Service for any revenue-generating activities, commercial enterprises or other purposes not designed or intended for it;
· Provide the Service through a network or other environment that allows multiple devices or users to access or use it simultaneously;
· Use the Service to create products, services or software that directly or indirectly compete with the Service or substitute for the Service in any way;
· Use any proprietary information or any of our interfaces or our other intellectual property rights when designing, developing, manufacturing, licensing or distributing any applications, accessories or devices for the Service;
· Circumvent, disable or otherwise interfere with the security-related functions of the Service;
· Build or link to the Service without authorization;
· Interfere with, disrupt or impose an undue burden on the Service or any network or service connected to the Service;
· Decrypt, decompile, disassemble or reverse engineer any software that constitutes or is in any way part of the Service;
· Attempt to bypass any service measures designed to prevent or restrict access to the Service or any part of the Service;
· Upload or distribute in any way files containing viruses, worms, Trojan horses, corrupted files or any other similar software or programs that may damage the operation of other people's computers;
· Use, launch, develop or distribute any automated systems, including but not limited to any spiders, robots, cheating tools, scraping tools or offline readers that access the Service, or use or launch any unauthorized scripts or other software;
· Use the Service to send automated queries to any website or send any unsolicited commercial emails;
· Exploit children in any way, including audio, video, photography and any other digital content;
· Promote offensive and abusive information and any other types of information and behaviors prohibited by these Terms;
· Engage in any activities that, in our opinion, disparage, tarnish or otherwise damage us and/or the Service;
· Use the Service in a manner that does not comply with any applicable laws or regulations.
Unless otherwise stated, the Service is our proprietary property. All source code, databases, functions, software, visual interfaces, designs, audio, video, text, photos and graphics in the Service, as well as all User Content (collectively referred to as "Content"), and the trademarks, service marks and logos contained therein (collectively referred to as "Marks") are owned or controlled by us or licensed to us, and are protected by law. The Content, Marks and the Service are provided "as is" in the Service, solely for your reference and personal use.
Unless expressly provided in these Terms, without our prior express written permission, you shall not copy, reprint, summarize, republish, upload, post, publicly display, publicly perform, code, translate, transmit, distribute, sell, license or otherwise exploit any part of the Service, as well as any Content or Marks for any commercial purpose.
Provided that you are eligible to use the Service and fully comply with these Terms, we grant you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license solely for your personal, non-commercial use to install, access and use the Service on wireless electronic devices you own or control, and to access and use the Service on these devices in strict accordance with these Terms.
The license granted to you to use the Service is limited to the license to use the Website or the Application on devices using the Android/iOS operating systems, and you must comply with the usage rules specified in the applicable Google Play/Apple App Store service terms.
Subject to your full compliance with the Terms, and within the scope of the rights we are legally authorized to grant, we grant you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license solely for your personal non-commercial use to access the User Content.
For the avoidance of doubt, these Terms do not transfer to you any intellectual property rights that we or any third party has in the User Content, and all rights, title and interest in the works remain with the applicable owners.
By publishing or posting User Content, you grant MoreFic and its affiliated companies, licensees and successors a non-exclusive, unrestricted, irrevocable, permanent, global, royalty-free, fully sublicensable (through multiple tiers) license to host, store, transfer, use, display, publicly perform, copy, transmit, broadcast, distribute, edit, format, modify, reproduce, extract and create derivative works of any work, in whole or in part, in any medium now known or unknown, to the maximum extent and for the longest duration permitted by applicable law (including permanently if permitted by applicable law).
To the maximum extent permitted by law, you agree to indemnify, defend and hold the Service and all of its subsidiaries, affiliated companies, officers, agents, other partners and employees harmless from and against any loss, liability, claim or demand (including reasonable attorney's fees and costs) made by any third party arising out of or in connection with or resulting from your use of the Service in violation of this Agreement and/or your breach of this Agreement and/or any of your above representations and warranties. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and in such case, you will cooperate fully with us and indemnify us in full.
The Service is for personal use only and shall not be used for any commercial purpose. No organization, company and/or enterprise shall use the Service for any purpose.
We value data privacy and security. Please review our Privacy Policy. It contains information that you should read before using the Service.
By using the Service, you agree to be bound by the Privacy Policy, which is incorporated into these Terms by reference.
These Terms shall remain in effect for as long as you use the Service. You may terminate your account at any time by contacting our customer service at [mail.morefic@gmail.com]. If you terminate your account, you are still obligated to pay all outstanding fees (if any) incurred for your use of the Service prior to the termination.
Without limiting any other provision of these Terms, we reserve the right, at our sole discretion, for any reason or no reason, including but not limited to a breach of any representation, warranty, promise or any other provision in these Terms or any applicable laws and regulations, to refuse anyone access to and use of the Service (including blocking certain IP addresses) without prior notice or liability. We may, at our sole discretion, terminate your use of or participation in the Service, or disable, suspend or terminate your account without prior notice or liability.
MoreFic will immediately terminate the accounts of users determined by MoreFic to be "repeat infringers" without further notice. A repeat infringer is a user who has received a notice of infringing activity or whose User Content has been removed from the Service at least twice.
In addition, we reserve the right to take appropriate legal actions, including but not limited to seeking civil, criminal and injunctive remedies.
We provide assistance and guidance through our customer service representatives. We may from time to time create profiles created, maintained and managed by our employees ("Employee Profiles"). These Employee Profiles are intended to ensure the normal operation of our Service by testing the Service, features and functions, as well as researching our products and services. All Employee Profiles are identifiable, and if you choose to communicate or interact with an Employee Profile, you will be informed of the nature of that Employee Profile.
By providing us with your mobile phone number, you consent to receive text messages via that number as required for account verification, message notifications, and other purposes related to the Service. Although we do not charge for text messages, your carrier may charge standard text, data and other fees. You are responsible for these fees. We may send and receive text messages through mobile phone carriers or other networks, and the reliability level may vary. We are not responsible for the timeliness or final delivery of text messages, as this is beyond our control and is the responsibility of the mobile phone carrier or other network. Notwithstanding the above, we will still use your mobile phone number in accordance with our Privacy Policy.
By providing us with your telephone number, you consent to receive automated dialed or prerecorded calls from us at the telephone number you provided to us (including any mobile phone number and/or any number on the Do Not Call list) in order to: (a) facilitate conversations between you and other users; or (b) otherwise provide our Service or enforce these Terms. You are not required to consent to these calls as a condition of purchasing the Service. Standard telephone minute charges may apply. We may, at our sole discretion and without further notice or warning, monitor or record telephone conversations between us and you or any person acting on your behalf for quality control and training purposes or to protect our rights, and you expressly consent to such monitoring.
When communicating with our customer service representatives, you agree not to make abusive, obscene, profane, offensive, sexist, threatening, harassing, racially discriminatory or other inappropriate remarks, nor to engage in other inappropriate behaviors. If we believe that your behavior towards any of our customer service representatives or other employees does not comply with the above provisions at any time, we reserve the right to immediately terminate your membership (without prejudice to the generality of the other provisions of this Agreement).
We may provide you with access to third-party links and websites, and we do not monitor, control or input these links and websites.
You acknowledge and agree that we provide such third-party links and access to third-party websites "as is" and "as available", without any warranty, representation or condition of any kind, and we shall not assume any liability. We shall not be liable for any liability arising out of or in connection with your use of third-party links or websites.
Your use of any third-party links or websites provided through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the relevant third-party providers providing the third-party links and websites.
We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Service (or any part thereof) at any time, at our sole discretion and for any reason, without prior notice.
We shall not be liable to you or any third party for any modification, price change, suspension or termination of the Service.
We cannot guarantee that the Service will always be available. We may encounter hardware, software or other problems, or need to perform maintenance related to the Service, which may result in service interruptions, delays or errors.
You agree that we shall not be liable for any loss, damage or inconvenience caused by your inability to access or use the Service during service outages or interruptions.
Nothing in these Terms shall be construed as our obligation to maintain and support the Service or to provide any corrections, updates or releases related to it.
These Terms shall be governed by and construed in accordance with [Specific Applicable Law Region, e.g., the laws of Cyprus] (excluding conflict of laws provisions).
If any litigation related to any dispute under this Agreement is not submitted to arbitration for any reason, each party shall submit to the exclusive jurisdiction of [Specific Court Jurisdiction Region, e.g., the courts of England and Wales] to resolve any dispute arising out of or in connection with this Agreement, and accordingly, the relevant litigation must be submitted to such courts.
Both parties irrevocably submit to the personal jurisdiction and venue of [Specific Court Jurisdiction Region, e.g., the courts of England and Wales] and waive any defense of improper venue or forum non conveniens.
Please read the following arbitration agreement in Section 17 carefully ("Arbitration Agreement"). This agreement requires you to resolve disputes with MoreFic through arbitration and restricts the ways you can seek remedies from us.
This Arbitration Agreement governs any dispute between you and MoreFic (and our respective agents, parent companies, subsidiaries, affiliated companies, predecessors in interest, successors and assigns), including but not limited to claims arising out of or in connection with any aspect of the relationship between you and MoreFic, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory; claims arising before these Terms or any previous agreement; and claims that may arise after the termination of these Terms. However, (1) if your claim is within the jurisdiction of your place, you may file a claim in a small claims court; (2) you or MoreFic may seek equitable relief in court for acts of infringement or other misuse of intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents). This Arbitration Agreement shall apply without limitation to all claims arising or made before the effective date of these Terms or any previous version of these Terms.
The relevant arbitrator shall have full authority to determine the applicability of the Arbitration Agreement in each specific case. If a dispute involves both arbitrable and non-arbitrable matters, both parties expressly agree that any legal proceedings related to the non-arbitrable matters shall be suspended until the arbitrable matters are resolved.
Most disputes can be resolved without arbitration. If you have any dispute with MoreFic, you agree to contact us at [mail.morefic@gmail.com] and provide a brief written description of the dispute and your contact information before taking any formal action. Both parties agree to make their best efforts to resolve any dispute, claim, issue or disagreement through direct negotiation with MoreFic, and good faith negotiation is a prerequisite for either party to initiate arbitration.
If the parties fail to reach a mutually acceptable solution within sixty (60) days from the date of initiating informal dispute resolution in accordance with the above "Initial Dispute Resolution" clause, either party may initiate binding arbitration in accordance with the following terms as the sole means of resolving the claim. Specifically, all claims arising out of or in connection with these Terms (including the formation, performance and breach of these Terms), the relationship between the parties and/or your use of the Service shall be finally resolved through a binding arbitration proceeding presided over by a single arbitrator, and the arbitrator shall be administered by the following:
· If you are not a resident of the United States, you may file for arbitration with [Specific Arbitration Institution, e.g., the London Court of International Arbitration ("LCIA")]. The dispute shall be subject to the latest version of the LCIA Arbitration Rules at the time of submitting the notice of arbitration. For information on the LCIA Rules, please visit [Specific Website, e.g., https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx]; or
· If you are a resident of the United States, please contact [Specific Arbitration Institution, e.g., JAMS]. Disputes involving claims and counterclaims with an amount of less than $250,000 (excluding attorney's fees and interest) shall be subject to the latest version of JAMS' Streamlined Arbitration Rules and Procedures, which can be accessed at [Specific Website, e.g., https://www.jamsadr.com/rules-streamlined-arbitration/]; all other claims shall be subject to the latest version of JAMS' Comprehensive Arbitration Rules and Procedures, which can be accessed at [Specific Website, e.g., https://www.jamsadr.com/rules-comprehensive-arbitration]. You can also visit [Specific Website, e.g., https://www.jamsadr.com] or call [Specific Telephone Number, e.g., 800 - 352 - 5267] to contact JAMS for JAMS rules.
In each case, the relevant arbitration rules as modified by this Arbitration Agreement shall apply. If there is a conflict between the applicable arbitration rules and these Terms, these Terms shall prevail, unless otherwise agreed by both parties and the relevant arbitrator.
If the relevant arbitration administrator is unable to conduct the arbitration, the parties will select another arbitration institution.
1. Initiation of Arbitration: To initiate arbitration, you must follow the instructions provided at the following websites:
· [Website for Initiating Arbitration Applicable to LCIA, e.g., https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION]; or
· For JAMS, the website is [Specific Website for Submitting Arbitration, e.g., https://www.jamsadr.com/submit/].
2. Arbitration Fees: If you are a consumer and initiate arbitration, you only need to pay $250, and the remaining application fees (if any) will be borne by us. If the arbitrator determines that the arbitration you initiated is not frivolous and/or malicious, all other arbitration fees will be borne by MoreFic. If MoreFic initiates arbitration against you and you are a consumer, MoreFic will pay all fees related to the arbitration. Unless otherwise provided by the arbitration rules and/or applicable law, each party shall bear its own attorney's fees.
If either party submits a dispute
involving an arbitration issue to a court other than for arbitration, the court or the arbitrator has the
right to award the other party compensation for the reasonable costs, fees and expenses (including
reasonable attorney's fees) incurred by the other party as a result of successfully suspending or dismissing
that other proceeding in whole or in part or otherwise forcing compliance with this Arbitration
Agreement.
3. Selection of Arbitrator: The arbitrator must be neutral, and you will have a reasonable
opportunity to participate in the process of selecting the arbitrator.
4. Arbitration Hearing: The
arbitrator will conduct the hearing (if any) via teleconference or video conference (based on written and/or
electronic document submissions), rather than in person, unless the arbitrator determines that an in-person
hearing is appropriate at your or our request. Any in-person hearing will be held at a location reasonably
convenient to both parties, taking into full consideration the travel capabilities of both parties and other
relevant circumstances, but
if you are a consumer, you have the
right to participate in an in-person hearing in your home region. If the parties cannot agree on the
location, the arbitration administrator or the arbitrator shall make the decision.
5. Consumer Remedies:
If you are a consumer, the remedies available to you under applicable law will still be available to you
under this Arbitration Agreement, unless you reserve the right to seek such remedies in court under this
Agreement.
6. Discovery of Non-Privileged Information: As part of the arbitration, both you and we will
have the opportunity to discover non-privileged information relevant to the claim.
Upon the request of either party,
the arbitrator will issue an order requiring that no confidential information disclosed by either party
during the arbitration (whether in documentary or oral form) be used or disclosed except in connection with
the arbitration or the proceedings to enforce the arbitration award, and any permitted submission of
confidential information must be made under seal.
7. Communication with the Arbitrator: When
communicating with the arbitrator, both parties must participate with each other - for example, invite the
other party to participate in the teleconference and copy the other party on any written materials (such as
letters or emails). To the extent practicable, meetings with the arbitrator will be conducted via
teleconference or email. Ex parte communication with any arbitrator is not permitted.
8. Choice of Law:
The arbitrator shall apply:
· If you are not a resident of the United States, the [Specific Law, e.g., the laws of England and Wales (also known as English law)], without regard to the conflict of laws rules of English law; or
· If you are a resident of the United States, the [Specific Law, e.g., the laws of Delaware] consistent with the Federal Arbitration Act and the applicable statute of limitations, and shall respect the privilege claims recognized by law.
1. Arbitrator's Award: The arbitrator's award will be presented in the form of a written statement clarifying the disposition of each claim. The award will also provide a concise written statement clarifying the important findings and conclusions on which the award is based.
The arbitration award shall be final and binding on both parties. Any court having jurisdiction may enter judgment on the arbitrator's award.
The arbitrator has no authority to award punitive damages. Neither you nor MoreFic agrees to any class arbitration, and the arbitrator has no authority to conduct arbitration on that basis. A party may only assert a claim or counterclaim in its individual capacity and not as a plaintiff or class member in any so-called class action. The arbitrator shall not consolidate the claims of multiple persons or otherwise preside over any form of class action. Under the Arbitration Agreement, the arbitrator shall not consolidate or combine the claims of multiple parties without the written consent of all affected parties to the arbitration proceeding.
By agreeing to the arbitration of disputes as described herein, you agree to waive your right to a jury trial and limit your right to appeal, and you understand that you are waiving your right to other available resolution procedures, such as court litigation.
Notwithstanding the parties' determination to resolve all disputes through arbitration, either party may bring an action in a court of competent jurisdiction or other relevant national authority to protect its intellectual property rights for enforcement actions, validity determinations or claims arising out of or in connection with the theft, piracy or unauthorized use of intellectual property. Either party may also seek relief in a small claims court for disputes or claims within the jurisdiction of the small claims court.
You have the right to opt out and not be bound by the above arbitration and class action waiver provisions. You can send an electronic notice to [mail.morefic@gmail.com] informing us of your decision to opt out, with the subject line "Arbitration and Class Action Waiver Opt-Out". The notice must be sent within (a) 30 days from the effective date of these Terms; or (b) the date of your first use of the Service that substantially contains any version of this Arbitration Agreement (including the class action waiver) (whichever is later). Otherwise, you will be obligated to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of this Arbitration Agreement, MoreFic will also not be bound by it.
To be effective, the opt-out notice must include your full name and clearly indicate your intention to opt out of the binding arbitration. Opting out of the binding arbitration means that you agree to resolve disputes in accordance with Section 16 "Applicable Law and Venue".
If any part of this Arbitration Agreement is found to be unenforceable or illegal for any reason, then (a) such unenforceable or illegal provision shall be severed from these Terms; (b) the severance of such unenforceable or illegal provision shall have no effect on the remaining part of this Arbitration Agreement or the ability of either party to compel arbitration of any remaining claims in an individual manner in accordance with this Arbitration Agreement; and (c) if any claim must therefore be brought on a class, consolidated or representative basis, such claim must be brought in court in accordance with Section 16 "Applicable Law and Venue", and the parties agree that the litigation of such claims shall be stayed until the arbitration has rendered a decision on any individual claim. In addition, if any part of this Arbitration Agreement is found to prohibit an individual claim for public injunctive relief, such provision will be unenforceable to the extent that it allows such relief to be sought through arbitration, and the remaining part of this Arbitration Agreement will be enforceable.
This Arbitration Agreement shall survive even if you terminate your use of the Service.
This Agreement and all other terms referred to in this Agreement constitute the entire agreement between you and us regarding the use of the Service. If any provision of these Terms is held to be invalid, the remaining provisions of these Terms shall remain in full force and effect.
All policies that we may adopt or introduce from time to time, including but not limited to the Privacy Policy and DMCA Take-Down Requests, form an integral part of this Agreement and are incorporated into this Agreement by reference.
The information in the Service may contain typographical errors, inaccuracies or omissions related to the Service, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions at any time and to change or update the information in the Service without prior notice.
The Service is provided "as is" and "as available". You agree to use the Service at your own risk. To the maximum extent permitted by law, we do not make any express or implied warranties regarding the Service and your use of the Service, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not make any warranty or representation as to the accuracy or completeness of the content of the Service or any website linked to the Service, and we shall not be liable or responsible for any of the following: (1) errors, mistakes or inaccuracies in the content and materials; (2) personal injury or property damage of any nature resulting from your access to and use of the Service; (3) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of the Service; (5) any errors, viruses, Trojan horses or the like transmitted to or through the Service by any third party; and/or (6) any errors or omissions in any content and materials, or any loss or damage resulting from the use of any content published, transmitted or otherwise provided through the Service.
We do not provide any guarantee, endorsement, warranty or assume any liability for any products or services advertised or offered by third parties through the Service, any hyperlinked website or any website or mobile application advertisement or offer appearing in any banner or other advertisement, and we will not act as a monitor of any transaction between you and any third-party product or service provider, nor will we be responsible for monitoring such transactions in any way.
As with the purchase of products or services through any medium or in any environment, you should use your best judgment and exercise caution when appropriate.
In no event shall we or our directors, employees, contractors, affiliated companies or agents be liable to you or any third party for any direct, indirect, consequential, punitive, incidental, special or punitive damages, including loss of profits, loss of revenue, data loss or other damages arising out of your use of the Service, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary herein, in no event and under any cause of action, our liability to you shall in all cases be limited to the lesser of the amount you paid to us in the six (6) months prior to the occurrence of any cause of action (if any) or $1,000.
The laws of certain states do not allow the limitation of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have other rights.
You agree to indemnify, defend and hold us harmless from and against any loss, damage, liability, claim or demand (including reasonable attorney's fees and expenses) caused by any third party due to the following: (1) the use of the Service; (2) the breach of these Terms; (3) the breach of your representations and warranties in these Terms; or (4) your infringement of the rights of third parties, including but not limited to intellectual property rights.
Notwithstanding the above, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, at your expense. You agree to cooperate with us in the defense of such claims, at your expense. We will use reasonable efforts to notify you upon becoming aware of any such claim, lawsuit or proceeding involving this indemnification.
Using the Service, sending emails to us, filling out online forms, and using any other form of communication through the Service all constitute electronic communications, and you agree to receive electronic communications. You also agree that all agreements, notices, disclosures and other communications provided to you by us electronically, via email and in the Service satisfy any legal requirement that such communications must be in writing.
You hereby consent to the use of electronic signatures, contracts, orders and other records, as well as the electronic transmission of notices, policies and transaction records initiated or completed by us or through the Service.
You further acknowledge and agree that clicking on "Submit", "I Accept", "I Agree" or similar links or buttons means that you have submitted a legally binding electronic signature and entered into a legally binding contract. You confirm that by submitting information electronically, you agree and are willing to be bound by these Terms. In accordance with any applicable statutes, regulations, rules, ordinances or other laws, including but not limited to the United States Electronic Signatures in Global and National Commerce Act (PL 106 - 229) ("Electronic Signatures Act") or other similar statutes, you hereby consent to the use of electronic signatures, contracts, orders and other records, and agree to the electronic transmission of notices, policies and transaction records initiated or completed through the Service. In addition, you hereby waive any right or requirement under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature, delivery or retention of non-electronic records, or payment or extension of credit by means other than electronically.
You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature or delivery or retention of non-electronic records, or payment or extension of credit by any means other than electronically.
These Terms and any policies or operating rules we publish in the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision in these Terms does not constitute a waiver of that right or provision. These Terms are effective to the maximum extent permitted by law. We may assign some or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay or failure to act caused by any reason beyond our reasonable control.
If any provision or any part of any provision in these Terms is held to be illegal, invalid or unenforceable, such provision or part of such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment or agency relationship is established between you and us by these Terms or by the use of the Service.
You agree that these Terms shall not be construed against us merely because they have been drafted by us. You hereby waive any and all defenses you may have based on the electronic version of these Terms and the fact that both parties have not signed these Terms.
We shall not be liable for any failure to perform our obligations due to unforeseeable circumstances or reasons beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquake, hurricane, tropical storm or other natural disasters; war, riot, arson, embargo, acts of civil or military authorities or terrorism; strike or shortage of transportation, facilities, fuel, energy, labor or materials; failure of telecommunications or information service infrastructure; hacking, spam or any computer, server or software failure, provided that such events continue to delay our performance.
Contact Email: [mail.morefic@gmail.com]