Dear users (hereinafter referred to as "user", "users", "your" or "you"), welcome to use Novelix!
Before you log in, access or use the Novelix products and services (hereinafter referred to as "Novelix Services", "Novelix", "our services" or "services") provided by Cloudspark Interactive Limited and/or its affiliates (hereinafter referred to as "Novelix", "we", "our" or "us") with registered address at FLAT 1019B, 10/F, LIVEN HOUSE, NO.61-63 KING YIP STREET, KWUN TONG, HONG KONG, please read the Terms of Service (hereinafter referred to as "Terms") carefully, particularly those sections that may limit our liability or pertain to your significant rights.
Novelix Services refer specifically to relevant products, services and/or functions provided via Novelix platform, including but not limited to the website, mobile site, mobile application or other platform operated, managed or owned by us (hereinafter referred to as "our platform" or "platform").
The Terms form a legally binding Terms between you and us. Please read them carefully. By selecting 'Accept', it means that you have acknowledged and agreed to the Terms and other accompanying agreements. If you do not agree to any clause of the Terms, you shall avoid or cease registering or using Novelix Services immediately.
2.1 You must be 18 years or the age of majority in your province, territory or country, with full legal capacity to register, log in or use Novelix services. Minors may only use the service under adult's supervision. By using the services, you confirm that you are over the relevant age specified above.
3.1 You should access and use Novelix Services upon abiding by this Terms and relevant applicable laws and regulations. You can only use Novelix Services for personal and non-commercial purposes. Our written consent is required otherwise for commercial use. You agree that you will not conduct or use Novelix Services to conduct the following activities (nor providing facilitation or support for others in conducting such). Or otherwise you shall bear all responsibilities and consequences incurred therefrom, and where any loss and/or adverse impact is inflicted upon us, you shall compensate us in full and eliminate such adverse impact:
3.1.1 Abusing, defaming, harassing, stalking, threatening, intimidating, or violating the rights of other persons in any way;
3.1.2 Engaging in activities, violations or crimes infringing upon the lawful rights and interests of Novelix and others;
3.1.3 Obtaining the services, contents or data (including the personal information of other users) of Novelix platform, personally or by an agent, in any way (including but not limited to, any automatic software such as robotic software, spider software and crawler software) and due to whatever cause, without the prior explicit written approval from Novelix;
3.1.4 Evading, removing, altering, obstructing, damaging or otherwise interrupting the security measures of Novelix for its services;
3.1.5 Displaying the service content of Novelix in part or whole in any public occasion, with or without charge, without explicit authorization from Novelix; or use Novelix Services for commercial purposes.
3.1.6 Using Novelix Services in an improper way or in ways violating the principle of honesty and creditability (such as using the loopholes of rules and system, abusing VIP identity, black industry, speculation and other manners that go against the original purpose of Novelix Services);
3.1.7 The content you produced, uploaded, copied, posted, transmitted or disseminated via Novelix shall not:
(1) Contain any advertising information, including but not limited to the title and introduction of advertisement, except for the one otherwise authorized by Novelix in written;
(2) Contain any content violating the lawful rights and interests of Novelix or others, relevant laws and regulations and the Terms.
3.1.8 Modifying, adapting, translating, reverse engineering, disassembling, decompiling or creating any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof.
3.1.9 Incorporating the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion.
3.2 You shall be solely and remain completely responsible for all contents you produced, uploaded, copied, posted, transmitted, disseminated or used Novelix Services to produce, upload, post and disseminate, including but not limited to symbol, text, picture, audio and video, etc. Meanwhile:
3.2.1 Regarding contents violating this Terms or applicable laws and regulations, infringing upon the lawful rights and interests of others or which we have reason to believe that have damaged the credibility and security of us or others, we have the right to, among others, direct deletion, blocking or deactivation, without prior notification;
3.2.2 Our backend records may be used as evidence for your violation of relevant laws and regulations, Terms or infringement, or as proof for solving disputes.
4.1 When you use Novelix, we need to collect personal information from you that can identify you, so that we can contact you or provide you with a better user experience when necessary. You agree to provide true, detailed, and accurate personal information with your consent. You agree to promptly update any changes to your personal information. If the personal information you provide is inaccurate, false, or contains illegal/objectionable information, we may reject your registration application and terminate your use of the Service.
4.2 Our Privacy Policy introduces our collection, processing and protection of your personal information, and your right to access, correct and delete such information. Please read it carefully before you use Novelix services. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy.
4.3 We reserve the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, we may disclose the user's identity, contact information and/or information regarding the user's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. We shall not be liable for damages or results arising from such disclosure, and user agrees not to bring any action or claim against us for such disclosure.
4.4 We may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the user's use of any Services without being liable to the user if we have received notice that the user is in breach of any Terms or undertaking with any affiliate of us or is reasonably suspected to involve dishonest or fraudulent activities. We reserve the right to, but shall not be required to investigate such breach or request confirmation from the user.
5.1 You fully understand and agree that the platform provided for you to upload, post, share and disseminate information shall only be used by you to upload, post, share, transmit and obtain information. Any content transmitted by or through our platform does not reflect our viewpoints or policies and we therefore shall not be responsible for any liabilities arising therefrom. You should make your own determination on relying on the correctness, completeness or practicability of the contents which provided by other users on our platform and assume all risks arising therefrom, and we shall not be responsible for any liability arising therefrom.
5.2 You acknowledge and agree that, unless otherwise required by applicable laws and/or regulations, we do not store the content uploaded, posted and shared by you and you should have a backup; we will monitor and scrutinize content uploaded on our platform as required by applicable laws and/or regulations. You acknowledge that we do not guarantee any confidentiality with respect to any content, whether it is published or not, unless otherwise required by applicable laws and/or regulations.
5.3 If you upload, publish, share or transmit contents such as picture, text, audio and video on our platform, you will be deemed as its copyright owner or legally authorized person. Except as otherwise agreed to by us, your use of our platform to publish, disseminate and share shall be deemed that you have the right to the content and have agreed, in a permanent, irrevocable and free manner, to grant us a license to exercise all copyright rights of the content except those exclusive to the copyright owner worldwide (including but not limited to the rights of using, disseminating, modifying, operating, copying, releasing, adapting, publicly displaying or translating the content and the rights of creating derivative works thereof, including the right to transfer and safeguard). If you delete such content, such content will not be shown in your account. However, you acknowledge that the content already downloaded or forwarded by other users or third parties before your deletion may not be affected.
5.4 You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for our provision of the Services, evaluating whether user has breached the Terms and/or handling any complaint against the user. If user's failure to do so results in delay in, or suspension or termination of, the provision of any Service, we shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.
5.5 You acknowledge and agree that we reserve the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including user content) created, obtained or accessible through the Services. We does not endorse, verify or otherwise certify the contents of any comments or other material or information (including user content) created, submitted, posted, displayed or otherwise made by any user. Each user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.6 We reserve the right in our sole discretion to remove, modify or reject any user content (in whole or in part) that you submit to, post or display on the Services which we reasonably believe (a) violates any applicable laws and regulations; (b) violates the Terms hereunder; (c) could subject us or our affiliates to liability; (d) infringes any third party rights; (e) could harm the interests of our users, third party or us or our affiliates; or (f) is otherwise found inappropriate in our sole discretion.
6.1 All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, design, information, artwork, data, codes, products, software and any other proprietary rights related to Novelix, including the rights therein and any derivatives thereof are owned by us or our licensors. Except as expressly provided in these Terms, no license or other rights to the intellectual property are granted to you. You agree not to infringe upon our intellectual property rights or those of our licensors. Any unauthorized use of our intellectual property rights is a violation of these Terms and may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.
6.2 The ownership and intellectual property rights (including but not limited to copyrights, trademarks, and patents) of Service and all content displayed on Novelix (including but not limited to trademarks, logos, marks, applications, source code, programming interfaces, web pages, text, images, audio, video, graphics) belong to Novelix or other rights holders. You agree not to use, modify, copy, distribute, change, transmit, or publish the above content without our written consent, otherwise you are responsible for indemnifying us or other rights holders for all losses caused by it.
6.3 Software (and its technology) of Novelix Services
6.3.1 You may need to download our software in order to use Novelix Services. For such software, we only grant you revocable, limited, non-transferable and non-exclusive right to use. You may download and use the software to access / use Novelix Services for non-commercial purposes only.
6.3.2 To improve user experience and ensure security and conformity of products and services, we may update the software from time to time. We suggest you upgrade your software to the latest version.
6.3.3 You may not copy, modify, publish, sell or rent our services or any part of the software, nor obtain the source code through reverse engineering, decompilation, disassembling, or other similar methods.
7.1 You acknowledge and agree that, we reserve the right to display commercial advertisements (including advertising links) or other type of commercial information (including but not limited to display advertisement at any spot of Novelix platform or in the content you uploaded or disseminated) during provision of Novelix Services, as permitted by applicable laws and regulations.
7.2 We may decide, at our own discretion, the form, time, position and content of advertisement, without any interference of third party, as permitted by applicable laws and regulations.
7.3 You acknowledge and agree that, we may send you product promotion or relevant commercial information via email, e-message or other methods and will at the same time provide ways for you to unsubscribe.
7.4 Novelix Services may provide links to other international Internet sites or resources. We will follow the provisions of applicable laws and regulations to urge advertisers to perform relevant obligations, and you acknowledge and agree that, we have no actual control over such advertisers and advertising contents and that you need to be prudent concerning the authenticity and reliability of such advertisement. You shall be personally responsible for any act between you and the advertiser or advertisement owner and settle relevant dispute of any kind there between. We shall bear no extra responsibilities in this regard unless so required for the advertisement publisher by applicable laws and regulations, and we will provide necessary assistance according to law.
To stay within the DMCA framework, Novelix is required to terminate accounts of repeat infringers. A repeat infringer policy has been applied to:
8.1 If an account receives many separate DMCA "strikes," we will remove the account.
8.2 A strike accrues when an account receives a DMCA takedown notice that results in a video being removed from that account. We may group notices filed within a short period of time as a single "strike."
8.3 We will remove strikes if the claimant withdraws the notice or when the account holder successfully challenges a notice.
9.1 Nothing in this Terms shall affect any statutory rights that you are always entitled to as a user and that you cannot contractually agree to alter or waive. This Terms and all disclaimers and limitations of our liability contained in this Terms shall only apply to the maximum extent permitted by the applicable laws and/or regulations.
9.2 YOU UNDERSTAND AND CONFIRM THAT, UNLESS OTHERWISE AGREED HEREIN OR REQUIRED BY APPLICABLE LAWS AND REGULATIONS, NOVELIX SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOVELIX SERVICES ARE PROVIDED ACCORDING TO THE CURRENT STATUS OF THE EXISTING TECHNOLOGIES AND CONDITIONS. WE MAKE NO EXPRESS OR IMPLICIT PROMISES OR WARRANTIES WITH RESPECT TO NOVELIX SERVICES (INCLUDING TECHNOLOGY AND INFORMATION) PROVIDED, INCLUDING BUT NOT LIMITED TO THE SERVICE CONTENT, SPECIAL FUNCTION OF SERVICES OR THEIR RELIABILITY, AVAILABILITY AND WHETHER THEY MEET YOUR REQUIREMENTS, BUT WE PROMISE TO CONTINUOUSLY IMPROVE OUR SERVICE QUALITY AND SERVICE LEVEL. UNLESS OTHERWISE STIPULATED BY APPLICABLE LAWS AND REGULATIONS AND WHETHER IT'S FORESEEABLE, WE ONLY BEAR THE RESPONSIBILITY FOR OUR SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, DERIVATIVE OR PUNITIVE LOSSES AND/OR DAMAGES AND LOSS OF PROFIT, BUSINESS REPUTATION, BUSINESS OPPORTUNITY, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING OUT OF THE SERVICES. WE WILL NOT BE RESPONSIBLE FOR ANY DEFAMATION, OFFENSE OR OTHER ILLEGAL CONDUCT OF ANY THIRD PARTY, AND WILL NOT BEAR ANY LOSS SUFFERED BY YOU.
9.3 You agree to defend (at our option), indemnify and hold harmless each of Novelix and its service providers from and against any and all claims or other disputes resulting from or related to:
9.3.1 Your breach of any provision of this Terms;
9.3.2 Your violation or alleged violation of any intellectual property right or other lawful rights and interests; or
9.3.3 Claims of any person that your acts damaged the rights and interests of a third party.
You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9.4 You acknowledge and agree that we are obligated to fully cooperate with any law enforcement authorities, administrative organs or court order requesting or directing us to disclose the identity of anyone posting any contents that are believed to violate this Terms. We will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that we shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
You acknowledge and agree that you waive all rights and agree to hold us harmless from any claims resulting from any action taken by us during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either us or any law enforcement or regulatory authorities.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM US OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR US THAT IS NOT EXPRESSLY STATED IN THE NOVELIX TERMS. THE USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM THE USER'S USE OF OR ACCESS TO THE SERVICES, THE USER'S DEALINGS WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.1 To the maximum extent permitted by the applicable laws and/or regulations, we have the right to, according to our business development, temporarily or permanently change or terminate Novelix Services (or any part). We shall not be liable to you or any third party for any change or termination of Novelix Services. In the event that your rights and interests are damaged as a result of the change or termination of Novelix Services (or any part thereof), we will make reasonable compensation to you based on the confirmed actual and direct loss upon your application.
10.2 We reserve the right to suspend, terminate, cancel or withdraw your account, or terminate the use of Novelix Services, or change, delete, or transfer the contents that are stored and published by you on our platform based on proper causes, to the maximum extent permitted by the applicable laws and/or regulations, this Terms, and any other rules of our platform.
10.3 Any obligation which expressly or by their nature should continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such termination, cancellation or expiration.
All of our notifications to you hereunder may be done via announcement posted on our websites, email, SMS or any other means by which you could reasonably obtain notice thereof, and such notifications shall be deemed to have been delivered to you at the time of sending. If we send notifications via several means above at the meantime, such notifications delivery time refers to the earliest time of sending.
We shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons: (a) system shut-down for maintenance; (b) inability to transmit data due to failures in communications terminals or telecommunications equipment; (c) systems failure and inability to perform its functions due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or (d) suspension or delay of services or systems failure due to reasons beyond the reasonable control of us such as hacker or cyber attacks, technical adjustments or failure of the telecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.
By accepting this Terms, you waive your right to initiate or participate in any class action, join or consolidate disputes by or against others as a representative or member of a class, or obtain relief in any arbitration in the interests of the general public regarding any matter related to this Terms. Any arbitration or claim arising out of or in connection with this Terms shall be conducted separately between you and us, and under no circumstances shall this Terms allow or authorize the resolution of any disputes or claims arising from this Terms through class action.
14.1 We may modify this Terms from time to time and we will notify you via announcement posted on our platform, pop-ups, or any other means by which you could reasonably obtain notice before the modifications take effect. You are encouraged to regularly check the revised Terms, which you must comply with when using the Services. Your continued use of Novelix Services signifies your acceptance of the revised Terms. Any dispute between you and Novelix shall be governed by the latest Terms. If you disagree with the revised Terms, you must cease using the Services.
14.2 You acknowledge and agree that, we reserve the right to transfer our rights and obligations hereunder in whole or in part to our affiliate companies. Consequently, such companies will be entitled to demand claims (if applicable in accordance with the laws and/or regulations) as per relevant clauses of rights stipulated hereunder. Other than this, no other person or company shall be a third-party beneficiary of the Terms. You acknowledge and agree that in case of the forgoing transfer, we do not need to provide you any written notice of such transfer. We guarantee that our affiliate companies will continue to perform the obligations hereunder and your rights and interests herein will not be damaged due to such transfer.
14.3 In any case any one or more of the clauses contained in this Terms shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining clauses shall not in any way be affected or impaired thereby.
14.4 Both parties agreed that this Terms, as well as the execution and the interpretation of this Terms, shall be subject to the laws of Hong Kong SAR to the maximum extent permitted by applicable law.
Any disputes that raised out of or related to this Terms, including but not limited to carrying out the provisions of this Terms, shall be negotiated by both parties through amicable settlement. In addition, both parties may also submit the dispute to the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. For the avoidance of doubt, amicable settlement via negotiation is not the prerequisite condition of the arbitration mentioned above. The arbitration award shall be final and binding on both parties. The seat of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in English.
14.5 These terms are effective as of the date of posting and constitute the entire agreement between you and Novelix.
14.6 Our failure to exercise, delay in exercising, and partial exercise of our rights under the law and the Terms shall not be deemed a waiver of such rights nor shall it prejudice our future exercise of such rights.
If you have any comments or suggestions about our terms or services, please contact us by email: service@novelix.live