Etouch Media Limited, registered in Hong Kong (NovelNest, "we" or "us"), provides a platform (as defined below) for writers and publishers to upload, distribute and monetize all kinds of literary works (hereinafter referred to as "Works"). These Terms of Use, together with all documents referred to herein and all other operating rules, policies and procedures that NovelNest may publish from time to time, govern the relationship between NovelNest and users of the NovelNest Platform (hereinafter referred to as "Users", "you"). NovelNest mobile applications, including iPhone and Android mobile applications ("Applications"), all other platforms on which content can be accessed, published or distributed, and all related services, features or content provided through any of the foregoing (hereinafter referred to as "Services") (collectively, the "Platform"). These Terms constitute a legally binding agreement between NovelNest and you.
By accessing or using the Platform, you confirm your unconditional acceptance of these Terms and your agreement to comply with them in full. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, do not use the Platform and you are not authorized to access, view or otherwise use the Platform for any purpose.
The Platform may contain links to or embedded materials from third-party content that has not been reviewed by NovelNest, including, but not limited to, other websites and third-party services, for the convenience of visitors, for advertising purposes, or to fulfill other similar functions related to NovelNest's business. NovelNest's linking to or embedding of third-party content does not constitute an advertisement or endorsement of any goods, services, products, or other content provided by such third party. NovelNest is not responsible for any third-party content linked to or embedded in the Platform and expressly disclaims any responsibility for any third-party content, the accuracy of any information on any third-party website, or the quality of products or services provided or advertised on such third-party website.
NovelNest may add, change, or delete any part of these Terms of Use at any time without notice. Any changes to these Terms of Use or any terms posted on the Website will be effective immediately upon posting. Your continued use of the Website after any changes are posted will constitute your acceptance of those changes. NovelNest may add, change, suspend, delete, or suspend any other content posted on the Website, including works described or depicted on the Website, temporarily or permanently, at any time without notice or liability.
1. User License
1.1 Subject to your full compliance with the Terms and to the extent that we lawfully grant such rights, NovelNest grants you a non-exclusive, non-sublicensable and non-transferable license to the intellectual property rights solely for accessing the Works, using the Platform and for other purposes expressly set forth herein.
1.2 For the avoidance of doubt, these Terms do not transfer from us to you any of our or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain with the applicable owner.
2. Registration and Account
2.1 To use certain features of the Platform, you will need to register for a NovelNest account (hereinafter referred to as an “Account”). You agree that all information you submit during the account registration process, or supplemental information you submit to your account profile at any time thereafter, will be accurate and truthful, and that you will keep such information up to date.
2.2 Your account is unique and personal to you, and you are responsible for maintaining the security of your account and password and restricting access to it, and you agree to accept responsibility for all purchases and other activities that occur under your account.
2.3 You have the right to delete your account and you should understand that upon deletion of your account, you will lose the right to access or use all or part of the Platform.
2.4 We reserve the right to disable, suspend or terminate your account at any time for any reason, in particular if you fail to comply with any provision of these Terms.
3. Content Policy
3.1 Our Content Policy (the "Content Policy") sets out, among other things, the terms on which NovelNest may use content uploaded to the Platform by authors and publishers. You must read and agree to the Content Policy before uploading any work on the Platform.
3.2 For the avoidance of doubt, all rights not expressly granted to NovelNest herein are reserved to you and NovelNest does not claim any ownership rights in your content.
4. Platform Comments
4.1 NovelNest welcomes your interaction on the Platform and you may submit non-content materials to NovelNest. By submitting any comments or feedback (collectively, "Comments") through the Platform or otherwise, such as by emailing NovelNest about Platform content, posting on a message board, or commenting on a work, NovelNest is free to use the Comments for any purpose, in all media, in perpetuity, without any obligation or liability to you. If you wish to keep a Comment confidential or proprietary, do not transmit any Comments to NovelNest or share them with others.
4.2 Comments must not contain or reflect, in whole or in part, any material that (a) infringes, violates or misappropriates any third-party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (b) is defamatory, libelous, slanderous or violates the privacy, publicity or other property rights of any other person; or (c) violates any other NovelNest policy or guideline that your User Content is subject to; or (d) causes NovelNest to violate any law or regulation.
4.3 If a Comment is found to violate any of the foregoing, we may terminate or suspend your account or immediately remove the Comment from the Platform at our sole discretion without notice to you.
5. Restrictions on User Conduct
5.1 Unless applicable law does not permit such restriction, you may not: (a) copy, distribute, publicly display or publicly perform the Service; (b) modify the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. You may not use the Service if you are prohibited from using the Service under applicable law.
5.2 You may not alter or modify the Platform in any way, or access the Platform using any technology or means other than those authorized by NovelNest, including, without limitation, not using robots, spiders or other automated means to access the Platform.
6. Payment Terms6. Payment Terms
6.1 You may be required to pay fees to access certain features of the Platform or the Service. You will have the opportunity to review and accept the fees that will be charged to you before paying any fees. All fees are in U.S. dollars and are non-refundable.
6.2 NovelNest reserves the right to set prices for the Service. NovelNest will make reasonable efforts to keep the price information posted on the Website up to date. We recommend that you visit our website regularly for the latest price information.
6.3 NovelNest will charge the payment method you specify at the time of purchase. You authorize NovelNest to charge that payment method for all amounts for orders you place and any service level you select, in the amounts specified in these Terms or as published by the Company. If you pay for any charges by credit card, NovelNest may pre-authorize your credit card account before you make a purchase to verify that the credit card is valid and has sufficient funds or credit to cover the cost of your purchase. Payment processing services are provided by the third-party services through which you make purchases (e.g., Apple In-App Purchases, Google Play Payments, PayPal Payments).
6.4 All purchases may incur taxes and other fees, including, but not limited to, foreign exchange fees or price differences based on location (e.g., exchange rates). We may calculate the taxes you should pay based on the information you provide through your account or at the time of purchase.
6.5 If such products or services require automatic, recurring or subscription charges, you agree (subject to applicable laws and regulations):
(1) such purchases or payments are usually prepaid by you;
(2) you authorize us to:
(a) save the information of your selected payment method (such as credit card information) in our system;
(b) bill your selected payment method according to the relevant time period selected by you or notified to you.
(3) If any payment you make through your selected payment method is rejected, refused or returned for any reason:
(a) we may not provide you with the relevant services or suspend the provision of the relevant services until the payment is properly processed; and
(b) you shall be responsible for any fees, costs, expenses or other amounts incurred by us as a result of such rejection, denial or return (and we may automatically charge you for such amounts); and
(4) we will provide you with further instructions on how to update or cancel the relevant payment method within NovelFlow.
We will not be required to refund any amount you paid to us for any goods or services (whether used or not) in any event, subject to mandatory applicable laws and regulations or as otherwise provided by us in these Terms or for specific goods or services.
You acknowledge that, in accordance with the policies of the Apple App Store and Google Play, we reserve the right to modify these Terms or adjust the prices and availability of our services or any components thereof, in whole or in part, at any time and in any manner, at our sole discretion. We do not provide price protection or refunds for price adjustments or promotions, whether permanent or temporary.
If you believe that we have charged you in error, and in accordance with applicable laws and regulations, you must contact us within 30 days of the date of the relevant charge; after 30 days, no refund will be given for any erroneous charges.
7. Other Services
7.1 Removal of Your Content
We reserve the right to disable Your Content at any time, including if you fail to comply with any provision of these Terms or if there is activity on your account that we, in our sole discretion, believe is or may be harmful or damaging to the Services or infringes or violates any third-party rights, or violates any applicable laws or regulations.
7.2 Suspension or termination of your access to the NovelNest Service
We reserve the right to disable your account at any time, including if you fail to comply with any provision of these Terms, or if there is activity in your account that we believe, in our sole discretion, will or may cause damage or harm to the Service, or infringe or violate any third-party rights, or violate any applicable laws or regulations. Your account name and other identifiers used in NovelNest remain our property, and we may disable, recycle and reuse this information once your account is terminated or deactivated by you or us for any reason.
7.3 Rewards
Users can earn points by reading novels and completing various tasks in NovelNest. NovelNest will adjust the number of points earned by users based on the operation of the platform.
7.4 Violation Handling
(1) If NovelNest Platform discovers or receives reports or complaints from others that a user has violated the provisions of this Agreement, NovelNest Platform has the right to delete, block, and other related content at any time without notice, and take measures such as warnings, restrictions or prohibitions on the use of some or all functions, account bans, and cancellations according to the circumstances of the behavior, and announce the results of the handling.
(2) You understand and agree that NovelNest Platform has the right to punish violations of relevant laws and regulations or the provisions of this Agreement based on reasonable judgment, take appropriate legal actions against any user who violates the law, and preserve relevant information in accordance with laws and regulations. For reports from relevant departments, users shall bear all legal responsibilities arising therefrom.
(3) You understand and agree that you shall bear sole responsibility for any claims, demands, or losses arising from or related to your violation of this Agreement or the relevant terms of service; if Sina.com Platform suffers losses as a result, you shall also compensate for them.
(4) You understand and agree that the common reasons for NovelNest account being banned due to violation of the User Agreement are as follows:
Using deception or improper means to obtain points by inviting friends, signing in, or completing any tasks;
Taking technical means or using third-party applications outside the platform to obtain points;
Individuals or teams use groups, telegrams and other online media outside the platform in an organized and planned manner to post comments, participate in bounty task voting or similar behaviors for the purpose of obtaining points only;
Mention your invitation code in comments on app stores such as Google Play to earn points;
For details, please read the introduction of the corresponding app store platform;
(5) You understand and agree that the status of NovelNest account being disabled is: the account is suspected.
This status is a system warning action. The system analyzes the recent data performance and behavior of suspected fraud users and takes phased deactivation of some functions. In this state, suspected fraud users can log in to the APP normally and can read,
Account blocked: all functions are disabled
This state is a protection measure of the system. Based on user behavior and data analysis, the system will permanently disable all functions for users who have obvious fraudulent or deceptive behavior. In this state, the suspected user will not be able to log in to the app and all functions will be disabled.
(6) You understand and agree that the appeal process for NovelNest accounts has been closed:
The function of deactivating user accounts is executed by the system, and there may be cases of erroneous blocking during the execution process. Therefore, we give users the right to appeal to restore their accounts. Deactivated users must provide relevant and valid supporting materials for manual review by our anti-financial fraud department AFF team.
Specifically, the appellant user needs to provide, for example: NovelNest platform ID number;
The appellant user needs to provide personal identity information: Provide photos of both sides of the ID card. Please be sure to add on the ID card photo: Only for NovelNest account appeals.
Relevance of supporting materials: The supporting materials provided by the appellant user must fully prove the way the user uses the APP.
Validity of supporting materials: The supporting materials provided by the appellant user must be extracted from the data analysis of the abnormal points.
Review time: 15 working days from the date of confirmation of the validity of the above relevant materials; Review passed: The anti-fraud and financial anti-fraud team will manually review the material information provided by the above complaining user. After the review is passed, the system will restore all functions of the complaining user within 24 hours. If the review fails, the fraudulent user will not be able to resume normal use of the corresponding functions of NovelNest, and the platform will no longer accept its appeal.
The final right of interpretation belongs to NovelNest.
8. Disclaimer
8.1 This platform is based on "status quo", "available status" andThe Platform is provided "with all faults" for the purposes set forth herein. Use of the Platform is entirely at your own risk and you should exercise your best judgment and caution in using the Platform.
8.2 NovelNest does not warrant that your use of the Platform and all other features or functionality associated with the Platform, or the delivery or display of the Platform will be available, uninterrupted, uninterrupted, error-free, or free of any viruses, worms or other security intrusions. You understand and agree that your use of the Platform and your use, access, downloading or otherwise obtaining materials or content through the Platform and any related websites or platforms is entirely at your own discretion and risk and that you are solely responsible for any financial damage (including to your computer system or mobile device associated with the Platform) or loss of data that results from your use of the Platform or the downloading or use of such materials or content.
8.3 NovelNest does not guarantee the availability, delivery, performance, pricing or timeliness of any Works or other intellectual property appearing on the Platform. This includes, but is not limited to, any guarantees that authors or publishers will release any subsequent episodes of a Work in a timely manner, that a Work will continue to be available on the Platform, or the pricing of a Work or service.
8.4 NovelNest is not responsible for the deletion or failure to store any comments or other information you submit to the Platform, and we expressly do not promise to store or retain any comments you have submitted to the Platform. You are solely responsible for preserving backups of any comments you upload to the Platform.
8.5 You understand and agree that NovelNest is not responsible for any failure to perform due to causes beyond its control, including but not limited to acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, war, labor difficulties, supplier failures, shortages, breach of contract, actions or requirements of any government, suspension of existing services under state or federal laws, rules or regulations.
9. Limitation of Liability
9.1 Notwithstanding anything to the contrary herein, NovelNest will not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual or punitive damages, howsoever arising, in any way connected with the Platform or these Terms, regardless of the legal theory (including, but not limited to, contract, tort, personal injury, property damage, negligence, warranty or strict liability), whether or not NovelNest has been advised of the possibility or probability of such damages, and even if any other available remedy fails of its essential purpose. If you are dissatisfied with the Platform or any of these Terms, or believe that NovelNest has breached any of these Terms, your sole and exclusive remedy is to stop using the Platform. This limitation of liability is part of the basis of the bargain between us.
9.2 Notwithstanding anything to the contrary in this Agreement, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, then NovelNest's liability for breach of these Terms and/or your use of the Platform shall not exceed the agreed amount of five hundred U.S. dollars (US$500.00) for all claims.
10. Indemnification
10.1 You are responsible for your own use of the Platform, and you will defend and indemnify NovelNest and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the “NovelNest Entities”) from and against all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to: (a) your access to, use of, or alleged use of the Platform; (b) your breach of any part of these Terms, any representation, warranty, or agreement referenced herein, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or right of publicity, confidentiality, other property right, or privacy; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in such event, you agree to cooperate with our defense of such claim.
10.2 NovelNest reserves the right to assume the exclusive defense of any claim for which NovelFlow is entitled to indemnification, in which event you shall provide prompt and reasonable cooperation to NovelNest at your own expense.
11. Promotions
In addition to these Terms, promotions offered by NovelNest through the Platform or otherwise may contain specific rules that differ from these Terms. By participating in a promotion, you agree to and be bound by its additional terms and conditions, which will be made available to you when the promotion is offered. NovelNest recommends that you read all rules carefully before participating in any promotion. If there is any conflict between the rules of a particular promotion and these Terms, the rules of the particular promotion shall prevail.
12. Intellectual Property Infringement
12.1 NovelNest respects the intellectual property rights of others and is committed to providing a platform that does not contain content that infringes the intellectual property rights of others. If you believe in good faith that your intellectual property rights have been infringed by use of the Platform, you may notify us by email at [email protected] with the subject line “Notification of Infringement” and the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest;
A description of the copyrighted work (or other intellectual property) that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Platform;
Your email address and mailing address and/or telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.
If you believe that a notification of intellectual property infringement has been improperly filed against you, you may submit to NovelNest a "Counter-Notification of Infringement" containing:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled by mistake or that the material was misidentified;
Your full name, email address, mailing address, and a statement that you consent to the jurisdiction of: (a) if your address is in Singapore, for the judicial district in which your address is located; and (b) if your address is outside of Singapore, for the courts in Singapore; and that you will accept service of process from the complainant who filed the notification or its authorized agent.
12.2 Any notification or counter-notification you submit pursuant to the foregoing must be truthful and made under penalty of perjury. A false notification or counter-notification may result in personal liability. Accordingly, you may wish to seek the advice of legal counsel before submitting a notification or counter-notification. Notwithstanding anything to the contrary herein, please note that, regardless of whether NovelNest disables access to or removes any material pursuant to the foregoing, NovelNest may disclose your identity to any third party claiming intellectual property infringement or provide us with a counter-notification, as well as the contents of any counter-notification. You acknowledge and agree that any disclosures made by us pursuant to the foregoing will not violate any of your rights, including, without limitation, any privacy rights you may have.
13. Choice of Law and Dispute Resolution
13.1 You agree and consent that these Terms will be governed exclusively by the laws of Singapore applicable to contracts entered into and to be performed within Singapore, without regard to any conflict of law principles.
13.2 You and NovelNest agree that any dispute, claim or controversy between you and NovelNest arising out of these Terms or your relationship with NovelNest (whether based in contract, tort, fraud, misrepresentation or any other legal theory, and whether or not a claim arises during or after the termination of the Terms) will be resolved by mandatory binding arbitration. Any arbitration between you and NovelNest will be settled by binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Administrative Arbitration Rules of the SIAC in effect when the Notice of Arbitration is submitted.
14. Notices
All legal notices given under these Terms shall be in writing and sent to NovelNest by email at [email protected] .
By using the Platform, you agree that any notice due under these Terms sent by NovelNest electronically to you will satisfy the conditions of any legal communication or notice.
You agree to keep all contact information contained in your account up to date, and we are not responsible for your failure to keep your account or contact information up to date.
15. Contact Information
The Platform is operated by Etouch Media Limited and operation and technical support services are provided by the following affiliated entities:
- Etouch Media Limited
- Etouch Media Limited
Our address is ROOM 20 UNIT B3, 07/FL TUEN MUN INDUSTRIAL CENTRE, NO. 2 SAN PING
CIRCUIT, TUEN MUN.
If you have any questions, please contact us by email: [email protected].