Effective Date: 2021-09
This Terms of Service (“Terms”) is a legal agreement between you and Halofun PTE. LTD., including its affiliates, subsidiaries (collectively, “HaloFun”, “we”, “us” or “our”), governing your access to and use of our websites and our application named “NovelNow”, along with any revisions, updates and/or modifications thereto, and any data, products, services and associated materials or media supplied with our websites (collectively, the “Services”).
By clicking “Submit” or by accessing or using the Services, you agree to be bound by the Terms. If you do not agree with this Terms, including the limitation of liability in Section 10, release in Section 12 and some waiver in Section 13, you are not authorized to access or use the Services for any purpose.
THE SERVICES ARE NOT TARGETED TOWARD OR INTENDED FOR USE BY ANYONE UNDER THE AGE OF THIRTEEN (13). IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST AGREE TO THIS TERMS (BOTH FOR THEMSELVES AND ON YOUR BEHALF) BEFORE YOU CAN USE THE SERVICES. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU (A) ARE THIRTEEN (13) YEARS OF AGE OR OLDER, (B) HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES, OR ENGAGED IN ANY ACTIVITY THAT COULD RESULT IN SUSPENSION OR REMOVAL FROM THE SERVICES, AND (C) HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND IN SO DOING WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY.
To access and use certain areas or features of the Services, you may need to register for an account. You shall obtain the right to use the account after completing the registration process. The right to use the account only belongs to the initial legal registrant. Paid or unpaid transfer, succession and sale of your account are prohibited.
By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the confidentiality of any passwords associated with your account as well as the acts or omissions of any third party who has authority to access or use the Services on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
By creating an account, you also consent to receive electronic communications from us (e.g., via email, text message or by posting notices to the Services) about password changes and other account information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal notice requirements, including, but not limited to, that such notices be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you.
Our Services may allow you to upload, store and share content, including messages, text, photos, videos and other materials (collectively, “User Content”). Except for the license you grant below, as between you and us, you retain all rights in and to your User Content. Of course, if the content wasn’t yours to begin with, putting it on the Services doesn’t make it yours. Don’t submit content you don’t hold the copyright for (unless you have permission, including to grant us all the rights outlined in these terms).
You hereby grant us a nonexclusive, worldwide, royalty-free, and sub-licensable license to (a) store, reproduce, copy, publish, distribute and publicly display your User Content in our Services; (b) for the purpose of increase of the popularity of your User Content, make layout and typography, add a cover for your User Content; (c) promote and market your User Content, and use your User Content for the promotion of our Services in any and all media, platforms and channels; and (d) make your User Content available to other users and potential readers, whether paid or for free.
The foregoing license will stop when you remove your User Content from the Services, provided however, the authorized use (whether by us or by other users) happened prior to the removal shall not be affected.
You may also only upload or otherwise share your User Content that you have all necessary rights to disclose. You may not upload, store or share any User Content that:
We may ask you to revise your User Content if we deem your User Content (a) is unlawful, inappropriate, offensive, inhumane, or unethical, such as your User Content includes the following elements: (i) depraved or illegal acts; (ii) bestiality; (iii) discrimination against race, religion, gender, sexual orientation or nationality; (iv) sadism or masochism; (v) bondage; (vi) pedophilia or child-abuse; (vii) instigation to crime; or (viii) anything that is libelous, defamatory, scandalous, against humanity; or (b) contains too many spelling mistakes or anything else that may bring negative reading experience.
If you supply or transmit any User Content via the Services, you represent and warrant to us that:
(a) You are the sole author and sole owner of your User Content;
(b) You have the right to grant license for the use of your User Content you have provided to us to the fullest extent permitted under this Terms;
(c) Your User Content is original, not in the public domain, not plagiarized, or otherwise violates any laws;
(d) You have not transferred, exclusively licensed, or encumbered your User Content or agreed to do so;
(e) Your User Content does not violate, infringe, or misappropriate any third-party’s rights or claim of rights (including existing intellectual property rights, rights of privacy, or other rights);
(f) There is no third-party consent, assignment, or license necessary for you to deliver your User Content or grant rights to your User Content to us under this Terms;
(g) You were not acting within the scope of employment of a third party when conceiving, creating, or otherwise performing any activity with respect to your User Content;
(h) The information you provided to us is accurate, truthful, and up-to-date, and you will promptly notify us in writing in case of any changes.
ANY USER CONTENT POSTED PUBLICLY OR SENT PRIVATELY IS THE SOLE RESPONSIBILITY OF THE PERSON THAT SUBMITTED IT. Although we reserve the right to review all User Content on the Services, we do not necessarily review all of it and we are not obliged to screen or monitor User Content. As such, we do not take responsibility for any User Content provided through the Services. In addition, we may delete or remove User Content at any time and for any reason.
Our Services are for your personal and non-commercial use only. Don’t sell access to the Services in any way. Don’t use the Site or Services for the purpose of advertising any goods or services. The only exception is that you may advertise the sale of your content in e-book or published book form on third party platforms or bookstores.
You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:
We may change the Services, and Our Content (as defined below) at any time. We may discontinue offering our Services, and we may suspend or terminate your right to use our Services at any time, in the event that you breach this Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you.
All licenses and other rights granted to you by this Terms will immediately terminate upon termination of your right to use our Services or our termination of the Services. This Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated or cancelled, respectively.
The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Our Content”) are owned by or licensed to us and are protected under any and all applicable laws. Except as explicitly stated in this Terms, we and our licensors reserve all rights in and to our Services and Our Content. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with the ownership of or rights with respect to the Services.
We hereby grant you a limited, revocable, non-transferable, non-exclusive and non-sublicensable license to access and use the Services and Our Content; provided, however, that such license is subject to this Terms and does not include any right to (a) sell, resell our Services and Our Content; (b) modify Our Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and Our Content; (c) use any data mining, robots or similar data gathering or extraction methods; and (d) use our Services and Our Content other than for their intended purposes or in a manner prohibited under this Terms. Any use of our Services and Our Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
We have adopted a policy toward copyright infringement on the Services in accordance with the United States Digital Millennium Copyright Act (the “DMCA”). While our policy is based on the U.S. laws we apply this same policy globally to all jurisdictions in which our Services are available. If you believe that your work has been improperly copied and posted on the Services, such that it constitutes infringement, please visit our page on Copyright and send copyright infringement compliants to us by emailing at [email protected] Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.
We reserve the right to remove any User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages, thus we suggest that you consult your legal advisor before filing a notice with us.
YOUR USE OF THE SERVICES AND OUR CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES AND OUR CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. IT IS YOUR RESPONSIBILITY TO PROVIDE AND MAINTAIN ALL EQUIPMENT AND INTERNET SERVICE NECESSARY TO USE THE SERVICES.
WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND OUR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OUR CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED.
IF YOU ARE USING THE SERVICE PRE-LOADED ON, EMBEDDED IN, COMBINED, DISTRIBUTED OR USED WITH OR DOWNLOADED ONTO OTHER PRODUCTS, HARDWARE, SOFTWARE APPLICATIONS, PROGRAMS OR DEVICES (“OTHER TECHNOLOGY”), YOU HEREBY AGREE AND ACKNOWLEDGE THAT: (A) YOU MAY BE REQUIRED TO (I) ENTER INTO A SEPARATE LICENSE AGREEMENT WITH; AND/OR (II) PURCHASE A SUBSCRIPTION FROM; AND/OR (III) PAY A FEE, TO THE RELEVANT THIRD PARTY OR LICENSOR FOR THE USE OF SUCH OTHER TECHNOLOGY; (B) SOME PRODUCTS AND/OR FUNCTIONALITY MAY NOT BE ACCESSIBLE THROUGH THE OTHER TECHNOLOGY; AND (C) WE CANNOT GUARANTEE THAT THE SERVICES SHALL ALWAYS BE AVAILABLE ON OR IN CONNECTION WITH SUCH OTHER TECHNOLOGY.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
IN NO EVENT WILL WE, OUR LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “OUR PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR OUR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THIS TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OUR PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED US$50.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Our Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
a. your access to or use of the Services and/or Our Content;
b. your User Content;
c. your conduct in connection with our Services;
d. your willful false complaint;
e. your violation of any of the provisions of this Terms;
f. any activity related to your registration by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct; or
g. your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
To the fullest extent permitted by applicable law, you release us and Our Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
IF YOU ARE A CALIFORNIA RESIDENT IN THE UNITED STATES, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
SOME JURISDICTIONS DO NOT PERMIT THE AFORESAID RELEASE, SO IT IS POSSIBLE SUCH RELEASE WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE RELEASE WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
a. Choice of Law and Venue.
WE ENCOURAGE YOU TO CONTACT US IF YOU HAVE ANY ISSUES, DISPUTES, CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DEMANDS OR PROCEEDINGS (COLLECTIVELY, “DISPUTES”), BEFORE RESORTING TO THE COURTS. Any dispute or differences that may arise between the Parties under this Agreement shall be referred to and finally resolved by arbitration administered by Singapore International Arbitration Centre (“SIAC”) in accordance with Singapore International Arbitration Centre Rules ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be at Singapore. The Tribunal shall consist of 3 arbitrators. The language of the arbitration shall be English. Each Party shall bear respective cost of Arbitration.
b. No Class Actions or Representative Actions
You and we agree that any Dispute arising out of or related to this Terms or the Services is personal to you and us, and that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and we agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of litigation, or on behalf of any other individual or group of individuals. The judge does not have the power to vary these class action waiver provisions.
a. Severability: If any provision of this Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
b. Waiver: A provision of this Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of this Terms will not constitute a waiver of such right or provision.
c. Independent Contractor: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Terms or use of the Services.
d. Entire Agreement: This Terms constitutes the entire agreement between you and us relating to your access to and use of the Services.
e. Force Majeure: In no event shall we be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, famine, fire, epidemics, pandemics, government actions, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss of malfunctions of utilities, communications or computer (software and hardware) services, or any other event that is beyond our reasonable control.
f. Headings: The heading references herein are for convenience purposes only, do not constitute a part of this Terms, and shall not be deemed to limit or affect any of the provisions hereof.