Terms of Service

Terms of Service Effective as of Mar., 2022

Welcome to NovelBar. NovelBar is a platform offering novel and other reading materials. The services (including but not limited to the mobile application as well as the services provided therein; hereinafter collectively, "Services") are provided by ADMATE TECH PTE. LTD. (“Platform", "we", "us", or "our"). Platform is registered at SINGAPORE. "You", "your" and "user(s)" refer to any person using the Services.

By accessing or using the Platform, you confirm that you unconditionally accept these Terms and that you agree to fully comply with them. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.

1. Eligibility

The Services are only available to individuals age [13] and over. Any access to or use of the Services by anyone under [13] or the age of majority where you reside is expressly prohibited. If you are below the age of majority where you reside, you must review these Terms with your parent or legal guardian to confirm that you and your parent or legal guardian understand and agree to them.

2. Registration and Accounts

2.1 To use certain features of the Platform, you are required to register for a NovelBar account (an “Account”). You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.

2.2 Your Account is unique and personal to you. Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this website, application, or portions of it using your user name, password, or other security information. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure.

2.3 You may register for and login to the Platform using login functionalities provided by third-party platforms, such as Google and Apple. In addition to the Terms, you agree to comply with the relevant third-party platform’s terms of service applicable to your use of such functionalities.

2.4 You have the ability 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.

2.5 We may, in its sole discretion, suspend or terminate your account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, our Privacy Policy, or any other policies. We may do this without notice if we consider grounds for this are serious, or we will try to give you reasonable notice if the grounds are less serious.

3. Payment Terms

You may be required to purchase Coins to access certain content offered by our Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All purchased Coins are non-refundable, non-transferable, revocable, non-exclusive. You confirm that you are over 18 years old before you make any purchases. Coins cannot be exchanged or be used for any purpose other than to access certain content offered by the Service.

3.1 The Platform reserves the right to determine pricing for the Service. Upon advance notice to you, we may change the fees for any feature of the Service, including additional fees or charges. We, at our sole discretion, may make promotional offers with different features and different pricings to any customers. These promotional offers, unless made to you, will not apply to the Service provided to you.

3.2 YOU AGREE THAT ALL COIN SALES TO YOU ARE FINAL AND WILL NOT BE REFUNDED FOR ANY REASON UNLESS REQUIRED BY APPLICABLE LAWS. YOU WILL NOT RECEIVE MONEY OR ANY OTHER COMPENSATION FOR UNUSED COINS WHEN YOUR ACCOUNT IS SUSPENDED OR TERMINATED, WHETHER SUCH SUSPENSION OR TERMINATION WAS VOLUNTARY OR INVOLUNTARY.

4. Proprietary Rights

4.1 The Services are owned and operated by the Platform. Unless otherwise explicitly specified by the Platform, all materials that are included in, or otherwise a part of, the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics and icons and all registered and unregistered intellectual property rights related to these (collectively, "Content"), are owned, controlled and/or licensed by the Platform.

4.2 The Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Your use of the Services does not transfer to you any ownership or other rights in the Services or the Content. Any use of the Content not expressly authorized by these Terms is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.

4.3 The Platform grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

4.4 Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

5. User Content

5.1 Certain features of the Service may permit users to upload content to the Service, including but not limited to original literary works (such as fictions, short stories, essays, etc.), suggestions, messages, comments, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to post or publish User Content on the Service. You shall have fully understood and agree to this section prior to uploading, posting or publishing any User Content to the Service.

5.2 By posting or publishing User Content, you grant us a worldwide and non-exclusive right and license (with the right to sublicense to our affiliates solely in connection with their provision of the Services) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify (which is made solely for the purpose of formatting for display), and distribute your User Content, in whole or in part, in any media formats only through our Services. The Platform is licensed to use the User Content for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever. If you wish to keep a User Content private or proprietary, please do not transmit any User Content to the Platform or share any User Content with others.

5.3 You are solely responsible for any User Content that you post or publish on the Service, and you are responsible for the consequences of posting or publishing such User Content. By posting or publishing User Content, you affirm, represent, and warrant that:

(a) You are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by us, the Service, and these Terms;

(b) Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) any other policies or guidelines of the Platform to which your User Content is subject; (iv) cause the Platform to violate any law or regulation.

5.4 You are aware that the uploaded, posted and published User Content is automatically stored and present in our Service. Unless otherwise provided by law, the Platform is under no obligation to monitor, filter, edit or control User Content that you or other users upload, post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, delete, take down, edit, or block any User Content that in our sole determination violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. We do not endorse any User Content or any opinion, recommendation, or advice expressed in any User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. We expressly disclaim any and all liability in connection with User Content.

6. Third-Party Services

We may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on the Platform with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

7. Reporting Intellectual Property Violations

7.1 The Platform respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Services, please notify us at cs@novellairs.com with appropriate information and materials. Your contact information will only be used to investigate your inquiry regarding potential copyright and other infringement only and will be processed in accordance with our Privacy Policy.

7.2 We will promptly terminate without notice the accounts of users that are determined by us to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.

8. Prohibited Conduct

8.1 By using the service you agree NOT to:

(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;

(b) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

(c) post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

(d) interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

(e) interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

(f) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

(g) solicit, for commercial purposes, any users of the Service with respect to their User Content.

8.2 You are solely responsible for your behavior when accessing or using our Services. If, in our reasonable opinion, you breach these Terms and engage in prohibited activities, as detailed herein, the Platform may terminate the responsible accounts, and/or report such activities to law enforcement authorities, as appropriate. We have the right, without provision of notice, to:

(a)Take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials. We may initiate legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

(b) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

9. Disclaimers

9.1 Your use of the Services is provided on an "As Is" and "As Available" basis without any representations, warranties or conditions from us, express or implied. The operation of the Services may be affected by numerous factors beyond our control. The operation of the Services may not be continuous or uninterrupted or secure. The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

9.2 The Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of us. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party materials.

9.3 We make no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand and agree that your use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use if the Platform or the download or use of that material or content.

9.4 We assume no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.

10. Limitation of Liability

Notwithstanding anything to the contrary contained herein, the Platform shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not the Platform has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel the Platform has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.

11. Indemnification

You agree to indemnify, defend and hold the Platform, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors (each an "Indemnified Party") harmless from and against any and all direct and indirect losses, claims, liabilities, expenses and costs, including, but not limited to, attorneys' fees and expenses, which may be suffered or incurred by an Indemnified Party or asserted against an Indemnified Party, arising out or connected with your breach of these Terms. You will assist and co-operate as fully as reasonably required by an Indemnified Party in the defence of any such claim or demands. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in these Terms survive indefinitely after the termination of these Terms.

12. Governing Law and Dispute Resolution

12.1 You consent and agree that the Terms the substantive application and interpretation hereof, and all matters arising out of or in connection with this Terms (whether in contract, tort, or otherwise) and any dispute or claim arising out of, relating to, or in connection with these Terms shall be exclusively governed by and construed in accordance with the laws and regulations of Singapore without reference or regard to any choice or conflict of law principles, provisions or rules thereof that would cause the application of the laws of any jurisdiction other than Singapore.

12.2 You agree that any dispute, claim, or controversy between you and the Platform arising in connection with or relating in any way to these Terms or to your relationship with us (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration. Any arbitration between you and the Platform will be resolved by binding arbitration administered by the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") in force when the notice of arbitration is submitted.

13. Severability

Unless otherwise stated in the Terms, if any provision of the Terms is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. This "Severability" section shall survive any expiration or termination of the Services.

14. Changes, Modification and Discontinuation of Services

14.1 We may modify the Terms from time to time ("Updated Terms"), for instance when we update the functionality of the Services, to address a security threat or where there have been legal or regulatory changes that impact these Terms or Service.

14.2 We may amend these Terms from time to time, to reflect changes to applicable laws, regulations, standards, industry codes or other instruments of a similar nature, or to reflect changes, updates or new features to the Platform and/or Services. We will use commercially reasonable efforts to notify you of any material changes to these Terms, such as through a notice on our Platform or a push notification.

However, you should periodically review the most up to date version to check for such changes. We will also update the "Last Updated" date at the top of these Terms, to reflect the effective date of the most recently updated version of the Terms.

14.3 We reserve the right, from time to time, in its sole discretion, to make changes to or discontinue any of the Services at any time. We will provide reasonable advance notice, such as through a notice on our app of any significant changes to our Services, or if the Service will be discontinued, whenever we reasonably can.

14.4 We shall not be liable to you or to any third-party for any modification, change or discontinuance of the Service.

15. Entire Agreement

The Terms together with any terms or document referenced or incorporated herein, are the entire agreement between you and us regarding the Services. They may not be modified without the consent of a duly authorized representative of us and will supersede and prevail over any terms or conditions you may include with any documents or communication with us, regardless of whether we signs them or fails to object to them. This "Entire Agreement" clause shall survive any expiration or termination of the Services.

16. Contact

These Terms are a contract between you and us. No other person will have any rights to enforce any of these Terms. If you have any questions concerning the Services or these Terms, please contact us via email: cs@novellairs.com.