Welcome, and thank you for your interest in the Novelove Platforms, which is owned and operated by WORDSFLY LIMITED. ("Novelove", "We", or "Us"). These TERMS OF USE together with all documents referred to herein and all other operating rules, policies and procedures that Novelove may publish from time to time, such as our Content Policy (as defined below) and Conduct Policy (as defined below) (collectively, the “Terms”), govern Novelove's relationship with users (“users”, “you”) of the Novelove platform, including all sub-domains and associated websites (collectively, the “Website”), the Novelove mobile application(s), including iPhone and Android mobile applications (“Apps”), any and all other platforms on which content is accessed, published, or distributed, and all associated services, features, or content made available through any of the foregoing (“Services”) (together with the Website, Apps, the “Platform”). These Terms are a legally binding contract between you and Novelove regarding your use of the Platform.
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.
You must be at least 13 years of age to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Platform is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2.1 To use certain features of the Platform, you are required to register for a Novelove 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, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account.
2.3 We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.
3.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Novelove 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) accessing Works, using the Platform, and for other purposes expressly stated herein.
3.2 License Restrictions. 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) be allowed to be transferred by the Terms from us any of our, or any third party's intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner; (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; or (d) make modifications to the Service.
4.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including 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 publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
4.2 Limited License Grant to Novelove. By posting or publishing User Content, you grant Novelove a worldwide and non-exclusive right and license (with the right to sublicense to Novelove 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.
4.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
4.4 User Content Representations and Warranties. 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 Novelove 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 Novelove, 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 Novelove policies or guidelines to which your User Content is subject; (iv) cause Novelove to violate any law or regulation; (v) 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.
4.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Novelove may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment 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. Novelove does 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 Novelove with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Novelove does not permit copyright-infringing activities on the Service.
4.6 In your use of the Services you may enter into additional terms and conditions and other agreements that alter or override these Terms of Use, such as when you enter a contest or join a special program. In case of any conflict or inconsistency, the terms and conditions of those additional terms and agreements would override these Terms of Use.
5.1 Don't use the Service for any illegal purpose or in violation of any local, state, national, or international law.
5.2 Don't violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; don't change, translate, reproduce, distribute or otherwise create derivative works of any content unless you get explicit consent from the author of that content.
5.3 Don't 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; (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; (c) damage or get unauthorized access to any system, data, password, or other information; (d) take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers.
5.4 Don't interfere with the operation of the Service or any user's enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) 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.
5.5 Don't 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.
5.6 Don't use any kind of software, device or method (whether it's manual or automated) to “crawl”, “spider” or otherwise remove any content from any part of the Site or Services; don't sell or otherwise transfer the access granted under these Terms or any Information (as defined in Section 16) or any right or ability to view, access, or use any Information.
5.7 Don't solicit, for commercial purposes, any users of the Service with respect to their User Content.
5.8 Don't attempt to do any of the acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5.
6.1 WORDSFLY LIMITED is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.
6.3 Access to the Platform, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable.
6.4 Novelove reserves the right to determine pricing for the Service. Novelove will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Novelove may change the fees for any features of the Service, including additional fees or charges, if Novelove gives you advance notice of changes before they apply. Novelove, at its sole discretion, may make promotional offers with different features and different pricing to any of Novelove's users. These promotional offers, unless made to you, will not apply to your offer or these Terms.
6.5 Novelove will charge the payment method you specify at the time of purchase. You authorize Novelove to charge to that payment method all sums for orders that you make and any level of Service you select as described in these Terms or published by the Company. Payment processing services are provided by the third-party service through which the purchase is made (e.g., Apple In-App Purchases, Google Play, PayPal, Credit Card). If you pay any fees with a credit card, Novelove may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
6.6 All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time or purchase.
7.1 At some point, we may wish to update the app. The app is currently available on Android - the requirements for the system(and for any additional systems we decide to extend the availability of the app to) may change, and you'll need to download the updates if you want to keep using the app. WORDSFLY LIMITED does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
7.2 You may terminate your account at any time by contacting customer service at surpport@words-fly.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Novelove may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
8.1 The Novelove app stores and processes personal data that you have provided to us, to provide our Service. It's your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Novelove app won't work properly or at all.
The app does use third-party services that declare their Terms and Conditions.
Link to Terms and Conditions of third-party service providers used by the app:
- AdMob
- Google Analytics for Firebase
8.2 With respect to WORDSFLY LIMITED's responsibility for your use of the app, when you're using the app, it's important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. WORDSFLY LIMITED accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
8.3 Novelove 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 Novelove with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party 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.
8.4 The Platform may contain links or embedded material to third party content, which Novelove has not reviewed, including, without limitation, other websites and third party services, for the convenience of visitors, advertising purposes, or for other similar functions related to Novelove's business. Novelove linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. Novelove is not responsible for any third party content linked or embedded to or from the Platform and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party website, or the quality of products of services provided by or advertised on such third party website.
In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Promotion”) made available by Novelove through the Platform, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. Novelove urges you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict of the language with a given Promotion.
10.1 By downloading or using the app, these terms will automatically apply to you - you should make sure therefore that you read them carefully before using the app. You're not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You're not allowed to attempt to extract the source code of the app, and you also shouldn't try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to WORDSFLY LIMITED. The Platform reserves all rights in the Sites' and the Services look and feel, and in our content. You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Novelove or as set out in this clause. Please do not use our logo or trademarks in any way that might suggest Novelove endorses a particular product or service, or you have a business relationship with Novelove. Please do not alter, stretch, condense, embellish, add sparkles to, or otherwise change our logo in any way.
10.2 Novelove may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. Platform can remove any content you post or submit for any reason. Novelove may access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms of Use, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Services, its users and the public.
The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.
11.1 You should be aware that there are certain things that WORDSFLY LIMITED will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but WORDSFLY LIMITED cannot take responsibility for the app not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.
If you're using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, WORDSFLY LIMITED cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged - if it runs out of battery and you can't turn it on to avail the Service, WORDSFLY LIMITED cannot accept responsibility.
11.2 Novelove makes no guarantee that your use of the Platform, and all other features or functionality 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 you 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.
11.3 Novelove does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Works or Services.
11.4 Novelove assume no responsibility for (a) 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.; (b) all content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and we cannot take responsibility for such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
11.5 You understand and agree that Novelove is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.
11.6 Novelove specifically disclaims any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, availability, security, title or non-infringement, and any warranties implied by any course of dealing or performance.
11.7 When you use the Services, you release Novelove from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.
Notwithstanding anything to the contrary contained herein, Novelove shall not be liable to you for any damages that arise from your use of, or in connection with, the Services and any content. This exclusion includes: (a) where the Services are hacked or unavailable, (b) all types of damages (direct, indirect, punitive, incidental, consequential, special or exemplary), whatever the type of claim or loss (breach of contract, tort (including negligence, tort, personal injury, property damage), breach of warranty, or any other claim or loss), (c) any lost profits, data or revenues, or (d) any conduct or content of other users or third parties on the Site or the Services, whether or not Novelove 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 Novelove 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.
Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 12 will apply even if any limited remedy fails of its essential purpose.
You consent and agree that the Terms will be exclusively governed by the Governing Law of the People's Republic of China applicable to contracts entered into and performed within China and notwithstanding any conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Novelove agree to submit to the personal and exclusive jurisdiction of the courts located within China. We operate the Service from our offices in Room 903, Building 5, Qisheng Plaza, Jinan City, Shandong Province, China, and we make no representation that Information included in the Service are appropriate or available for use in other locations.
14.1 You and Novelove agree that any dispute, claim, or controversy between you and Novelove arising in connection with or relating in any way to these Terms or to your relationship with Novelove (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 Novelove will be resolved by binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) under the CIETAC's arbitration rules in force when the notice of arbitration is submitted.
14.2 Novelove respects the intellectual property rights of others and desires to offer a Platform that contains no material that violates the intellectual property rights of others. If you believe in good faith that your intellectual property rights have been infringed through use on the Platform, you may notify us by email at: copyright@words-fly.com with “Notice of Infringement” in the subject line.
Novelove reserves the right to remove 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.
Any notice or counter-notice you submit pursuant to the foregoing must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
15.1 You are responsible for your use of the Platform, and you will defend and indemnify Novelove and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Novelove Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; 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 otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
15.2 Novelove reserves the right to take over the exclusive defense of Claims for which Novelove is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to Novelove at your own expense.
16.1 Ownership. The Service is owned and operated by Novelove. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Information”) provided by Novelove are protected by intellectual property and other laws. All Information included in the Service are the property of Novelove or our third-party licensors. Except as expressly authorized by Novelove, you may not make use of the Information. Novelove reserves all rights to the Information not granted expressly in these Terms.
16.2 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Novelove regarding your use of the Service.
16.3 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
16.4 Modifications of Terms. Novelove reserves the right to modify, alter, amend, or update the Terms at any time in Novelove's sole discretion, and such new Terms will immediately take effect upon Novelove posting such new Terms on the Platform or otherwise disseminating the new Terms to you. We will notify you of any changes by posting the new Terms and Conditions on this page. You are encouraged to frequently visit this page to review the current Terms. Your continued use of the Platform in any capacity following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. These terms and conditions are effective as of 2021-12-18.
16.5 No Waiver and Severability. (a)If Novelove doesn't exercise or enforce a particular right or provision under these Terms of Service, that doesn't mean we've waived that right or provision. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. (b) Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. (c) If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at admin@words-fly.com.