NovelHi User Agreement
NovelHi User Agreement (this "Agreement") is an agreement between the user ("User" or "you") and NOVEL HI LIMITED and its subsidiaries ("NOVELHI" or "us") with respect to User's use of the services provided by NOVELHI.
The service provided by us to Users refers to the service provided by us through our legally owned and operated online platforms (the "Services"), including, without limitation, any website containing "NovelHi.com" in the domain name (the "Platform"). These terms and conditions set out the terms and conditions under which you may use our platform and any services provided now or in the future via our platform. Where applicable, references to "our platform" or "platforms" include the Services.
By accessing the platform or using the services, you acknowledge that you have carefully read and understood all terms and conditions of this Agreement as well as other guidelines, rules and policies contained in the platform (including but not limited to the User Privacy Policy and the user agreements, policies, rules etc., made by us separately for the provision of a specific service) (collectively, the "Terms") and agree to be bound by the Terms and Conditions. Please pay special attention to and carefully read the disclaimer clause or limitation of liability clause in the service terms. If you do not agree to any service terms, you shall have the right to stop accessing the platform and using services.
NovelHi.com only provides general information and nothing on the site should be taken as any form of advice, warranty or endorsement. The content, information, articles, links, pictures, graphics, and other information contained on this site is for information and entertainment purposes only and is not a substitute for professional advice. To learn more, you should review our Privacy Policy which details important information that will help answer questions regarding personal privacy in relation to the use of our site.
1.1. The Platform provides you with registration channels, and you shall have the right to choose a legal combination of characters as your own account and set a password that meets the requirements of security on your own. The account number and password set by a user are the vouchers for the user to log in the Platform and use services.
1.2. You understand and undertake that the account set up by you shall not violate the national laws and regulations as well as the relevant rules of the Platform and shall not take any actions that infringe upon the national interests, damage the legitimate rights and interests of other citizens or detrimental to the social morals. Your account name, photo, introduction and other registered information and other personal information shall not contain illegal or malicious information. Without such persons' permission, you shall not open an account in the name of another person (including, without limitation, using another person's name, name, trade name, or head photo or in any other ways that are confusing the public), and you shall not register an account in bad faith (including, without limitation, frequent registration and bulk registration of account and other acts). We have the right to review the information submitted by you.
1.3. Your account number shall be used only by you and without the written consent of NOVELHI, no gift, loan, lease, transfer, sale or other license of the account number in any form is allowed. If NOVELHI finds or has reasonable grounds to believe that a user is not the person who originally registered the account, in order to keep the account security, the NOVELHI shall have the right to immediately suspend or terminate the provision of services to that registered account or cancel the said account.
1.4. You are responsible for maintaining the security and confidentiality of your personal account and password and bear full legal liability for your activities conducted in the name of your registered account.
1.5. If you believe that your Password or any other way of accessing your account has been leaked, lost or stolen, or that an unauthorized person is or may attempt to access the Platform or use the Services through your account, you must immediately email Support@meatasota.ai or call NOVELHI.
2.1. All information, content and materials contained or offered on our site are our copyrighted property or the copyrighted property of our content suppliers, licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our content suppliers, licensors or licensees. Nothing contained on our site confers any license, right, title, or interest in or to our intellectual property or any third-party’s intellectual property (including but not limited to patents, copyrights and trademarks) in any form by implication, estoppel, or otherwise. No content or material from our site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way that violates these terms of use or applicable law.
2.2. Authorized Use. The Content is limited to your use for internal administration, reference and reference purposes (collectively, the "Authorized Use"). Any Authorized User may visit the Platform, download, e-mail or print limited quantity of materials via the Platform, or save limited quantity of materials via the Platform as limited quantity of electronic documents through the save function of the Platform. The authorized use does not include: (1) re-issue, forward, publish, transfer, commercial or other develop all or part of the materials from the Platform; (2) directly or indirectly creating or compiling any albums, compilations, databases or catalogs through extracting from the Platform information system.
2.3. You agree that you will only use our site for your personal use. You must not use our site for commercial purposes or in any way that harms us or any other person or entity. You shall not use or attempt to use our site for any improper or unlawful purpose including, without limitation, to violate any of our policies, procedures, or requirements, or to interfere with, disrupt, or breach the security of our site or any of our servers or networks. You are further responsible for ensuring that your use of our site does not violate any applicable local, state, federal, international or other law, rule, or regulation.
2.4. Trademarks. The trademarks, service logos, commodity names and logos (collectively, the "Commercial Logos") used and displayed on the Platform belong to the NOVELHI or a third party otherwise designated. You may not copy, counterfeit or use, for any purpose, any of these Commercial Logos or any marks similar in whole or in part to any of such Commercial Logos. You are not licensed or authorized to use any Commercial Logos used or displayed on the Platform.
When you are on our site you could be directed, via hyperlink, to third party websites that are beyond our control. For example, our site may provide search results in response to user queries or other links from advertisers, sponsors or content partners that may or may not use ads or logo(s) to link to their own sites. You acknowledge that when you click on a link that leaves our site, the site you will land on may not be controlled by us and different terms of use and privacy policies shall apply. By clicking on such links you hereby acknowledge that novelhi.com is not responsible for those websites or their associated content or services. We also reserve the right to disable links from any third-party sites, although we are under no obligation to do so.
Should you send e-mails to us for any reason, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on our site. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you use the billing services of NOVELHI, you shall pay the corresponding fees as required by NOVELHI. Furthermore, such right shall be the autonomy of NOVELHI. NOVELHI reserves the right to change its business model at any time, i.e., it reserves the right to change the charging standards, software functions of charges, person and time of charges, etc.
If you use the services (or access platform content) in accordance with other authorizations of NOVELHI, you can only do so for the purpose of evaluating its suitability. Your trial use is subject to this Agreement and other service terms, including but not limited to the clause under "License Access and Restrictions". Upon the end of the trial period, you shall: (1) cease using the service; (2) delete from your computer system all content or data downloaded from the Platform and delete such content stored in other computer systems; and (3) destroy the physical copies in your possession containing such content or return such content to NOVELHI at your cost.
If you use the services anonymously, or in other words you are a "VISITOR user", you can only use the services for the purpose of making inquiries for information. You have the right to read information and materials available on the Platform only. Your use must be subject to this Agreement and other service terms, including but not limited to all restrictions therein and thereto.
You shall be responsible for your use of the Service. Unless permitted by law or with the prior written permission of NOVELHI, your use of the Service shall not:
8.1. access or attempt to access area of the NOVELHI's computer system or other system information for any reason (unless you are expressly permitted to access a particular portion relating to the platform pursuant to the Subscription Agreement);
8.2. use a web crawler or other automatic download programs or devices for any purpose, including, but not limited to, transmission of any unsolicited or authorized commercial advertisement for the purpose of obtaining from the Platform the mailing or email address of another person;
8.3. use any plug-in, plug-in, system or third party tool not authorized or licensed by the Company to interfere with, disrupt, modify or otherwise affect the normal operation of the Platform and related services;
8.4. make use of or by targeting the Platform and related services to carry out any activities that compromise computer network security, including but not limited to:
8.5. use the Platform to upload, publish or distribute any information in violation of relevant laws and regulations, infringing upon others' rights, being abusive, hateful, obscene, profane, pornographic, intimidating or vulgar, or containing errors, viruses or other harmful contents.
8.6. If we have reasons to think that your behaviors violate or may violate the above provisions, we may make an independent judgment and deal with the same and shall have the right to terminate the services to you without prior notice and take action against relevant legal liabilities.
9.DISCLAIMER
9.1.THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR PROVIDED THROUGH OUR SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR SITE FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.
9.2. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE. WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.
9.3. NOVELHI EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTY OF FITNESS FOR ITS PARTICULAR PURPOSE; AND (2) ANY WARRANTY THAT ANY OF THE INFORMATION MATERIAL USED IN THE PLATFORM OR THE SERVICES USED BY YOU WILL BE ERROR FREE, UNINTERRUPTED, UNAFFECTED BY OTHER FAILURES AND WILL MEET YOUR REQUIREMENTS.
9.4. NOVELHI SHALL NOT BE LIABLE FOR: (1) ANY ADVERSE EFFECT ON YOUR COMPUTER SYSTEM OR THE BREAKDOWN OF YOUR SYSTEM OR OTHER TECHNICAL PROBLEMS CAUSED IN ANY WAY BY COMPUTER VIRUS, OR OTHER MALWARE, PROGRAM, CODE; OR (2) ANY ACT, OMISSION OR FAULT OF ANY THIRD PARTY USED IN PROVIDING OR ACCESSING THE PLATFORM.
9.5. IN NO EVENT SHALL NOVELHI OR ANY EXPRESS THIRD PARTY SERVICE PROVIDER OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR AFFILIATED AGENCIES, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES CAUSED THEREBY, LOSS OF PROFITS, LOSS OF DATA OR BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF ACTION IN WHICH CASE, THAT IS, WHETHER UNDER CONTRACT LAW, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES.
9.6. NOTWITHSTANDING YOUR ACCESS TO THE PLATFORM OR USE THE SERVICES AT YOUR OWN RISK, IN CASE NOVELHI IS HELD LIABLE FOR ANY AND ALL CLAIMS IN CONNECTION WITH OR ARISING OUT OF THE TERMS OF THE SERVICES OR YOUR USE OF THE SERVICES, THE AGGREGATE AMOUNT OF INDEMNIFICATION OF NOVELHI FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE PROPORTION OF FEES PAID FOR YOUR SUBSCRIPTION TO THE PLATFORM OVER THE PRECEDING SIX MONTHS. YOU ACKNOWLEDGE THAT THIS RESTRICTION IS A CONDITION TO YOUR ACCESS TO THE PLATFORM AND USE OF SERVICES.
10.LIMITATION OF LIABILITY
10.1.IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), OR FOR FAILURE TO STORE OR DELIVER, IN A TIMELY OR UNTIMELY MANNER, ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, THE CONTENT OF OUR SITE, OR FROM USERS OF OUR SITE (WHETHER OFFLINE OR ONLINE), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR CONTENT PROVIDERS, LICENSORS, LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR SITE AND ANY OTHER WEBSITE, BROWSER, SERVICE, SOFTWARE OR HARDWARE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.2. FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE.
11.1. You understand and agree that in the course of using the services we may show advertising and promotional messages to you in relation to the products and services of NOVELHI, its affiliates and third parties. The content of such advertising and promotional messages may be pushed to you based on your preferences and interests as demonstrated by your use of the services.
11.2. We shall perform relevant advertising and promotion obligations in accordance with laws. You shall make your own judgment on the authenticity and reliability of such advertising or promotion information and take responsibility for your own judgment. Unless expressly provided by laws and regulations, your purchasing or trading as a result of such advertising or promotion information or any damage or loss as a result thereof shall be borne by you and NOVELHI shall not be responsible for such content.
11.3. The methods, models and scope of advertising on the Platform are subject to changes without notice.
12.1. If you breach this agreement or other terms of service, we shall have the right to, based on specific circumstances, take such measures as giving a pre-warning, refusing to release, stopping transmitting information immediately, deleting follow-up threads, banning speech for a short period of time, restricting part or all of the functions of the account and even closing the account permanently. We shall have the right to announce the result and decide whether to resume the use of the relevant account based on the actual situation. For activities suspected of violating laws and regulations, or violating laws or committing a crime, the MIIT will retain relevant records, report to and cooperate with relevant competent departments in investigations according to law.
12.2. You agree to defend, indemnify and hold harmless NOVELHI, its affiliates, and their respective directors, officers, employees, subcontractors, successors, assigns and subordinates from and against any and all claims, causes of action, actions, suits, suits, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising out of or resulting from: (1) your breach of these Terms of Service or the Subscription Agreement; (2) your provision of incomplete or inaccurate information or data; or (3) any content you upload or paste onto the Platform. NOVELHI reserves the right to assume and participate, at your sole discretion, in the investigation, handling and defense of any such suit or claim that is indemnifiable. No settlement of any claim is made without the prior written consent of NOVELHI, unless such settlement completely releases NOVELHI from all liabilities and does not include or require any payment or remedy from NOVELHI.
12.3. We shall respect and protect the intellectual property rights, rights of reputation, right of name, right of privacy and other legal rights and interests of users and others. You shall warrant that the texts, pictures, videos, audio and links uploaded by you with the Service do not infringe the intellectual property rights, rights of reputation, right of name, right of privacy and other rights and legal rights and interests of any third party. Otherwise, we shall have the right to remove such content which is suspected of infringement upon receipt of notice from the party concerned or the relevant parties. You shall deal with all claims made by third parties and bear all legal liabilities possibly arising therefrom. If the Company and its affiliates suffer any loss (including economic loss, goodwill loss or other loss) due to your infringement act, you shall also fully indemnify us and its affiliates for all such losses suffered by you.
13.General Provisions
13.1.We reserve the right at any time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
13.2.If any provision of these terms of use, for any reason, be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these terms of use; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.
13.3.We may immediately terminate these terms of use with respect to you (including your access to our site, or any portion thereof) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of our site.
13.4.The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.
14.1. The formation, effectiveness, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China. If any provision of this Agreement is invalid or unenforceable due to conflict with the laws of the People's Republic of China, such provisions shall be reinterpreted as closely as possible to the original provisions hereof, and the other provisions of this Agreement shall remain in full force and effect.
14.2. Any dispute arising between you and NOVELHI in connection with this Agreement shall be settled by both parties through friendly consultations; if such consultations fail, you agree to submit the relevant dispute to the competent people's court for litigation and resolution.
We may make amendments to this Agreement from time to time. Such amendments shall form part of this Agreement. After updating this Agreement, we will issue an updated version on the platform and remind you of the updated content by making a announcement on the platform or by any other appropriate means before the updated terms are effective so that you can be up-to-date with the latest version of this Agreement. You may also consult the latest Terms of Agreement on the homepage of the Platform. If you continue to use services, you agree to accept the amended terms of this Agreement.
