Creative Novels General Terms of Service
Last modified: May 25th, 2018
*NO LONGER OF USE*
Please visit the current terms.
Welcome to Creative Novels!
Thanks for using our products and services (“Services”). The Services are provided by creativenovels.com, also named “Creative Novels” in these terms, located at New York, NY, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not by Creative Novels. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Creative Novels Account
You may need a Creative Novels Account in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by an administrator, such as your employer or Group Lead. If you are using a Creative Novels Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Creative Novels Account, keep your password confidential. You are responsible for the activity that happens on or through your own Account. Try not to reuse your Creative Novels Account password on third-party applications. If you learn of any unauthorized use of your password or Creative Novels Account, follow these instructions.
Privacy and Copyright Protection
Creative Novel’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Creative Novels can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Creative Novels’ policy about responding to notices by contacting us at [email protected] or on our Contact Page.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Creative Novels (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a Creative Novels Account, we may display your Profile name, Profile photo, and actions you take on Creative Novels or on third-party applications connected to your Creative Novels Account (such as likes, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Creative Novels Account. For example, you can choose your settings so your name and photo do not appear in an ad.
You can find more information about how Creative Novels uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Creative Novels may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CREATIVE NOVELS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, CREATIVE NOVELS, AND CREATIVE NOVELS’ SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CREATIVE NOVELS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CREATIVE NOVELS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Creative Novels and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Creative Novels (creativenovels.com) and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New York County, New York, USA, and you and Creative Novels consent to personal jurisdiction in those courts.
For information about how to contact Creative Novels, please visit our contact page.
Use of Creative Novels Website
1. ACCEPTANCE OF TERMS
A. By using and/or visiting this website (collectively, including all content available through the Creative Novels domain name and any country-specific domains or subdomains thereof, the “Creative Novels Website”, or “Website”, or mobile applications accessing or associated with Creative Novels), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Creative Novels’ privacy notice, found at https://creativenovels.com/privacy-policy and incorporated here by reference, and (3) Creative Novels’ Community Guidelines, found at https://creativenovels.com/guidelines and also incorporated here by reference (“Agreement”). If you do not agree to any of these terms, the Creative Novels privacy notice, or the Community Guidelines, please do not use the Creative Novels Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://creativenovels.com/terms-of-service). Creative Novels may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. WEBSITE
A. These Terms of Service apply to all users of the Creative Novels Website, including users who are also contributors of text content, information, and other materials or services on the Website.
B. The Creative Novels Website may contain links to third party websites that are not owned or controlled by Creative Novels. Creative Novels has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Creative Novels will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Creative Novels from any and all liability arising from your use of any third-party website.
3. ACCOUNTS
A. In order to access some features of the Website, you will have to create a Creative Novels account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Creative Novels immediately of any breach of security or unauthorized use of your account.
B. Although Creative Novels will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Creative Novels or others due to such unauthorized use.
C. You will not create an account if you are under 13 years of age.
D. You will not use Creative Novels if you are a convicted sex offender.
E. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.
F. The administration of the site reserves the right to terminate any account without notice.
4. GENERAL USE OF THE WEBSITE
Creative Novels hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Creative Novels’ prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or Creative Novels Content through any technology or means other than the Website itself.
D. You agree not to use the Website for any commercial use, without the prior written authorization of Creative Novels. Prohibited commercial uses include any of the following actions taken without Creative Novels’ express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Creative Novels website or any third-party website, targeted to the content of specific User Submissions or Creative Novels content;
* and any use of the Website or its related services that Creative Novels finds, in its sole discretion, to use Creative Novels’ resources or User Submissions with the effect of competing with or displacing the market for Creative Novels, Creative Novels content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Creative Novels servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Creative Novels grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Creative Novels reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, Creative Novels Community Guidelines, and all applicable local, national, and international laws and regulations.
G. Creative Novels reserves the right to discontinue any aspect of the Creative Novels Website at any time.
5. USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Creative Novels Website.
A. The content on the Creative Novels Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Creative Novels, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Creative Novels reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
* for your information and personal use;
* as intended through the normal functionality of the Creative Novels Service;
C. You may access Creative Novels Content, User Submissions and other content only as permitted under this Agreement. Creative Novels reserves all rights not expressly granted in and to the Creative Novels Content and the Creative Novels Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Creative Novels Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Creative Novels Website or the Content therein.
F. You understand that when using the Creative Novels Website, you will be exposed to User Submissions from a variety of sources, and that Creative Novels is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Creative Novels with respect thereto, and agree to indemnify and hold Creative Novels, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. USER SUBMISSIONS AND CONDUCT
A. As a Creative Novels account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls, profile images, forum messages or instant messages. User submitted content are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Creative Novels does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Creative Novels to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Creative Novels, you hereby grant Creative Novels a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the Creative Novels Website. You also hereby grant each user of the Creative Novels Website a non-exclusive license to access your User Submissions through the Website. You understand and agree, however, that Creative Novels may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Creative Novels all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Creative Novels Community Guidelines, found at https://creativenovels.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Creative Novels does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Creative Novels expressly disclaims any and all liability in connection with User Submissions. Creative Novels does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Creative Novels will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights or contravenes any applicable privacy legislation. Creative Novels reserves the right to remove Content and User Submissions without prior notice.
7. ACCOUNT TERMINATION POLICY
A. Creative Novels will terminate a User’s access to its Website if, under appropriate circumstances, the User is determined to be an infringer.
B. Creative Novels reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Creative Novels may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. COPYRIGHT POLICY
As part of Creative Novels’,s copyright policy, Creative Novels may terminate user access to the Website if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
1. Include a statement telling us that you have found a content on Creative Novels which you believe infringes your copyright (for example, “I hereby confirm that I believe the story identified below infringes my copyright”).
2. Tell us which country your copyright applies to.
3. Tell us the title of the content concerned and the full URL for its page.
4. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)
5. Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyrighted work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
6. Let us have contact information so that we can get in touch with you (email address is preferred).
7. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
8. Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.”
10. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
11. Send the notice, in English, to the following address:
Attn: Creative Novels Copyright Infringement Notification
Email: [email protected]
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Make sure you know whether the content that you have seen on Creative Novels infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
If you submit a User Submission to the Creative Novels Service then you authorize Creative Novels to act as your agent to issue Takedown notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if Creative Novels becomes aware of infringement of User Submissions and/or Content from the Creative Novels Service, then Creative Novels may in its sole discretion elect to issue Takedown notices under the DMCA or similar legislation to attempt to curtail such infringement.
9. WARRANTY AND CONDITION DISCLAIMER
YOU AGREE THAT YOUR USE OF THE CREATIVE NOVELS.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CREATIVE NOVELS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING CREATIVE NOVELS.COM) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. CREATIVE NOVELS.COM MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CREATIVE NOVELS.COM WEBSITE. CREATIVE NOVELS.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. CREATIVE NOVELS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CREATIVE NOVELS.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CREATIVE NOVELS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL CREATIVE NOVELS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CREATIVE NOVELS.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CREATIVE NOVELS.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Creative Novels makes no representations that the Creative Novels Website is appropriate or available for use in their locations. Those who access or use the Creative Novels Website do so at their own volition and are responsible for compliance with local law.
11. INDEMNITY
You agree to defend, indemnify and hold harmless Creative Novels, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Creative Novels Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Creative Novels Website.
12. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the Creative Novels Website is not intended for children under 13.
13. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Creative Novels without restriction.
14. GENERAL
You agree that: the Creative Novels Website shall be deemed a passive website that does not give rise to personal jurisdiction over Creative Novels, either specific or general. These Terms of Service, together with the Privacy Notice at https://creativenovels.com/privacy and any other legal notices published by Creative Novels on the Website, shall constitute the entire agreement between you and Creative Novels concerning the Creative Novels Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Creative Novels’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Creative Novels reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Creative Novels Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND CREATIVE NOVELS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CREATIVE NOVELS.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
