NOVEL EFFECT TERMS OF SERVICE
The Novel Effect Application (“Novel Effect,” “Application,” “We,” “Us”) is a multi-platform service that provides users with voice driven media and entertainment. In particular, some of Novel Effect’s features utilize voice recognition systems to activate musical accompaniments, sound effects, and other media (collectively, the “Media”) when the user reads a story aloud.
3. YOUR PRIVACY
4. NOVEL EFFECT COMMUNICATIONS
A. ACCOUNT RELATED COMMUNICATIONS
Your use of the Services represents to Novel Effect that you consent to receive electronic communications relating to your account. We may communicate:
B. MARKETING COMMUNICATIONS
5. NOVEL EFFECT APP SERVICES
A. PERSONAL USE
You are only allowed to use Novel Effect’s Services, and any Media accessed through our Services, for your personal and non-commercial use. We grant you a limited, non-exclusive, non-transferable, license to access the Application Media as a user. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
B. LIBRARY USE
Libraries and library employees are allowed to use Novel Effect’s Services, and any Media accessed through our Services, for your use in connection with your library’s services or events. We grant you a limited, non-exclusive, non-transferable, license to access the Application Media as a user. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
C. EDUCATORS AND EDUCATION INSUTITIONS USE
Educators and education institutions are allowed to use Novel Effect’s Services, and any Media accessed through our Services, for your use in connection with your education activities, classes and events. We grant you a limited, non-exclusive, non-transferable, license to access the Application Media as a user. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
D. GEOGRAPHIC LOCATION RESTRICTIONS
Novel Effect uses your IP address to determine your geographic location. Your ability to access certain Materials may vary by location, depending on availability, applicable state or national laws, and location-specific Media.
E. SERVICE CHANGES
Novel Effect reserves the right to change or update its Services at any time and without notice to you including the availability of Media, delivery and pricing.
Novel Effect reserves the right to change or update its Services at any time and without notice to you including the availability of Media, delivery and pricing. Acknowledgements of the various software components and systems Novel Effect employs, visit http://www.noveleffect.com/acknowledgements
G. YOUR PROMISES TO NOVEL EFFECT
i. Copy Restrictions – Novel Effect respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, unless you obtain express written consent from Novel Effect, you are NOT ALLOWED to:
decompile, disassemble, or electronically transfer Our Services to third parties;
modify Our Services in any way;
reverse engineer, or permit others to reverse engineer, Our Services;
copy the help features, user forums and other documentation associated with Our Services;
rent, lend, publicly perform, present, broadcast or distribute Our Services;
make derivative works of Our Services;
translate Our Services into another computer language;
use Our Services on a device that you do not own or control;
permit multiple users to share a single user name to Our Services; or
ii. Harmful or Illegal Use – By using the Services, you agree to respect Novel Effect and fellow users. To the extent permitted by applicable law, you are NOT ALLOWED to:
use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
use or launch any automated system on Our network, including (without limitation) “robots” or “spiders.”
attempt to access other networks or accounts that do not belong to you on Our network;
undergo any act that interferes with the Services of another user or network;
circumvent security measures on the network or Our Services;
engage in illegal activities or engage in activities harmful to the operations of Novel Effect, our Services or other users;
use the network or Services to collect or use any personally identifiable information (“PII”) including, without limitation, account names, email addresses, or other user data;
engage in terroristic activities;
send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third party IP or privacy rights; or
Provide false data on any of the Services.
The availability of Our Services and Media may be subject to your geographic location, internet connection, and the devices you use to access Our Services. While Novel Effect strives to provide you with fast and reliable experience, there are some instances where your device or internet connection may cause Our Services to be slow or where your geographic location can restrict you from viewing some Media.
Novel Effect will not be responsible for issues in quality or outages. You are responsible for all Internet or mobile data access charges. Please check with your Internet and/or mobile service provider for information on possible Internet data usage charges.
A. ACCOUNT SECURITY
It is your responsibility, and not Novel Effect’s, to monitor the accuracy and security of your user account. Every user account is protected by a username and password. To reset your password, email firstname.lastname@example.org.
B. CONTACTING YOU
Novel Effect will never contact you for sensitive account information outside of the Application website or mobile app. You should never open any emails or click any links that appear to be from Novel Effect regarding your account outside of the Novel Effect dashboard, no matter how legitimate these communications may look. Please access and change all information through your Novel Effect account by logging in with your username and password.
7. DISCLAIMERS, WARRANTIES AND LIMITATIONS OF LIABILITY
A. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with Our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOVEL EFFECT, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE NOVEL EFFECT SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER NOVEL EFFECT HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO NOVEL EFFECT SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO NOVEL EFFECT DURING THE PRIOR THREE MONTHS IN QUESTION.
B. INTERNET AND DATA DELAYS
THE NOVEL EFFECT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NOVEL EFFECT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
C. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVEL EFFECT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOVEL EFFECT DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF NOVEL EFFECT SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A NOVEL EFFECT AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
D. EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
8. ARBITRATION AGREEMENT
ANY DISPUTE ARISING OUT OF THIS AGREEMENT SHALL BE RESOLVED AND DETERMINED BY ARBITRATION UNDER THE THEN-CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDINGS SHALL BE HELD IN KING COUNTY, WASHINGTON STATE. ALL QUESTIONS OF LAW SHALL BE DECIDED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT POSSIBLE, THE PARTIES SHALL UTILIZE THE SIMPLIFIED RULES OF ARBITRATION AS SET FORTH BY THE AMERICAN ARBITRATION ASSOCIATION.
YOU AND NOVEL EFFECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Novel Effect agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
B. INTELLECTUAL PROPERTY
i. Copyright. Novel Effect, including all content provided on the Novel Effect Services, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
Novel Effect is a pending registered trademark of Novel Effect, Inc.
iii. Patent Pending
Novel Effect has patent applications that apply to Our Service.
iv. Claims of Copyright Infringement
If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Novel Effect service, please notify us by emailing email@example.com.
C. GOVERNING LAW
This Agreement will be interpreted in accordance with the laws of the State of Washington, including all matters of construction, validity, performance, and enforcement, without giving effect to any principles of conflict of laws.