Last updated: September 1, 2024
NovoNGen Co. ("NovoNGen," "we," "us," or "our") provides our services (described below) and related content to you through our website(s) located at https://novongen.com (the “Site”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NOVONGEN ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
At NovoNGen, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://novongen.com/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use, and disclosure of personal data and other data as outlined therein.
In addition, when using certain features through the Service, including but not limited to premium access to specific chapters or novels, user commenting functions, and donation options, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Service Description: The Service is designed to provide a platform for users to access, read, comment on, and potentially purchase access to certain premium content, including but not limited to individual chapters or full novels. Additionally, the Service may permit user comments and donations to authors, allowing for further engagement and support of content creators. NovoNGen may, at its discretion, introduce further functionalities and associated terms governing these features.
Your Registration Obligations: You are required to register with NovoNGen in order to access and use certain features of the Service, including but not limited to premium content, commenting, and donation options. If you choose to register for the Service, you must provide valid registration details as required. You are responsible for maintaining the confidentiality of your registration information and for all activities that occur under your account. Registration data and all other information you provide in registering with the Service are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Premium Content, Fees, and Payment: Certain content, including but not limited to specific chapters, novels, or features, may require payment to access (“Premium Content”). If you elect to purchase Premium Content, you agree to pay all applicable fees and any associated charges incurred. Fees may vary depending on the content and may be subject to additional terms disclosed at the point of purchase. All payments are non-refundable except as may be expressly provided in these Terms of Service. NovoNGen reserves the right, at our discretion, to modify fees, charges, or payment requirements associated with Premium Content.
Donations: The Service may permit users to make donations to content creators or other users through the Service’s donation functionality. All donations are voluntary, and NovoNGen does not guarantee that any specific portion or percentage of donations will be allocated in any particular manner, except as disclosed. NovoNGen may impose certain limits or restrictions on donations and may require compliance with additional terms specific to the donation functionality.
General Practices Regarding Use and Storage: You acknowledge that NovoNGen may establish general practices and limits concerning the use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on NovoNGen’s or its third-party service providers’ servers on your behalf. You agree that NovoNGen has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that NovoNGen reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that NovoNGen reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to NovoNGen, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing, or otherwise making available to other users of the Service (collectively, “User Content”). NovoNGen has no liability for any User Content. The following are examples of the kinds of content and/or uses that are illegal or prohibited by NovoNGen. NovoNGen reserves the right to investigate and take appropriate legal action against anyone who, in NovoNGen’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. Except as expressly authorized by NovoNGen in writing, you agree to not use the Service to:
Additionally, when you create and/or make available any User Content, you represent and warrant that:
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by NovoNGen, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The NovoNGen name and logos are trademarks and service marks of NovoNGen (collectively the “NovoNGen Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to NovoNGen. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NovoNGen Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of NovoNGen Trademarks will inure to our exclusive benefit.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless NovoNGen, its affiliates, and its respective officers, employees, directors, service providers, licensors, and agents (collectively, the “NovoNGen Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. NovoNGen will provide notice to you of any such claim, suit, or proceeding. NovoNGen reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting NovoNGen’s defense of such matter. You may not settle or compromise any claim against the NovoNGen Parties without NovoNGen’s written consent.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NOVONGEN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NOVONGEN PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NOVONGEN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
Agreement to Arbitrate: You agree that any and all disputes or claims that have arisen or may arise between you and NovoNGen, whether arising out of or relating to these Terms of Service, the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND NOVONGEN AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You agree that NovoNGen, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if NovoNGen believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities.
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and NovoNGen governing your access and use of the Service and supersede any prior agreements between you and NovoNGen with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content, or third-party software.
Please contact us at staff@novongen.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
