Effective date: Nov. 20, 2021
For the purposes of this Agreement:
"Content Provider" means the party offering Novelclub Content in the Novelclub Store, which may be us or a third party.
"Novelclub Application" means software we make available that permits users to shop for, download, browse, or use the Novelclub Store or Novelclub Content on a Supported Device.
"Novelclub Content" means digitized content obtained through the Novelclub Store, such as books, newspapers, magazines, and other content.
"Novelclub Store" means our stores, on Novelclub Applications and on our website, the homepage of which is located at Inovelclub.com.
"Subscription Content" means Novelclub Content made available for access only for so long as you remain an active member of a subscription or membership program, such as Novelclub Prime.
"Service" means the provision of the Novelclub Store, Novelclub Content, Novelclub Application, and support and other services that we provide Novelclub Store, Novelclub Content, and Novelclub Application users.
"Supported Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a Novelclub Application.
1. Novelclub Content
Use of Novelclub Content. Upon your download or access of Novelclub Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Novelclub Content an unlimited number of times, (for Subscription Content, only as long as you remain an active member of the underlying membership or subscription program), solely through a Novelclub Application or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the Novelclub Store, and solely for your personal, non-commercial use. Novelclub Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Novelclub Content. Those terms will also apply, but this Agreement will govern in the event of a conflict. Some Novelclub Content, such as interactive or highly formatted content, may not be available to you on all Novelclub Applications.
Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Novelclub Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Novelclub Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.
Risk of Loss. Risk of loss for Novelclub Content transfers when you download or access the Novelclub Content.
2. Use of the Novelclub Applications. You may use the Novelclub Applications only on Supported Devices. For additional terms that apply to the Novelclub Applications, see the terms contained in the Legal or similar section in the Settings menu of your Novelclub Application.
Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service, and Novelclub may immediately revoke your access to the Service without refund of any fees. Novelclub's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Changes to Service; Amendments. We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Subscription Content from a Service, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the Inovelclub.com website. Your continued use of the Novelclub Application or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
Disputes/Binding Arbitration. Any dispute or claim arising from or relating to this Agreement or the Service is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability. You agree to those terms by entering into this Agreement, using the Novelclub Store, purchasing or using Novelclub Content, or using any aspect of the Service.
Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Agreement (1) in no event will our or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Novelclub Application exceed the amount of CDN$ 50.00; and (2) in no event will our or any other Content Provider's aggregate liability to you for all damages arising from your use of the Service (excluding the Novelclub Application) exceed the amount you actually paid for the Novelclub Content or for the aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Novelclub services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Novelclub services are provided by Novelclub on an "As is" And "As available" Basis, unless otherwise specified in writing. Novelclub makes no representations or warranties of any kind, express or implied, as to the operation of the Novelclub services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Novelclub services, unless otherwise specified in writing. You expressly agree that your use of the Novelclub services is at your sole risk.
To the full extent permissible by law, Novelclub disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Novelclub does not warrant that the Novelclub services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Novelclub services, Novelclub's servers or electronic communications sent from Novelclub are free of viruses or other harmful components. To the full extent permissible by law, Novelclub will not be liable for any damages of any kind arising from the use of any Novelclub service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Novelclub service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Contact Information. For help with your Novelclub Application, the Service, the Novelclub Store, Novelclub Content, or resolving other issues, please contact Customer Service at Inovelclub.com (or by email at firstname.lastname@example.org).