NovelSpark End User Service Agreement
Date of Last Update: November 3rd, 2025
These Terms of Service (“Terms”) constitute a legally
binding agreement between you and us. By accessing, using or
registering for the Services, you confirm that you have read,
understood and agreed to the Terms. You confirm that you have read and
understood our Privacy Policy. If you do not agree with the Terms, you
are not authorized to access or use the Services and you must cease
all such use immediately. In addition to these Terms, you agree to
abide by any supplemental policies and terms related to the Services
as well as any other operating rules, policies and procedures that may
be published from time to time on the Services, each of which is
incorporated herein by reference.
The Services are available to individuals age 13 and over (this age
limit may be higher in some jurisdictions as set forth in the
Supplemental Terms – Jurisdiction-Specific). Any access to or use of
the Services by anyone under 13 or the age of majority where you
reside is expressly prohibited. If you are between the ages of 13 or
the age of majority where you reside, you must review these Terms
with your parent or legal guardian to confirm that you and your
parent or legal guardian understand and agree to them.
This End User Service Agreement (“Agreement”)
is made by and between you and Zongheng Culture Limited.(“Zongheng” , “we” , or “us”).WHEREAS “Zongheng entities” includes Zongheng and
its subsidiaries, affiliates, officers, employees, agents, partners
and licensors;
WHEREAS Zongheng operates and maintains its
literature platform, including the website www.novlespark.net, along
with other related websites, networks, software, and applications
(collectively, the “Platform”);
WHEREAS Zongheng
through the Platform provide you online literature reading services
(“Services”), including, but not limited to, literary
works (such as fictions, short stories, essays, etc.), comics,
animations, and other types of media. The literary works, functions
and other services provided through the Platform and where the context
permits, applications, and software downloaded from the Platform
collectively constitute the “Services”;
WHEREAS
by clicking “i accept,” or by downloading, installing, or otherwise
accessing or using the services or any content provided through the
platform, you acknowledge that you have read, understood, and agree to
be bound by the following terms and conditions and other related terms
and conditions, including the privacy policy (together, the
“Terms”);
WHEREAS User Content includes
messages, photos, video, images, folders, data, text, feedback,
suggestions and comments regarding the Services, other types of works
and what you have created and made on the Platform (collectively
“User Content”);
YOU ACKNOWLEDGE THAT YOU ARE
NOT CONSIDERED, AND SHALL NOT PRESENT YOURSELF AS, AN AGENT, EMPLOYEE,
JOINT VENTURER, INDEPENDENT CONTRACTORS OR PARTNER OF ZONGHENG (OR ANY
OF ITS RESPECTIVE AFFILIATES, PUBLISHING PARTNERS, LICENSORS OR
LICENSEES). NOTHING IN THIS AGREEMENT WILL BE DEEMED TO PLACE THE
PARTIES IN THE RELATIONSHIP OF EMPLOYER-EMPLOYEE, INDEPENDENT
CONTRACTORS, PRINCIPAL-AGENT, PARTNERS OR JOINT VENTURERS.
YOU
MAY NOT ASSIGN OR TRANSFER THE TERMS, OR YOUR RIGHTS OR OBLIGATIONS
UNDER THE TERMS, IN WHOLE OR IN PART, BY OPERATION OF LAW OR
OTHERWISE, WITHOUT OUR PRIOR WRITTEN CONSENT. WE MAY ASSIGN OUR RIGHTS
OR OBLIGATIONS UNDER THE TERMS AT ANY TIME WITHOUT NOTICE OR
CONSENT.
THE FAILURE TO REQUIRE PERFORMANCE OF ANY PROVISION WILL
NOT AFFECT OUR RIGHT TO REQUIRE PERFORMANCE AT ANY OTHER TIME AFTER
THAT, NOR WILL A WAIVER BY US OF ANY BREACH OR DEFAULT OF THE TERMS,
OR ANY PROVISION OF THE TERMS, BE A WAIVER OF ANY SUBSEQUENT BREACH OR
DEFAULT OR A WAIVER OF THE PROVISION ITSELF.
USE OF SECTION
HEADERS IN THE TERMS IS FOR CONVENIENCE ONLY AND WILL NOT HAVE ANY
IMPACT ON THE INTERPRETATION OF ANY PROVISION.
IF ANY PART OF THE
TERMS IS HELD TO BE INVALID OR UNENFORCEABLE, THE UNENFORCEABLE PART
WILL BE GIVEN EFFECT TO THE GREATEST EXTENT POSSIBLE, AND THE
REMAINING PARTS WILL REMAIN IN FULL FORCE AND EFFECT.
ZONGHENG
MAY AMEND OR MODIFY THE TERMS AT ANY TIME IN OUR SOLE DISCRETION.
AMENDMENTS AND/OR MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY AFTER
PUBLISHING THEM ON THE WEBSITE OR OTHERWISE PROVIDING YOU A COPY
THEREOF, AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC
NOTICE OF SUCH AMENDMENTS OR MODIFICATIONS. WE WILL INDICATE AT THE
TOP OF THIS AGREEMENT THE DATE IT WAS LAST UPDATED. YOU AGREE TO, AND
ARE RESPONSIBLE FOR, CHECKING THE TERMS PERIODICALLY, AS THEY MAY BE
AMENDED OR MODIFIED FROM TIME TO TIME. BY CONTINUING TO USE OUR
SERVICES, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF ANY REVISED OR UPDATED
TERMS. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING
OUR SERVICE(S).
1.Platform and Services
The Platform and the Services are the valuable property of Zongheng
and its licensors and are protected by copyright and other
intellectual property laws and treaties. We and our licensors own all
rights, titles, and interest in and to the Platform and Services,
including all copyright and other Intellectual Property Rights in the
Platform and Services. The Platform and any documentation on the
Platform are provided to you solely in accordance with this Agreement
and are licensed, not sold. This Agreement and the license rights
provided to you hereunder do not transfer to you any title or
ownership, interest in or to the Platform or the Service or any
Intellectual Property Rights therein.
Proprietary Rights. The Services are owned and operated by us. Unless otherwise
explicitly specified by us, all materials that are included in, or
otherwise a part of, the Services, including past, present, and future
versions, domain names, source and object code, the text, site design,
logos, graphics and icons and all registered and unregistered
intellectual property rights related to these are owned, controlled
and/or licensed by us.
Our Content is protected from unauthorized
use, copying and dissemination by copyright, trademark, patent, and
other laws, rules, regulations and treaties. Your use of the Services
does not transfer to you any ownership or other rights in the Services
or the Content. Any use of our Content not expressly authorized by
these Terms is prohibited. Any unauthorized use of the materials
appearing on the Services may violate copyright, trademark, patent,
and other applicable laws, rules, regulations, and treaties, and could
result in criminal or civil penalties.
Copyright. All texts, images, diagrams, sound, animation and video files as well
as their arrangement are subject to copyright law and all other laws
pertaining to the protection of intellectual property. The contents of
this Platform must not be copied, changed, distributed or otherwise be
made available to third parties either for trade purposes or for
distribution. Other usage on other platforms is equally
inadmissible.
You may download the contents of this Website
solely for your personal, non-commercial, private use, provided that
you regard all copyright, brand and other protective laws, especially
by not deleting the respective information or making it otherwise
inaccessible or illegible. All changes or the use of the contents of
our Website for any other purpose is a violation of our rights and is
expressly forbidden.
Trademarks.If not otherwise
indicated, all trademarks mentioned are brands protected by us. This
especially pertains to the brands. These brands are protected
nationally and internationally and must neither be reproduced nor
copied, changed or used in any other way without the express prior
permission of us.
2.License
Subject to the Terms of this Agreement and the Terms that govern your
use of the Services and your compliance with any rules of conduct, we
hereby grant you a personal, limited, non-transferable,
non-sublicensable, and non-exclusive license to use the Services
provided by Zongheng through the Platform, for your own personal,
non-commercial entertainment use. The preceding states the entirety of
your rights with respect to the Services and the Platform, and we
reserve all rights not expressly granted to you in this Agreement.
Without
limiting the forgoing, you agree you will NOT do, or authorize or
permit any third-party to do, any of the following:
Use the
Services for any illegal purpose or in violation of any local, state,
national, or international law;
Use the Services for any
commercial or business purposes or for any purpose other than your own
personal entertainment use;
Violate any right of a third-party,
including by infringing or misappropriating any third-party
Intellectual Property Right;
Include or contain any material that
is exploitive, obscene, harmful, threatening, abusive, harassing,
hateful, defamatory, sexually explicit or pornographic, violent,
inflammatory, or discriminatory based on race, sex, religion,
nationality, disability, sexual orientation, or age or other such
prohibited ground or be otherwise objectionable;
Involve
stalking, attempting to exploit any individual or harm minors in any
way by exposing them to inappropriate content or otherwise nor ask for
personal information.
-Include sending, knowingly receiving,
uploading, downloading, using, or reusing any material that does not
comply with the User Content and site content standards set out in
these Terms.Involve, provide or contribute any false, inaccurate or
misleading information;
Modify copies of any materials from this
site nor delete or alter any copyright, trademark, or other
proprietary rights notices from copies of materials. Any modification
or use of any Content any other purpose is a violation of our
copyrights and proprietary rights and is strictly prohibited.
Interfere
with security-related features of the Platform, including without
limitation: (a) disabling or circumventing features that prevent or
limit use or copying of any content; or (b) reverse engineering or
otherwise attempting to discover the source code of any portion of the
Platform or Services;
Interfere with the operation of the
Platform or any user’s enjoyment of the Services, including, without
limitation: (a) uploading or otherwise disseminating any virus,
adware, spyware, worm, or other malicious code; (b) making any
unsolicited offer or advertisement to another user of the Service; (c)
attempting to collect personal information about another user or third
party without consent; or (d) interfering with or disrupting any
network, equipment, or server connected to or used to provide the
Service, or violating any regulation, policy, or procedure of any such
network, equipment, or server;
Perform any fraudulent activity
including impersonating any person or entity, claiming a false
affiliation, accessing any other Service account without permission,
or falsifying your age or date of birth; or
Attempt to perform
any of the acts described in this section, or assist or permit any
person in engaging in any of the acts described in this section.
3. User Content
Certain features of the Services may permit you to upload new User
Content to the Platform, and to publish User Content on the
Platform.
3.1 Limited License Grant to Zongheng
By uploading or publishing Non-Author User Content onto the
Platform, you grant Zongheng a worldwide, non-exclusive, perpetual,
royalty-free, fully-paid right and license (with the right to
sublicense) to host, store, transfer, display, perform, reproduce,
transmit, broadcast, modify for the purpose of formatting for display,
and distribute your User Content, in whole or in part, in any media
formats, and through any media channels now known or hereafter
developed.
You hereby further agree to assign to Zongheng all
right, title, and interest in and to any and all User Content, , and
do hereby assign to Zongheng all rights, improvement, materials, and
information on the results of tests and evaluations of the Platform or
Services regarding the performance, features, and functionality of the
Platform or Services and any and all inventions regarding an
improvement of, or other change or addition to, the Platform or
Service formulated or produced, in whole or in part, as a result of
your User Content or what you have created or made, and all
Intellectual Property Rights embodied therein, or resulting from, such
User Content. and you hereby agree to cooperate with Zongheng in
connection with the protection thereof and shall execute such
documents (such as further deeds of transfer and assignment), if any,
as required by Zongheng to perfect its rights hereunder.
You
agree that all User Content may be used by Zongheng to improve or
enhance the Platform and Services and, accordingly, to the extent the
foregoing assignments do not transfer any ownership, interest in or to
the User Content and the results thereof to Zongheng, you hereby grant
to Zongheng an exclusive, perpetual, irrevocable, fully sublicensable,
transferable, royalty free, worldwide right, and license to copy,
reproduce, modify, create derivative works of, publicly perform,
publicly display, distribute, market, offer for sale, sell, have sold,
import, have imported, make, have made, use, have used, and
commercially exploit the User Content and all of the information and
contents of any and all such User Content without restriction.
3.2 Limited License Grant to Other Users
By uploading or sharing User Content with other users of the
Services, you grant those users a non-exclusive license to access and
use such User Content, as permitted by these Terms and the
functionality of the Service.
Representations and Warranties
You are solely responsible for any User Content that you upload
or publish onto the Platform, and you are responsible for the
consequences of posting or publishing such User Content. By posting or
publishing User Content, you represent and warrant that:
You are
the creator or owner of the User Content, or have the necessary
licenses, rights, consents, and permissions to authorize Zongheng and
users of the Service to use and distribute your User Content as
necessary to exercise the licenses granted by you in this section, in
the manner contemplated by Zongheng, the Service, and these Terms;
and
Your User Content, and the use of your User Content as
contemplated by these Terms, does not and will not: (i) infringe,
violate, or misappropriate any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or
proprietary right; (ii) slander, defame, libel, or invade the right of
privacy, publicity or other property rights of any other person; or
(iii) cause Zongheng to violate any law or regulation.
4.Accounts and Registration
To access the Services, you must register for an account through the
Platform. By agreeing to these Terms, you represent and warrant to us
that: (a) you are at least thirteen (13) years of age; (b) you have
not previously been suspended or removed from the Services; and (c)
your registration and your use of the Services is in compliance with
all applicable laws and regulations. If you are under 18, you should
have first obtained your parent’s or guardian’s permission before the
registration of an account on the Platform.
If you are using the
Services on behalf of an entity, organization, or company, you
represent and warrant that you have the authority to bind that
organization to these Terms and you agree to be bound by these Terms
on behalf of that organization.When you register for an account, you
may be required to provide us with your personal information , such as
your email address or other contact information. You agree that the
information you provide to us is accurate and that you will keep it
accurate and up-to-date at all times. When you register, you will be
asked to set up a password for your account. You are solely
responsible for maintaining the confidentiality of your account and
password, and you accept responsibility for all activities that occur
under your account.
You may register for and login to Platform
using login functionalities provided by third-party platforms, such as
Google,Facebook,Apple. In addition to the Terms, you agree to comply
with the relevant third-party platform’s terms of service applicable
to your use of such functionalities.You agree not to use the account,
username, or password of another user at any time, nor to knowingly or
recklessly disclose the password of the third-party login
functionality you use to any third-party. You may delete your account
at any time.If you have reason to believe that your account is no
longer secure, may also request us to terminate your account at any
time by email at support@novelspark.net
5.Purchase and Payment
5.1 Zongheng may charge for certain Services under certain rates
displayed on the Platform. Before you pay any fees, you must review
the fee policy and method on the Platform, then accept the fees that
you will be charged. All fees are in U.S. dollars and are
non-refundable.
5.2 Zongheng will charge the payment method you
specify at the time of purchase. You authorize novelspark to charge to
that payment method all sums for orders that you make and any level of
Service you select as described in these Terms or published by the
Company. If your payment is not successfully made, due to reasons such
as invalid payment details, insufficient funds, or otherwise, we may
suspend your access to the Services until we receive your payment of
the relevant Subscription Fees. You agree that you will be responsible
for any outstanding amounts that remain unpaid. The service provider
of the payment method you select (such as Apple, Google ,collectively,
“Payment Service Providers”) may charge you certain fees, such as
foreign transaction fees or other fees relating to the processing of
your payment. Please contact the relevant Payment Service Provider(s)
for details. The Payment Service Provider(s), rather than us, provide
the relevant payment services to you in connection with your payment
of the Subscription Fees. You may be subject to additional terms and
conditions of the relevant Payment Service Provider for the payment
services.
5.3 Zongheng reserves the right to determine pricing
for the Service. Zongheng will make reasonable efforts to keep pricing
information published on the website up to date. We encourage you to
check our website periodically for current pricing information. We may
change the price of Subscription Fees including by adding additional
fees or charge from time to time. We will notify any such changes to
you in advance (e.g., by way of pop-up, push notification or in-App
message). Unless otherwise stated in the price change notification,
the modified price will take effect on and from the subscription term
following your then current subscription term during which the price
change is notified. If you do not accept the changes, Zongheng may
discontinue the Service to you. Zongheng will charge the payment at
the rate in effect at the time of purchase. You authorize Zongheng to
charge all sums as described in these Terms, for the Service you
select.
5.4 In addition to these Terms, a Promotion made
available by Zongheng through the Platform, or otherwise may have
specific rules that are different from these Terms. By participating
in a Promotion, you agree to and will become subject to those
additional terms and conditions, which will be provided to you when a
Promotion is offered. Zongheng urges you to review all rules before
you participate in any Promotion. The rules of a specific Promotion
will take priority over these Terms in the event of any conflict of
the language with a given Promotion. , at its sole discretion, may
make promotional offers with different features and different pricing
to any of customers. These promotional offers, unless made to you,
will not apply to your offer or these Terms.
5.5 Unless otherwise
required by applicable law or the refund policy of Apple or Google (as
applicable), your payment of Subscription Fees for the Services is
non-refundable.If you have any questions concerning the Services or
these Terms, please contact us via email: support@novelspark.net
6. Infringement Notification
If you have an intellectual property rights-related complaint about
any documentation uploaded and published on the Platform, you may
contact us at the following email address: Email:
support@novelspark.net Subject: ATTN: Legal Department (Copyright
Notification)
Any notice alleging that documentation hosted by,
or distributed through, the Platform infringe
Intellectual
Property Rights must include the following information:
A
description of the copyright-protected work or other Intellectual
Property RightS that you claim has been infringed;
A description
of the documentation that you claim is infringing and where it is
located on the Platform;
A statement by you that you have a good
faith belief that the use of said documentation on the Platform is not
authorized by the copyright owner, its agent, or the law;
A
statement by you that the above information in your notice is accurate
and that, under penalty of perjury, you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf;
Materials or documents that
can prove you are the copyright or intellectual property owner of the
relevant documentation , or are authorized to act on behalf of the
copyright or intellectual property owner.;
An electronic or
physical signature of the owner of the copyright or other right being
infringed, if you are authorized to act on behalf of the owner; and
Your
address, telephone number, and email address.
7. Third-Party Services and Linked Websites
Zongheng may provide tools through the Platform that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Zongheng with an account on any third-party service, such as Facebook, or through our of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
8.Termination
This Agreement begins on the day you agree to these terms and
conditions and continues in effect up until it is terminated by you or
Zongheng.
You may terminate your account at any time by
contacting customer service at [support@novelspark.net]. If you
terminate your account, you remain obligated to pay all outstanding
fees, if any, incurred prior to termination relating to your use of
the Services. If you violate any provision of these Terms, your
permission from us to use the Service will terminate automatically.
Notwithstanding
anything to the contrary in this Agreement, Zongheng may: (i)
terminate this Agreement at any time, solely within its discretion,
(ii) discontinue or terminate your user account on the Service(s) or
suspend or deny your access to the Service(s) at any time for any
reason or no reason, with or without notice to you, (iii)Remove or
refuse to post any User Content for any or no reason in our sole
discretion, (iiii) within its sole discretion, immediately terminate
this Agreement and deny you access to the Platform or Services, and/or
your account(s) at any time without notice if: (a) you breach any
provision of this Agreement; (b) you infringe any third party
Intellectual Property Rights; (c) Zongheng is unable to verify or
authenticate any information you provide to Zongheng; (d) you fail to
promptly pay amounts due Zongheng from you; or (f) you violate the
Privacy Policy, or any rules or codes of conduct set forth on the
Platform. (g)in response to valid requests by law enforcement or other
government agencies.We will have no liability whatsoever on account of
any change to the Services or any suspension or termination of your
access to or use of the Services.
9.Disclaimers and Consents
THE SERVICE(S) AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM ARE
PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR
CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZONGHENG
ENTITIESDISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, RELATING TO THE SERVICES AND ALL CONTENT AVAILABLE THROUGH
THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF
DEALING, USAGE, OR TRADE. THE ZONGHENG ENTITIES DO NOT WARRANT THAT
THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY CONTENT PROVIDED
THROUGH THE PLATFORM, WILL BE PUNCTUAL, UNINTERRUPTED, SECURE, OR FREE
OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT
THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SERVICES OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY
WARRANTY REGARDING ANY OF THE ZONGHENG ENTITIES OR THE SERVICES THAT
IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY
DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES,
YOUR INTERACTION WITH ANY OTHER SERVICE USER, AND ANY CONTENT
AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE
THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT
THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN
DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER OR MOBILE DEVICE USED
IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM
THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THAT MATERIAL OR
CONTENT.
THE PLATFORM MAY CONTAIN LINKS OR EMBEDDED MATERIAL TO
THIRD PARTY CONTENT, WHICH NOVELSPARK HAS NOT REVIEWED, INCLUDING,
WITHOUT LIMITATION, OTHER WEBSITES AND THIRD PARTY SERVICES, FOR THE
CONVENIENCE OF VISITORS, ADVERTISING PURPOSES, OR FOR OTHER SIMILAR
FUNCTIONS RELATED TO NOVELSPARK’S BUSINESS. NOVELSPARK LINKING OR
EMBEDDING TO THIRD PARTY CONTENT DOES NOT IMPLY AN ADVERTISEMENT OR
ENDORSEMENT OF ANY GOOD, SERVICE, PRODUCT, OR OTHERWISE, PROVIDED BY
SUCH THIRD PARTY. NOVELSPARK IS NOT RESPONSIBLE FOR ANY THIRD PARTY
CONTENT LINKED OR EMBEDDED TO OR FROM THE PLATFORM AND EXPRESSLY
DISCLAIMS, WITHOUT LIMITATION, ANY RESPONSIBILITY FOR ANY THIRD PARTY
CONTENT, THE ACCURACY OF ANY INFORMATION FOUND ON ANY THIRD PARTY
WEBSITE, OR THE QUALITY OF PRODUCTS OF SERVICES PROVIDED BY OR
ADVERTISED ON SUCH THIRD PARTY WEBSITE.
SOME JURISDICTIONS MAY
PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION.
10.INDEMNITY
You agree to indemnify, defend and hold Zongheng, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors (each an "Indemnified Party") harmless from and against any and all direct and indirect losses, claims, liabilities, expenses and costs, including, but not limited to, attorneys' fees and expenses, which may be sufferent or incurred by an Indemnified Party or asserted against an Indemnified Party, arising out or connected with your breach of these Term or any user of your accounts. You will assist and co-operate as fully as reasonably required by an Indemnified Party in the defence of any such claim or demands. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in these Terms survive indefinitely after the termination of these Terms.
11.Limitation of Liability
IN NO EVENT WILL THE ZONGHENG ENTITIES BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR ANY OTHER
INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE
OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT ON
THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
ANY ZONGHENG ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
IN
NO EVENT SHALL ZONGHENG’S AGGREGATE LIABILITY TO YOU UNDER THIS
AGREEMENT EXCEED FIFTY US DOLLARS ($50.00 USD).
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS SECTION
THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES,
OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS
BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES HERETO. EACH
OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY
EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12.Compliance with Law
You shall comply with all applicable laws regarding your use of the Services. Without limiting the foregoing, you may not download, use, or otherwise export or re-export the Services or any content on the Platform except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States.
13.Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
14.Governing Law and Jurisdiction
This Agreement is governed by the laws of the HongKong, CHINA, without
regard to any conflict of law principles to the contrary. You hereby
irrevocably consent to jurisdiction of the state and federal courts
located in HongKong , CHINA with respect to any proceeding regarding
this Agreement.
You will not prosecute any action, suit,
proceeding, or claim arising under or by reason of this Agreement
except in such courts. The U.N. Convention on Contracts for the
International Sale of Goods or any successor thereto is expressly
disclaimed and does not apply to this Agreement.
15.Remedies
You agree that your obligations and representations, and the license limitations, stated herein, are necessary and reasonable in order to protect Zongheng, its business, and its licensors, and you expressly agree that monetary damages would be inadequate to compensate Zongheng fully for any breach of this Agreement, or for any misrepresentation made by you above. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to Zongheng and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Zongheng shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, or the continuation of any such breach by you, or to remedy any misrepresentation made by you, without the necessity of proving the inadequacy of any legal remedy or monetary damages, and without the need to post any bond.
16. Changes and Modification
We may modify the Terms from time to time ("Updated Terms"), We may
amend these Terms from time to time, to reflect changes to applicable
laws, regulations, standards, industry codes or other instruments of a
similar nature, or to reflect changes, updates or new features to the
Platform and/or Services.
We will use commercially reasonable
efforts to notify you of any material changes to these Terms, such as
through a notice on our Platform or a push notification.As you are not
allowed to use the Services if you do not agree to follow these Terms,
if you continue to access or use the Services after we have posted the
Updated Terms, we will consider that you accept and agree to be bound
by the Updated Terms. If you do not agree to the Updated Terms, you
must stop accessing or using the Services and close your account (if
applicable).
17. Contact us
If you have any questions concerning the Services or these Terms,
please contact us via email: support@novelspark.net