Hinovel (“we” or “our”) provides a Platform (as defined below) for writers and publishers to distribute and monetize various literary works (a “Work” or “Works”). These TERMS OF SERVICE, together with all documents referred to herein and all other operating rules, policies and procedures that Hinovel may publish from time to time, govern Hinovel’s relationship with users (“users”, “you”) of the Hinovel platform located at the website www.hinovel.com, including all sub-domains and associated websites (collectively, the “Website”), the Hinovel mobile application(s), including iPhone and Android mobile applications (“Apps”), any and all other platforms on which content is accessed, published, or distributed, and all associated services, features, or content made available through any of the foregoing (“Services”) (together, the “Platform”). The Terms constitute a legally binding agreement between Hinovel and you.
By accessing or using the Platform, you confirm that you unconditionally accept these Terms and that you agree to fully comply with them. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.
The Platform may contain links or embedded material to third party content, which Hinovel 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 Hinovel’s business. Hinovel 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. Hinovel 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.
Hinovel may add to, change, or remove any part of this TERMS OF SERVICE at any time, without notice. Any changes to this TERMS OF SERVICE or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Hinovel may add, change, discontinue, remove, or suspend any other Content posted on this Site, including Works described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
You must be at least 13 years of age to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Platform is in compliance with all applicable laws and regulations. If you are using the Service 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.
2.1 Subject to your full compliance with the Terms and to the extent we are lawfully able to grant such rights, Hinovel grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely for the purposes of accessing Works, using the Platform, and for other purposes expressly stated herein.
2.2 For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner.
3.1 To use certain features of the Platform, you are required to register for a Hinovel account (an “Account”). You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.
3.2 Your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account.
3.3 You have the ability to delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.
3.4 We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.
Regarding content provided by Hinovel or published by our contracted writers on the Service, Hinovel implements our content policy (“Content Policy”) that in accordance with the relevant laws and regulations, and policies and requirements provided by distribution platforms’ operators.
5.1 Hinovel welcomes your creation and interaction on the Platform. Certain features of the Service may permit users to upload content to the Service, including but not limited to original literary works (such as fictions, short stories, etc.), suggestions, messages, comments, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to post or publish User Content on the Service. You shall have fully understood and agree to this section prior to uploading, posting or publishing any User Content to the Service.
5.2 For the avoidance of doubt, all rights not expressly granted to Hinovel herein shall be reserved to you and Hinovel is not claiming any ownership in and to User Content that you uploaded.
5.3 There are limited rights of User Content granted / licensed to Hinovel. By uploading, posting and publishing User Content, you grant Hinovel a worldwide and non-exclusive right and license (with the right to sublicense to Hinovel affiliates solely in connection with their provision of the Services) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify (which is made solely for the purpose of formatting for display), and distribute your User Content, in whole or in part, in any media formats only through our Services. Hinovel is licensed to use the User Content for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever. If you wish to keep a User Content private or proprietary, please do not transmit any User Content to Hinovel or share any User Content with others.
5.4 There are limited rights of User Content granted / licensed to other users. By uploading, posting and publishing User Content and / or sharing User Content with other users of the Service, you grant other users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
5.5 There are following Representations and Warranties of User Content. You shall take sole responsibilities for any User Content that you upload, post or publish on the Service, and you are responsible for the consequences of uploading, posting or publishing such User Content. By uploading, posting or publishing User Content, you affirm, represent, and warrant that:
(a) You are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Hinovel 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 Hinovel, the Service, and these Terms;
(b) Your User Content, in whole or part, does not involve or embody: (i) lobbyists, political action committees, political campaigns; (ii) sexually explicit description, cover and graphic, etc. (including any pornography); (iii) hate speech (e.g. discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age); (iv) infringement of legitimate rights and interests of minors; (ⅴ) offensive content (e.g. reviews that harass, bully or attack others, potentially slanderous or libelous content, etc.); (ⅵ) advertisement; (ⅶ) content that infringes, violates, or misappropriates any third-party right, including but not limited to any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and (ⅷ) content that violates any applicable federal, state, or local law, regulation, statute, code or any applicable content guidelines for any distribution platform.
(c) The use of your User Content as contemplated by these Terms, shall 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) any other Hinovel policies or guidelines to which your User Content is subject; (iv) cause Hinovel to violate any law or regulation.
5.6 You are aware that the uploaded, posted and published User Content is automatically stored and present in our Service. Unless otherwise provided by law, Hinovel is under no obligation to monitor, filter, edit or control User Content that you or other users upload, post or publish, and will not be in any way responsible or liable for User Content. Hinovel may, however, at any time and without prior notice, screen, remove, delete, take down, edit, or block any User Content that in our sole determination violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. Hinovel does not endorse any User Content or any opinion, recommendation, or advice expressed in any User Content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Hinovel with respect to User Content. We expressly disclaim any and all liability in connection with User Content.
5.7 When you feel that User Content uploaded, posted or published by other users contains content prohibited in this section, or your legitimate rights and interests are violated, you may file an complaint or report against such content to Hinovel. (Regarding infringement of intellectual property rights, you may also send us a notice according to Section 12 of the Terms) If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to take measures provided in this section against the User Content, which we reserve the right to do at any time and without sending notice to the provider of the User Contend.
6.1 Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
6.2 You will not alter or modify the Platform in any way nor use other technology or means to access the Platform except for the means authorized by Hinovel, including, without limitation, using no bots, spiders, or other automated means of accessing the Platform.
7.1 Access to the Platform, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are are non-refundable.
7.2 Hinovel reserves the right to determine pricing for the Service. Hinovel 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.
7.3 Hinovel will charge the payment method you specify at the time of purchase. You authorize Hinovel 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 you pay any fees with a credit card, Hinovel may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payment processing services are provided by the third-party service through which the purchase is made (e.g., Apple In-App Purchases, Google Play Payments, PayPal Payments).
7.4 All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time or purchase.
8.1 The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.
8.2 Hinovel makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use if the Platform or the download or use of that material or content.
8.3 Hinovel does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Works or Services.
8.4 Hinovel assume no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.
8.5 You understand and agree that Hinovel is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.
9.1 Notwithstanding anything to the contrary contained herein, Hinovel shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Hinovel has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel Hinovel has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.
9.2 Notwithstanding anything to the contrary herein, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, Hinovel’s agreement liability arising out of breach of this Terms and/or your use of the Platform, will be limited to the greater of the following amounts: (a) the amount that you have paid to us for your use of the services to which the claim relates in the 6 months immediately preceding the date of the most recent claim; and (b) USD 100 (i.e. one hundred US dollars).
10.1 You are responsible for your use of the Platform, and you will defend and indemnify Hinovel and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Hinovel Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
10.2 Hinovel reserves the right to take over the exclusive defense of Claims for which Hinovel is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to Hinovel at your own expense.
In addition to these Terms, a Promotion made available by Hinovel 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. Hinovel 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.
12.1 Hinovel respects the intellectual property rights of others and desires to offer a Platform that contains no material that violates the intellectual property rights of others. If you believe in good faith that your intellectual property rights have been infringed through use on the Platform, you may notify us by email at: email@example.com with “Notice of Infringement” in the subject line, which contains:
-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest;
-A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed;
-A description specifying the location on the Platform of the material that you claim is infringing;
-Your email address and your mailing address and/or telephone number;
-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
-A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.
If you believe that a notice of intellectual property infringement has been improperly submitted against you, you may submit a “Counter-Notice of Infringement” to Hinovel, which contains:
-Your physical or electronic signature;
-Identification of the material removed or to which access has been disabled;
-A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and
-Your full name, your email address, your mailing address.
12.2 Any notice or counter-notice you submit pursuant to the foregoing must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. Notwithstanding anything to the contrary stated herein, please note that whether or not Hinovel disables access to or removes any materials pursuant to the foregoing, Hinovel may disclose your identity to any third party who has alleged a violation of intellectual property rights hereunder, or supplied us with a counter-notice, as well as disclose the contents of any notice of counter-notice. You acknowledge and agree that any disclosures by us pursuant to the foregoing shall not violate any of your rights, including, without limitation, any rights of privacy that you may have.
13.1 You consent and agree that the Terms will be exclusively governed by the laws of China applicable to contracts entered into and performed within China and notwithstanding any conflict of law principles.
13.2 You and Hinovel agree that any dispute, claim, or controversy between you and Hinovel arising in connection with or relating in any way to these Terms or to your relationship with Hinovel (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be resolved through the judgment of the Guangzhou courts in China.
All legal notices pursuant to the Terms shall be in writing and shall be given by email to Hinovel at: firstname.lastname@example.org. By using the Platform, you agree that any notice due under the Terms that Hinovel sends you electronically will satisfy any legal communication or notification. You agree to keep all of your contact information contained in your Account up to date, and we are not responsible in the event you fail to keep your Account or contact information up to date.
You may contact us by emailing us at email@example.com.