Privacy Policy
Welcome, and thank you for your interest in Cloudary Holdings Limited, operating the iNovel service (“iNovel,” “we,” or “us”) and our websites at www.iNovel.com, along with other related websites, networks, applications, and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and iNovel regarding your use of the Service.PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE iNovel PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.These Terms provide that all disputes between you and iNovel will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 20 (Dispute Resolution and Arbitration) for the details regarding your agreement to arbitrate any disputes with iNovel.\n1.iNovel Service Overview. iNovel operates and maintains an online literature platform which provides online reading services, literature content generation services, and comics content distribution services.\n2.Eligibility. You must be at least 13 years of age to use the Service. 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 Service 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.\n3.Accounts and Registration.  To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, 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 provide a password. 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. If you have reason to believe that your account is no longer secure, then you must immediately notify us at service@iNovel.com.\n4.Payment Terms. Access to the Service, 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 in U.S. dollars and are non-refundable.\n4.1Price. iNovel reserves the right to determine pricing for the Service. iNovel 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. iNovel may change the fees for any feature of the Service, including additional fees or charges, if iNovel gives you advance notice of changes before they apply. iNovel, at its sole discretion, may make promotional offers with different features and different pricing to any of iNovel’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.4.2Authorization. iNovel will charge the payment method you specify at the time of purchase. You authorize iNovel 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, iNovel 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, PayPay).\n4.3Subscriptions.a.Subscription and Auto-Renewals.The Service may allow you to subscribe to a plan (“Subscription Plan”) for which you will be periodically billed the amounts indicated to you at the time of your subscription, as may be updated from time to time by iNovel, on a forward-going basis, upon notice to you (the “Subscription Fee”). When you subscribe to a Subscription Plan, the Subscription Plan will be billed on a periodic basis. You hereby authorize iNovel to charge you on a going-forward basis and until cancellation of either the Subscription Plan or your account. The “Subscription Billing Date” is the day of the month when you sign up to your Subscription Plan. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period.BY PURCHASING A SUBSCRIPTION, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS UNLESS YOU CANCEL YOUR SUBSCRIPTION OR ACCOUNT AS FURTHER DESCRIBED BELOW.b.Refunds; Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION PLAN AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL EXPIRE AT THE END OF THAT SUBSCRIPTION PERIOD (AND UPON WHICH EXPIRATION YOUR SUBCRIPTION WILL NO LONGER BE RENEWED OR CHARGED). You must cancel your Subscription Plan before it renews in order to avoid billing of the next periodic Subscription Fee to your account. If you cancel your Subscription Plan within the first three (3) days after you initially sign up for your Subscription Plan, then we will provide you with a full refund of the Subscription Fee, but your subscription will expire immediately after that 3-day period ends. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel your Subscription Plan [(i)For Apple phones, users can go to Settings>Itunes & App Store. Click Apple ID and choose Apple ID. They can enter their User Settings page to click, Subscription. Choose iNovel to cancel the subscription. (ii)For Android Phones, users can go to the corresponding Google Play store choice to cancel the subscription.]\n4.4Delinquent Accounts. iNovel may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.\n5.Licenses\n5.1Limited License. Subject to your complete and ongoing compliance with these Terms, iNovel grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.\n5.2License Restrictions. 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.\n6.User Content\n6.1User Content Generally. Certain features of the Service may permit users to upload following User Content to the Service, including suggestions, comments or reviews and publish them on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.Users are prohibited from using the User Content Service by uploading and publishing content including but not limited to:\n• Spreading rumors, disturbing the social order and destabilizing the society.\n• Disseminating obscenity, pornography, gambling, violence, murder, terror, or abetting a crime. Insulting or defaming others and infringing on their legitimate rights and interests.\n• Information that contains content prohibited by laws and administrative regulations.\n7.Digital Millennium Copyright Act\n7.1DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:Cloudary Holdings Limited ATTN: Legal Department (Copyright Notification) 5301, 53/F., The Center, 99 Queen's Road Central, Hong Kong.Email: dmca@iNovel.comAny notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:\na.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;\nb.a description of the copyright-protected work or other intellectual property right that you claim has been infringed;\nc.a description of the material that you claim is infringing and where it is located on the Service;\nd.your address, telephone number, and email address;\ne.a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law;\nf.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.\n7.2Repeat Infringers. iNovel will promptly terminate without notice the accounts of users that are determined by iNovel to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.\n8.Prohibited Conduct. By using the service you agree NOT to:\na.use the Service for any illegal purpose or in violation of any local, state, national, or international law;\nb.violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;\nc.post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;\nd.interfere with security-related features of the Service, including by: (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 Service except to the extent that the activity is expressly permitted by applicable law;\ne.interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (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;\nf.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;\ng.sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 13) or any right or ability to view, access, or use any Material;\nh.solicit, for commercial purposes, any users of the Service with respect to their User Content;\ni.attempt to do any of the acts described in this Section 8, or assist or permit any person in engaging in any of the acts described in this Section 8.\n9.Third-Party Services and Linked Websites. iNovel may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on iNovel with an account on the third party service, such as Twitter or Facebook, or through our implementation 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.\n10.Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting customer service at service@iNovel.com. 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 Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, iNovel may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.\n11.Privacy Policy; Additional Terms\n11.1.Privacy Policy. Please read the iNovel Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The iNovel Privacy Policy is incorporated by this reference into, and made a part of, these Terms.\n11.2.Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 12. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.\n12.Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.\n13.Ownership; Proprietary Rights. The Service is owned and operated by iNovel. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by iNovel are protected by intellectual property and other laws. All Materials included in the Service are the property of iNovel or our third-party licensors. Except as expressly authorized by iNovel, you may not make use of the Materials. iNovel reserves all rights to the Materials not granted expressly in these Terms.\n14.Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant iNovel an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid