Terms and Conditions
Published on December 15th, 2022
Welcome to Allnovel. Crater Pte. Ltd. and/or its affiliates (collectively, "Crater", "we", "us", or "our") provide various literary, audio, and other content and works to you when you use our products or services, use our applications for mobile, or use software provided by us in connection with any of the foregoing (collectively, "Services").
User may not access the Service if user is under 13. By agreeing to this Agreement, user is representing to us that user is over 13. Any access to or use of the Services by anyone under 13 is expressly prohibited and we will terminate your account. If you are between the ages of 13 and the age of majority where you reside (each a “Teen”), you must review the Terms with your parent or legal guardian to confirm that you and your parent or legal guardian understand and agree to these Terms. If you or any parent or legal guardian permit a Teen to use the Services, you hereby agree to these Terms on behalf of both yourself and the Teen.
By accessing or using our Services, you affirm that you are either (1) more than the age of majority where you reside, or (2) a Teen and either (a) an emancipated minor, or (b) possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
If you use our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserves the right to refuse Service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Subject to your compliance with these Terms, and your payment of any applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers.
This license does not include any resale or commercial use of our Services; any collection and use of any content listings, descriptions, or prices; any derivative use of this Services or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without express written consent.
Links to any other third party’s website or application within our website or application without the express written permission of us are strictly prohibited. To request permission to link to the any other third party’s website or application, please contact firstname.lastname@example.org. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of us and/or our Services so long as the link does not portray us, or our Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any our logo or other proprietary graphic or trademark as part of the link without express written permission.
You may use the Services only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms.
From time to time, certain Services will be subject to payment. You agree to comply with all such terms in relation to your payments to us for such Services, including but not limited to the Google Play and Apple App Store payments terms of service. All such payments from you are subject to the terms and conditions of the relevant payment service (whether that payment service provider is a third-party or us), in addition to any other relevant terms of this Agreement. You agree to comply with that relevant third party's terms and conditions in relation to the payment processing service when your payment are processed via a third party service. We bear no responsibility for any transactions processed by, or any payments made to, a third party, whether or not in connection with the relevant Services. 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), and you are solely responsible for all fees and taxes associated with any Services.
If such products or services are subject to automatic, recurring or subscription-based charges, then you agree that (subject to applicable laws and regulations):
(1) such purchases or payments are generally made by you on an advance basis;
(2) you authorize us to:
(a) save your chosen payment method's information (e.g. credit card information) on our systems; and
(b) bill your chosen payment method for the relevant time-periods as chosen by or notified to you.
(3) if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason:
(a) we may not provide you with, or suspend our provision of, the relevant Services until payment is properly processed; and
(b) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and
(4) we will provide you with further instructions within Wehear regarding how you may update or cancel the relevant payment method.
SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US IN THESE TERMS OR FOR A PARTICULAR ITEM OR SERVICES, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR SERVICE (WHETHER USED OR UNUSED).
You acknowledge that subject to the policy of Apple App Store and Google Play, we reserve the right, to change our Terms, in whole or in part, or adjust pricing and availability for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We do not provide price protection or refunds in the event of a price adjustment or promotional offering, whether permanent or temporary.
If you believe that we have charged you in error, and subject to applicable laws and regulations, you must contact us within 30 days of the date of the relevant charge; and no refunds will be given for any erroneous charges after such 30 days period.
THIRD-PARTY SERVICES; ADVERTISEMENT
Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services, and its products. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Your understand and acknowledge that we don’t own or have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
•access or use the Services if you are not fully able and legally competent to agree to these Terms;
•make authorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
•distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
•market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
•use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
•interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
•incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
•use automated scripts to collect information from or otherwise interact with the Services;
•impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
•intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
•use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Services;
•use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
•use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
•any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
•material that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or our users to any harm or liability of any type.
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Content Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Content Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information (“Content”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You agree that you are solely responsible for the Content sent or transmitted by you or displayed or uploaded by you in using the Services and for compliance with all laws pertaining to the Content.
If you do post Content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms, Content Guideline and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.
You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services. You agree that you must evaluate, and bear all risks associated with, the use of any content available in connection with the Services. Under no circumstances will us be liable in any way for any Content made available via the Services, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of such Content. You may report Content that you believe violates these Terms, Content Guideline or other inappropriate user behavior to our attention by making use of any report or similar functionality available in our Services or by contacting us through email@example.com.
All content included in or made available through any our Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Our Content”) is the property of us or its content suppliers and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The compilation of all content included in or made available through any our Services is the exclusive property of us and protected by applicable laws.
Your use of the Services does not transfer to you any ownership or other rights in the Services or the Our Content. Any use of Our Content not expressly authorized by these Terms is prohibited. Any unauthorized use of Our Content 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.
INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property rights of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, you may notify us by email at: firstname.lastname@example.org with "Notice of Intellectual Property Infringement" in the subject line, which contains:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
(2) Identification of the copyright claimed to have been infringed;
(3) Identification of the material that is claimed to be infringing, and where it is located in the App or Service, as applicable;
(4) Information reasonably sufficient to permit us to contact you;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
(6) A statement that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
Your Notification of Intellectual Property Infringement may be shared by us with the user alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure.
DISCLAIMER OF LIABILITY AND WARRANTIES AND LIMITATION OF LIABILITY
While Crater does its best to ensure the optimal performance of the Services, you agree that you use the Services and rely on material contained in this Services at your own risk.
THE SERVICES, AND ALL MATERIALS IN THIS SERVICES, ARE PROVIDED 'AS IS' AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THIS MEANS, WITHOUT LIMITATION, THAT CRATER DOES NOT WARRANT THAT THE SERVICES IS FIT FOR ANY PARTICULAR PURPOSE; THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN THE SERVICES WILL BE UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS OR THAT THE SERVICES IS ACCURATE, ERROR FREE OR RELIABLE.
YOU ACKNOWLEDGE THAT CRATER, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, IS NOT LIABLE FOR ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR FOR THE THEFT, DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK.
YOU ACKNOWLEDGE THAT CRATER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR MATERIAL FOUND IN CONNECTION WITH THE SERVICES, INCLUDING SUCH CONDUCT OR MATERIAL TRANSMITTED BY ANY MEANS BY ANY OTHER PERSON.
YOU ACKNOWLEDGE THAT SERVICES IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM YOUR USE OR FROM YOUR INABILITY TO USE THE SERVICES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, OUR LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (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) USD100 (I.E. ONE HUNDRED US DOLLARS). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CRATER, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (EACH AN "INDEMNIFIED PARTY"), FROM AND AGAINST ALL THE LIABILITIES, CLAIMS, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) ARISING OUT OF YOUR USE OF THE SERVICES, YOUR BREACH OR ALLEGED BREACH OF THE TERMS OR YOUR BREACH OR ALLEGED BREACH OF THE COPYRIGHT, TRADEMARK, PROPRIETARY OR OTHER RIGHTS OF THIRD PARTIES.
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.
The Terms is governed by, and construed in accordance with, the laws of Singapore without giving effect to any principles of conflicts of law. You agree that any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC in force when the Notice of Arbitration is submitted, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore, and the language of the arbitration shall be English. The arbitration award shall be final and binding upon both Parties.
Availability And Termination Of Our Services
Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. Although we hope you remain an Allnovel user, you can terminate your relationship with Allnovel anytime for any reason by deleting your account. For instructions on how to do so, please visit the our Private Policy.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time.
Changes. We reserve the right to modify or amend the Terms without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes. Notwithstanding the foregoing, we will provide you notice of material amendments to our Terms either by notifying you on the website, app or by sending you an email. Your continued use of our Services confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms and do not wish to be subject to the revised Terms of Service, as amended, you must close your account and stop using our Services.
Assignment. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. We hope you will continue using our Services, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified of the assignment.
Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
Waiver. The failure, refusal or delay by us either to insist upon the strict performance of any term of the Terms or to exercise or enforce any right, power or privilege under the Terms in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of such term, right, power or privilege, nor deemed as a custom or practice contrary to such term, right, power or privilege.
Notice. Our communications related to the Services will be sent electronically. We will communicate with you by email or sending inbox messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Contact. If you have any questions about, or if you wish to send us any notices in relation to, these Terms, you may email us at the following email addresses: email@example.com, or sent to the address: 6 Battery Road, #42-00, Singapore (049909).
Language. This Terms of Service may be prepared in multiple languages. In the event of any inconsistency or different interpretation among any language version, the English language shall always prevail. All other language versions shall be deemed to be automatically amended to conform with and to make the relevant text consistent with the English text.