NOVEL EFFECT TERMS OF SERVICE
The Novel Effect Application (“Novel Effect,” “Application,” “We,” “Us”) is a multi-platform service that provides subscribers with access to voice-activated musical accompaniments, sound effects, and other media (collectively, the “Media”).
3. YOUR PRIVACY
4. NOVEL EFFECT COMMUNICATIONS
A. ACCOUNT RELATED COMMUNICATIONS
Your use of the Services represents to Novel Effect that you consent to receive electronic communications relating to your account. We may send emails to the address you provide when subscribing for Novel Effect Services, We may contact you via a third-party social media provider that you used to create your account, or We may communicate you directly via in-app notifications and alerts.
You agree that any notice, agreements, disclosure or other communications that Novel Effect sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing. It is your responsibility to print a paper copy or save electronically such communications.
B. MARKETING COMMUNICATIONS
5. SUBSCRIPTION AND BILLING POLICIES
A. APP SUBSCRIPTIONS; GENERALLY
Novel Effect may include a subscription-based streaming media Service. If applicable, you must subscribe to Novel Effect and provide Us with your current credit card information to enjoy the full Application Services and Media. We reserve the right to offer Guest Access, defined as LIMITED Application access for preview purposes given without subscription required. In the event that free Guest Access is available for Users, your are limited to one user free Guest Access account per person, regardless of device or downloads. Additional restrictions to Guest Access may apply, and use of a Guest Access by User indicates agreement to these restrictions as well as this Terms of Service.
B. AUTHORIZED CREDIT CARD HOLDER
By providing Novel Effect with your credit card information or to one of Our payment processors, you represent to Novel Effect that you are the authorized user of the card, PIN, key or account associated with that credit card.
C. BILLING AUTHORIZATION
By subscribing to Novel Effect, you authorize Us to charge your credit card on a monthly basis for your subscription to Our Services. You understand and agree that Novel Effect will charge and process your subscription fees using a third-party payment processor. We may also require you to provide your address or other information in order to comply with Novel Effect’s obligations under applicable tax law.
You also agree to allow Novel Effect to charge your credit card, as needed, for other charges that you may accumulate in connection with your use of Our Services.
D. BILLING CYCLES; GENERALLY
Novel Effect automatically bills your credit card each month on the day that corresponds with the start of your subscription (each such month, a “Billing Cycle”). If you subscribed to Novel Effect on a date not contained in a given month, We will bill your credit card on the last day of that month. For example, if you became an Novel Effect subscriber on January 31, We will bill your credit card on February 28.
Changing your credit card information may change the day on which you are billed. You acknowledge that the amount billed each Billing Cycle may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize Novel Effect to charge your credit card for the corresponding amounts.
E. PRICE CHANGES
We reserve the right to adjust subscription pricing in any manner and at any time as We may determine in Our sole and absolute discretion. Novel Effect will notify you of any price changes to your subscription. Any changes to Our pricing will take effect following email notice to you. Novel Effect will not be able to notify you of changes in any applicable taxes.
F. THIRD PARTY FEES
The issuer of your credit card may charge you a foreign transaction fee or other charges for subscribing to Novel Effect. It is your responsibility to check with your credit card issuer regarding these details. Further, if using third-party devices to access Novel Effect Services, you may be liable to those third-parties for subscriptions or other costs required by those devices.
G. PAYMENT INFORMATION AND BILLING
i. Editing Personal Information.
You have the ability to control and edit the billing information you provide Novel Effect through your settings or by emailing us at firstname.lastname@example.org.
ii. Current Billing Information Required
You must provide Novel Effect with your current billing information, and you are responsible for ensuring its accuracy. You are responsible for any charges associated with an expired card, insufficient funds, or additional charges that incur for any other reason.
iii. Changed Billing Information
In the event that you change card or billing information, you continue to be responsible to pay the uncollected amounts and authorize Novel Effect to continue billing your new card, as it may be updated.
H. CANCELLING YOUR SUBSCRIPTION
You have the ability to cancel your Novel Effect subscription at any time and for any reason. Cancellations are subject to our no refund policy listed below.
I. NO REFUNDS. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing cycle.
6. NOVEL EFFECT APP SERVICES
A. DEVICE LIMITS
Each Novel Effect subscription is allowed to stream Media on 3 devices simultaneously.
B. PERSONAL USE ONLY
You are only allowed to use your Novel Effect subscription, and any Media accessed through our Services, for your personal and non-commercial use. We grant you a limited, non-exclusive, non-transferable, license to access the Application Media for the term of your subscription. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
C. GEOGRAPHIC LOCATION RESTRICTIONS
Novel Effect uses your IP address to determine your geographic location. Your ability to access certain Materials may vary by location, depending on availability, applicable state or national laws, and location-specific Media.
D. SERVICE CHANGES
Novel Effect reserves the right to change or update its Services at any time and without notice to you including the availability of Media, delivery and pricing.
E. YOUR PROMISES TO NOVEL EFFECT
i. Copy Restrictions
Novel Effect respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, unless you obtain express written consent from Novel Effect, you are NOT ALLOWED to:
ii. Harmful or Illegal Use
By using the Services, you agree to respect Novel Effect and fellow subscribers. To the extent permitted by applicable law, you are NOT ALLOWED to:
The availability of Our Services and Media is subject to your geographic location, internet connection, and the devices you use to access Our Services. While Novel Effect strives to provide you with fast and reliable streaming media experience, there are some instances where your device or internet connection may cause Our Services to be slow or where your geographic location can restrict you from viewing some Media.
Novel Effect will not be responsible for issues in quality or outages. You are responsible for all Internet or mobile data access charges. Please check with your Internet and/or mobile service provider for information on possible Internet data usage charges.
A. PAYMENT TERMS
For each subscription you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product (with a monthly term, or a term of 3 months, 6 months or twelve months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Your next billing date will be displayed in your Account page for each of your active Subscriptions (“Renews on” date). We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company, including, without limitation, all Product purchased pursuant to any Updated Subscription. All payments are non-refundable (except as expressly set forth in this document). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
B. SHIPPING POLICY
Products will be shipped via USPS Media Mail within the United States (continental, Alaska, Hawaii as well as overseas military addresses including APO, DPO, etc.) and via USPS First Class Package International to Canada. Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping information on your Account. Currently, we ship to the US and Canada only, except for grandfathered customers. You are responsible for keeping your account and shipping information accurate and up-to-date and any address changes for a month’s box must be made by the 10th of the month by 11:59pm PST to be valid for that month’s box. If one of your boxes is returned to us, we will resend the first box for free as a courtesy, but any future boxes that are returned to us for an incorrect address will be invoiced to the customer for shipping (including fees due upon delivery to The Company as well as return shipping charges to The Customer.)
C. CANCELLATION POLICY
You can cancel your subscription at anytime. Cancel by 11:59 PM PST on the 15th of the month if you do not wish to receive that month’s box. To cancel, email us at email@example.com with the name and/or email address of the account. If you email to cancel between your renewal on the 15th of the month and 11:59 PM PST on that same day, you are eligible for a full refund of your renewal. If you email to cancel after 11:59 PM PST on the 15th of the month, you are ineligible for a refund for that month’s box and will receive that month’s box. Gift subscriptions (1-, 3-, 6-, 12-month terms) are not eligible for cancellation - these subscriptions will expire after the original term is complete. Multi-month subscriptions may be cancelled mid-term and will be issued a pro-rated refund for any remaining months.
D. RETURN POLICY
i. Return Policy
Subscription boxes are not eligible for return.
We do not accept any Product exchanges.
iii. Damaged Products
If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), Company will send replacement product if photo documentation is provided of the damaged product within 48 hours of the Product’s delivery (as determined by USPS tracking data) to firstname.lastname@example.org.
A. ACCOUNT SECURITY
It is your responsibility, and not Novel Effect’s, to monitor the accuracy and security of your subscriber account. Every subscriber account is protected by a username and password. Your account also grants you the ability to store payment information. You should never reveal your password or financial information to anyone. If you believe that your username or password was stolen, it is your responsibility to immediately contact Novel Effect’s help center email@example.com to change your user information.
B. CONTACTING YOU
Novel Effect will never contact you for sensitive account information outside of the Application website or mobile app. You should never open any emails or click any links that appear to be from Novel Effect regarding your account outside of the Novel Effect dashboard, no matter how legitimate these communications may look. Please access and change all information through your Novel Effect account by logging in with your username and password.
9. DISCLAIMERS, WARRANTIES AND LIMITATIONS OF LIABILITY
A. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with Our Services is to request that your user profile be deleted and to stop using the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOVEL EFFECT, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE NOVEL EFFECT SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER NOVEL EFFECT HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO NOVEL EFFECT SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO NOVEL EFFECT DURING THE PRIOR THREE MONTHS IN QUESTION.
B. INTERNET AND DATA DELAYS
THE NOVEL EFFECT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NOVEL EFFECT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.
C. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVEL EFFECT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOVEL EFFECT DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF NOVEL EFFECT SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A NOVEL EFFECT AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
D. EXCLUSIONS AND LIMITATIONS
Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
10. ARBITRATION AGREEMENT
ANY DISPUTE ARISING OUT OF THIS AGREEMENT SHALL BE RESOLVED AND DETERMINED BY ARBITRATION UNDER THE THEN-CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDINGS SHALL BE HELD IN KING COUNTY, WASHINGTON STATE. ALL QUESTIONS OF LAW SHALL BE DECIDED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT POSSIBLE, THE PARTIES SHALL UTILIZE THE SIMPLIFIED RULES OF ARBITRATION AS SET FORTH BY THE AMERICAN ARBITRATION ASSOCIATION.
YOU AND NOVEL EFFECT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Novel Effect agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
B. INTELLECTUAL PROPERTY
i. Copyright. Novel Effect, including all content provided on the Novel Effect Services, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
Novel Effect is a registered trademark of Novel Effect, Inc.
iii. Patent Pending
Novel Effect has patent applications that apply to Our Service.
iv. Claims of Copyright Infringement
If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Novel Effect service, please notify us by firstname.lastname@example.org.
C. GOVERNING LAW
This Agreement will be interpreted in accordance with the laws of the State of Washington, including all matters of construction, validity, performance, and enforcement, without giving effect to any principles of conflict of laws.
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