Terms of service
User agreement
Thank you for using our products and services (hereinafter referred to as "Services "). NovelSpa, operated under the company “Hong Kong Begin Wealth Limited, (hereinafter referred to as “NovelSpa”), has always been committed to establishing a fair, open and impartial platform. As a neutral platform service provider, NovelSpa provides services including but not limited to the website at https://www. NovelSpa.app/ and an app named NovelSpa on mobile terminals. Please read this agreement carefully. By using our services, you agree to these terms. We offer a wide range of services, so sometimes additional terms or product requirements (including age requirements) apply. Additional terms and conditions will be provided in conjunction with the relevant services and will become part of the agreement reached between us after your use of these services.
Special notes
1.1
NovelSpa operator agrees to
provide NovelSpa services to users in accordance
with the provisions of
this agreement and the operating rules issued from time to time. In order to obtain the NovelSpa service, users of the NovelSpa service (hereinafter referred to as
"users ") shall, on the basis of careful reading and independent thinking, carefully read all the
terms of this disclaimer (especially the terms in bold to remind users to pay attention to) and
minors shall be accompanied by their legal guardians. By logging in (or actually using
the NovelSpa service), the user means that the
user fully accepts this disclaimer and the guidelines for NovelSpa infringement appeal as well as the
rules and regulations published by the NovelSpa operator. If the user has any objection to
any part of this disclaimer, the login procedure (or the use of NovelSpa service) shall be
terminated.
1.2
After the user confirms and logs in
successfully, the NovelSpa operator will open the NovelSpa service for the user based on the
objective need of using the NovelSpa service and the account provided in
accordance with the registration requirements when applying for and registering the NovelSpa service. The user has the right to
use the NovelSpa service on the basis of
the NovelSpa operator's opening and agreeing to
provide the service to the user. Meanwhile, the user agrees
that:
users shall properly keep NovelSpa account number and password.
without the consent of the NovelSpa operator, users shall not buy, sell, transfer or rent any NovelSpa account or NovelSpa nickname.
in the process of using the NovelSpa service, users shall bear full responsibility for their own use of the NovelSpa service, any information released and published by users through the NovelSpa service, and any consequences arising therefrom.
1.3
In the process of using
the NovelSpa service, users shall have legal
rights and bear corresponding legal responsibilities for their own use of the NovelSpa service and any information
released or disclosed through the NovelSpa service. Meanwhile, the user agrees
that:
1.3.1 the NovelSpa operator has the right to use the NovelSpa content (NovelSpa content refers to the information published by the user on NovelSpa, such as text, picture, video, audio, etc.).
1.3.2 without the prior written permission of the NovelSpa operator, users shall not, on their own, authorize or assist any third party to illegally capture the NovelSpa content. "Illegal capture " refers to the act of obtaining the content data through programs or abnormal browsing and other technical means.
1.4
Users should strictly abide by the
Robots protocol published by the NovelSpa operator when using the NovelSpa service.
Without the prior written consent
of the NovelSpa operator, no user shall, by itself
or by any third party, access the NovelSpa platform or collect any NovelSpa content in any way that violates
the above provisions.
1.5
To the extent permitted by laws and
regulations, the user agrees and authorizes the operator of NovelSpa to take any form of legal action
(including but not limited to unauthorized copying, use, editing, plagiarism, etc.) against the
lawful rights and interests of the user, including but not limited to complaints, lawsuits and other
necessary rights and interests protection measures.
1.6
NovelSpa operator has the right to directly
entrust its affiliates or other third-party companies to operate, manage and
perform the services or rights and obligations hereunder. NovelSpa operator does not need to obtain
additional authorization from users. NovelSpa operator will do its best to avoid
the inconvenience caused by the aforementioned entrustment or change to users' use of NovelSpa service. NovelSpa operator will try to timely notify
users through website, platform,
In-app-message, email and other means. In this agreement, an affiliate is any
enterprise that controls a party, or is controlled by a party, or is controlled by the same entity
with a party. Control means direct or indirect ownership of more than 50% (50%) of the equity,
voting rights or management rights of the enterprise.
1.7
In order to improve users
experience and satisfaction with NovelSpa service, users agree
that NovelSpa operator can conduct investigation,
research and analysis of user data to further optimize NovelSpa service.
Service contents
2.1
The specific content of
the NovelSpa service shall be provided by
the NovelSpa operator according to the actual
situation, including but not limited to users' use of the NovelSpa service to publish opinions,
comments, pictures, video, forwarding links, etc. The NovelSpa operator has the right to upgrade
or make other adjustments to the service or product form it provides, and will update the page/inform the
user in a timely manner.
2.2
Part of the NovelSpa service provided by the NovelSpa operator. If the service is a paid
network service, the user shall pay a certain fee to the NovelSpa operator for using the paid
network service. For the charged network service,
the NovelSpa operator will give the user a clear
reminder before the user uses it. Only when the user confirms that he/she is willing to pay relevant
fees according to the reminder, can the user use such charged network service. If the user refuses to pay the
relevant fees, the operator of NovelSpa has the right not to provide such
charging network services to the user.
2.3
Users understand, NovelSpa operators only provide technical
services associated with NovelSpa service, in addition to equipment
related to the related network services (such as personal computers, mobile phones, and other
associated with access to the Internet or mobile device) and the required fees (such as pay for
access to the Internet and
telephone and Internet access, for the use of mobile network and mobile phone fee paid) should be
borne by the user themselves.
2.4 Virtual Currency & In-App Purchases:
While using NovelSpa, you may have the opportunity to visit in-app stores where you can obtain and use our virtual currency: Coins. NovelSpa may also make coins available to you in connection with your use of the Services.
Virtual currency and coins have no “real-world” value but may be exchanged to skip in-app wait times.
Any prices, quotations and descriptions made or referred to on our Services do not constitute an offer and may be withdrawn or revised at any time before NovelSpa’ express acceptance of your order. To the extent permitted under applicable law, you agree to pay all charges, fees, and applicable taxes incurred by you or anyone else using your account or resulting from use of the Services on your device at the price(s) in effect when such charges occurred. NovelSpa may change the pricing for the Services at any time consistent with applicable law. NovelSpa reserves the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. If that happens, and you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
The unlock discounts may vary due to differences in local tax rates and our occasional activities.
Different payment methods, such as credit card, direct debit, PayPal etc. may be available to you when obtaining virtual currency through the Services. When you use third-party payment and billing providers, such as PayPal, that provider’s additional terms, conditions, and costs, apply. It is your obligation to pay all federal, state, and local taxes associated with the receipt or use of the virtual items which you purchase from NovelSpa.
YOU UNDERSTAND AND AGREE THAT NovelSpa WILL NOT OFFER REFUNDS FOR VIRTUAL CURRENCY UNDER ANY CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION TERMINATION OR EXPIRATION OF YOUR ACCOUNT, THESE TERMS, OR THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.
If an account is permanently banned, all virtual currency balances associated with the suspended account are forfeited. NovelSpa will have no obligation or responsibility to and will not reimburse you for any virtual currency, points, or experience lost due to your violation of these Terms.
Virtual Currency (reading coins) may be expired in 12months after you received them in your wallet. If you believe that there are errors in your transactions, you must contact us at support@NovelSpa.app 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.
Service change, interruption or termination
3.1
In view of the particularity of
network services (including but not limited to the stability of the server problems, malicious
attacks and other behaviors such as NovelSpa operator cannot control), the user
agrees to NovelSpa operators shall have the right to interrupt
at any time or end part or all of the NovelSpa service (including charged network
service). In case of such situation, NovelSpa operations will be as far as
possible in a timely manner via the web announcement, system notifications, In-App-message, SMS
alerts or other reasonable methods to notify the affected user. The platform shall not be liable for
any loss caused by business adjustment. The user understands and agrees that the XXX service shall
only be provided in accordance with its current situation. The platform shall not be liable for any
limitation, deletion, transmission error, storage error or any other problem of any user
communication or personalization Settings.
3.2
Users understand, NovelSpa operators need to periodically or
a periodically maintenance/repair the
platform for NovelSpa service (such as the Internet web
site, application, etc.) or related equipment, such as so situation and disrupted services in a
reasonable time, NovelSpa operators need not take any
responsibility for this, but NovelSpa operators should be notice in
advance as much as possible.
3.3
In the event of any of the
following circumstances, NovelSpa operator has the right to interrupt
or terminate the provision of NovelSpa services (including paid services
and free services) to users at any time without any liability to users or any third party, and the losses
caused thereby shall be borne by users independently:
3.3.1 the personal data provided by the user is not true;
3.3.2 user violates national policies of laws and regulations or rules of use stipulated in this agreement;
3.3.3 the user fails to pay the relevant service fee for the paid service when using the paid service;
3.3.4 users' infringement of the legitimate rights and interests of individuals, enterprises, institutions or social organizations, including but not limited to patent right, copyright, trademark right, or the right of a personal name or title, reputation right, honor right, portrait right, privacy right, etc.;
3.3.5 the user damages in any way the goodwill or reputation and other legitimate rights and interests of the NovelSpa operator and its affiliates;
3.3.6 the NovelSpa operator has other reasonable reasons to believe that it is necessary to interrupt or terminate the provision of NovelSpa services to users.
3.4
If the user does not actually use
the NovelSpa service within any consecutive 90
days after applying for opening the service, the NovelSpa operator has the right to choose any of the following ways
to handle the problem within the scope permitted by laws and regulations:
3.4.1 recycle user nicknames;
3.4.2 recycle user accounts;
3.4.3 stop providing NovelSpa service for this user.
Rules of use
4.1
Users who register NovelSpa account to produce, publish and
disseminate information shall use real identity information and personal data, and shall not
register with false or falsely used resident identity information and enterprise related
information; If there is any change in the
user's personal information, the user should update it in time.
Without the authorization of
relevant right holders, users shall not register NovelSpa account in the name of others or
other organizations, nor shall they use misleading information to register NovelSpa account, including but not limited
to the name, profile picture or introduction that makes people think that this account is associated
with other individuals or organizations.
4.2
The user understands and agrees
that the following information cannot be changed once it is submitted and confirmed by the user, and
the user shall be solely liable for losses and
consequences caused by content defects (including but not limited to errors, incompleteness and
dissatisfaction).
4.2.2 account information that cannot be modified after confirmation as stipulated by NovelSpa operator.
4.3
NovelSpa operator will establish and improve
the user information security management system and implement technical security prevention and
control measures. The NovelSpa operator will protect the privacy
of users involved in the process of using the NovelSpa service.
For NovelSpa contents published or stored by users in NovelSpa, NovelSpa operator suggests that users should make regular/irregular backup by themselves. The user understands and agrees that the NovelSpa operator shall not be able to return or provide any data to the user if the user voluntarily ceases to use the NovelSpa service or the NovelSpa service is terminated or canceled by using the logout function. The terms of user account cancellation are set forth in article 8 of this agreement.
4.4
In order to maintain the stable
operation of NovelSpa platform and ensure the quality of
user experience, without the prior written permission of NovelSpa operator, no one is allowed to
automate or post spam information on NovelSpa platform.
4.4.1 automatic behavior means that without the consent of NovelSpa operator, users release NovelSpa by themselves or with authorization, assist a third party to use automatic means or significantly different from ordinary people, and far more frequently than normal users.
4.5
The user understands and agrees that the NovelSpa operator shall have the right to determine whether the behavior of the user account constitutes automatic behavior and whether the information released by the user account is junk information by means of detection and verification according to the technical rules and take relevant measures to deal with it. All data and information based on processing measures shall be subject to the background records of NovelSpa platform.
4.6
As the precondition of the
existence of NovelSpa service is the account provided by
the user in the process of applying for opening NovelSpa service, the user shall not
transfer or lend his/her account and password to others. If a user finds that his/her
account or NovelSpa service has been illegally used by
others, he/she shall immediately notify NovelSpa operator. If the account number, password
and NovelSpa service are illegally used by
others due to hacking or the negligence of the user's custody and other reasons that are
not the NovelSpa operator, the user shall bear the
relevant responsibilities by himself.
4.7
User agrees to NovelSpa operators in the process
of NovelSpa service in a variety of ways to launch a variety
of commercial advertising or any other type of business information (including but not limited to
any page of the website the NovelSpa platform advertising), and the user
agrees to accept the NovelSpa operator, direct messages by email
or other way send goods promotion to the user or other related business information.
4.8
In order to better promote
information sharing and promotion, the user authorizes the NovelSpa operator to use the NovelSpa content on NovelSpa and its associated products and
services, and to license the above content to a third party for the purpose of
promotion. The aforesaid authorization granted
by the user to the NovelSpa operator and its affiliates does
not change the ownership and intellectual property rights of the content posted by the user, nor
does it affect the user's exercise of his/her legal rights to the content posted.
4.9
Users shall speak in a civilized
manner when using the NovelSpa service, and respect other users'
personal rights such as the right of personality and the right of identity in accordance with the
law, so as to jointly establish a harmonious, civilized and polite network social
environment.
4.10
When using NovelSpa service, users must follow the
following principles:
4.10.1 shall not violate local laws and regulations and relevant international treaties or rules;
4.10.2 shall not violate the network agreement, regulations, procedures and industry rules related to the network service and NovelSpa service;
4.10.3 shall not carry out any behavior that may adversely affect the normal operation of the Internet or mobile network;
4.10.4 shall not upload, display or disseminate any false, impostor, harassing, defamatory, offensive, abusive, threatening, racist, defamatory, defamatory, disclosure of privacy, malicious plagiarism, violence, blood, suicide, self-harm or any other illegal information;
4.10.5 it shall not infringe upon the legitimate rights and interests of any individual, enterprise, institution or social organization, including but not limited to patent right, copyright, trademark right, or right of a personal name, right of title, reputation right, honor right, portrait right, privacy right, etc.;
4.10.6 shall not damage the image of local state organs and government in any way;
4.10.7 shall not in any way damage the goodwill or reputation and other legitimate rights and interests of NovelSpa operator and its affiliates;
4.10.8 party b shall not engage in any other behavior that affects the normal operation of the NovelSpa operator, damages the NovelSpa business model or is harmful to the NovelSpa ecology;
4.10.9 shall not use the NovelSpa service for any other illegal purpose.
4.11
For the use of certain NovelSpa service rules and
instructions, NovelSpa operators by various means
(including but not limited to web announcement, system notifications, In-App-message and SMS alerts,
etc.) to make any statement, notification, warning, etc are considered to be part of this
agreement, the user services, such as the use of the NovelSpa as users agree with the statement,
the content of the notification, warning.
4.12
NovelSpa operators shall have the right to
review, supervise and handle to the user's behavior and information of using NovelSpa services, including but not limited
to user information (account information, personal information, etc.), release content (text,
pictures, patents, publications, etc.), the user behavior (build relationships, to
participate in activities, marketing information, to report complaints, etc.), etc.
4.13
If the user finds that other users
upload illegal or infringing content during the process of using NovelSpa service, the user can report it
according to the procedure of "NovelSpa guidelines for infringement
complaints ", and relevant personnel will verify and deal with it as soon as possible. In case of personal rights disputes
involving right of a personal name, right of title, right of reputation, right of honor, right of
portrait, right of privacy, etc., the user may handle such disputes in accordance
with relevant laws and regulations and with reference to the procedure of "guidelines for
infringement complaints ".
Intellectual property rights
5.1
The operator of NovelSpa is the owner of the ownership and
intellectual property rights of the NovelSpa platform and NovelSpa products.
5.2
The aforesaid NovelSpa products refer to the functions,
software and services provided to users by the NovelSpa operator, the affiliated company of
the NovelSpa operator or its authorized subject
through the NovelSpa platform, including but not limited
to information release sharing, relationship chain expansion, convenient auxiliary
tools, platform applications, public open platform and other functions.
5.3
The operator of NovelSpa is the owner of all information
content and intellectual property rights of NovelSpa platform and NovelSpa products. The aforesaid information includes
but is not limited to the program code, interface design, layout framework, data, account number,
text, pictures, etc., except for the content which shall be enjoyed by the relevant right holder
according to the provisions of laws and regulations.
5.4
In the process of using NovelSpa platform, it is possible for users
to use the function,
software or services which is developed by a third party and run by NovelSpa platform. Besides comply with the
relevant provisions of this agreement, users shall abide by the third-party rules, and respect for the holder
of the third party to its function, software, services and its related rights contained in the
content.
5.5
In view of the foregoing, user
understands and agrees that:
5.5.1 without the consent of the NovelSpa operator and relevant right holders, users shall not reverse engineer, decompile or disassemble the above functions, software and services; At the same time, the aforesaid contents or materials shall not be directly or indirectly published, played, rewritten or redistributed for the purpose of playing or publishing, or used for any other purposes in any media;
5.5.2 on the premise of making reasonable commercial efforts, the NovelSpa operator shall not be liable to the user or any third party in any form for any delay, inaccuracy, error, omission or any damage caused by the above functions, software, services and the contents thereof;
5.5.3 the NovelSpa operator shall not make any warranty or joint commitment or guarantee for any functions, software, services or contents provided by any third party. Any dispute, dispute or damage arising therefrom shall be settled by the user and the third party. The NovelSpa operator shall not assume any responsibility;
5.5.4 in order to better maintain the NovelSpa ecology, the NovelSpa operator reserves the right to dispose of the products or contents entitled to the ownership and intellectual property rights of the NovelSpa operator at any time and in any way, including but not limited to the method of amendment, shielding, deletion or other disposal permitted by laws and regulations.
Users personal information should be protected for privacy
6.1
Privacy information refers to the
secrets that citizens do not want to disclose or know for others in their personal life. NovelSpa operator attaches great importance to the protection of
users' privacy information. When you use our products and services, NovelSpa operator may collect and use your
relevant information. NovelSpa operator hopes to explain to you
the information that may be collected (including the way of collection), the purpose of collecting
such information, and NovelSpa operator hopes to explain to you
how to protect the safety of such information through this policy. Protecting personal information
of users is a basic principle of NovelSpa operator. NovelSpa operator regards user information
security and privacy protection as its "lifeline ". We are committed to enhancing the transparency
of information processing, enhancing the convenience of your information management, and ensuring
the security of your information and communication. Strictly abide by laws and regulations, follow
the following privacy
protection principles, to provide you with more secure and reliable services.
you may need to fill in some necessary information when you register your account or use the service. According to the special provisions of national or regional laws and regulations, you may need to fill in the real identity information. If the true information you provide is incomplete, you may be restricted from using the service. In general, we only retain your personal information for the shortest time necessary for our purposes. When our products or services cease to operate, we will notify you in the form of, for example, notice or announcement, and delete or anonymize your personal information within a reasonable period of time.
in general, you may browse and modify the information submitted by yourself at any time, but for the sake of security and identification (such as number appeal service), you may not be able to modify the initial registration information and other verification information provided at the time of registration.
without your approval, NovelSpa operators will not disclose your personal information to any other companies, organizations and individuals except the NovelSpa operators, and guarantee shall not made public or disclosed to third parties or provide user registration information and non-public content and information stored in the NovelSpa operator platform, server, or database by users, but except for the following situations:
obtain explicit authorization from users in advance;
in accordance with relevant laws and regulations;
in accordance with the requirements of relevant government departments and judicial organs;
to safeguard the interests of the public.
purposes reasonably necessary for the execution of the relevant service agreement or for the protection of the personal and property safety or other legitimate rights and interests of our customers, us or our affiliates, other users or employees.
if the user uses third-party services or equipment, the user's information may be disclosed to a third party in other ways. The user shall be aware of relevant provisions on the protection of the user's information by the third party, and the NovelSpa operator shall not bear any risks arising therefrom. The above situations include but are not limited to: users use third-party applications on mobile devices; Because the user information collected by the third-party application may be sent to a third party for processing.
Disclaimer
7.1
Users shall abide by the national
laws, regulations and policies in the process of using NovelSpa service. Users shall bear the
consequences of their behaviors arising from the use of NovelSpa service.
7.2
Any information posted by the user
through the NovelSpa service and any views expressed through the NovelSpa service does not represent the
position of NovelSpa and NovelSpa is not responsible for its
integrity, authenticity, accuracy or reliability. Users shall make their own judgment
on illegal, unethical, wrong or otherwise inappropriate information, and content that is wrongly
classified or fraudulently posted that they may come into contact with on NovelSpa. In any case, any loss or injury
caused by the aforesaid improper information shall be solely borne by the relevant subject.
7.3
NovelSpa operator will not assume any
responsibility for the interruption of NovelSpa service or other defects caused by
force majeure or causes beyond the control of NovelSpa operator, but will try its best to reduce the
loss and influence caused to users.
7.4
The NovelSpa operator shall be liable for
the NovelSpa products and services it provides
to users in accordance with the law, except otherwise provided by law or otherwise agreed.
7.5
User acknowledges and agrees
that NovelSpa operators may cooperation to
provide customers with products with a third party (including but not limited to game, third party
applications, etc.) and is provided by the third direction the user of the product upgrading,
maintenance, customer service and other follow-up work, by a third party, such as the quality
problem for this product or its causes all disputes or user loss
responsibility, the user in the agreed to claim to the third party and all rights related to this
loss.
7.6
Unless otherwise
agreed, NovelSpa provides products or services
(including but not limited to game items and props), such as no package, or the date indicated for
the duration of use of "permanent ", "indefinite ", or "unlimited " is the term of use for the user to begin using
the product or service to the product or service in the end of the NovelSpa offline.
Account cancellation
Before you log off your [NovelSpa] account, please fully read, understand and agree to the following:
8.1 Premises and instructions of cancellation
8.1.1 the [NovelSpa] account you apply for cancellation shall be the account registered by you in accordance with this agreement and provided to you by the company. You should log out [NovelSpa] account according to the procedures specified by the company or the tips on the website.
8.1.2 [NovelSpa] account cancellation will cause the company terminates the service provided to you, and the rights and obligations of both parties agreed herein shall terminate (except those which shall not be terminated according to other provisions hereof or which cannot be terminated according to its nature), and may result in the following consequences for the account:
any exchange code (including but not limited to book coupons, gift coupons, points or coupons, etc.) will be invalid;
any bank card will not be applicable to the account of the payment or withdrawal services.
8.1.3 the account you apply for cancellation shall be your NovelSpa exclusive account, and the account you log in through any other third-party channels (including but not limited to Google, Facebook and other third-party accounts) shall be canceled according to relevant provisions of third-party accounts.
8.1.4 the NovelSpa account you apply for cancellation shall be in the following state:
Your account information and user information are up-to-date, complete and correct, and the account is in a state that can use all the service functions. Account information or user information outdated, missing, incorrect account or frozen account cannot be applied for cancellation.
Your account must be in a safe state, that is, your account has not been the last 15 days to change the password, change binding and other sensitive operations, the account is not stolen by others, the account is not closed and other risks.
all properties in your account have been settled, and there is no relevant property that has been charged and not consumed in your account; There are no outstanding orders in your account.
your account does not bind "author " relevant information. That is, you do not apply to be an author with your account number, or there is no information about the stored works under your account number.
8.1.5 in particular, if your NovelSpa account has not had any account operation or fund change within 2 consecutive years; Or you are using our services in the process of fraud, infringe others' legitimate rights and interests, or other serious violation of the rules of any agreement, other cancellation conditions and meet the provisions of this agreement, the company shall have the right in accordance with the provisions of this agreement or the relevant national laws and regulations for positive for cancellation, the resulting consequences are to be borne by you.
8.1.6 the NovelSpa account you apply for cancellation shall be free from any unsettled contractual relationship and other rights and obligations arising out of or maintained on the basis of the existence of the account due to the cancellation of the account, and the company believes that the cancellation of the account will result in disputes over unsettled rights and obligations.
8.1.7 you agree that if the company is still in existence or needs to verify your relevant transactions or accounts when you apply for the cancellation of NovelSpa account, the company has the right to continue to freeze all or part of your NovelSpa account or account funds for further verification, and has the right to report fraud or illegal ACTS to the regulatory or judicial departments if necessary.
8.1.8 if the NovelSpa account you applied for logging out is successfully logged out, it will not be restored.
Liability for breach of contract
9.1
In case NovelSpa operator violates relevant laws,
regulations or any terms hereunder and relevant losses caused to users, the liability for damages
caused to users shall be borne by NovelSpa operator.
9.2
User agrees to protect and
safeguard the legitimate rights and interests of the NovelSpa operator and its affiliates and
other users. In case of any loss caused to the NovelSpa operator and its affiliates or any
other third party due to user's violation of relevant laws and regulations or any provision
hereunder, user agrees to assume the liability for damages caused thereby.
9.3
Such as NovelSpa operators find or receive a third
party to report or complain about, users’ presence or suspected breach of
article 1 of this agreement (tips), or article 4 (the rules), NovelSpa operators or its authorized subject
has the right to immediately take all necessary measures to reduce or eliminate the impact of user behavior according
to the reasonable judgment without any notification, and will notify the user after this processing
as soon as possible. The loss and consequence (including but not limited to missed promotion
opportunity, lost marketing revenue, etc.) caused thereby shall be borne by users
independently.
9.4
Except as otherwise provided
herein, if the NovelSpa operator finds or receives reports
or complaints from a third party and the user exists or is suspected of violating the obligations,
warranties, commitments or other terms set forth herein, the user shall correct and eliminate the
impact within the period specified by the NovelSpa operator; In the event that the
user fails to make corrections within the aforementioned time limit, the NovelSpa operator or its authorized subject
shall have the right to take all necessary measures immediately to mitigate or eliminate the impact
caused by the user's behavior in accordance with its reasonable judgment, and shall notify the user
as soon as possible after the treatment. The loss and consequence (including
but not limited to missed promotion opportunity, lost marketing revenue, etc.) caused thereby shall
be borne by users independently.
9.5
"All necessary measures " referred
to in 9.3 and 9.4 of this agreement include but are not limited to one or more of the
following:
9.5.1 change, delete or block relevant content;
9.5.2 warning of account violation and account silence;
9.5.4 change, restrict or prohibit some or all functions of the offending account;
9.5.5 suspend, restrict or terminate the user's right to use the NovelSpa service and cancel the user account;
9.5.6 report to relevant regulatory authorities or state organs;
9.5.7 other measures considered reasonable by NovelSpa operator.
Modification of the agreement
10.1
NovelSpa operator has the right to modify
any provision of this agreement at any time. In case of any change in the content of this
agreement, NovelSpa operator will publish the modified
content of this agreement on the NovelSpa platform, and NovelSpa operator may also choose to inform
users of the modification through other appropriate means (such as system notification).
10.2
If the NovelSpa operator does not agree with the
modification of the relevant terms of this agreement, the user has the right to stop using
the NovelSpa service. If user continues to use
the NovelSpa service, it shall be deemed
that user accepts the modification made
by NovelSpa operator to the relevant terms of
this agreement.
Delivery of notices
11.1
All the notices of the NovelSpa operator under this agreement can
be delivered by webpage announcement, E-mail, system notice, active contact of NovelSpa management account, In-App-message,
mobile phone short message or regular letter transmission. Such notice shall be deemed to have
been served on the addressee on the date of dispatch.
11.2
The user's notice to
the NovelSpa operator shall be delivered through
the contact information such as the official published mailing address, fax number and E-mail
address of the NovelSpa operator.
Governing law
12.1
The conclusion, execution and
interpretation of this agreement and the settlement of disputes shall be governed by the laws of
Hong Kong.
12.2
In the event of any dispute between
the parties regarding the content or performance of this agreement, the parties shall try to settle
it through friendly consultation. If no agreement can
be reached through negotiation, the dispute shall be submitted to arbitration administered by the
Hong Kong international arbitration center and finally settled in accordance with the rules of
arbitration of the Hong Kong international arbitration center institutions in effect at the time of
submission of the notice of arbitration.
Other provisions
13.1
If any provision of this agreement
is wholly or partially invalid or unenforceable for any reason whatsoever, the remaining provisions
of this agreement shall remain valid and binding.
13.2
If you do not comply with this provision and we do not take immediate action, it does not mean that we will waive any rights we may have (for example, to take action in the future). If one provision cannot be enforced, it will not affect the validity of the other provisions.
13.3
The headings in this agreement are
for convenience only and shall be ignored in the interpretation of this agreement.