Last Updated: November 17, 2009
PLEASE READ THE FOLLOWING USER AGREEMENT (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW).
This User Agreement (or "Agreement") is a legal agreement between you and Novelltrade.com, (ìNovelltrade.comî or "us"). By using Novelltrade.com website or accessing, registering as a member of the Novelltrade.com or other services, you agree to be bound by the terms of this user Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use Novelltrade.com or other services.
We can amend this User Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the Novelltrade.com website, which take effect when we post them. By continuing to access or use the Novelltrade.com website after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web site.
Novelltrade.com is not designed or intended for use by children under 13, although participating merchants on our Web site may offer children's products for purchase by adults. If you are under 18, you should use Novelltrade.com only with involvement of a parent or guardian.
Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we reserve the right to terminate your membership and we will take appropriate steps to deleting any information from our system.
Certain features and services on the Novelltrade.com website require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on Novelltrade.com. You are responsible for safeguarding the password that you use to access any secure areas of the Novelltrade.com website.
You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Novelltrade.com of any unauthorized use of your password.
Novelltrade.com provides a number of different services to assist you in comparison shopping for products. Novelltrade.com provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. The products listed on the Novelltrade.com website are sold by third-party merchants, not by Novelltrade.com.
You acknowledge that Novelltrade.com does not sell, resell or license any products listed on the Novelltrade.com website, nor is Novelltrade.com acting as an agent of sale. We are merely making it easier for you to buy from merchants who choose to offer goods using the Novelltrade.com website. You acknowledge that Novelltrade.com disclaims any responsibility for or liability related to such products (see Disclaimer of Warranties below). You agree to direct any question, complaint or claim about merchants (for example, about their products, customer service for their products or delivery) to the appropriate merchant or seller.
Novelltrade.com does not warrant that product descriptions, pricing, editorial commentary or any other content on the Novelltrade.com website, regardless of its source, is accurate, complete, reliable or current. Novelltrade.com content is provided for informational purposes only and does not constitute an endorsement by Novelltrade.com of any product, service or merchant. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Novelltrade.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g., user merchant rating or user product rating) or other content on the Novelltrade.com website.
Consumer reviews and ratings on the Novelltrade.com website are from our members who have elected to post a review on the Novelltrade.com website. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.
Participating merchants and other third parties may pay Novelltrade.com to be presented on the Novelltrade.com website or to have their product or service offerings placed higher in our search results and may also purchase research from Novelltrade.com, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to the Novelltrade.com website and any content appearing on the Novelltrade.com website will remain the exclusive property of Novelltrade.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Novelltrade.com website or any other content appearing on the Novelltrade.com website. You may not copy or modify the HTML code used to generate web pages on the Novelltrade.com website. You may not use the Novelltrade.com website, or any other content appearing on the Novelltrade.com website, on or in connection with any other website for any purpose.
By contributing or submitting any content to the Novelltrade.com website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Novelltrade.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you.
In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Novelltrade.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Novelltrade.com reserves the right to change or delete any content on the Novelltrade.com website that Novelltrade.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
or that contains any computer viruses, worms or other potentially damaging computer programs or files.
You retain all ownership rights to information, text, graphics or other materials you publish on the Novelltrade.com website. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the Novelltrade.com website at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to the Novelltrade.com website if you choose to republish your content elsewhere and that you do not publish the same items of content on both the Novelltrade.com website and other product or price comparison sites.
All content included or available on Novelltrade.com website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2009 Novelltade.com, with all rights reserved, or is the property of Novelltrade.com and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Web site for the sole purpose of using this site as a shopping resource. Any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Novelltrade.com is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Novelltrade.com.
Novelltrade and Novelltrade.com are proprietary service marks of Novelltrade.com. Novelltrade.com service marks/trademarks may not be used in connection with any product or service that is not provided by Novelltrade.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Novelltrade.com.
All other trademarks displayed on Novelltrade.com website are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Novelltrade.com and these companies.
Novelltrade.com disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. ß 512, if you believe that any such third party materials infringe your intellectual property rights, please follow the copyright / trademark procedure bellow and contact the following agent to request a review of the alleged infringement:
The notice should be mailed to:
Submit a ticket: http://novelltrade.com/contact or
Email: novelltrade@gmail.com
Upon receipt of notice as described above, Novelltrade.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Novelltrade.com website.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the Novelltrade.com website that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote the Novelltrade.com website on a third-party website, please provide the following information in a signed letter on company stationery:
Please send this written communication with the above information to the following address:
Submit a ticket: http://novelltrade.com/contact or
Email: novelltrade@gmail.com
Upon receipt of notice as described above, Novelltrade.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Novelltrade.com website. In the event that the challenged content has been provided to Novelltrade.com by a third party and in Novelltrade.com's sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, Novelltrade.com will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, Novelltrade.com will not remove the content.
Notwithstanding the foregoing, Novelltrade.com will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement). Novelltrade.com may choose to assume that you intended to terminate your account if you do not access it for more than 3 months.
Following termination of your account for any reason (including inactivity), at their sole option, Novelltrade.com and its licensees may continue or stop publicly displaying some or all of your content.
You agree to comply with all laws and regulations applicable to your access and use of the Novelltrade.com website and publishing your content. You may not harvest personal data from the Novelltrade.com website, and specifically you may not ask users to join or contribute to your services.
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement.
You acknowledge that Novelltrade.com has no obligation to monitor your access to or use of the Novelltrade.com website, but has the right to do so for the purpose of operating the Novelltrade.com website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Novelltrade.com website or collect information from it.
By choosing to use the Novelltrade.com website, you agree to indemnify Novelltrade.com, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of:-
Because we are a venue, in the event that you have a dispute with one or more users (including merchants) of the Novelltrade.com website, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge Novelltrade.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of ß1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
Novelltrade.com and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with Novelltrade.com and its parent, subsidiary or affiliate companies, our services or this Agreement. We and our suppliers shall not be liable to you for more than $100.
Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
The Novelltrade.com website and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. Novelltrade.com website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Novelltrade.com website including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Novelltrade.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Novelltrade.com website. In addition, Novelltrade.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the Novelltrade.com website constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Novelltrade.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the Novelltrade.co website. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Novelltrade.com.