ACCEPTANCE OF TERMS OF USE
By using, browsing, or visiting this Website or any Website or portal (collectively, the “Website(s)”) published by novel electronics, inc. (“novel”) you accept the below stated Terms of Use (“Terms of Use”) in full. If you do not agree with these Terms of Use, please do not use our services or visit our Websites. Your acceptance of these Terms of Use constitutes a legal agreement between you and novel.
CHANGES TO TERMS OF USE
novel may, at any time and without prior notice, revise these Terms of Use. You are bound by such revisions and should, therefore, periodically visit this page to view the current Terms of Use and conditions to which you are agreeing. By using novel’s websites after changes are made, you consent to the Terms of Use of the Website you visit as such Terms of Use exist at the time of said visit.
LIMITATIONS OF USE
By accessing our Websites, you agree not to upload, post, email, or in any other way send or transmit any material containing software viruses or any other computer files, programs, or code designed to interrupt, damage, or limit the functionality of any computer hardware or software or other equipment associated with the Websites. Additionally, you agree not to interfere with the servers or networks connected to the Websites, or to violate any of the regulations, policies, or procedures of networks connected to the Websites.
You also agree not to (I) impersonate any other person or persons while using the Websites, (II) conduct yourself in an inappropriate, indecent, vulgar, or offensive manner while using novel’s services or Websites, or (III) use the Websites for any unlawful purpose. You further agree that any content you submit to the Website is in compliance with all applicable laws, rules, and regulations, and that it is (A) owned by you, (B) submitted with the express consent of the owner or within the scope of the license to such content, and/or (C) in the public domain.
novel reserves the right to terminate your access to the Websites and/or any of its services if it is determined that you do not comply with these Terms of Use; knowingly provide false, incomplete, or inaccurate information in the registration process; engage in conduct that would in any way harm novel’s rights or interest in its Websites, services, and/or other property; or for any reason whatsoever, without prior notice to you.
MONITORING AND MANAGEMENT OF CONTENT OF WEBSITES
novel has the right, but not the obligation, to monitor the content of the Websites to determine compliance with the stated Terms of Use, in addition to any other operating rules and regulations established by novel, as well as to determine compliance with any applicable laws, including but not limited to, copyright laws. novel has the right, in its sole discretion, to edit, refuse to post, block access to, and/or remove any material submitted to or posted on the Websites that is found by novel to be in violation of any part of the Terms of Use, or that novel believes may violate laws and/or the rights of others, including but not limited to, laws against copyright infringement and the rights of privacy and publicity.
LINKS
Some hyperlinks on the Websites may lead to the websites of third parties. These websites and their contents are not controlled by novel. Additionally, other websites may link to our Websites. novel is not and cannot be responsible for the content and privacy policies of any third- party website. Please see our Privacy Policy for more information on this subject.
INTELLECTUAL PROPERTY
Elements of the Websites, including but not limited to, text, logos, graphics, sound, video, designs, photographs, depictions, images, digital downloads, data compilations, and software are protected by all United States and international copyright and trademark laws and are the property of novel and/or its affiliates.
COPYRIGHTS
Copyright of all materials provided on the Websites is owned by novel and/or its affiliates. Unless expressly stated otherwise, no material contained in the Websites may be copied, republished, reproduced, displayed, distributed, downloaded, transmitted, or posted, in any form or by any means, including but not limited to, electronic, recording, mechanical, photocopying, or otherwise, without the prior consent of novel.
Permission is hereby granted to view, print, download, and/or copy the materials on the Websites for personal, commercial informational use only, provided that such materials are used solely for informational purposes, and that all copies and/or portions thereof, include this copyright notice. novel may revoke any of the above stated rights at any time without notice. Without the prior consent of novel, you may not “mirror” any material contained on the Websites on any other server(s). Upon termination of any rights extended hereunder, you must immediately destroy any downloaded or printed materials obtained from any Website. Unauthorized use of any materials contained on the Websites may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that a work you own and/or hold the copyright to has been used in any way that may constitute copyright infringement, and that such infringement is occurring on the Websites, please notify novel (contact information below) via a written or electronic notice (“Notice”) containing the following information:
-Your full legal name, address, telephone number, and email address
-The physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work that is alleged to have been infringed
-An identification of the copyrighted work you claim has been infringed
-An identification of the material you claim is infringing, and its location
-A statement by you that you have a good-faith belief that the disputed use of the copyrighted work is/was not authorized by you, the copyright owner, its agent, or the law
-A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner and/or authorized to act on the copyright owner’s behalf
CONTACT INFO
novel electronics, inc.
3367 Babcock Blvd, Suite 101
Pittsburgh, Pennsylvania 15237
Phone: 412-755-0200
Fax: 412-455-5311
Email: novelinc@novelusa.com
TRADEMARKS
All trademarks, service marks, and logos (“Trademarks”) used and displayed on the Websites are registered or unregistered Trademarks of novel. Nothing on the Websites shall be construed as granting in any way any license or right to use any Trademark displayed on the Websites without the prior consent of novel. The name novel electronics or any Trademark may not be used in any way without the prior written consent of novel. novel prohibits the use of any novel logo and/or Trademark as a “hotlink” to any website, unless the establishment of said link is approved in advance by novel.
SUBMISSIONS
You are solely responsible for any and all information you provide to novel or post through interactive features of the Websites. If novel has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, novel has the right to suspend or terminate your account and refuse any and all current or future use of the Website and hold you solely responsible for any claim for damages which may arise from such information. Any message or other posting without valid email address verification is subject to removal. Any information you post on the Website is subject to disclosure to any regulatory or criminal authority.
Information and messages that you post on the Websites are posted at your own risk. novel is not and will not be responsible for and disclaims any liability related to your use of the Websites or reliance on the information posted on the Websites. novel is not responsible for the content, reliability, or accuracy of any information posted on the Websites by other users.
USE OF INFORMATION AND MATERIALS SUBMITTED TO THE WEBSITES
novel is free to use any comments, concepts, photos, suggestions, text, and/or any other content or information (collectively and severally, “Materials”) submitted by you to novel and/or contained in any communication you may send to novel (through the Websites or otherwise), without further compensation or payment to you, for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products. novel will make every effort to properly credit the source of any comments, concepts, photos, suggestions, text, and/or other content or information used.
novel may use, reproduce, displace, transmit, edit/modify, create derivative works of, publish, and otherwise make use of Materials submitted to novel, in any and all media throughout the world and for any purpose, without compensation of any kind to you. In the event that such Materials cannot be so assigned to novel, you hereby grant novel an unalterable, royalty-free, worldwide license to use the Materials as otherwise described in these Terms of Use and for any other purpose.
novel is not responsible for the confidentiality of any information communicated to our Websites. By communicating Materials to our Websites, you have agreed that novel has the right to publish the Materials for any purpose, including but not limited to, advertising, promotional, and other purposes. You acknowledge and agree that novel has no obligation to post, display, or otherwise make publicly available any Materials submitted by you.
Any and all Materials submitted by you may be made available by novel for viewing, commenting, rating, and reviewing by the public. You hereby acknowledge that ratings or comments that you disagree with or are unhappy about may be published or become otherwise associated with Materials that you submit to novel. By submitting Materials to novel, you waive any expectations of privacy that you may have with respect to the Materials and agree that novel is neither responsible nor liable for any viewing, commenting, rating, or reviewing by the public with respect to any Materials.
In submitting Materials to novel you represent and warrant that said Materials comply with all applicable laws, rules, and regulations, and do not infringe on any copyright, property rights, trademark, rights of privacy or publicity of any person, or any other right (including intellectual property rights) of any third party, and that you have the full, unrestricted right to transfer the Materials to novel, free of any claims or encumbrances. You agree to hold novel and all its employees, agents, and associates harmless from and against—and hereby waive any right to pursue—any claims of any nature that may arise in connection with any breach of the foregoing representation and warranty and/or novel’s use of Materials submitted to novel and used in any manner at novel’s sole discretion.
DISCLAIMER OF WARRANTY
The content (in any and all forms) contained on the Websites is provided “as is,” without warranties of any kind, either express or implied. novel assumes no responsibility or liability for any errors or omissions in the content of the Websites; any failures, delays, or interruptions in the delivery of any content contained on the Websites; or any conduct by users of the Websites. To the fullest possible extent, pursuant to applicable law, novel disclaims all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for any particular purpose, non-infringement or other violations of rights.
LIMITATION OF LIABILITY
Under no circumstances shall novel, its employees, agents, or associates be liable (jointly or severally) for any direct, indirect, incidental, or consequential damages of any kind, including but not limited to, loss of use, data, or profit, or any theory of liability, arising out of our in connection with the use or the inability to use the Materials on the Websites, even if novel or a novel representative has been advised of the possibility of such damages. Certain states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If any applicable authority holds any portion of this section of the Terms of Use to be unenforceable, then liability will be limited to the fullest extent permitted by applicable laws.
INDEMNITY
You agree to indemnify, defend, and hold harmless novel, its employees, agents, and associates, from and against any and all claims, actions, or demands, including but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Websites or your breach of these Terms of Use. novel shall provide notice to you promptly of any such claim, suit, or proceeding, and may, at novel’s discretion, assist you, at your expense, in defending any such claim, suit, or proceeding.
CHOICE OF LAW
You agree that any issue or dispute arising out of, or in connection with, your use of novel’s Websites, intellectual property, Terms of Use, or any matter concerning novel shall be governed by the laws of the United States of America and the State of Minnesota. Additionally, you agree that any such issue or dispute shall be brought exclusively in federal or state courts located in Minnesota. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full effect. In using the Websites, you agree to comply with all applicable laws, rules, and regulations. The material provided on the Websites is protected by law, including but not limited to, United States copyright and trademark laws and international treaties.