Terms – NovaView

Terms and Conditions

Effective date [1 July 2020]

Use of the website
1. You are permitted by the owners of NovaView Digital Ltd, (“NovaView” or “we”) to access and use the NVTV website located at nvtv.info, and any other extension or replacement thereof from time to time (the “Website”), or the digital video app (the "App") subject to your compliance with these Terms and Conditions, and the Privacy Policy.
2. You must be 13 or older to use the Website.
3. The NVTV service, and any content viewed through our service, is solely for your personal and non-commercial use. With your NVTV subscription (paid or free) we grant you a limited, non-exclusive, non-transferable, license to access the NVTV content through the service on a streaming-only basis for that purpose.
4. The Website and App include associated services (“Services”) such as, but not limited to, online video training and learning, quizzes, posting comments, analytics, and payment systems.
5. We grant you a limited, non-exclusive, non-transferable, and revocable licence (without the right to sub-licence any of the following rights) to use the Website and associated Services.
6. The Website is meant to be used via the web interfaces provided. Do not interfere with the Website or access them by any other means than the web interfaces provided. Do not attempt to obtain unauthorised access to InfiniVideos’s computer systems or database records, or break or circumvent InfiniVideos’s security measures or otherwise test the vulnerability of its systems or networks. Do not login to another user’s account either with or without their permission.
7. The trade-marks, trade names, logos, designs and other marks of InfiniVideos may not be used without the prior written approval of InfiniVideos.
8. You may not transfer, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, from, sell or in any way otherwise use in an unauthorised manner or exploit the Website or its associated Content, and Services.
9. All of NovaView’s intellectual property rights are fully reserved. Your use of the Website does not confer on you ownership of any intellectual property rights in our Website or associated Services or Content which does not otherwise belong to you.
10. We may send notifications to you from time to time regarding account, service, and other administrative matters. We do not and will not sell or provide your contact details for promotional purposes to third parties.
11. Use of the website requires you to provide your own Internet connectivity, appropriate telecommunications links, computers, or any other equipment or services. We are not liable for telephone or other costs that you may incur to connect to or use the Website.
Account
1. You need to create an account to access and use certain features of the service and also manage your personal information, your workers, and Content. If you choose to register for the service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the service’s registration form.
2. It is your responsibility to ensure that your password and username are kept confidential, secure, used properly and not disclosed to unauthorised people. You must inform us immediately if you have any reason to believe your account has been compromised. Do not share your account with any other person.
3. We cannot alter or disclose usernames for security reasons.
4. We reserve the right to suspend account access to the Website if at any time we consider that there is, or is likely to be, a breach of security. We reserve the right, at our discretion, to require you to change any or all of the passwords used by you in connection with the Website.
Paid Service
1. Users pay a membership fee to use the service, billed in our preferred currency using any applicable merchant services provider.
2. The membership fee will be billed on the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership.
3. We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time. Except as otherwise expressly provided for in these terms of use, any price changes to your service will take effect following email notice to you.
4. We reserve the right, at any time, to begin charging fees for any free service provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
5. Credit card payment processing fees for payments collected and made through NVTV are charged by our third party payment processor. You agree to provide them with complete and accurate information that may be required to enable such payments.
6. Payments are non-refundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your NVTV membership through the end of your current billing period.
7. You may cancel your NVTV paid membership at any time for any or no reason. If you have cancelled your NVTV paid membership, you and the worker linked to your account will lose access to all premium features you enrolled into during your NVTV membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid.
Acceptable Use
1. You must only post, upload, or link Content which is legal, which you are authorized to use, and which is acceptable to other visitors of the Website In particular, but without limitation, you agree that when using the Website, you will not:
  1. Use the Website or its associated Services to defame, abuse, harass, stalk, threaten or otherwise violate the security, safety and/or legal rights of others;
  2. Create a false identity, or impersonate any person or entity, for the purpose of misleading others;
  3. Use the Website or its associated Services to cause unsolicited emails to be sent to others;
  4. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of uploaded material;
  5. Upload files or Content that contain or you suspect may contain viruses, or other software which may cause damage to the Website, its Contents or other users’ computer or property;
  6. Post anything that is sexually explicit or pornographic, exploits or presents minors in a sexual way, promotes self-harm, or gratuitous violence;
  7. Use any method to access, search, scrape, download or change the Website or anything on it;
  8. Try to reverse engineer any of InfiniVideos’s software.
2. We may refuse to display or remove Content that is unacceptable or illegal or which infringes any person’s intellectual property rights, including copyright or trade-mark rights.
3. We may restrict access to Content you post if it results in excessive or abnormal web traffic or otherwise impacts the performance of the Website.
Privacy and Your Content
1. Any personal information that you provide to InfiniVideos will only be used in accordance with our Privacy Policy. By submitting personal information to NovaView, you agree to our collection, use and disclosure of such personal information for the purposes for which you submitted the information, in accordance with our Privacy Policy, and as permitted or required by law.
2. This Website operates on shared Internet infrastructure, and your data and Content may be transmitted over various such networks.
3. Our Privacy Policy does not apply to linked websites operated by third parties.
4. Our Website allows you to upload and store Content, and you retain ownership of any intellectual property rights that you hold in that Content (save to the extent intellectual property rights to such Content is held by other parties).
5. You grant NovaView a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, transferable licence to use, host, store, reproduce, modify, translate, create derivative works, communicate, publicly perform, publicly display and distribute such Content solely for the purposes of operating, developing, providing, and using the Website and development of new services by NovaView. You agree that you have the necessary rights to grant us this licence for any Content you submit to our Website. This licence continues even if you cease to use our Website.
6. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the service (“submissions”), provided by you to NovaView, its affiliated companies or partners are non-confidential, and may be disseminated without acknowledgment or compensation to you.
7. NovaView reserves the right to preserve and disclose any information necessary to satisfy any applicable law, regulation, legal investigation or process or government request.
8. NovaView reserves the right to refuse to post, or remove any information or Content, in whole or in part, at its sole discretion.
9. NovaView does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any Content you may provide or activities you engage in during the course of your use of the Website.
Disclaimers
1. The Website and its Content are provided on an “as is” basis, and to the extent permitted by law, we exclude all warranties, representations, and conditions of merchantability, fitness for a particular purpose, and non-infringement, express or implied. There is no guarantee that the Website and its Content will be available, current or up-to-date, error-free, free of viruses or other harmful components.
Limitations of Liability
1. To the extent permitted by law, NovaView is not responsible for, and expressly excludes liability for lost profits, revenues, data, damage to your computer, financial losses, telecommunications losses, or any other loss or damage that may arise from the use of the Website or Content or for goods and services offered by third parties which you have purchased.
Indemnity
1. You agree to release, indemnify and hold NovaView, and each of its respective officers, directors, employees, agents (collectively, "Indemnified Parties") harmless from and against any damages, losses, costs and expenses, including on a full indemnity basis all legal, defense and settlement claims, costs and expenses, whether or not finally determined, and any fines or penalties imposed by any regulatory, advertising or trading body or authority, related to or arising out of: (a) any breach by you of these Terms and Conditions, (b) any use or alleged use of the Website under your password or other unique identifier, whether or not authorized by you, (c) your use of the Website, and (d) your violation of any law or the rights of any Indemnified Party or any third party. The Indemnified Parties reserve the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with the subject matter of this indemnity and you agree to cooperate with the Indemnified Parties' and its designee's defense thereof.
Warranty
1. You represent, warrant and agree that: (a) you have the necessary right, power and authority to enter into these Terms and Conditions and perform your obligations under it; (b) you own your Content or you have the necessary authorization from the lawful owner of such Content to post them on the Website; (c) your Content complies with section 2; and (d) you have the necessary right, power and authority (and where necessary consent) to make any purchases from or via the Website.
Modification or Termination of Website
1. We may update, suspend, or discontinue the Website (or part thereof) at any time. You are not entitled to a refund of any fees paid in these circumstances.
2. InfiniVideos has no obligation to preserve your data or Content at any time. We recommend you back-up any important information to another location.
3. In connection with modifications to the Website and associated Services, these Terms and Conditions may also be modified at any time without prior notice.
Termination
1. We may terminate or suspend your account at any time with or without notice to you if (a) you breach these Terms and Conditions, (b) you have not accessed your account for a minimum of 6 months; or (c) if the Website is going to be discontinued or merged with another service.
General
1. We may modify these Terms and Conditions or any additional Terms and Conditions that may apply to the Website. Your continued use of the Website following such change will constitute your agreement to be bound by the modified Terms and Conditions.
2. If a particular term is not enforceable, this will not affect the enforceability of any other terms.
3. NovaView's failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.
4. These Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong. The courts of Hong Kong have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms & Conditions (a “Dispute”). You agree that the courts of Hong Kong are the most appropriate and convenient courts to settle Disputes.

By using this website, you agree that you have read and agree to be bound by these terms and conditions.