Last updated: May 16,2019
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.quikernovel.com website (the “Service”) operated by Quikernovel (“us”, “we”, or “our”).
Quikernovel MAY AMEND OR MODIFY THE TERMS AT ANY TIME IN OUR SOLE DISCRETION. AMENDMENTS AND/OR MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY AFTER PUBLISHING THEM ON THE WEBSITE OR OTHERWISE PROVIDING YOU A COPY THEREOF, AND YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH AMENDMENTS OR MODIFICATIONS. WE WILL INDICATE AT THE TOP OF THIS AGREEMENT THE DATE IT WAS LAST UPDATED. YOU AGREE TO AND ARE RESPONSIBLE FOR CHECKING THE TERMS PERIODICALLY, AS THEY MAY BE AMENDED OR MODIFIED FROM TIME TO TIME. BY CONTINUING TO USE OUR SERVICES, YOU ARE SIGNIFYING YOUR ACCEPTANCE OF ANY REVISED OR UPDATED TERMS. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING OUR SERVICE(S).
1. Overview of quikernovel Platform and Services
quikernovel operates and maintains the Platform to provide you online literature reading services, including without limitation literary works (such as fictions, short stories, essays, etc.), comics, animations and other types of literature works. The literary works, functions, and other services provided through the Platform, and where the context permits, applications and software downloaded from the Platform, collectively constitute the “Services”.
2. Ownership; License
1. Platform and Services
The Platform and the Services are the valuable property of quikernovel and its licensors, and are protected by copyright and other intellectual property laws and treaties. We and our licensors own all rights, title and interest in and to the Platform and Services, including all copyright and other intellectual property rights in the Platform and Services. The Platform and any documentation on the Platform are provided to you solely in accordance with this Agreement and are licensed, not sold. This Agreement and the license rights provided to you hereunder do not transfer to you any title or ownership interest in or to the Platform or the Service or any Intellectual Property Rights therein (defined below).
“Intellectual Property Rights” means and includes, without limitation, copyrights, patents, trademarks, moral rights, and trade secrets, all other intellectual property rights and intangible legal rights or interests recognized in any country or jurisdiction in the world, and including without limitation:(a) any concept, computer program, content, customer data, customer information, customer list, data, design, development, discovery, documentation, drawing, improvement, information, list, manual, mask work, material, model, note, object code, plan, procedure, product, prototype, report, schematic, software, source code, and specification, (b) works, works of authorship, and moral rights, including without limitation, any right to claim authorship of a work, any right to object to any distortion or other modification of a work, and any similar right, existing under the law of any country in the world, or under any treaty, (c) inventions, invention disclosures, know how, letters patent, means, methods, patents, provisional patent applications, provisional patents, techniques, and all foreign counterparts and foreign equivalents of same, and any and all divisions, continuations, continuations-in-part, revisions, renewals, reissues, extensions, and the like, (d) service marks, trademarks, trade dress, and trade names, (e) trade secrets, with such term “trade secrets” being given the broadest possible definition, interpretation or meaning, and (f) any other similar rights, in each case, existing under the law of any country in the world, or under any treaty, all on a worldwide basis.
Subject to the terms of this Agreement and the Terms that govern your use of the Service(s) and your compliance with any rules of conduct, we hereby grant you a personal, limited, non-transferable, non-sublicensable, and non-exclusive license to use the Services provided by quikernovel through the Platform, for your own personal, non-commercial entertainment use. The preceding states the entirety of your rights with respect to the Services and the Platform, and we reserve all rights not expressly granted to you in this Agreement.
Without limiting the forgoing, you agree you will NOT do, or authorize or permit any third party to do, any of the following:
•use the Service(s) for any illegal purpose or in violation of any local, state, national, or international law;
•use the Service(s) for any commercial or business purposes or otherwise for any purpose other than your own personal entertainment use;
•violate any right of a third party, including by infringing or misappropriating any third party intellectual property right;
•interfere with security-related features of the Platform, including without limitation: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform or Service;
•interfere with the operation of the Platform or any user’s enjoyment of the Services, including without limitation: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
•perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
•attempt to perform any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.
3. User Content
Certain features of the Service may permit you to upload new content to the Platform, including original literary works, messages, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Platform. Notwithstanding anything to the contrary in this Agreement, you retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Platform.
3.1 Limited License Grant to quikernovel
By uploading or publishing User Content (Feedback excluded) onto the Platform, you grant quikernovel a worldwide, non-exclusive, perpetual, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, transmit, broadcast, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
You hereby further agree to assign to quikernovel all right, title, and interest in and to any and all feedback, such as suggestions and comments regarding the Services, and do hereby assign to quikernovel all right, improvement, materials, and information on the results of tests and evaluations of the Platform or Service (including, without limitation, questions, comments, suggestions, or the like) regarding the performance, features and functionality of the Platform or Service and any all inventions regarding an improvement of or other change or addition to the Platform or Service formulated or produced, in whole or in part, as a result of your feedback or what you have created or made (collectively “Feedback”), and all Intellectual Property Rights embodied therein, or resulting from, such Feedback and inventions. You agree that quikernovel will be and is hereby the sole and exclusive owner of such Feedback and inventions including all Intellectual Property Rights embodied therein, or resulting from such Feedback and inventions; and you hereby agree to cooperate with quikernovel in connection with the protection thereof and shall execute such documents (such as further deeds of transfer and assignment), if any, as required by quikernovel to perfect its rights hereunder.
You agree that all Feedback may be used by quikernovel to improve or enhance the Platform and Services and, accordingly, to the extent the foregoing assignments do not transfer any ownership interest in or to the Feedback and the results thereof to quikernovel, you hereby grant to quikernovel an exclusive, perpetual, irrevocable, fully sublicensable, transferable, royalty free, worldwide right and license to copy, reproduce, modify, create derivative works of, publicly perform, publicly display, distribute, market, offer for sale, sell, have sold, import, have imported, make, have made, use, have used, and commercially exploit the Feedback and all of the information and contents of any and all such Feedback without restriction.
3.2 Limited License Grant to Other Users
By uploading or sharing User Content with other users of the Service(s), you grant those users a non-exclusive license to access and use such User Content, as permitted by these Terms and the functionality of the Service.
3. Representations and Warranties
You are solely responsible for any User Content that you upload or publish onto the Platform, and you are responsible for the consequences of posting or publishing such User Content. By posting or publishing User Content, you represent, warrant and covenant that:
•(a)you are the creator or owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize quikernovel and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by quikernovel, the Service, and these Terms; and
•(b)your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause quikernovel to violate any law or regulation.
4. Accounts and Registration
To access the Service(s), you must register for an account through the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least  years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are under 18, you should have first obtained your parent’s or guardian’s permission before the registration of an account on the Platform.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to set up a password for your account. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at email@example.com.
5. Purchase and Payment
quikernovel may charge for certain Services under certain fee rate displayed on the Platform. Before you pay any fees, you must review the fee policy and method on the Platform, and then accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. If quikernovel changes the fees rate for any Service(s), including by adding additional fees or charges, quikernovel will provide you advance notice of such changes. If you do not accept the changes, quikernovel may discontinue the Service to you. quikernovel will charge the payment at the rate the time of purchase. You authorize quikernovel to charge all sums as described in these Terms, for the Service you select.
6. Digital Millennium Copyright Act
1. Infringement Notification
If you have an intellectual property rights-related complaint about any documentation uploaded and published on the Platform, you may contact us at the following address:
ATTN: Legal Department (Copyright Notification)
Any notice alleging that documentation hosted by or distributed through the Platform infringe intellectual property rights must include the following information:
•a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
•a description of the documentation that you claim is infringing and where it is located on the Platform;
•a statement by you that you have a good faith belief that the use of those documentations on the Platform is not authorized by the copyright owner, its agent, or the law; and
•a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
•an electronic or physical signature of the owner of the copyright or other right being infringed, if you are authorized to act on behalf of the owner; and
•your address, telephone number, and email address.
2. Repeat Infringers
quikernovel will promptly terminate without notice the accounts of users that are determined by quikernovel to be “Repeat Infringers”. A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
7. Third-Party Services and Linked Websites
quikernovel may provide tools through the Platform that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on quikernovel with an account on any third party service, such as Twitter or Facebook, or through our of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
This Agreement begins on the day you agree to these terms and conditions and continues in effect up until it is terminated by you or quikernovel.
You may terminate your account at any time by contacting customer service at firstname.lastname@example.org. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service(s). If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically.
9. Disclaimers and Consents
THE SERVICE(S) AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. quikernovel AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (“quikernovel ENTITIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE(S) AND ALL CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE quikernovel ENTITIES DO NOT WARRANT THAT THE SERVICE(S) OR ANY PORTION OF THE SERVICE(S), OR ANY CONTENT PROVIDED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE(S) OR ANY CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE quikernovel ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTION WITH ANY OTHER SERVICE USER, AND ANY CONTENT AVAILABLE THROUGH THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT THROUGH THE PLATFORM AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability
IN NO EVENT WILL THE quikernovel ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY quikernovel ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
IN NO EVENT SHALL quikernovel’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED FIFTY US DOLLARS (US$50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS SECTION THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES HERETO. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Compliance with Law
You shall comply with all applicable laws regarding your use of the Service(s). Without limiting the foregoing, you may not download, use or otherwise export or re-export the Services or any content on the Platform except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States.
12. Consent to Electronic Communications
13. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Washington, without regard to any conflict of law principles to the contrary. You hereby irrevocably consent to jurisdiction of the state and federal courts located in Seattle, Washington with respect to any proceeding regarding this Agreement.
You will not prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement except in such courts. The U.N. Convention on Contracts for the International Sale of Goods or any successor thereto is expressly disclaimed and does not apply to this Agreement.
You agree that your obligations and representations, and the license limitations, stated herein, are necessary and reasonable in order to protect quikernovel, its business, and its licensors, and you expressly agree that monetary damages would be inadequate to compensate quikernovel fully for any breach of this Agreement, or for any misrepresentation made by you above. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to quikernovel and that, in addition to any other remedies that may be available, in law, in equity or otherwise, quikernovel shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, or the continuation of any such breach by you, or to remedy any misrepresentation made by you, without the necessity of proving the inadequacy of any legal remedy or monetary damages, and without the need to post any bond.
15. Export Restrictions and Use Outside of the United States
You acknowledge and agree that the Services and any content on the Platform are subject to restrictions and controls imposed by the United States Export Administration Act (the “Act”) and the regulations promulgated thereunder. You agree and certify that neither the Services nor any other content provided through the Platform, nor any direct product thereof is being or will be acquired, shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same. You agree that you will comply with all applicable law in with regard to your possession and use of the Services and other content provided through the Platform.
16. Independent Contractors
You acknowledge that you are not considered, and shall not present yourself as, an agent, employee, joint venturer, or partner of quikernovel (or any of its respective affiliates, publishing partners, licensors or licensees). Each party to this Agreement is an independent contractor with respect to the other, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venturers.
•Except as expressly permitted above, the Terms may be amended only by a written agreement signed by authorized representatives of the parties hereto.
•You may not assign or transfer the Terms or your rights or obligations under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign our rights or obligations under the Terms at any time without notice or consent.
•The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of the Terms, or any provision of the Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
•Use of section headers in the Terms is for convenience only and will not have any impact on the interpretation of any provision.
•If any part of the Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
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