(with User Content provisions)
4 December 2017
NOVA is the product platform owned, controlled and managed by Twinery Innovations by MAS, a subsidiary of MAS Holdings (Private) Limited (“NOVA”).
ACCOUNTS, PASSWORDS AND SECURITY
NOVA may in its discretion require you to open an account (including setting up user name and password) to access certain features and functionality of the Platform, including being permitted to post questions or comments (see discussion below). You are entirely responsible for maintaining the confidentiality of the user name and password your account, and for all activity that is conducted under your account. You agree to notify NOVA immediately of any unauthorized use of your account or password, or any other breach of security.
All intellectual property on the Platform is owned by NOVA or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the NOVA name) are owned, registered and/or licensed by Twinery Innovations by MAS. All content on the Platform, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is proprietary to NOVA, protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. All rights reserved.
The Platform contains features that permit you to submit questions or comments (“User Content”). You retain the rights to your copyrighted User Content except as follows:
By submitting User Content to the Platform, you grant NOVA a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, publicly perform, publicly display and digitally transmit your User Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You also represent that you have the right to submit any User Content you post, and that your User Content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
NOVA does not endorse User Content in any way. NOVA takes no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content submitted by you or any other user of the Platform.
PLATFORM USE RESTRICTIONS
COPYRIGHT, DMCA AND TAKEDOWN OF INFRINGING CONTENT
NOVA respects the intellectual property rights of others and will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove User Content on the Platform that we believe, in our discretion, may be infringing the intellectual property rights of others. If you become aware of User Content on the Platform that infringes your copyright rights, you may submit a proper DMCA request (17 U.S.C. § 512) to NOVA by contacting our agent, as follows:
The Legal Department, Twinery Innovations by MAS
50, Foster Lane, Colombo, Sri Lanka
Please send our agent the following information:
- A physical or electronic signature (i.e., /s/NAME) of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
- Identification of the intellectual property right claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit NOVA to locate the material.
- Information reasonably sufficient to permit NOVA to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
If we remove your User Content in response to a copyright or trademark notice, we will notify you via email and offer to provide you with a copy of the notice. If you believe your User Content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
- A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content before that period passes, we will consider, in our discretion, restoring your User Content to the Platform.
The Platform contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using NOVA’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
IN ORDER TO PROVIDE YOU WITH THIS FREE SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS PLATFORM. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, AND NON-INFRINGEMENT. THIS PLATFORM IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THIS PLATFORM, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS PLATFORM WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
LIMITATION OF LIABILITY
NOVA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), EVEN IF NOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST NOVA FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF NOVA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT,