Terms of Use

NOVA Terms of Use
(with User Content provisions)
4 December 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

NOVA is the product platform owned, controlled and managed by Twinery Innovations by MAS, a subsidiary of MAS Holdings (Private) Limited (“NOVA”).

By accessing or using this website or mobile application (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understood and agreed to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of NOVA. NOVA may change these Terms of Use at any time without notice, effective upon its posting to the Platform.  BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

 

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.

CONTENT
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.

Please review the NOVA Privacy Policy  for an explanation of how we may use or share information submitted by you or collected from you.

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
You may use the Content only for your own non-commercial use to participate in the Platform. You are hereby granted a non-exclusive license to use the Content, but only while accessing the Platform. You are also granted a limited license to print copies of any Content posted at the site, but only for your personal use. Except as expressly provided above, all rights are reserved. Other things, except to the extent required for the limited purpose of reviewing material on the Platform, electronic reproduction, adaptation, distribution, performance or display is prohibited without the prior written consent of NOVA. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display the Platform in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at hello@wearnova.co.  You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.  You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you, except as expressly provided.

 

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:

Contact:

The Legal Department, Twinery Innovations by MAS

Address:

50, Foster Lane, Colombo, Sri Lanka

email:

hello@twinery.co

 

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.

 

INDEMNITY
You agree to hold NOVA, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Platform, your violation of these Terms of Use, and/or your violation of the rights of any third party or person.

 

PERIODIC REVISIONS
You agree that we may modify these Terms of Use in our sole discretion, without advance notice, and that your right to access this Platform is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. We will post a notice on this page for thirty (30) days following any revisions or modifications to these Terms and Conditions. You agree to review this page at least once every thirty (30) days.  Your continued use of this Platform is conditioned on your accepting the revised or modified Terms of Use.

 

INTERNATIONAL USERS
This site is directed at a global viewer base, to residents and users located across the world. Our digital operations are conducted in Sri Lanka. Regardless of where you live, if register as a user, you consent to have your personal data transferred, processed and stored in Sri Lanka, and allow NOVA to use and collect your personal information in accordance with this Privacy Policy.

 

LINKS
The Platform may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). NOVA does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. NOVA is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.  Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available circumvention devices, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it.

 

MOBILE SERVICES
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.

 

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NOVA, its holding company, affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

 

PRIVACY
Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

 

WARRANTY DISCLAIMER
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,

 

MISCELLANEOUS
You agree that this Platform shall be deemed a passive website solely based in Sri Lanka, which does not give rise to personal jurisdiction over NOVA in jurisdictions other than the US. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and NOVA shall be governed in all respects by US law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. These Terms of Use are further subject to US law. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of NOVA products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of NOVA products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from NOVA. You agree that any notice, agreement, disclosure or other communication that NOVA sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. NOVA’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. NOVA may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 

TERMINATION
NOVA reserves the right in its sole discretion to terminate your account, delete your profile, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. NOVA also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Warranty Disclaimer, Limitation of Liability, Severability and terms that by their nature may survive termination shall survive any termination.