Terms of Use

1. Your relationship with Novie

  1. Your use of the Novie website (the “Website”) and any Novie products, channels, software, data feeds and services, including the Novie embeddable video player (the “Novie Player”) provided to you on or from or through the Website by Novie (collectively the “Service”) is subject to the terms of a legal agreement between you and Novie. “Novie” means Novie LTD , whose principal place of business is at Dubai Internet City, Dubai, United Arab Emirates/
  2. Your legal agreement with Novie is made up of (A) the terms and conditions set out in this document, and (B) Novie’s Privacy Policy (https://www.noviemovies.com/privacypolicy) (collectively called the “Terms”).
  3. The Terms form a legally binding agreement between you and Novie in relation to your use of the Service. It is important that you take the time to read them carefully.
  4. The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

2. Accepting the Terms

  1. In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
  2. You can accept the Terms by simply using the Service. You understand and agree that Novie will treat your use of the Service as acceptance of the Terms from that point onwards.
  3. You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Novie, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
  4. You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

Novie reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at https://www.noviemovies.com/terms or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

4. Novie accounts

  1. In order to access some features of the Website or other elements of the Service, you will have to create a Novie account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Novie account password secure and confidential.
  2. You must notify Novie immediately of any breach of security or unauthorised use of your Novie account that you become aware of.
  3. You agree that you will be solely responsible (to Novie, and to others) for all activity that occurs under your Novie account.

5. General restrictions on use

  1. Novie hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
    • A. You agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Novie’s prior written authorisation, unless Novie makes available the means for such distribution through functionality offered by the Service (such as the Novie Player);
    • B. You agree not to alter or modify any part of the Website or any of the Service (including but not limited to the Novie Player and its related technologies);
    • C. You agree not to access Content through any technology or means other than the video playback pages of the Website itself, the Novie Player, or such other means as Novie may explicitly designate for this purpose;
    • D. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
    • E. you agree not to use the Service (including the Novie Player) for any of the following commercial uses unless you obtain Novie’s prior written approval:
      i. the sale of access to the Service
      ii. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
      iii. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Novie appears on the same page and is of sufficient value to be the basis for such sales
    • F. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Novie servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
    • G. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Novie account names);
    • H. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
    • I. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and
    • J. you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by YouTube or Vimeo via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
    • K. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or Vimeo or the respective licensors of the Content.
    • L. You shall not harass or cyber-bully other users in the blog service the website provides.
    • M. You shall not Spam, Mislead, or Scam users on the site.
    • N. You must respect copyright.
    • O. You must not impersonate anyone else when uploading videos, or commenting on the blog.
  2. You agree that you will comply with all of the other provisions of the Terms and the Novie Community Guidelines at all times during your use of the Service.
  3. Novie grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Novie reserves the right to revoke these exceptions either generally or in specific cases.
  4. Novie is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Novie provides may change from time to time without prior notice to you.
  5. As part of this continuing innovation, you acknowledge and agree that Novie may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Novie sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Novie when you stop using the Service.
  6. You agree that you are solely responsible for (and that Novie has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Novie may suffer) of any such breach.

6. Copyright policy

  1. Novie operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
  2. As part of Novie’s copyright policy, Novie will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

7. Content

  1. As a Novie account holder you may submit Content. You understand that whether or not Content is published, Novie does not guarantee any confidentiality with respect to Content.
  2. You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Novie and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
  3. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Novie does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Novie expressly disclaims any and all liability in connection with Content.
  4. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Novie to use your Content for the purposes of the provision of the Service by Novie, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
  5. You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the Novie Community Guidelines.
  6. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Novie to use or possess in connection with the provision of the Service.
  7. You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Novie the licence referred to in paragraph 8.1 below.
  8. On becoming aware of any potential violation of these Terms, Novie reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
  9. You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Novie with respect to any such Content.

8. Rights you licence

  1. When you upload or post Content to Novie, you grant:
    • A. to Novie, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Novie’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
    • B. to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
  2. The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.

9. Novie content on the Website

With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Novie, and is subject to copyright, trade mark rights, and other intellectual property rights of Novie. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Novie.

10. Ending your relationship with Novie

  1. The Terms will continue to apply until terminated by either you or Novie as set out below.
  2. If you want to terminate your legal agreement with Novie, you may do so by (a) notifying Novie at any time and (b) closing your Novie account. Your notice should be sent, in writing, to Novie’s email which can be found in the website.
  3. Novie may at any time terminate its legal agreement with you if:
    • A. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
    • B. Novie is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  4. Novie may terminate its legal agreement with you if:
    • A. Novie is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
    • B. the provision of the Service to you by Novie is, in Novie’s opinion, no longer commercially viable
      and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
  5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Novie have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

11. General legal terms

  1. The Terms constitute the whole legal agreement between you and Novie and govern your use of the Service and completely replace any prior agreements between you and Novie in relation to the Service.
  2. You agree that Novie may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
  3. You agree that if Novie does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Novie has the benefit of under any applicable law), this will not be taken to be a formal waiver of Novie’s rights and that those rights or remedies will still be available to Novie.
  4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

12. Third-Party Content

In addition to the User Content, Novie may provide other third-party content on the Novie Services (collectively, the “Third-Party Content”). Novie does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third-Party Content, update, or monitor it. Therefore we are not responsible for any Third-Party Content on the Novie Services.

You are responsible for deciding if you want to access or use third-party websites or applications that link from the Novie Services (the “Reference Sites”). Novie does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Novie Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

Novie Affiliate Agreement

This Novie Affiliate Agreement (“Agreement”) contains the terms and conditions that govern your participation in the Novie Affiliate Program (“Program”), which is operated by Novie and its affiliates (collectively, “we”, “us”, “our” or “Novie”). Any person or entity that participates or attempts to participate in the Program (such person or entity, “you”, or an “Affiliate”) must accept this Agreement without change.

By registering for the Program, you have agreed to the terms and conditions of this Agreement, without change and have entered into a legal contract between you and Novie; provided, however, that this Agreement shall not be effective until we determine that you are eligible to participate in the Program as further described in Section 2. Novie Terms of Use (the “Terms of Use ”) separately govern your use of the Novie Service. To the extent there is any conflict between this Agreement and the Terms of Service, this Agreement will take precedence. All capitalized terms not defined in this Agreement have the respective meanings set forth in the Terms of Service.

1. Description of the Program. The Program permits you to monetize the  exhibition of your User Content through the products, services or programs described herein.

2. Eligibility and Compliance.

2.1. General Eligibility. As part of the enrollment process into the Program, you must submit a complete and accurate Program application (including all forms, documents, or certifications as may be required to satisfy any tax obligations with respect to payments under this Agreement). If you are an individual, you must be at least 13 years of age. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only participate in the Program under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. We will evaluate your application and notify you of its acceptance or rejection. We will determine your eligibility at our sole discretion.

If we (a) reject your application or (b) terminate your account in connection with any violation or abuse, including, but not limited to any violations of the Terms of Service and the Community Guidelines, you cannot attempt to re-join the Program without our advance written authorization.

2.2. Compliance Requirements. You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your Novie account, is at all times complete, accurate, and up-to-date. You must comply with this Agreement, the Terms of Use , and the Community Guidelines, each as updated from time to time, in order to participate in the Program and to receive Program Fees (as defined below). Please read them carefully. You must promptly provide us with information that we request to verify your compliance with this Agreement.

2.3. Violations. If you violate this Agreement, or the Terms of Service, in addition to any other rights or remedies available to us, we reserve the right to withhold (and you agree you will not be eligible to receive) Program Fees otherwise payable to you under this Agreement, whether or not directly related to such violation.

3. Program Fees. You may be eligible to receive the following fees under this Agreement as part of the Program (collectively, the “Program Fees”): 

There are no program Fees apart from Novie’s 15%  commission on all donations.

4. Payments.
4.1. Payment Terms
. Program Fees payable by Novie to you will be paid to you on a monthly basis, within forty-five (45) days after the end of each calendar month, in United States Dollars, less (a) billing and payment costs (which may include monthly and pre-transaction processing charges and merchant bank fees); and (b) returns, refunds, chargebacks, discounts and credits; provided that you have timely delivered to Novie all documentation necessary and appropriate to effectuate payment. We will pay you any Program Fees in a payment method that you choose from the payment options that we will make available for the Program. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information through the Novie Service. Any changes to your contact and payment information will not be effective until at least seven days after submission to us. Novie will not be obligated to make a payment if the total amount to be paid to you under this Agreement is less than $50 (the “Payment Threshold”), and may instead accrue such payment obligation until such time as its overall obligation to you is at least the Payment Threshold. If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under this Agreement.

4.2. Reporting. We will provide you with access to our dashboard which will provide data relating to Program Fees (“Reporting Data”). You acknowledge and agree that all Reporting Data is and will at all times be exclusively owned by us and will remain our confidential information.

4.3. Taxes. You may charge and we will pay applicable national, state or local sales or use taxes or value added taxes that you are legally obligated to charge (“Taxes”), provided that such Taxes are stated on the original invoice that you provide to us and your invoices state such Taxes separately and meet the requirements for a valid tax invoice. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such payment under this Agreement. Throughout your participation in the Program, you will provide us with any forms, documents, or certifications as may be required for us to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.

5. License. Other than as set out expressly herein or in the Terms of Service, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.

6. Data Privacy. You agree that our Privacy Policy (as may be updated from time to time) governs how we collect, use, and disclose your personal information. You acknowledge and agree that the information associated with any purchases through the Novie Service or any uses of any Novie Service belongs to Novie.

7. Representations and Warranties. You represent, warrant, and covenant that (a) you are at least 13 years of age and have not been previously removed from or prohibited from receiving the Novie Services, (b) you will participate in the Program in accordance with this Agreement, (c) your participation in the Program will not violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, industry standards, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications and marketing), (d) you have the full corporate right, power and authority to enter into this Agreement and to perform the acts required hereunder; (e) your execution of this Agreement, and your performance of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound; and (f) the information you provide in connection with the Program is accurate and complete at all times. You can update your information by contacting us through the Novie Service.

We do not make any representation, warranty, or covenant regarding the amount of Program Fees you can expect at any time in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.

8. Novie Service Customers. Our customers are not, by virtue of your participation in the Program, your customers. As between you and us, all pricing, terms of sale, rules, policies and operating procedures concerning customer orders, customer service and product sales set forth on the Novie Service will apply to those customers, and we may change them at any time. 

9. Term and Termination. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. We may withhold accrued unpaid Program Fees for a reasonable period of time following termination to ensure that the correct amount is paid (e.g., to account for any cancelations or returns). Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 8 and 11-17 will survive the termination of this Agreement. If you terminate the Agreement and your earned balance equals or exceeds the Payment Threshold, we will pay you your earned balance within approximately 45 days after the end of the calendar month in which the Agreement is terminated, pursuant to Section 4.1. Any earned balance below the Payment Threshold will be paid to you upon request. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.

10. Modifications. Novie reserves the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time (for example to reflect updates to the Novie Service or to reflect changes in the law). If Novie changes this Agreement, we will provide you notice of these changes, such as by sending an email, posting a notice on the Novie Service or updating the “Last Updated” date above. Please check this Agreement periodically for those changes. Modifications may include, for example, changes to the Program Fees, Program eligibility, payment procedures, and other Program requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

11. Indemnification. You hereby release and agree to defend, hold harmless, and indemnify us, and/or our subsidiaries, affiliates, directors, officers, employees, agents, successors and assigns from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense and any other liability (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification), arising from or related to: (a) any act or omission by you, including, without limitation any breach of this Agreement (including your representations and warranties in Section 7 above) or allegation or claim of negligence, strict liability, willful misconduct or fraud of you; or (b) your access to or use of the Program.

12. Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

13. Relationship of Parties. You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, or enter into any agreement or incur any liability on behalf of us.

Payment Method and Terms

We accept payment through major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our site (“Payment Methods”). You are subject to all terms and conditions of the Payment Method you choose. By submitting an order through the Novie Services, you represent and warrant that you are authorized to use the designated Payment Method and authorize Novie, or its designated payment processor, to charge the Payment Method you specify for the purchase amount, including all taxes and fees. All payments are to be made in United States Dollars, except where other currencies are offered via the Payment Methods made available by Novie.

Donations:

By donating to a filmmaker; whether anonymously or not, you are accepting these conditions:

-Novie will retain 15% of all donations

-In case of Cancellation. Donations must be requested to be cancelled within 30 Days after the Donation Date.

-You are agreeing to give money voluntarily to Novie and its Affiliates for nothing in return.

 

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