Terms of Use

Effective Date: Jan 1, 2022

Novel Campaigns (“Novel Campaigns”, “we,” “us,” or “our”) provides its services to you and its users through its website located at www.novelcampaigns.com and through our API, plugins, applications, and related services (collectively, “Service”). The Service and its contents are subject to and may only be used in accordance with the Terms of Use. The Terms of Use is a binding agreement between you and us. You acknowledge that Terms of Use are subject to change at any time at our discretion. We will post the effective date of the change at the top of this page. You may also receive a notification of change through the user interface, by email, or through other reasonable mean(s) that we choose. Changes will become effective immediately, and your continued use of the Service will mean your acceptance of the new Terms of Use. Upon using the Service, you will be subject to additional terms that may be posted on the Service. For example, our Privacy Policy may be available at https://novelcampaigns.com/privacy. As applicable, contributors of Content to Novel Campaigns will also be subject to the Icon Additional Creator Terms and/or Photograph Additional Creator Terms, located or to be located at https://novelcampaigns.com/privacy.  All such additional terms are hereby incorporated by reference into the Terms of Use. You may contact us if you have any questions or concerns about the Terms of Use or the Service. Our contact information is provided at the end of this page.

Your use of and access to our Service are subject to the Terms of Use. The Terms of Use covers important information, including Service provided to you, and fees, charges, and taxes that we may bill you. The Terms of Use also includes information about future changes to these terms, automatic renewals, and limitations of liability. Except for certain types of disputes described in the arbitration section below, you further agree that disputes between you and us will be resolved by binding, individual arbitration instead of in court and that you waive your right to participate in a class-action lawsuit or class-wide arbitration. If you do not agree to all of the Terms of Use, you may not use or access the Service. 

ACCESS TO SERVICE

The Service may provide users access to a collection of icons, each such icon being “Icon”, and photographs, each such photograph being “Photo”, by designers and photographers, placed in the corresponding libraries on the Service. You may use the Service only by forming an agreement with us, and only in compliance with the Terms of Use. Your use must also comply with all applicable local, state, national, and international laws, rules and regulations. At our sole discretion, the Service may not be available to any users previously removed from the Service. To access and use certain features of the Service, you may be required to register with us and must provide and maintain true, accurate, current, and complete information about yourself as requested by us. Your registration data and information are governed by our Privacy Policy.

To register, you may be subject to and by registering you agree to the terms and conditions of LinkedIn API available at https://www.linkedin.com/legal/l/api-terms-of-use. Your registration data and information may be further governed by their privacy policy. To the extent applicable, all such additional terms are hereby incorporated by reference into the Terms of Use.

We do not knowingly collect or solicit personally identifiable information from children under the age of 16 years old because the Children’s Online Privacy Protection Act requires that we obtain parental consent before we knowingly collect such information online. If you are under 16 years of age, you are not authorized to use the Service. If you are under 18 years of age, you may use the Service only with your parent or guardian’s approval. Please contact us if you believe that a child under 16 years of age may have provided us personal information, at contact@novelcampaigns.com. If we learn we have collected such information, we will delete that information as quickly as possible. 

We may establish practices and limits concerning use of the Service, including, without limitation, the duration that data or other content will be retained by the Service and the storage space that will be allotted on our servers on your behalf. The Service may change, suspend or discontinue at any time without notice and liability. Limitations on certain features and services may be imposed or your access to parts or all of the Service may be restricted without notice and liability. We have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. We reserve the right to terminate accounts that are inactive for an extended duration determined by us and to change these practices and limits at any time, in our sole discretion, without notice.

USE OF SERVICE

You are responsible for your activities in connection with the Service. Any fraudulent, illegal, or otherwise inappropriate activity may be grounds for termination of your right to access or use the Service. You are not to post or transmit, or cause to be posted or transmitted, any communication made to obtain account or private information from any other user of the Service. Use of the Service to violate the security of any network, breach passwords, transfer or store illegal or inappropriate content, or engage in any illegal activities is prohibited. Also prohibited are running mail-list, listserv, any form of auto-responder, or spam on the Service, or any processes that run or are activated while you are not logged on to the Service, or that otherwise interfere with or place an unreasonable load on the Service. Further prohibited are the use of manual or automated software, devices, or other processes to crawl, scrape, or spider any portion of the Service. You agree not to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service. You agree that we shall have the sole right to decide whether you are in violation of any of the terms set forth in the Terms of Use, and we have the sole discretion regarding the action to take in connection therewith.

All materials displayed or performed on the Service may be protected by intellectual property laws. Such materials include, but are not limited to text, articles, photographs, images, graphics, and illustrations, also known as “Content,” and may include any information, materials, and content posted to the Service or otherwise made available by any user of the Service to us or in connection with the Service. You agree to abide by all intellectual property laws, including copyright notices, trademark rules, and restrictions contained in any Content accessed through the Service. For example, you shall not use, copy, reproduce, modify, publish, transmit, perform, upload, display, license, sub-license, assign, sell or otherwise transfer or distribute for any purposes whatsoever any portion of the Service, any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners and in strict accordance with the scope of such consent, and (ii) in any way that violates any third party right. With your use, you additionally agree not to engage in or use any data mining, robots, scraping, or similar data gathering/extraction methods. Any use of the Service or the Content other than as specifically authorized herein is strictly prohibited. 

The technology and software underlying the Service or distributed in connection therewith is our property and the property of our licensors, affiliates and/or our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code, sell, sublicense, or otherwise transfer any right in such technology or software. You further acknowledge that large-scale copying of Content is prohibited except as expressly authorized by us, and this applies to all Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to the copyright laws, international conventions, and/or other intellectual property laws. We reserve any rights not expressly granted herein.

You warrant, represent, and agree that you will not contribute any Content, including without limitation any Icon or Photo, or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity, or privacy, or other rights of any third party, including without limitation by misrepresenting or mischaracterizing the rights you actually hold in any Icon, Photo, or Content you upload to the Service; (ii) violates any law, statute, ordinance or regulation, or breaches any agreement to which you may be a party; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without our prior written consent; (v) impersonates any person or entity, including us; or (vi) contains a virus, worm, or other harmful computer code, file, or program. We reserve the right to remove or have our designee(s) remove any Content from the Service at any time, for any reason, at our sole discretion. For example, we will have the right to remove the Content upon receipt of claims or allegations from third parties or authorities relating to such Content, or if we are concerned that breach of the Terms of Use have occurred, or for no reason at all. We will not be responsible and you remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Service. By using our Service, you warrant that you possess all rights necessary to provide such Content to us and to grant us the rights to use such information in connection with the Service and as otherwise provided herein.

We will not be liable in any way for any Content or materials of any third parties, and its users, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You agree that we do not have a duty to pre-screen any Content, but that we have the right, but not the obligation, at our sole discretion to refuse or remove any Content that is available through the Service. As noted herein, we and our designee(s) will have the right to remove any Content that violates the Terms of Use, or at our discretion is deemed objectionable. You agree to evaluate and bear all risks associated with the use of any Content, including the accuracy, completeness, or usefulness of such Content.

OBTAINING CONTENT THROUGH SERVICE

You may use Icons or Photos in accordance to the applicable license provided by the user that made the Icon or Photo available to the Service. We reserve the right to change License Fees at any time without notice. The pricing and fee options are available at https://novelcampaigns.com.

You may use Icons pursuant to the applicable license for each Icon, and Icons may be available under one of the following licenses: (i) an Icon designated as Public Domain is free of known copyright restrictions (see also, https://creativecommons.org/publicdomain/mark/1.0/); (ii) an Icon available under Attribution License allows use of the Icon for free through the Service, provided that you attribute the Icon to its creator (see also, Creative Commons at https://creativecommons.org/licenses/by/3.0/); and (iii) if an Icon is provided under the Attribution License, you may pay a License Fee and use the Icon without providing attribution to its creator (see also, https://novelcampaigns.com.).

You may use Photos pursuant to the applicable license for each Photo, and Photos may be available under one of the following licenses: (i) a Photo designated as Public Domain is free of known copyright restrictions (see also, https://creativecommons.org/publicdomain/mark/1.0/; (ii) a Photo under Creative Commons License (CC BY-NC-ND 2.0) allows you to use the Photo for noncommercial purposes, without creating derivatives, provided that you attribute the photo to the photographer (see also, https://creativecommons.org/licenses/by-nc-nd/2.0/); and (iii) if a Photo is provided pursuant to the Creative Commons License, you may pay a License Fee and use the Photo without providing attribution (see also, https://novelcampaigns.com.).

You may purchase your rights to use a Photo: (a) under Royalty-Free Noncommercial License where you will receive a non-exclusive, non-sub-licensable, and royalty-free license to copy, reproduce, publish, display, distribute, and otherwise use such Photo, without providing attribution to the photographer, provided that (i) you do not print more than 100 copies of the Photo, (ii) you do not allow multi-seat use of the Photo or share it with your team, (iii) you use the Photo solely for Noncommercial Purposes, and (iv) you do not make derivative works of such Photo; or you may purchase (b) under Royalty-Free Limited Commercial License where you may use the Photo for Commercial Purposes, and create derivative works of the Photo, provided that (i) you do not print more than 250,000 copies of the Photo, and (ii) you do not allow multi-seat use of the Photo or share it with your team.

Photos labeled as Editorial Use Only indicate that others may have rights in how the Photos are used, for example, privacy or publicity rights. Editorial Use Only Photos may not be used for commercial purposes.

As used herein, “Noncommercial Purposes” means use that is not primarily intended for commercial sales/activity or monetary compensation, and expressly excludes Restricted Activities. “Commercial Purposes” means any commercial activity other than Restricted Activities. “Restricted Activities” means (i) any use that is competitive with Novel Campaigns; (ii) use in trademarks, trade names, or service marks or logos; (iii) use in advertisements; (iv) use in Wordpress themes, presentation templates, or other digital templates that will be re-distributed; (v) use on merchandises, such as shirts, mugs, and posters, where the primary value is the image; (vi) presenting or distributing the unaltered image as your own work; and (vii) with respect to any Photo including a Recognizable Individual, use in any Sensitive Material or otherwise in a manner that may depict such Recognizable Individual in a misleading, false, or negative narrative. “Recognizable Individual” means a person who is, or reasonably could be, identifiable through one or more characteristics visible in the applicable Photo or any content presented with such Photo, including but not limited to such person’s name, vocation, facial features, hairstyles or colors, tattoos, scars, disabilities, or other aspects of the person’s appearance, demeanor, or environment that, taken individually or together with other such characteristics, could be used to identify such individual. “Sensitive Material” means any material or use that a reasonable person could find offensive, including but not limited to, political or religious messages, pornographic materials, and materials depicting any chronic ailment, mental deficiency, substance abuse, financial destitution, income loss, or death.

We use Unsplash for our Service. You may be subject to, and by using you agree to the terms, conditions, and privacy policies of IconScout in addition to our Terms of Service. You can access Unsplash’s Terms of Use at https://unsplash.com/terms, their Privacy Policy at https://unsplash.com/privacy, and their License at https://unsplash.com/license. To the extent applicable, all such additional terms are hereby incorporated by reference into the Terms of Use.

THIRD-PARTY INTERACTION

The Service may contain links to third-party sites or services that we do not own or control. You may also access our Service by logging in through a third-party service. See also our Privacy Policy. Accessing any third-party service is done at your own risk. You also represent and warrant that you have read and agree to be bound by all applicable policies of any third-party service, including those relating to your use of the Service. In addition to your obligations under the Terms of Use, you agree to comply with the policies of any third-party service. We have no control over and assume no responsibility for information, content, and policies provided by any third-party service. We will not monitor, verify, or act on the content of any third-party service. Your using the Service means you will hold us harmless from any and all liability arising from your use of any third party service.

Your interactions with third parties through the Service, including payment and delivery of goods or services, and any terms associated with such dealings, are solely between you and such third parties. You are responsible for any due diligence you feel appropriate before proceeding with any interaction/transaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage resulting from your interaction/transaction with any of these third parties. You agree that we have no obligation to get involved if any dispute arises between participants or users of the Service, or between users and any third party. You also hereby release Novel Campaigns, its parents, subsidiaries, affiliates, officers, representatives, agents, employees, and successors from any claim/damage of any kind arising out of or in any way related to your dispute with one or more other users or third parties.

SOCIAL NETWORKING ASPECT

If available, you may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Instagram. You may need to authenticate, register for or log into social networking services on the sites of their respective providers to take advantage of integrating the social networking services with our Service. If such social networking services provide us with access to certain information about you, we will use, store, and disclose such information in accordance with our Privacy Policy. But we do not control, and the manner in which the social networking services use, store, and disclose your information is governed solely by the policies of such third parties. As such, you agree that we have no liability or responsibility for the practices of such third parties and any third-party site or service that may be enabled within the Service. You agree we are also not responsible for the accuracy, availability, or reliability of any information made available in connection with the third-party services. As such, we are not liable for any damage or loss caused by or in connection with your use of the third-party services. If enabled, these features are provided for your convenience only, and availability or interactivity does not imply our recommendation or endorsement.

COPYRIGHT DISPUTE

We have adopted the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of our designated agent to receive notification of claimed Infringement is provided at the end of this section. Our policy is to (1) block access to or remove content that we believe in good faith to be copyrighted material that has been illegally used by any of our advertisers, affiliates, content providers, members, or users; and (2) remove and discontinue service to repeat offenders.

If you believe that content accessible through the Service infringes a copyright, you may send our designated agent a notice with the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; (ii) identification of the content being infringed; (iii) identification of the content that is claimed to be infringing including the location information of the infringing content that the copyright owner seeks to have removed, with sufficient details so that we are capable of finding and verifying its existence; (iv) a statement that the notifying party has a good faith belief that the content identified is not authorized by the copyright owner, its agent, or the law; (v) a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner; and (vi) contact information about the notifying party including address, telephone number and email address. 

If a bona fide infringement notification is received, our policy is to remove or disable access to the content in question; notify the content provider, member, or user that such content was removed or access disabled; and those repeat offenders will have such content removed from the system and have their access to the Service terminated.

If the content provider, member or user believes that the removed content or to which access was disabled, is not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner or his/her agent, or, pursuant to the law, the content provider, member, or user must send a counter-notice to our designated agent containing the following information: (i) a physical or electronic signature of the content provider, member or user; (ii) identification of the content that was removed or to which access disabled, and the location of the content before it was removed or disabled; (iii) a statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake; (iv) a statement that such party consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which we are located, and that such party will accept service of process from the party who provided notification of the alleged infringement; and (v) the content provider’s, member’s or user’s name, address, telephone number, and email address.

If a counter-notice is received by the designated agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced or have access restored in 10 to 14 business days or more after forwarding the counter-notice, at our discretion.

Please contact our designated agent to receive notification of claimed infringement at the following address: contact@novelcampaigns.com

FEES AND PAYMENT

You can select a payment plan to the extent the Service or any portion thereof is made available for a fee (a “Paid Service”); see also https://novelcampaigns.com. for pricing options. Any payment terms presented to you in the process of using or signing up for a Paid Service shall be part of the Terms of Use. We may use a third-party payment processor, such as Stripe, Inc., to bill you through a payment account linked to your account on the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of Stripe, Inc. in addition to the Terms of Use. You can access Stripe’s terms of service at https://stripe.com/us/checkout/legal and https://stripe.com/legal, and their privacy policy at https://stripe.com/us/privacy. You agree to promptly update your account information with any changes. You hereby authorize us to bill your payment instrument in advance on a periodic basis per terms of the applicable payment plan until you terminate your account with us, and you further agree to pay any charges so incurred. If you dispute any charges, you must let us know in writing within sixty (60) days after the date that we charge you. If you pay a License fee to avoid attributing an Icon or Photo that has an attribution requirement, the License Fee will be charged to the credit card you provided to us through the Service. If we are unable to successfully complete such credit card transaction due to your error or omission, or if any amount of the License Fee is charged back to us, the waiver of attribution shall be void and you will be required to attribute the Icon or Photo to the uploader/author.

AUTOMATIC RENEWAL

Paid Service may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as agreed to by you. By choosing a recurring payment plan, you agree that such Service have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges, for example, monthly charges, without further authorization from you, until you provide prior written notice, receipt of which is confirmed by us, that you have terminated this authorization or wish to change your payment method. Such notices will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to your account settings.

Unless you opt-out of automatic renewal, which can be done through your account settings, any Paid Service you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Paid Service at any time, go to the account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through your account settings or terminate your account before the end of the recurring term. Paid Service cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, will not refund any fees that you have already paid.

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your payment method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, per usage, or as otherwise described when you initially selected to use the Paid Service.

Any fees paid by you hereunder are non-refundable. You will be responsible for withholding, filing, reporting, and paying all taxes, duties, and other governmental assessments associated with your activity/income in connection with the Service.

WARRANTY DISCLAIMER

The Icons, Photos, Content, Service, and products and services obtained through the Service are provided on an “As Is” basis. Any software is also provided on an “As Is” basis. No warranties of any kind are represented, either express or implied. For example, there is no implied warranties of merchantability, fitness for a particular purpose, or that use of the Service will be uninterrupted or error-free. The above limitation may not apply to users of some states that do not allow limitations on how long an implied warranty lasts. 

You agree that we have no control over, and no duty to take any action regarding who gains access to the Service. You also agree that we have no control over, and no duty to take action on what Content you access through the Service, how you may view or use the Content, how the Content may affect you, and how you may act as a result of accessing the Content. You further agree that the Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. As such, we make no warranties and representations about any Content accessed through the Service. For example, we make no warranties and representations regarding the accuracy of descriptions anywhere on the Service or regarding suggestions or recommendations of services or products offered through the Service, or for any Icons or Photos for which you have paid a License Fee. 

You agree that any products and services accessed or purchased, including the Content obtained through the Service, are provided “As Is” without any warranty of any kind from us. Therefore, you agree that we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of any Content accessed through the Service. Accordingly, you agree to release us from all liability for you having accessed or inability to access the Content through our Service.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You will indemnify and hold Novel Campaigns, its parents, subsidiaries, affiliates, officers, representatives, agents, employees, and successors harmless (including, without limitation, from all damages, liabilities, settlements, costs, and attorneys’ fees) from any claim or demand made by any third party due to or arising out of: (i) your violation of any term of the Terms of Use, including your breach of any of the representations and warranties above; (ii) your violation of any applicable law, rule or regulation; (iii)  your use of and access to the Service, including any data or content transmitted or received by you; (iv) your violation of any third-party right, including any right of privacy or intellectual property rights; or (v) any other party's access and use of the Service with your username, password or other appropriate security code.

To the extent allowed by law, in no event shall Novel Campaigns or its licensors or suppliers, or their respective officers, directors, agents, or employees be liable with respect to the Service, any Content or Icon or Photos, or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the fees paid by you for the Service and any products or services purchased through the Service during the 12-month period preceding the applicable claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Novel Campaigns’ reasonable control. Some of the above limitations and exclusions may not apply to you if you reside in the states that do not allow the exclusion or limitation of incidental damages.  

TERMINATION

You agree that Terms of Use remain in force while you use the Service. You have the right to terminate your use of the Service at any time. At any time, we also have the right to terminate or suspend all Services and access to the site and Service without notice or liability, if you breach any of the terms in the Terms of Use. Your right to use and access the site and Service will ease immediately upon termination of your account. Your rights to use any paid Service may continue until your subscription expires if you have not breached the Terms of Use, and your rights to any licenses purchased may continue according to their terms. All provisions of the Terms of Use, which, by their nature, should survive termination, shall survive termination, including, for example, ownership provisions, warranty disclaimers, and limitations of liability. Notwithstanding termination, any payment obligation incurred prior to termination will survive termination.

GOVERNING LAW AND ARBITRATION

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to the conflict of laws provisions. Any dispute arising from or relating to the subject matter of the Terms of Use shall be finally settled by arbitration in King County, Washington, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Both parties, for example, you and Novel Campaigns, waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. Both parties agree to instead have claims and disputes resolved by arbitration. In any litigation between the parties over whether to vacate or enforce an arbitration award, both parties waive all rights to a jury trial and elect instead to have the matter resolved by a judge. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of the Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Western District of Washington. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one user or party cannot be arbitrated or litigated jointly or consolidated with those of any other user or party. If this waiver of class or consolidated actions is deemed invalid or unenforceable, both parties are not entitled to arbitration and instead, all claims and disputes will be resolved in a court as set forth herein.

You have the right to opt-out of the provisions of this section, Governing Law and Arbitration, by sending written notice of your decision to opt-out to: contact@novelcampaigns.com, postmarked within thirty (30) days of first accepting the Terms of Use. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) an express statement that you want to opt-out of the arbitration agreement for the Terms of Use.  If you opt-out in accordance to the above and/or where the foregoing arbitration agreement permits either party to litigate any dispute arising out of or relating to the subject matter of the Terms of Use in court, then the foregoing arbitration agreement will not apply to either party, and both parties agree that any judicial proceeding, other than small claims actions, will be brought in the state or federal courts located in Seattle, Washington.

MISCELLANEOUS MATTERS

You agree there are no third-party beneficiaries intended under the Terms of Use. Your failure or our failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. You agree that we will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure, degradation, or interference. If any provision of the Terms of Use are found to be unenforceable or invalid, you agree to that provision being limited or eliminated so that the remaining Terms of Use are enforceable and in full force and effect. The Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate the Terms of Use and its rights and obligations without your consent. Both parties agree that the Terms of Use, including any terms incorporated by reference herein, via hyperlink or otherwise, are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Terms of Use. Both parties also agree that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind us in any respect whatsoever. Headings for the Terms of Use have been provided for convenience, do not have any legal meaning, and may not accurately reflect the content of the provisions therein. 

CONTACT

If you have any questions, complaints, or claims with respect to the Service, you may contact us at contact@novelcampaigns.com