Terms of Services

Preamble

Following are the General Terms and Conditions (the “Terms”) applicable to all users of the Novels9.com website, irrespective of whether you are an author, reader or otherwise use the Novels9.com website. Please also carefully read our Privacy Policy, which is incorporated into these terms by reference. It provides you with important information regarding the data we collect and how we process and use it.

If you upload a book or other work that can be purchased through Novels9, you will also have to enter into an author agreement. The author agreement will be entered into at the time you choose your various options regarding how and in what form your book will be published, either as an eBook, as a print-on-demand book or both.

You should read these Terms, the privacy policy and also the author agreement carefully, if you upload a book for sale. Please take your time reading and understanding these documents. It is important for you and Novels9 that there are no misunderstandings. For legal reasons, Novels9 must put certain conditions on our dealings with both users and authors and these conditions are contained in the Terms, the privacy policy and the author agreement. If you do not want to be bound by these Terms, you should not register or use the Novels9 website. The same applies if you are not in agreement with the privacy policy or the author agreement.

After completing your registration, the system will automatically confirm your registration by sending a confirmation e-mail to the e-mail address you specify during registration. This confirmation is created automatically and contains a link allowing you to activate your Novels9 account. We hope you will enjoy Novels9!

Having made the statements above, the clauses set out below apply:

General conditions

By creating a free account on this Site the Client automatically accepts this Agreement, ignorance of which doesn't exempt the Client from the amenability. The Client has a right to create one account only on the Site. In case of revealing multiple accounts which belong to the same Client they will be deleted without any notice.

Content and Copyrights

The books' files, which are under copyright protection, are NOT PUBLISHED on the website. We are not supporting the digital piracy. Our task is to acquaint the users with the world literature novelties and to retain copyright. The books' fragments on our website are added by users and we have no opportunity to control them constantly. If you consider that some fragments violate the author's right, contact us. If you want to publish a book on our website - contact us. We will be glad to cooperate. Email: Novels9@gmail.com

The User has full responsibility for any information, data, graphics, text and other Content which the User uploads, revises or communicates, publishes and/or makes otherwise available over or discloses via Novels9 to Third Parties. Novels9 neither controls such information, text, data, graphics and other Content nor does Novels9 adopt them as its own.

The User hereby expressly represents and warrants that the User has the right to upload and/or revise any Content uploaded and/or revised by the User and that such uploading and/or revision does not violate the rights of Third Parties.

Novels9 expects that all Users treat each other in a respectful and friendly way. To this end Novels9 has drafted the  Code of Conduct which all Users must comply with. In case a User violates the Novels9 Code, Novels9 has the right, at its sole discretion, to cancel such User’s account and terminate the relationship, including termination of the author agreement, if any. Such termination shall not require prior notice and shall result in the deletion of the User’s account as well as all Content uploaded by the User.

The User agrees not to use the Novels9 website or the Service to:

  • upload, post or otherwise transmit any Content that may, pursuant to the federal and state laws of the United States of America be considered unlawful, pornographic, obscene, threatening, harassing, tortious, defamatory, libelous, an invasion of privacy, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post or otherwise transmit any Content that may, pursuant to the federal and state laws of the United States of America be considered harmful to minors
  • disseminate “spam;”
  • interfere with the operation of the Novels9 website in any manner, including without limitation through the use of viruses, Trojan horses, worms or any other programs or technology designed to disrupt or damage software or hardware;
  • harvest e-mail addresses or other User information or to monitor the activity on the Site through any technological device, including without limitation the use of robots, crawlers and/or spiders; or
  • impersonate or spoof any other User or Third Party or any entity

In addition to complying with these Terms, Users shall assure that they will adhere to all local and national laws that pertain to their location.

The User agrees and acknowledges that any illegal uploading, revising, publication and/or communication of information, data, graphics and/or other Content in violation of these Terms may give rise to obligations of the User to pay damages or to other obligations of the User and may also constitute a criminal offence and/or other breach of the law.

If the User violates any of its obligations/duties arising from these Terms and/or other rights of Novels9, Novels9 reserves the right of enforcement against the User. This applies, in particular, in case eBooks which have been formatted by means of the web-application available on Novels9 or other information, graphics, data or other Content which has been processed or formatted by means of such web-application are used for industrial or commercial purposes or published on systems, servers or other media other than Novels9 or made available to Third Parties for industrial or commercial use or publication on systems, servers or other media other than Novels9, if such Content is used and/or published in the form/shape created by means of such web-application.

In case the User, in spite of a warning, repeatedly and/or continuously violates the Code of Conduct, Novels9 has the right to terminate the contractual relationship between Novels9 and the User with immediate effect. In this case, the termination of the contractual relationship can be effected by the deletion of the Account of the User and the Content uploaded on Novels9 by the User, without any further pre-announcement being required.

Users are hereby advised that the uploading of illegal and/or prohibited Content may expose the User to civil and criminal liability. The User hereby agrees to hold harmless and indemnify Novels9, its affiliates, undertakings affiliated with Novels9, the shareholders of Novels9, the managing directors and holders of commercial power of Novels9 and any other employees, agents, directors and/or shareholders of Novels9 against any and all claims and demands raised by Third Parties based on or in connection with Content which the User has uploaded, revised, made available to Third Parties and/or published on or via Novels9 or arising from any conduct or lack of conduct of a User, including without limitation reasonable attorneys fees, court costs and other expenditures incurred by Novels9 in the defense of any such claims.

If and to the extent that the User processes and/or revises Content which has been uploaded on Novels9, the User hereby explicitly warrants that the User has the right to process and/or revise such Content in the way processed and/or revised by the User. Moreover, the User hereby explicitly warrants that the processing and/or revision of Content does not result in such Content violating the rights of Third Parties and the User represents and warrants that such Content complies with the standards provided for in Section 10 below.

Users are solely responsible for creating backup copy of their Content on appropriate storage media.

By uploading Content, Users provide Novels9 with certain rights concerning such Content, including a worldwide, non-exclusive license to publish the Content on the Novels9 website and to publicize and distribute such Content in the format used by Novels9 to provide its Services. In particular but without limitation, Novels9 has the following rights:

  • to make copies of and store the Content in the form of digital books on one or more servers as well as to reformat, convert, encode and otherwise create derivative works of the Content for the purpose of producing digital books;
  • to display, perform, market, transmit and otherwise make available the Content or portions thereof on the Novels9 website for other Users or interested Third Parties;
  • to download, copy, print and or make the Content available online or offline, including for use on portable electronic devices;
  • to display any logos or graphics in the form provided by the User;
  • to use, duplicate, adopt for modification, as considered necessary by Novels9, any and all metadata provided by the User in connection with the uploading of Content;
  • to transmit, duplicate and otherwise use (or cause others to reformat, transmit, duplicate or otherwise use) digital books through technical means and processes for the purpose of enabling Novels9 to carry out any function it is entitled to pursuant to the foregoing described rights, including but not limited to caching of data in order to facilitate its display on any electronic device.

Except as provided for in any author agreement entered into between a User and Novels9, Users shall have no right to compensation for the use of Content uploaded by a User.

Any User who uploads any work of authorship (hereafter “Work”) created by the User to the Novels9 website has the opportunity, subject to availability, to also position such Work with Third Party partners of Novels9 who offer free publication services (such as, without limitation, “Google Books”). To the extent a User wishes to take advantage of such an opportunity by choosing such option on the Service, the following provisions apply:

  • Novels9 acts solely as a (technical) facilitator between the User and the Third Party partner so that the User can easily position the Work with the Third Party partner. The User is free to use or not use such opportunities. Users are free to position their Works with Third Party partners through the Novels9 website or by themselves directly.
  • Novels9 makes not warranty, express or implied, with respect to any services provided by Third Parties, even if such Third Party is a Third Party partner of Novels9.
  • Novels9 shall have no liability for any violations of the User’s rights (including without limitation copyrights) by or through the facilities of a Third Party partner or its agents.
  • The User grants to Novels9 the right to sublicense all rights Novels9 hold pursuant to Section 5.12 hereof or as otherwise provided for herein to any and all Third Party partners or Novels9. This right to sublicense shall include, without limitation, the right to authorize Third Party partners to post excerpts or Works on their respective websites.
  • Novels9 has the right, without prior notice, to cancel any Third Party partner arrangements and the ability to use the Novels9 website to position Works on Third Party partner websites.

Copyright Infringement Claims

Any party claiming that any content on the Novels9 website infringes their copyright may file a claim pursuant to the DMCA Notice procedure provided for on the Novels9 website.

Termination; Deletion of Content

The User may delete the User’s Account at any time. In such case, all data, graphics or other Content which has been uploaded on Novels9 by the User will be deleted.

Novels9 has the right to terminate the contractual relationship with the User with immediate effect by deleting, making invisible or blocking the Account of the User in case the User breaches her or his obligations arising from these Terms in a way rendering further use of Novels9 by the User unacceptable for Novels9 for any reason at the sole discretion of Novels9, if Novels9 considers that the further use of Novels9 by a User is not in the best interest of Novels9 or for any violation of these Terms or the Code of Conduct. All data, graphics or other Content which has been uploaded on Novels9 by the User will be deleted in such cases.

Novels9 has the right to block, delete and/or make invisible the Account of the User and the Content which has been uploaded and/or revised on Novels9 by the User as well as any declarations or other communication of the User in case Novels9 has unsuccessfully warned the User of any violation of these Terms and/or the Code of Conduct. In the event there is an unsuccessful warning (i) in case the User continues conduct which is contrary to the User’s obligations in spite of a warning, (ii) the User further breaches these Terms or the Code of Conduct and/or any other duties and obligations arising from these Terms and/or (iii) a situation which has been caused by the User and which is contrary to the User’s duties and obligations hereunder and/or otherwise illegal continues.

All warnings will be given via e-mail to the e-mail-address stated by the User at registration.

Regardless of the preceding sections Novels9 has, at any time, the right to cease operating Novels9 and/or the Novels9 website entirely or in part without prior notice. At the same time, the cessation is deemed to constitute the termination of the contractual relationship vis-à-vis the User by Novels9. Data, graphics or other Content which has been uploaded on Novels9 by the User will be deleted in such case.

Advertisements; Targeting; Newsletter

The User hereby explicitly approves that Novels9 may install or cause to be installed third-party advertisements on the profile-sites of the User and next to the eBooks created, set up, processed, and/or published by the User.

Novels9 mails electronic newsletters at regular intervals. Such newsletters may contain commercial advertisements. In case the User orders such newsletter, the User hereby approves and explicitly wishes that such newsletters are mailed to her or him in regular intervals. The User can cancel the newsletter at any time by using the electronic button provided for that purpose on Novels9.

The User agrees that Novels9 may, in accordance with and pursuant to the Novels9 Privacy Policy, processes and exploit the personal data of the User in order to submit to the User certain offers and/or commercial advertisements which are tailored to the personal interests of the User (“targeting”), unless the User has opted out of receiving such targeted offers and/or advertisements.

Novels9 and the administrators employed by Novels9 have the right to temporarily or permanently block, delete and/or make invisible Content which has been uploaded and/or revised by the User on Novels9 in violation of these Terms.

Novels9 has the right and explicitly reserves the right to review, block and/or delete communication, data or other Content which has been uploaded, revised, published and/or conveyed by the User on or via Novels9 on violation of these Terms or the Code of Conduct.

Novels9, the administrators employed by Novels9 and/or any third party employed by Novels9 for that purpose have the right to review and control at any time any Content which has been uploaded and/or revised on Novels9 by the User.

 

No Waiver; Severability

The failure of Novels9 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Changes and Amendments; Notice

Novels9 retains the right to change, amend or supplement these Terms at any time. In case Novels9 changes or supplements these Terms, notice thereof will be provided to Users via e-mail. The amended or supplemented version of the Terms shall apply from the date provided in such notification.

Other conditions

The Administration of the Site reserves the right to change, amend, and supplement this Agreement on an occasional basis. Administration shall undertake to notify you of all changes to the present Agreement. In the event that you disagree with any clause of the amended Agreement, you should terminate your registration on the Site immediately and refrain from using it. The Client should not use data received from the Site for any illegal purposes. The Site Administration shall not be held liable for the possible use of information received from the Site for any purposes prohibited by legislation or infringing copyright. The users are personally responsible for any unlawful or unauthorized use of any content of the Site.