Updated and Executed: January 4, 2022
1. Your Relationship with Us
Welcome to Buenovela. Buenovela is an online reading platform offering literary works and other reading materials (the "Platform","Buenovela"). The Platform operated by Singapore New Reading Technology PTE. LTD, its subsidiaries, parents and/or affiliates (collectively, "we", "us", or "our"). These terms of services("Terms"), together with all documents referred to herein and all other operating rules, policies and procedures that Buenovela may publish from time to time, govern Buenovela’s relationship with users (“user(s)”, “you”, “your”) of the Buenovela platform located at the website www.buenovela.com, including all sub-domains and associated websites (collectively, the “Website”), the Buenovela mobile application(s), including iPhone and Android mobile applications (“Apps”), any and all other platforms on which content is accessed, published, or distributed, and all associated services, features, or content made available through any of the foregoing (“Services”, “Service Content”). The Terms constitute a legally binding agreement between you and us. Please Read them carefully.
2. Accepting these Terms
2.1 By accessing, or using our Services, you confirm that you have read, understood, and agreed to these Terms, and you can form a binding contract with us. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.
2.2 Buenovela may add to, change, or remove any part of the terms at any time. Any changes to this Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Buenovela may add, change, discontinue, remove, or suspend any other Content posted on this Site, including Works described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
3. Your Eligibility
You must be at least 13 years of age (this age limit may be higher in some jurisdictions) to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Platform follows all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. If we learn someone under 13 or does not have the said eligibility is using Buenovela Services, we'll terminate their account.
4. Registration and Accounts
4.1 In order to use the Platform, you are required to register for a Buenovela account (an "Account"). You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.
4.2 Your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Buenovela, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
4.3 You can delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.
4.4 You may register for and login to Buenovela using login functionalities provided by third-party platforms, such as Google and Apple. In addition to the Terms, you agree to comply with the relevant third-party platform’s terms of service applicable to your use of such functionalities.
4.5 We reserve the right to disable, suspend, or terminate your Account in our sole discretion, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, our Privacy Policy, or any other policies.
5. Your Access to and Use of Our Services
5.1 Usage Mode
(a) Unless otherwise agreed with us, you agree that the Service is for your personal, non-commercial use only.
(b) You shall use the Service in a manner provided or approved by us. Your rights under the terms of this Agreement are non-transferable.
(c) You shall not use plug-ins, or third-party tools which are not authorized by us to disturb, destroy, modify, or otherwise affect the services hereunder.
5.2 Breach of the above provisions shall be deemed as your material breach.
6. Your Equipment
6.1 You should understand that if you use the Services, you need to prepare terminal equipment (such as computer, modem, and other devices) related to the Services by yourself, and bear the necessary expenses (such as telephone charges, Internet charges and other fees).
6.2 You should understand and agree that your use of the Services will consume your terminal devices, bandwidth, and other resources.
7. Subscription
7.1 Free Tier
The Services may be provided free-of-charge (i.e., without requiring a paid subscription). In such circumstance, you agree to us providing advertising and other information to you. We reserve the right to suspend, modify and terminate any Services provided free-of-charge at any time at our sole and absolute discretion.
7.2 Paid Subscription
Your membership is for a pre-determined duration as agreed when you subscribe. Depending on your selection, it may thereafter automatically renew on a month-to-month basis until terminated. You must have a device that supports the Platform and internet access in order to view the Service Content. You will also need to provide a current, valid, accepted method of payment (which may be updated from time to time). If you select the automatic renewal option, in order to avoid further billing of charges for the Services, you must cancel your membership at least 24 hours prior to the commencement of the relevant renewal period. Subscription plans may be offered by us directly. Please be aware that different subscription plans may have additional terms, such as special offers, and these are disclosed to you upon sign-up or through other communications.
7.3 Billing
The subscription fee for the Service and any other charges incurred (such as taxes and transaction fees) will be charged on a one-time basis, or on a monthly basis (if you select the automatic renewal option) to your selected payment method on the calendar day that corresponds to the date you commenced paying for the Service (or such other date, if that date has changed due to declined method of payment or other reason). We will authorize your payment method in anticipation of future subscription charges once you have subscribed. Your balance or credit limit will be adjusted accordingly to reflect the authorized amount.
7.4 Payment
The valid, permitted payment methods are in your Account Page. You may update your payment method from time to time. You authorize us to continue charging the selected payment method. If your primary payment method is declined you authorize us to charge any amounts owed to any other methods of payment you have connected to your account. You remain responsible for any uncollected charges. We may suspend your account if your method of payment is declined and will reactivate such service once you have settled the outstanding amount. Please note that certain payment methods may attract additional charges (such as exchange fees or processing fees). You are solely responsible for payment of such charges.
7.5Cancellation
You can cancel your subscription to the Services at any time. You will have access to the Services until the date your paid-up subscription ceases. We do not issue partial refunds or credits for termination of Services mid-billing cycle. If you have signed up for the Services via a third party, you may need to terminate through that third party (for example, if you have subscribed through an in-app store payment method). The method of terminating your service varies by provider, such as switching off “Auto – renew” in your third-party account settings.
7.6Charges
We may change the plans we offer for subscribing to the Services, or adjust the pricing of the same, at any time and in any manner we determine. Any changes to charges or your subscription, including notifications of the same, will take effect in accordance with these Terms.
7.7Refunds
Except as specifically provided for in these Terms, payments are non-refundable. However, if you unsubscribe from the Services, you will have access to the Services until the end of your billing cycle. We may from time to time, at our sole and absolute discretion, elect to offer you or any other subscriber a refund, discount, or other credit in relation to the Services.
7.8Promotions
In addition to these Terms, a Promotion made available by Buenovela through the Platform, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. Buenovela urges you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict of the language with a given Promotion.
8.Content
8.1 As between you and the Platform, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "Service Content"), are either owned or licensed by Buenovela. Use of the Service Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
8.2 Subject to your full compliance with the Terms and to the extent we are lawfully able to grant such rights, Buenovela grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely for the purposes of accessing Works, using the Platform, and for other purposes expressly stated herein.
8.3For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with Buenovela or our Licensors.
9.Comments on Platform
9.1Buenovela welcomes your interaction on the Platform, and you may be able to submit materials to Buenovela which are not Content. By submitting any comments or feedback (together, a “Comment” or “Comments”) through the Platform or otherwise, such as emailing Buenovela about the Platform, posting on a message board, or reviewing a Work, Buenovela will be free to use the Comment for any purpose, in all media, in perpetuity, without owing any obligation or liability to you whatsoever. If you wish to keep a Comment private or proprietary, please do not transmit any Comment to Buenovela or share any Comment with others.
9.2Comments must not include or embody, in whole or part, (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) any other Buenovela policies or guidelines to which your User Content is subject; (d) cause Buenovela to violate any law or regulation.
9.3Comments found to be in violation of any of the above may subject you to the termination or suspension of your Account or the immediate removal of the Comments from the Platform, without notice to you, in our sole discretion.
10. Products or Services Provided by The Third Parties
10.1When you use products or services provided by a third party on the Platform, you shall abide by this agreement and the user agreement of the third party. Buenovela and the third party bear their respective responsibilities to the possible disputes in the legal scope thereof.
10.2The Platform may contain links or embedded material to third party content, which Buenovela has not reviewed, including, without limitation, other websites and third-party services, for the convenience of visitors, advertising purposes, or for other similar functions related to Buenovela’s Services. Buenovela linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. Buenovela is not responsible for any third-party content linked or embedded to or from the Platform and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third-party website, or the quality of products of services provided by or advertised on such third-party website.
11.Restricted User Conduct
11.1Except and solely to the extent such a restriction is impermissible under applicable law, you may not:
(a) reproduce, distribute, publicly display, or publicly perform the Service;or
(b) make modifications to the Service; or
(c) interfere with or circumvent any feature of the Service, including any security or access control mechanism.
If you are prohibited under applicable law from using the Service, you may not use it.
11.2You will not alter or modify the Platform in any way nor use other technology or means to access the Platform except for the means authorized by Buenovela, including, without limitation, using no bots, spiders, or other automated means of accessing the Platform.
12. Software in the Services
12.1 Buenovela hereby grants you a personal revocable, limited, non-transferable and non-exclusive license to download software that you may need to use the Service. You may use the software only for non-commercial access to or use of the Services.
12.2 In order to improve user experience, ensure the security of the Services and consistency of product functions, Buenovela may update the software at any time. You should update the relevant software to the latest version, otherwise Buenovela does not guarantee that it can be used normally.
13.Disclaimers
13.1The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.
13.2Buenovela makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use if the Platform or the download or use of that material or content.
13.3Buenovela does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future chapters of an e-book are posted by a author or publisher in a timely manner, that e-books will remain available on the Platform, or the pricing of Works or Services.
13.4Buenovela assume no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.
13.5You understand and agree that Buenovela is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.
14. Compliance with Legal Supervision
14.1 When using the Services, you shall abide by relevant laws and regulations, and respect local morals and customs. If your behavior violates laws and regulations or moral customs, you should bear the responsibility for it independently.
14.2You should avoid involving Buenovela in political and public events by using the Services, otherwise Buenovela reserves the right to suspend or terminate the any or all Services to you.
15. Violations of Laws and Breach
15.1 When using the Service, you shall abide by laws and regulations and provisions hereof, and shall not use the Services to engage in illegal activities or acts in violation of provisions hereof, including but not limited to:
(a) Publish, transmit, disseminate, or store contents or materials that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable;
(b) Publish, transmit, disseminate, or store contents or materials that infringes upon others' intellectual property rights, trade secrets and other lawful rights;
(c) Maliciously fabricate facts, conceal the truth to mislead, deceive others;
(d) Publish, transmit, and disseminate advertising information and spam information;
(e) Commercial use of the contents or materials provided by the Platform;
(f) Other conducts that violates any applicable federal, provincial, local, or international law or provisions hereof.
15.2 If you violate the provisions of this Article, the relevant national authorities or institutions may file a lawsuit against you, impose a fine or take other sanctions against you, and require Buenovela to assist. you shall compensate for the cased damages according to law, Buenovela does not assume any responsibility.
15.3 If Buenovela finds or receives reports from others that the information you post violates this provision, Buenovela shall be entitled to make independent judgment and take technical measures to delete, block or disconnect the link. At the same time, Buenovela shall have the right to take measures including but not limited to suspending or terminating the Services, limiting, freezing or terminating the use of your account, without refunding the fees you have paid, or seeking legal liability based on the nature of the user's behavior.
16.Limitation of Liability
16.1Notwithstanding anything to the contrary contained herein, Buenovela shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Buenovela has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel Buenovela has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.
16.2Notwithstanding anything to the contrary herein, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, Buenovela’s agreement liability arising out of breach of this Terms and/or your use of the Platform will not exceed, in the agreement amount for all claims, five hundred dollars ($500.00 USD).
17.Indemnification
17.1You are responsible for your use of the Platform, and you will defend and indemnify Buenovela and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Buenovela Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
(a) your access to, use of, or alleged use of, the Platform;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(d) any dispute or issue between you and any third party.
17.2Buenovela reserves the right to take over the exclusive defense of Claims for which Buenovela is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to Buenovela at your own expense.
17.3Buenovela reserves the right to suspend or terminate the Services, and/or terminate the service agreement and legal relationship between the parties without refunding the fees you have paid.
18.Infringement of Intellectual Property Rights
18.1Buenovela respects the intellectual property rights of others and desires to offer a Platform that contains no material that violates the intellectual property rights of others. If you believe in good faith that your intellectual property rights have been infringed through use on the Platform, you may notify us by email at: contact@buenovela.com with “Notice of Infringement” in the subject line, which contains: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest; A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed; A description specifying the location on the Platform of the material that you claim is infringing; Your email address and your mailing address and/or telephone number; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.
18.2If you believe that a notice of intellectual property infringement has been improperly submitted against you, you may submit a “Counter-Notice of Infringement” to Buenovela, which contains: Your physical or electronic signature; Identification of the material removed or to which access has been disabled; A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the court (a) in the judicial district where your address is located if the address is in Singapore, or (b) located in Singapore, if your address is located outside Singapore, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
18.3Any notice or counter-notice you submit pursuant to the foregoing must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. Notwithstanding anything to the contrary stated herein, please note that whether Buenovela disables access to or removes any materials pursuant to the foregoing or not, Buenovela may disclose your identity to any third party who has alleged a violation of intellectual property rights hereunder, or supplied us with a counter-notice, as well as disclose the contents of any notice of counter-notice. You acknowledge and agree that any disclosures by us pursuant to the foregoing shall not violate any of your rights, including, without limitation, any rights of privacy that you may have.
19. Effect and Modification
19.1 If you use the Services, you shall be deemed to have read and be bound by this Agreement.
19.2 We reserves the right to modify the terms of this Agreement if necessary. You can view the terms and conditions of the latest version on the related service page.
19.3 If you continue to use the software or Services provided by us after the terms of this Agreement are changed, you shall be deemed to have accepted the revised Agreement. If you do not accept the revised agreement, you should stop using our software and Services.
20.Choice of Law and Dispute Resolution
20.1You consent and agree that the Terms will be exclusively governed by the laws of Singapore applicable to contracts entered and performed within Singapore and notwithstanding any conflict of law principles.
20.2You and Buenovela agree that any dispute, claim, or controversy between you and Buenovela arising in connection with or relating in any way to these Terms or to your relationship with Buenovela (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration. Any arbitration between you and Buenovela will be resolved by binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the Administrative Arbitration Rules of the Singapore International Arbitration Centre in force when the notice of arbitration is submitted.
20.3 No matter the provisions of this Agreement are partially invalid or unenforceable for any reason, the remaining provisions shall remain valid and binding on both parties.
21. Privacy Policy
21.1 Protecting users' personal information is a basic principle of Buenovela. You may need to fill in some necessary information when registering for an account or using the Services on the Platform. Please read our Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. Our Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
21.2 Please refer to our Privacy Policy. If there is any inconsistency between this Agreement and our Privacy Policy, this Agreement shall apply. If no provisions of our Privacy Policy are stipulated in this Agreement, the provisions of our Privacy Policy shall prevail.
22.Miscellaneous
22.1Notices
All legal notices pursuant to the Terms shall be in writing and shall be given by email to Buenovela at: contact@buenovela.com. By using the Platform, you agree that any notice due under the Terms that Buenovela sends you electronically will satisfy any legal communication or notification. You agree to keep all your contact information contained in your Account up to date, and we are not responsible in the event you fail to keep your Account or contact information up to date.
22.2Contact Information
The Platform is operating by Singapore New Reading Technology PTE. LTD., located at 2 VENTURE DRIVE #11-31 VISION EXCHANGE SINGAPORE (608526). You may contact us by sending correspondence to that address or by emailing us at contact@buenovela.com.