Terms of use

Novalink Evolution Limited. or its affiliated companies and subsidiaries (collectively, "Novalink") operate this website ("Site"). This Site may provide you with access to a variety of web pages, documents, software, services, and other content ("Content").

By accessing or logging into the Site, you agree to these terms. Novalink may revise these terms at any time. Your continued use of the Site after any such revisions have been published constitutes your agreement to the revised terms. If you do not agree to these terms, do not use the Site.

Personal data collected when you access and use the Site will be processed by Novalink in accordance with the Novalink Privacy Statement. For more information on the types of personal data collected on the Site, how Novalink handles your personal data and other related topics, please see the Novalink Privacy Statement.

1. Novalink and Third Party Content
When using the Site, you may be able to access or download certain Content provided by Novalink ("Novalink Content"), or Content provided by third parties ("Third Party Content"). Content is governed by the license that accompanies it. By using or downloading any Content, you agree to the applicable license. It is your responsibility to ensure you have proper permission for your use of any Content. If you are unclear as to what license applies to any Content, it is recommended that you ask the author.

The Site, including the design, layout, look and feel, and Novalink Content, is copyrighted by Novalink and its licensors. To the extent the Site, portions of the Site, or Novalink Content does not designate a license, Novalink hereby grants you a copyright license to copy such material for your own personal or internal business purposes.

2. Your Content
Where applicable, you may be able upload or otherwise provide certain Content, such as software (source code, binary code, configuration files, etc.), documents or other material to the Site via your Account ("Your Content"). Except if specifically stated otherwise, Your Content is confidential and can't be made publicly available. You are responsible for keeping your own backups of Your Content. You represent that you have the right to provide Your Content to Novalink and its users.

It's your responsibility to make clear the license under which you are providing Your Content. You retain ownership of Your Content. By posting Your Content to the Site, you hereby grant to Novalink a non-exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, sublicense, adapt, modify, and publish Your Content, provided this license to Novalink does not supersede the terms of any open source license you may explicitly apply to Your Content.

If you close your Account, Your Content may remain accessible on the Site.

3. Account
Where applicable, you may register for an account on the Site (an "Account"). You must provide current, complete, and accurate information as required by the applicable account registration form. You must be over 18 years old to create an Account on the Site. Each Account is personal in nature and may only be used by you. Any activity completed through your Account will be deemed to have been completed by you. Where applicable, you may choose to create an Account by authenticating via an existing account you have with a third party, in which case the third party terms may apply to such action.

You are responsible for the security of your Account and you agree not to share your password or access to the Site with another person. Novalink is not liable for any loss or damage arising from your failure to keep your Account secure. You will notify Novalink immediately if your Account information is lost, stolen, or otherwise compromised. Novalink may suspend or deactivate your Account if Novalink determines that this step is needed (such as if your Account has been compromised or you have violated these terms).

4. Your Use of the Site
You will not use the Site in a way that violates any laws or these terms, infringes anyone's rights (including but not limited to intellectual property rights), is offensive, or interferes with the Site or its features. For example, you will not use the Site in a way or provide Content to the Site that:

a) infringes, misappropriates, or violates any third party or Novalink intellectual property rights;

b) is defamatory, libelous, threatening, harassing, harmful to minors, or pornographic;

c) contains hateful, abusive, obscene, or violent content;

d) attempts to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer, or database connected to the Site;

e) generates or facilitates sending unsolicited email or deploys any robot, spider, or site/search retrieval application;

f) contains or distributes any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data, or information;

g) attempts to or does mine or forge cryptocurrencies, enable illegal file sharing; or... h) restricts or inhibits any other user from using the Site by "hacking", "cracking", "spoofing", or defacing any portions of the Site.

You may not post promotional materials relating to website or online services which compete with Novalink or the Site, or post advertising or commercial solicitations unless explicitly agreed with Novalink.

If Novalink determines that you have acted illegally, in violation of these terms, or inappropriately, Novalink may terminate your Account, remove Your Content, prohibit you from using the Site, take appropriate legal actions, or take other action as Novalink deems appropriate.

The Site or portions of the Site may also be subject to other guidelines, such as a Code of Conduct. Non-compliance with such guidelines may result in the Site or the relevant functionality of the Site no longer being available to you or other consequences as described in such guidelines.

Novalink has the right, but not the obligation, to monitor the use of the Site, any Content, and any activity on the Site.

5. Feedback
You may provide ideas, suggestions, proposals, or other feedback to Novalink via the Site ("Feedback") . Novalink may use such Feedback for any purpose, including incorporating the Feedback into or using the Feedback to develop and improve Novalink products and other Novalink offerings without attribution or compensation to you. You grant Novalink a perpetual and irrevocable license to use all Feedback for any purpose. You agree to provide Feedback to Novalink only in compliance with applicable laws. You represent that you have the authority to provide the Feedback and that Feedback will not include confidential information.

6. Links and References to services
The Site may provide links to third party websites, products or services, which you may access or use at your own risk subject to any applicable third party terms. Novalink is not responsible for and has not endorsed such third party websites, products, or services.

The Site may refer to Novalink products or services that might not be available in your location. Please contact your local Novalink representative for more information.

7. Disclaimer of Warranties
EXCEPT AS EXPRESSLY AGREED OTHERWISE IN A SIGNED AGREEMENT BETWEEN YOU AND NOVALINK:

THE SITE, ANY CONTENT ON THE SITE, AND ANY SOFTWARE OR SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS" AND NOVALINK PROVIDES NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NOVALINK MAKES NO WARRANTIES THAT THE SITE WILL BE SECURE OR THAT ACCESS AND USE OF THE SITE WILL BE ERROR-FREE WITHOUT INTERRUPTIONS, CRASHES, OR DOWNTIME.

Novalink may change or discontinue part or all of the Site or any Content at any time.

8. Limitation of Liability & Indemnity
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SIGNED AGREEMENT BETWEEN YOU AND NOVALINK:

IN NO EVENT WILL NOVALINK BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER SUCH DAMAGES ARE ALLEGED AS A RESULT OF TORTIOUS CONDUCT OR BREACH OF CONTRACT OR OTHERWISE, EVEN IF NOVALINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE SITE, YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE, ANY CONTENT PROVIDED ON THE SITE, OR ANY SERVICES PROVIDED ON THE SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM LIABILITY OF NOVALINK IN AGGREGATE FOR ALL CLAIMS MADE AGAINST NOVALINK IN CONTRACT, TORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED $100.

THIS STATEMENT DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You will defend and indemnify Novalink from and against any and all damages, costs, losses and expenses (including reasonable attorney fees) incurred as a result of any claim, suit or proceeding brought against Novalink in relation to Your Content or as a result of any use or misuse of the Site by you.

9. Trademarks
The trademarks, logos, trade dress and service marks displayed on the Site are the property of Novalink or other third parties. Your use of any Novalink trademark must be in accordance with the applicable Novalink Trademark Guidelines and Policies or other applicable trademark guidelines....

10. Export Control
By accessing any software or technology available via this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the HongKong has embargoed exports of goods, services, or technology. You acknowledge that you understand the software and technology may be subject to the HK Export Administration Regulations (the "EAR") and other HongKong and foreign laws and may not be exported, re-exported or transferred (a) to any prohibited destination, (b) to any end user who has been prohibited from participating in HongKong export transactions by any federal agency of the HongKong government, or (c) for any end-use prohibited in accordance with Part 744 of the EAR.

11. Waiver, Severability, and Precedence
The failure of Novalink to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If any provision of these terms is held to be unenforceable, that provision will be modified so as to be enforceable, or if such modification is not possible, will be removed and the remaining provisions will remain in full force.

Some services or Novalink Content offered via the Site may be subject to additional or separate terms. If there is a conflict between these terms and such additional or separate terms, the latter will have precedence with respect to your access and use of that service or Novalink Content. Nothing in these terms is intended to limit your rights under an open source license.

12. Jurisdiction
These terms, and any claim, controversy, or dispute arising out of or related to these terms, are governed by and construed in accordance with the laws of the HongKong without giving effect to any conflicts of laws provision.

If one or more of the provisions contained in these terms are held invalid, illegal, or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

13. Copyright Notice and Takedown Process
Novalink and its affiliates respect the intellectual property of others. If you believe that content on the Site infringes your copyright, please provide the following information to the Novalink-designated copyright agent listed below:

A description of the copyrighted content that you claim has been infringed and description of the infringing activity, including where the content is located, such as an URL.
Your name, address, telephone number, and email address.
The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your electronic or physical signature.
If you believe that content on the Site was removed in error, please provide a counter notification to the Novalink-designated copyright agent listed below:

A description of the material that Novalink has removed or to which Novalink has disabled access.
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the HongKong in which your address is located, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Your electronic or physical signature.
Please send notifications of infringement and counter notifications to the Novalink-designated copyright agent at:
Vice President, Intellectual Property
Novalink, Inc.

FLAT/RM A 12/F ZJ 300 300
LOCKHART RD WAN CHAI
HONG KONG