Terms & Conditions
1. Acceptance
Welcome to the Novamorph. These Terms of Use are a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and www.novamorph.com (“Website” or “Site”) owned and operated by NovaMorph LLC (“NovaMorph”, “Company”, “We”, “Us”, or “Our”). These Terms of Use along with the Privacy Policy (collectively referred to as “Terms” or “Agreement”) govern your use of the website. Please carefully read these Terms before accessing our Website and do not access our Website if you do not agree with the provisions of
this Agreement.
BY CONTINUING TO USE THE SERVICES YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND YOU AGREE TO BE BOUND BY THEM.
2. Eligibility
Our Website is not targeted at users under the age of eighteen years. If you are under the age of eighteen years, you must not access our website and you shall not provide any personal information to us through our website including your name or
email address. Where you are entering into this Agreement on behalf of an entity, you represent and warrant to the Company that you are at least eighteen (18) years of age, you have
the authority to act on behalf of that entity and to bind that entity to this Agreement.
You also represent and warrant to the Company that you as well as all your authorized users will use the Website in a manner consistent with all applicable laws and regulations and in compliance with this Agreement.
3. Amendments
The Company reserves the right to amend any provision of this Agreement as well as the right to discontinue the Website. Where we make any amendments to these Terms, we will notify you by updating the last updated date on the top. Please review these Terms every time you visit our Site.
4. Information Disclaimer
ALL INFORMATION/CONTENT AVAILABLE ON OUR WEBSITE IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY. THE COMPANY MAKES NO CLAIMS OR REPRESENTATION AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF OUR WEBSITE AND/OR SERVICES. ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE SITE IS ACCURATE AND UP TO DATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION.
ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
5. User Conduct
You agree that you will never:
● Use the website for any illegal or immoral purposes;
● Post any content on the Website that may be potentially or actually harmful to the Company or any User;
● Post any content or information that is false, inaccurate, misleading or deceptive in nature;
● Infringe any User’s or third party’s copyright, patent, trademark, trade secret or other proprietary rights;
● Engage in any activity that violate applicable laws or regulation;
● Post any content on the Website that may be deemed defamatory, libelous, threatening to any group or individual;
● Post any content on our website that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
● Download videos or any other proprietary content from our Website without the express written consent from an authorized Company representative;
● Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Website;
6. Intellectual Property
Unless expressly stated otherwise, all content made available by the Company including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the local and international laws and conventions. You agree not to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble,
decompile, reverse engineer or distribute any Company Content in any way except as stated in this Agreement. You may not adapt, alter or create any form of derivative work from any Company Content without the prior written permission of the
Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content.
The names of Companies, trademarks, services whenever used or made available by the Company on its website remain the intellectual property of their respective owners. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited. Any rights not expressly granted in this Agreement are reserved.
We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content and this website for your personal and noncommercial use only.
The Company reserve the right to prosecute any violations of this provision. You acknowledge that breach of this provision can incur criminal as well as civil liability.
7. User Content
User Content refers to any and all content uploaded, posted or shared by a User in any public areas of the Website or on Company’s social media pages on third-party platforms. Public Areas include any blog posts, articles, review pages on the Website. User Content includes but is not limited to any questions and comments posted by Users on the Website. By posting, submitting or contributing text, images and other similar content through the Website or on our Social Media pages, you
represent and warrant to us that you have the requisite intellectual property rights and authority to post the content on the Website and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any
third-party.
We do not claim ownership of any User Content, however by posting, sharing or contributing User Content through the Website and our social media pages, you expressly grant us irrevocable, royalty-free and fully paid, non-exclusive, worldwide
license to use, distribute, reproduce, modify, adapt, publish, perform, display, create derivative work or share, in print or on any digital media, any of your User Content. You hereby waive any claims to future compensation arising from the Company’s use of your User Content in any form.
You understand that all User Content is the sole responsibility of the User who posted such content and the Company will not be liable for any errors, omissions or inaccuracies in any User Content. Your reliance upon any User Content is solely at your own risk. Please note that the Company does not endorse or recommend any User Content and you hereby expressly release the Company from any liability arising out of or associated with your use of any User Content.
8. Third-Party Links
The website may contain links to third-party websites which are not owned or operated by us. These links are only provided for your convenience and such links do not constitute an endorsement or recommendation by the Company of such third-party services. We do not review or verify the content and claims made by such third-party or any products/services offered by them. We will not be held responsible for the content of such third-party websites. Please note that these third-party sites
are governed by their own terms and conditions and privacy policy which may be different from those contained in this Agreement. You should always review the terms and conditions and privacy policy of such third-party sites before accessing or
making use of their service.
9. Disclaimer of Warranties
THE WEBSITE AND ALL COMPANY CONTENT IS PROVIDED BY THE COMPANY ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE THE COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. THE COMPANY AND THE PARTIES MENTIONED ABOVE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE.
YOU ACCEPT THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.
10. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGE AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN THAT EVENT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED SHALL NOT EXCEED ONE HUNDRED US DOLLARS.
11. Indemnity
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, and subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) Your use or inability to use the Website,
(ii) violation of these Terms by you,
(iii) violation of any applicable law by you,
(iV) Your gross negligence or willful misconduct
The Company reserves the right, at its own expense to assume exclusive defense of any matter otherwise subject to indemnification. You agree that you will not settle any
claim without the express written consent of the Company.
12. Governing Law
These Terms shall be governed by the laws of the Commonwealth of Virginia and federal laws of the United States of America without giving effect to any principles of conflict of laws. The User and the Company both agree to bring any action or claim arising out of or related to this Agreement in the state or federal court of law sitting in Falls Church, Virginia.
13. Assignability
The Company may assign any of its rights or duties to any Person, at its sole discretion, without giving any notice to you. You may not assign or transfer any of your rights or obligations under this Agreement to any other party, without express written consent from the Company.
14. Severability
If for any reason, any provision of this Agreement or any part of any provision is deemed to be unlawful, void, or for any reason unenforceable, then such provision will be limited or eliminated from this Agreement only to the extent necessary and will not affect the validity and enforceability of any remaining provisions.
15. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of their obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of
electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement by immediate written notice.