top of page

Novos.GG Ltd. - Terms of Service

Effective as of September 22, 2022

1. Introduction

These Terms of Service (“Terms”) constitute a binding legal agreement between Novos.GG Ltd. and its affiliates (collectively, "Novos", "we," “our,” or "us") and you ("you" or "your") and governs your access and use of all features, content, and other services provided by Novos, including, without any limitation, the website www.novos.gg/ (“Website”) and gaming applications ("App(s)"; collectively "Service(s)").

 

Our Services include an online platform for real money skill-based games for mobile devices, using the Apps and Services that we may provide from time to time.

 

By creating an account or participating in any competitions and tournaments held at the Services, and after any change of these Terms by continued use of the Website, you affirmatively signify that you have read, understood, and agree to be bound by this Terms, our Privacy Policy as well as any other policy we may make available, each incorporated herein by reference. In addition, you agree, to the maximum extent permitted by applicable law, that any claim, dispute or controversy of whatever nature arising out of or relating to these Terms and/or you use of the Services shall be resolved by final and binding arbitration in accordance with the process described in section 19 below.

2. Modification of Terms or Services

Novos has the right, at any time and in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, without prior notice. You hereby agree that Novos may notify you of any updated or new Terms by posting notice on the Services, by providing you notice at the contact details associated with your account, or in any other way Novos deems reasonable. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. If you continue to use the Services after such notice is published, you hereby consent and accept the changes to the Terms. The most updated version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease using our Services and accessing your account.  

 

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to:

​

(i) stop offering and/or supporting the Services or any particular game or part of the Services;

(ii) terminate or suspend your license to use the Services or any part of it;

(iii) modify, remove  or discontinue the Services or any part thereof;

(iv) limit the Services' availability to any person, geographic area, or jurisdiction we choose;

(v) charge fees in connection with the use of the Services;

(vi) modify and/or waive any fees charged in connection with the Services; and/or

(vii) offer opportunities to some and all users of the Services. 

​

If any of the above happen, Novos is not required to provide you with benefits, refunds or other compensation in connection with discontinued elements of the Services or for virtual goods previously awarded or purchased. 

 

You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. 
 

3. Compliance with laws and User Responsibility

You hereby agree and acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes and/or any other reference to Novos’s Services may govern your participation in competitions ("Gaming Laws") and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction. Therefore, we do not offer cash competitions (as defined below) to users participating in competitions in any jurisdiction in which such competitions violate Gaming Laws ("Prohibited Jurisdiction"), and if you are located in any Prohibited Jurisdiction then you may not participate in cash competitions.

​

You are solely responsible for your compliance with all applicable laws. Accessing our competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. Services and competitions are void where prohibited or restricted by applicable law. You hereby agree and acknowledge that your participation in such competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block you from accessing the Services from any Restricted Jurisdiction.

​

You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Novos's sole discretion due to local legislation requirements or any other reason upon its sole discretion,  or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.

4. Eligibility

Our Services are intended solely for users who are eighteen (18) years of age or older (unless the applicable age of majority in your state of residence is higher), and any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.

 

If we have any reason to believe that you are under the applicable legal age, we may terminate your account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing any portion, aspect or feature of the Services, including the Services in their entirety.

 

By accessing the and/or otherwise using the Services or the Apps, you represent and warrant that you:

​

(i) Are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside;

(ii) Have the legal power to form a binding contract with Novos;

(iii) Are physically located in a jurisdiction in which participation in the competition you select is unrestricted by that jurisdiction’s laws; and

(iv) Agree to at all times abide by these Terms and all applicable laws. If you do not meet all of these requirements, you must not access and/or use any of the Services, and we may suspend or close your account with or without notice.

5. Prohibited Uses

5.1 General

You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.

 

You may not (and shall not permit any third party to) to either: (i)take any action; or (ii) upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission on or through the Services that:

  • is illegal, violent, threatening, abusive, invasive of any person's privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, for the purpose of financial gain or to cause any injury to any person, as Novos may determine in its sole discretion;

  • contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of Novos, its users, or any other individual or entity;

  • violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations;

  • involves commercial activity not expressly permitted by Novos;

  • infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party;

  • uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that access the Services in a manner that sends more request messages to Novos's servers than a human can reasonably produce in the same period of time;

  •  interrupts or attempts to interrupt the operation of the Services;

  • impersonates any individual or entity, including, without limitation, employees or representatives of Novos;

  • is sexually explicit, objectionable, insulting or harassing based on gender, race or ethnicity; or

  • is encouraging money laundering or illicit gambling.

 

You shall be solely responsible for any and all act or omission of any kind, including any content that you make available (by uploading or otherwise), via your account.

5.2 Unfair Methods

Anyone who engages in, participates in, or displays the behavior listed below can be considered by Novos and in Novos’s sole discretion as using unfair methods: 

 

(i) opening or using multiple accounts;

(ii) using unauthorized or altered software or hardware to assist play;

(iii) intentionally poor play in certain games to achieve competitive advantage;

(iv) collusion with other players (e.g. intentionally losing matches in cash competitions);

(v) deliberate transfer of money between accounts (e.g. money laundering);

(vi) harassment of other participants;

(vii) posting objectionable material;

(viii) breach of these Terms; or

(ix) breach of security of your account.

 

The above mentioned behavior and any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation:

 

(i) immediate termination of your account and blocking of your access to the Services;

(ii) any prizes that you may otherwise have been entitled to receive shall be void and forfeited; and

(iii) any prizes received by you shall be subject to disgorgement and/or recoupment.

 

In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity to law enforcement and regulatory authorities.​

 

Any attempt to deliberately damage the Services or undermine the legitimate operation of any competition is a violation of criminal and/or civil laws and should such an attempt be made, Novos reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.

 

You further acknowledge that the forfeiture and/or return of any prize as a result of a violation of these Terms shall in no way prevent Novos from pursuing criminal or civil proceedings in connection with any Abuse.

6. Device information

To use our Services, a player must have an internet connection to connect to our servers, and we may collect certain information from you and your internet-enabled device (“Device”) in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Service using your account.

 

We do not warrant that our Apps and/or Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Website, as updated from time to time.

7. License to Use Our Services

Subject to these Terms, Novos grants you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms.

 

As part of the license granted to you, you may not directly or indirectly, or authorize any person or entity to:

 

(i) network the software among devices.

(ii) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework;

(iii) create derivative works of the Services;

(iv) use the Services in whole or in part for any purpose except as expressly provided herein; or

(v) disable or circumvent any access control or related device, process or procedure established with respect to the Services. You are responsible for all use of the Services that is under your possession or control.

8. Account Registration

8.1 Creating Your Account

You may be required to register and create an account in the Services by providing us certain information about yourself as required the applicable game you participate in, such as:

 

(i) a unique username and password;

(ii) contact information, such as your name, phone number, and email address;

(iii) payment and billing information; and

(iv) any other information we request on the account registration form.

 

Your account is personal and gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. By using the Services, you agree to provide true and accurate information about yourself as required for use on the Services.

 

You may only register for a single account and may not use or access multiple accounts at the same time. Neither your account nor prizes won from participating in competitions are transferable to any other person or account.

8.2 Account Security

You are solely responsible for keeping your account information secure. We plead you to not share your account information with anyone and notify Novos right away if you have lost control of your account, and in case you suspect there is unauthorized activity in your account.

 

You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.

 

As the sole holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not give permission to any other person to:

(i) access your account;

(ii) access the Services through your account; or

(iii) accept or use prizes from your account.

8.3 Account Verification

We reserve the right to verify all your registration details, such as your name, address, age, and payment methods used, at any time, by requesting certain documents from you. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of your payment method.

 

If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a public notary. In the event you do not comply with our requests for documents, we may at our sole discretion terminate your account, and withhold any funds that are present therein. 

 

You hereby agree to update any provided information or data or to provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time of registration or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age verification and identification services to verify your account.

 

Novos reserves the right at any time to investigate your account and information, including performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your account has been involved in any illegal or improper activity, we reserve the right to terminate your account without notice or liability.

8.4 Publishing Account Data

In order to encourage you and other users to succeed in our games, we may publish data relating to the most successful users in the games according to various categories of users and statistics, based on our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.

9. Virtual Items

Our Services may include virtual in-game currency, including but not limited to virtual coins, points, credits, bonuses and/or chips for you to purchase and use in the Services ("Virtual Items").  Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.

 

When you purchase Virtual Items, you will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items cannot be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Novos or any other party. You agree and understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, whether “awarded” in a game or “purchased” from Novos, or any other attributes associated with an account or stored on the Services. Your purchase of Virtual Items is final, non transferable, exchangeable or refundable, except in Novos's sole discretion. You may not transfer, purchase, sell, exchange, trade or sublicense Virtual Items outside the Services, or attempt to sell, give or trade in the “real world“ anything that appears or originates in the Services unless otherwise expressly authorized by Novos in writing.

 

Doing so is a violation of these Terms and may result in termination of your account and legal action may be taken against you, any such transfer or attempted transfer is prohibited and void. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items within the Services. You shall have no right or title in or to any such Virtual Items, or any other attributes associated with use of the Services or stored within the Services, other than those specifically granted to you under these Terms.

 

Novos retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and Novos shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Novos may selectively remove or revoke Virtual Items associated with your account in its sole discretion.

 

Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on our Services or otherwise expressly authorize. Novos does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.

 

All Virtual Items and funds are forfeited by you if your account is terminated or suspended for any reason, in Novos's sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

10. Payments

When making a purchase of Virtual Items or other content as may be made available, or depositing funds into your account, you agree to pay us the applicable charges for your purchase/deposit, including applicable taxes incurred by you or anyone using an account registered to you. Payment shall be made using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.

 

By providing us with a payment method, you hereby represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate, and you authorize Novos to charge you for the Services by using your payment method.

 

You agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. If we identify an error, we will make reasonable efforts to correct that error within 90 days. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.

 

You acknowledge that Novos is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused Virtual Items or funds when an account is closed, whether such closure was voluntary or involuntary.

11. Funds, Entry Fees and Winnings

11.1 Entry Fees

All entry fees ("Fee(s)") shall be made known to you prior to entry in any competition or tournament. If you agree to enter a competition, you agree to pay those Fees associated with the entry. All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. We may change the Fees at any time, but no price change will affect your past purchases. Unless otherwise required by law, all Fees are final and no refunds are given.

11.2 Winnings

All competitions and tournaments offered on the Services are games of skill. Winners are determined by an objective criteria described in the rules of game, scoring, and any other applicable documentation associated with the competition or tournament. From all entries received for each competition, the individuals who use their relevant skill and knowledge to accumulate the highest score according to the corresponding rules will determine the winner(s).

11.3 Non-Cash and Cash Players

If you play a competition without depositing U.S. Dollars into your account for that competition, then you are a "Non-Cash Player" with respect to such competition. However, if you play in a competition that requires an entry fee paid in U.S. Dollars ("Cash Competition"), then you are a "Cash Player". As a Cash Player, you hereby acknowledge and agree that we reserve the right to change the following at our sole discretion, without giving you prior notice:

 

(i) any method for evaluating your funds; and

(ii) any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees.

 

Upon a withdrawal request, you may be required to submit the following current and correct information: your full name, proof of age, proof of address, your ID, your phone number, credit card details, other payment information or any other information required in our sole discretion. Failure to provide the required information to our satisfaction may result in our inability to process your withdrawal of any winnings. Participating in Cash Competitions may, in our sole discretion, require establishing a positive account balance prior to entry. If you are a Cash Player, by submitting this information, you consent to allowing us to share your personal and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purposes as detailed in our Privacy Policy. If you make a credit card deposit, we may submit an authorization request to the issuing bank to test your credit limit.  In addition, your personal account (whether it's a bank account, credit card, PayPal or other) may incur additional fees and/or commissions for receiving funds from your Novos account. We are not responsible for paying those fees and/or commissions even if such fees/commissions exceed the withdrawn amount itself.

11.4 Bonus Cash

We may, from time to time in our sole discretion, grant you free bonus funds and/or credits (“Bonus Funds”). Bonus Funds shall be considered Virtual Items and can be used to enter Cash Competitions but cannot be withdrawn or used for any other service. When you enter a Cash Competition, we may deduct a certain amount of the Bonus Funds as an entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if it is the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your account, you will forfeit all Bonus Funds currently in your account. If you do not enter a Cash Competition within a continuous ninety (90) day period, all Bonus Funds in your account will be forfeited.

11.5 Withdrawals

If you are a Cash Player, you may request a withdrawal of funds from your available account balance at any time. Processing of requested funds may take up to ninety (90) days; provided, however, that we may freeze your account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws.

 

If we unilaterally close or terminate your account due to your violation of these Terms, or if you choose to close your account, any funds in your account will be forfeited. If you want to withdraw funds from your account, you must do so before requesting to close your account.

11.6 Prizes and Awards

Competition results and prize calculations are based on the final statistics and scoring results at the completion of the competition. Once competition results are published, prizes are awarded. The scoring results of a competition will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in Novos’s sole discretion.
Novos reserves the right to cancel competitions at any time. In the event of a cancellation, all entry fees will be refunded to you except as specifically provided in these Terms or applicable rules.

11.7 Responsibilities and Taxes

You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.

 

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. We may send you federal or state tax forms and/or other appropriate form(s) if your total winnings equal six hundred dollars ($600.00) or more in any given calendar year. Without limiting the foregoing, we may withhold from your existing account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.​

12. Novos's Intellectual Property Rights

The Apps, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items, and any part thereof, including derivative works of Novos and other companies serviced by Novos are the property of Novos or their respective owners.

 

You agree, as a user of Novos’s Services, not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from Novos. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.

 

You may choose to or we may invite you to submit your comments or feedback about the Services, including without limitation about how to improve our Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Novos under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.

13. Third Party Services

The Services may provide links to third-party websites, apps, services, offerings, products or other activities (“Third Party Services”) that are not owned or controlled by us. The links are provided to you as a convenience, and do not signify that Novos endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third Party Services.

 

Your use of such Third Party Services is made at your own risk and shall be subject to the terms of use of such Third Party Services. You acknowledge that Novos has no liability to your use of Third Party Services. Any problems or complaints that you may have with regard to such Third Party Services should be directed to such third parties.

 

In case you have downloaded the Apps from the Apple, Inc. ("Apple") App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, agreed and understood to the following notice regarding Apple. These Terms are between you and Novos only, and Apple is not a party to these Terms. Apple is not responsible for the Services and the content presented in the Services. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Services. Apple, and Apple's subsidiaries, are third party beneficiaries of these Terns, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of these Terms. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Limitation of Liability

By using the Services, you understand and agree that Novos's liability in connection with your use of the Services is as set forth below.

 

In under no circumstances shall Novos, its parent companies, subsidiaries, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the "Novos Entities and Individuals"), be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to: (i) the Website, the Services, or your uploaded information; (ii) the use of, inability to use, or performance of the Services; (iii) any action taken in connection with an investigation by Novos or law enforcement authorities regarding your use of the Services; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the Services' technical operation, even if foreseeable or even if the Novos Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Novos Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services.

 

Notwithstanding the above, in no event shall the Novos Entities and Individuals' total liability to you for all damages, losses, or causes of action exceed one hundred U.S Dollars ($100). The Novos Entities and Individuals are not responsible for any damage to your and any third parties' computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

 

If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Novos's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Novos and/or its parent Companies, subsidiaries, and/or affiliates, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.

 

By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims.

15. Disclaimer of Warranties

The Services are provided to you on an "as is" and "as available" basis, without any warranty of any kind, either expressed or implied. All online services suffer from occasional disruptions, and as Novos strives to keep all Services available to you at all time, you hereby agree and warrant that Novos is no exception to those disruptions. 

 

Novos does not warrant or guarantee protection from viruses or any other computer system malware. Novos does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Novos does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that use of our Services will generate you any profits. We do not and cannot take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law is applicable to this agreement.

 

Novos does not provide any warranty to you regarding the Services, App, Website or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about game statistics, technical errors in the games, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose.

16. Terms Termination and Inactivity

16.1 Inactivity

Your account will be considered inactive if you have not entered at least one (1) competition or tournament for a period of six (6) consecutive months or more. If your account is deemed inactive, Novos reserves the right to charge you with a maintenance fee of $2.00 per month (the “Monthly Maintenance Fee”). After five (5) or more months of inactivity, you may be notified by that if your account remains inactive for one (1) more month we may close it, at our sole discretion. The Monthly Maintenance Fee will be deducted from your account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account. ​

16.2 Term and Termination

These terms apply to you and to us from the date that you accept them as provided above. You may terminate your Novos account at any time and for any reason by sending us a support request at: office@novos.gg or following the instructions provided in the Website or App.

 

Upon termination of your account, you must immediately discontinue to use our Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate.

 

​Novos may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms.

17. Indemnification

You agree to defend, indemnify, and hold Novos, its affiliates, officers, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of and access to the Services, including, without limitation:

 

(i) any data or work transmitted or received by you;

(ii) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties under these Terms;

(iii) your violation of any law, rule or regulation of any country as applicable to you and Novos;

(iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;

(v) any claims or damages that arise as a result of any of your user submissions or any other content that is submitted via your account; or

(vi) any other party’s access and use of the Service with your account.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of the courts of Tel Aviv, Israel.

19. Agreement to Arbitrate/Class Action Waiver

You agree that any claim or dispute at law or equity that has arisen or may arise between you and Novos relating in any way to or arising out of these Terms or your use of, or access to the Services, will be resolved in accordance with the provisions set forth in this section 19. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you may have against us are resolved.

 

We will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Novos relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. The Israeli Arbitration Law, 5728-1968 governs the interpretation and enforcement of this agreement to arbitrate.

 

The arbitration shall be held in Tel Aviv, Israel or at another mutually agreed location. The Arbitration will be conducted in English by a single arbitrator. If the value of the relief sought is $10,000 or less, you or Novos may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Novos, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable.

The arbitration will be conducted by the Israeli Institute of Commercial Arbitration under its rules and procedures, as modified by this agreement.

 

In all events, each party hereby knowingly, voluntary and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitration does not apply to any claim, that claim will be tried before a judge sitting without a jury.

 

You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and Novos agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Novos users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Novos’s right to appeal the court’s decision. All other claims will be arbitrated.

 

 

To the extent permitted by applicable law, any claim or dispute under these Terms and use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute isn’t filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.

 

With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

20. Notifications

Novos may provide notifications, whether such notifications are required by law or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Novos in our sole discretion. Novos reserves the right to determine the form and means of providing notifications to you.

 

Legal notices to us shall be served at the address provided in the contact section. Notice by us to you via email shall be deemed given twenty-four (24) hours after the email is sent, legal notice by mail to the physical address associated with your account shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

21. No Waiver and Force Majeure

Novos's failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Novos will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.

22. Assignment of Rights

You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. Novos may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

23. Survival

Any and all terms and conditions within these Terms that should, by their nature, survive termination of these Terms, will survive such termination.

You agree that the following provisions of these Terms shall survive termination of the Services, for any reason whatsoever: Compliance with, laws, Prohibited uses, Limitation of liability, Indemnification, Novos's intellectual property rights, Term and termination, Agreement to arbitrate/class action waiver, and Governing law.

24. Severability of Clauses

The Terms, the policies and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and Novos. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

25. Language

You acknowledge that these Terms, and all related documents, including the Rules and Novos’s Privacy Policy, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

26. Contact Us

If you have any questions about these Terms or Novos’s Services in general, please contact us at: office@novos.gg. Subject to the content of your inquiry, Novos may request that you provide additional information in order to allow the appropriate handling of your inquiry.

Promotion Rules

Effective as of September 22, 2022

The following are the general rules ("Rules") which govern your participation in the promotions ("Promotion") arranged and operated by Novos.gg Inc. or any of its affiliated companies (“Novos”, "us" or "we" or "our").

By participating in a Promotion, you hereby represent and warrant that you have read and shall be bound by these Rules, the Terms of Use ("Terms"), the Privacy Policy, and any and all other terms and conditions relating to the Promotion, including specific Promotion terms ("Specific Terms"). In the event you do not agree to be bound by these Rules or the Terms, Privacy Policy or any amendment thereto, you must not participate or otherwise take part in any Promotion or must withdraw and discontinue your participation in a Promotion.  In case of a conflict between these Rules, the Terms and any Specific Terms, the order of precedence will be the Specific Terms, Rules and lastly the Terms.

Capitalized terms used but not defined herein shall have the meaning given to them in the Terms.

Eligibility

  1. All Promotions shall be subject to all applicable federal, state, and local laws and regulations, and are void where prohibited or restricted by law.

  2. Eligible entrants must:

    • have an account registered with the Services;

    • be eighteen (18) years of age (unless the applicable age of majority in the jurisdiction of residence at the time of the entry is higher) or older;

    • have the full right and authority to participate in the Promotion; and

    • eligible under applicable law to participate in the Promotion.

  3. Notwithstanding, Novos reserves the right to limit specific Promotion to entrants located in a particular jurisdiction, in which case only users residing in such jurisdiction at the time of entry may be eligible to participate in the Promotion.

  4. Novos's employees (including, without limitation, part-time or temporary employees), officers, and representatives, promotion agencies or sponsors directly involved in the administration, development, fulfillment, and execution of a specific Promotion, and their immediate family and other household members (i.e., spouses, parents, grandparents, children, grandchildren, roommates, housemates, significant others, partners, and siblings) of any of the above are not eligible to enter or win a Promotion.

  5. Novos reserves the right to ask you at any time to provide us or our designated third parties with proof of your age, identity, residency or any other information we may require in order to participate in any Promotion. You agree, on-demand, to present Novos, or any third party on its behalf, with valid documentation that may enable us to verify your age, identity, residency or any other information, upon Novos's sole discretion. If you are unable to provide satisfactory documents, we may exclude you from the applicable Promotion and you may forfeit any privileges or awards that have been allocated to you without compensation of any kind. You hereby irrevocably waive any claims or rights in connection with any such exclusion or forfeiture.

How to enter the Promotion

  1. During the period of any specific Promotion (the “Promotion Period”), you can enter the Promotion by using our Services and follow the links and instructions for entering the Promotion. Novos will publish the applicable Promotion Period as part of the Specific Terms.

  2. You must enter the Promotion during the Promotion Period of the relevant Promotion in order to be eligible to win applicable prize(s).

  3. Novos’s systems will be used for determining when the Promotion Period of a certain Promotion has commenced or concluded, and such determination shall be final and binding. Proof of sending or submission will not be deemed to be proof of receipt.

  4. All requests for entry into a Promotion shall become the exclusive property of Novos and will not be acknowledged or returned.

  5. Entries received that are from ineligible entrants or do not comply with these Rules or the Specific Terms and entries that are determined to be fraudulent will be considered void, and the person making such entry may be barred from participation in the Promotion and, in Novos’s sole discretion on a case-by-case basis, banned from participation in any future Novos's Promotions or Services.

  6. You hereby agree than in no event will you have any claims against us for any requests that were not received or acknowledged by us, for any reason whatsoever, or which were received before or after the Promotion Period for the applicable Promotion.

Prohibited Behaviour

  1. Novos reserves the right to prohibit the participation of any individual in any Promotion for any reason, including, without limitation, in the event of suspected fraud or tampering or if the individual fails to comply with any requirement of participation as stated herein, the Specific Terms or the Terms. Without limiting the foregoing, Novos may lock out any participant who, in Novos’s sole judgment, has been disqualified, has questionable eligibility, or is otherwise ineligible to participate in the Promotion.

  2. Use of robotic, mechanical or other forms of pre-programmed entry methods is strictly prohibited. Entrants may not use such manipulation tools and Novos reserves the right (in its sole discretion), from time to time, to implement entry processes that may frustrate or prohibit such automated entries; provided, however, that no entrant in any Promotion may rely upon or insist upon Novos’s failure or refusal to take any of the foregoing actions or to determine, in its sole discretion, that one entrant’s entry should be discounted because another entrant’s entry was or vice versa.

  3. You may not use multiple email addresses, accounts, identities or any other method in order to participate in any Promotion.

Modifications to the Rules

  1. Novos reserves the right, in its sole discretion, to:

    1. modify, alter, or change the Rules and the Specific Terms (including, but not limited to, prize amounts of any Promotion) at any time;

    2. terminate or declare any Promotion null and void and rescind any prize, if in its sole judgment, the integrity of the Promotion has been violated or compromised in any way, intentionally or unintentionally by any person, whether or not a participant in the Promotion;

  2. To the extent practicable, changes shall be posted on the Services and made known prior to the beginning of a Promotion.

  3. You acknowledge that you shall be responsible for staying up to date with any and all changes made to a Promotion, including to the Rules and Specific Terms.

  4. In the event we modify the Rules, Promotion or Specific Terms, your continued participation in the Promotion constitutes acceptance of such modifications.

Prizes

  1. The manner in which a winner is selected may vary depending on the Promotion and will be detailed in the Specific Term for each Promotion or as otherwise posted via our Services.

  2. Our decisions regarding the administration and operation of any Promotion, including, without limitation, the selection of potential winners from all eligible participants are final and binding in all matters related to the Promotion.

  3. Prizes will vary from one Promotion to another and will be indicated in Specific Terms for the applicable Promotion.

  4. Odds of winning any Promotion will depend on the total number of eligible entries received for such Promotion.

  5. Unless otherwise set forth in the Specific Terms, all prizes provided to winners for a Promotion are virtual items ("Virtual Items"), with no "real world" value, and can only be used within the Services.

  6. You agree that your use of Virtual Items shall be governed in accordance with the Terms. If a prize, or any portion thereof, cannot be granted for any reason, we reserve the right (but not the obligation) to substitute such prize for one of equal, lesser or greater value. If, notwithstanding the foregoing to the contrary, any specific prize will have actual "real world" value (i.e. cash prize), such value will be specified in the Specific Terms for the relevant Promotion and in any event, you are not allowed to transfer or substitute any prize received from participating in a Promotion. All prizes hereunder are offered "as is" without warranty either expressly or in an implied fashion.

  7. Unless legally prohibited, you shall be solely responsible for any taxes or fees associated with your receipt of a reward. Any and all taxes on a prize, and any other expenses not explicitly stated herein, are the sole responsibility of the prize recipient.

  8. Novos will notify each potential winner by sending a notification within the Services or as specified in Specific Terms. If a potential winner cannot be contacted within seventy-two (72) hours, or if such winner is otherwise disqualified or does not comply with these Rules or the Specific Terms, the potential winner will be disqualified and forfeit the prize. It is your sole responsibility to notify us in writing if you changed your contact information during the Promotion Period. Notwithstanding, no prizes shall be given to any user who is ineligible to participate in the Promotion or fails to comply with these Rules, the Terms, or any other rules for participation in the Promotion.

  9. If any potential winner is required by any applicable law, these Rules or the Specific Terms to comply with additional conditions or requirements in order to participate in the Promotion and receive the prize, such potential winner must fully comply with such requirements within the time set before and as a condition to receiving the prize.

  10. If a potential winner is disqualified for any reason, we may award the applicable prize to an alternate winner from among the remaining eligible participants, in our sole discretion.

Proprietary Rights

  1. By participating in any Promotion, each entrant hereby consents to Novos’s usage of any one or more of the following for on-air broadcast, online usage or for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: entrant’s name; voice; likeness; biographical information; his/her participation in the Promotion; prizes won; and the substance of the entrant’s entry form or any other Promotion submissions.

  2. Each entrant hereby grants Novos a perpetual, unlimited, non-exclusive, royalty-free, right and license to use any or all of the foregoing in any manner as determined by Novos in its sole discretion.

  3. By submitting any content, you hereby represent and warrant that you have all rights and licenses to such content and that our use of such content will not infringe the rights of any third parties.

Limitations of Liability and Release

  1. By entering into a Promotion, you agree to release, indemnify, and hold harmless Novos, and its respective parents, subsidiaries, affiliates, distributors, suppliers, and advertising, promotional and judging organizations and each of their respective employees, officers, directors, shareholders, and agents (collectively, the “Releasees”) from and against any and all claims, expenses, and liability sustained or incurred from participation in any Promotion and the receipt and use of any prize(s) awarded through any Promotion arising in any manner whatsoever, including but not limited to an act or omission, whether negligent, intentional or otherwise, caused by the Releasees or any Promotion.

  2. By entering into a Promotion, you agree to indemnify, defend and hold harmless the Releasees from and against any and all claims, expenses, and liabilities (including reasonable attorneys/legal fees) arising out of or relating to any other user’s participation in the Promotion.

  3. You agree that the Releasees are not responsible for any incorrect or inaccurate information, whether caused by the Services, other users, or by any of the equipment or programming associated with or utilized in the Promotion and that the Releasees assume no responsibility for (i) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a user’s participation in a Promotion or receipt or use or misuse of any prize; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on the Services; (iii) any computer, telephone, cable, satellite, network, electronic or internet hardware or software malfunctions or failures, problems with connections or availability; (iv) garbled or jumbled transmissions, service provider/internet/web site/use net accessibility or availability;  (v) traffic congestion; (vi) unauthorized human intervention; or (vii) theft or destruction, tampering, or unauthorized access to entries or entry information.

  4.  If, for any reason, a Promotion is not capable of running as planned by reason of infection by computer virus, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond Novos's control and, in the sole opinion of Novos, corrupt or affect the administration, security, fairness, integrity or proper conduct of a Promotion, Novos reserves the right, at its sole discretion, to cancel, terminate, modify or suspend such Promotion and select the winner(s) from among all eligible entries received for such Promotion prior to the action taken.

  5. In no event will the Releasees be responsible or liable for any damages or losses of any kind, including indirect, incidental, consequential or punitive damages. Without limiting the foregoing, the Services are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Claims and Disputes

  1. Novos shall be the sole arbiter in all matters relating to any Promotion and the interpretation of these Rules, Specific Terms and the Terms. The decisions of Novos will be final as to all matters, including, without limitation, whether any entry submitted is valid or not.

  2. Notwithstanding the above, the governing law for these Rules shall be as defined in the Terms and any and all disputes shall be resolved as set forth in the Terms.

Contact Us

If you have any questions regarding the operation or offering of any Promotion, please contact us at: office@novos.gg 

bottom of page