NovoJeans.com Terms and User Agreement

Last Updated: November 20, 2011

I. NovoJeans.com User Agreement

PLEASE READ THE FOLLOWING USER AGREEMENT TERMS (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW).

This User Agreement (or “Agreement”) is a legal agreement between you and NovoJeans.com, (“NovoJeans.com” or “us”). By using NovoJeans.com website or accessing, registering as a member of the NovoJeans.com or other services, you agree to be bound by the terms of this user Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use NovoJeans.com or other services.

Agreement may be amended only by a writing physically signed by us.

We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web site.

II. A NOTE ABOUT CHILDREN

NovoJeans.com is not designed or intended for use by children under 13, although participating merchants on our Web site may offer children’s products for purchase by adults. If you are under 18, you should use NovoJeans.com only with involvement of a parent or guardian.

Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we reserve the right to terminate your membership and we will take appropriate steps to deleting any information from our system.

 III. Registration

Certain features and services on the NovoJeans.com website require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on NovoJeans.com. You are responsible for safeguarding the password that you use to access any secure areas of the NovoJeans.com website.

You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify NovoJeans.com of any unauthorized use of your password.

IV. Content

NovoJeans.com provides a number of different services to assist you in comparison shopping for products and services. NovoJeans.com provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. The products listed on the NovoJeans.com website are sold by third-party merchants, not by NovoJeans.com.

You acknowledge that NovoJeans.com does not sell, resell or license any products listed on the NovoJeans.com website, nor is NovoJeans.com acting as an agent of sale. We are merely making it easier for you to buy from merchants who choose to offer goods using the NovoJeans.com website. You acknowledge that NovoJeans.com disclaims any responsibility for or liability related to such products (see Disclaimer of Warranties below). You agree to direct any question, complaint or claim about merchants (for example, about their products, customer service for their products or delivery) to the appropriate merchant or seller.

NovoJeans.com does not warrant that product descriptions, pricing, editorial commentary or any other content on the NovoJeans.com website, regardless of its source, is accurate, complete, reliable or current. NovoJeans.com content is provided for informational purposes only and does not constitute an endorsement by NovoJeans.com of any product, service or merchant. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). NovoJeans.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g., user merchant rating or user product rating) or other content on the NovoJeans.com website.

Consumer reviews and ratings on the NovoJeans.com website are from our members who have elected to post a review on the NovoJeans.com website. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other third party in any given transaction.

Participating merchants and other third parties may pay NovoJeans.com to be presented on the NovoJeans.com website or to have their product or service offerings placed higher in our search results and may also purchase research from NovoJeans.com, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.

You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to the NovoJeans.com website and any content appearing on the NovoJeans.com website will remain the exclusive property of NovoJeans.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the NovoJeans.com website or any other content appearing on the NovoJeans.com website. You may not copy or modify the HTML code used to generate web pages on the NovoJeans.com website. You may not use the NovoJeans.com website, or any other content appearing on the NovoJeans.com website, on or in connection with any other website for any purpose.

V. Content submission

By contributing or submitting any content to the NovoJeans.com website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant NovoJeans.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you.

In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of NovoJeans.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. NovoJeans.com reserves the right to change or delete any content on the NovoJeans.com website that NovoJeans.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information:

• That is known by you to be false, inaccurate or misleading;
• That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• That is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• For which you were compensated or granted any consideration by any third party;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• Or that contains any computer viruses, worms or other potentially damaging computer programs or files.

You retain all ownership rights to information, text, graphics or other materials you publish on the NovoJeans.com website. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the NovoJeans.com website at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to the NovoJeans.com website if you choose to republish your content elsewhere and that you do not publish the same items of content on both the NovoJeans.com website and other product or price comparison sites.

VI. Copyright and Trademark Information

All content included or available on NovoJeans.com website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2011 NovoJeans.com, with all rights reserved, or is the property of NovoJeans.com and/or third parties protected by intellectual property rights. Permission is granted to individual consumers to electronically copy and to print hard copy portions of this Web site for the sole purpose of using this site as a shopping resource. Any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of NovoJeans.com is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of NovoJeans.com.

NovoJeans and NovoJeans.com are proprietary service marks of NovoJeans.com. NovoJeans.com service marks/trademarks may not be used in connection with any product or service that is not provided by NovoJeans.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NovoJeans.com.

All other trademarks displayed on NovoJeans.com website are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between NovoJeans.com and these companies.

NovoJeans.com disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any such third party materials infringe your intellectual property rights, please follow the copyright / trademark procedure bellow and contact the following agent to request a review of the alleged infringement:

VIA. Copyright procedure

• An identification of the copyrighted work claimed to have been infringed
• An identification of the material that you claim is infringing so that we may locate it on the site
• Your address, telephone number and email address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
• A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
• Your signature

The notice should be mailed to:

NovoJeans.com

Attn: Copyright Agent

5984 Hidden Creek Lane

Frisco, Texas, 75034 U.S.A.

Submit a ticket: Contact us through the site

Upon receipt of notice as described above, NovoJeans.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the NovoJeans.com website.

VIB. Trademark procedure

If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the NovoJeans.com website that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote the NovoJeans.com website on a third-party website, please provide the following information in a signed letter on company stationery:

• Name of Company
• Contact information (including email address)
• List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
• The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
• If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
• Include the following statement: “I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”
• Include the following statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
• Your signature

Please send this written communication with the above information to the following address:

NovoJeans.com

Attn: Trademark Complaints

5984 Hidden Creek Lane

Frisco, Texas, 75034 U.S.A.

Submit a ticket: Contact us here

Upon receipt of notice as described above, NovoJeans.com will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the NovoJeans.com website. In the event that the challenged content has been provided to NovoJeans.com by a third party and in NovoJeans.com’s sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration, NovoJeans.com will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, NovoJeans.com will not remove the content.

Not withstanding the foregoing, NovoJeans.com will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

VII. Termination

You can cancel your account at any time by contacting Customer Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement). Any of our listed websites may choose to assume that you intended to terminate your account if you do not access it for more than 3 months.

Following termination of your account for any reason (including inactivity), at their sole option, our listed websites and its licensees may continue or stop publicly displaying some or all of your content.

VIII. Other Rules

You agree to comply with all laws and regulations applicable to your access and use of the NovoJeans.com website and publishing your content. You may not harvest personal data from the NovoJeans.com website, and specifically you may not ask users to join or contribute to your services.

We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement.

You acknowledge that NovoJeans.com has no obligation to monitor your access to or use of the NovoJeans.com website, but has the right to do so for the purpose of operating the NovoJeans.com website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the NovoJeans.com website or collect information from it.

 IX. Indemnity

By choosing to use the NovoJeans.com website, you agree to indemnify NovoJeans.com, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney’s fees, made by third parties due to or arising out of:-

• Content you choose to submit post or transmit through the NovoJeans.com website;
• Your use of or connection to the NovoJeans.com website;
• Your violation of the User Agreement; or
• Your violation of any rights of another.

X. Release

Because we are a venue, in the event that you have a dispute with one or more users (including merchants) of the NovoJeans.com website, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge NovoJeans.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other thanCaliforniaas it pertains to the enforcement of the release in this section.

XI. Liability Limits

NovoJeans.com and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with NovoJeans.com and its parent, subsidiary or affiliate companies, our services or this Agreement. We and our suppliers shall not be liable to you for more than $100.

Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

XII. Disclaimer of Warranties

The NovoJeans.com website and its services are provided “as is,” without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. NovoJeans.com website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

• The availability or accuracy of such websites or resources; or
• The content, products or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the NovoJeans.com website including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold NovoJeans.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the NovoJeans.com website. In addition, NovoJeans.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the NovoJeans.com website constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.

Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.

XIII. Assignment

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by NovoJeans.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.

XIV. General

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the NovoJeans.com website. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by NovoJeans.com.

We can amend this User Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the NovoJeans.com website, which take effect when we post them. By continuing to access or use the NovoJeans.com website after any such amendment, you agree to be bound by the terms of the amended Agreement.