Bab 1: terms of service

20.1.Generally. In the interest of resolving disputes between you and Webnovel in the most expedient and cost effective manner, you and Webnovel agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Webnovel ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.20.2.Exceptions. Despite the provisions of Section 20.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.20.3.Arbitrator. Any arbitration between you and Webnovel will be resolved by binding arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the Administrative Arbitration Rules of the Hong Kong International Arbitration Centre in force when the notice of arbitration is submitted. The HKIAC Rules and filing forms are available online at www.hkiac.org, by calling the HKIAC at (+852) 2525-2381, or by contacting Webnovel.20.4.Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or by international express courier services (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). Webnovel's address for Notice is: Cloudary Holdings Limited, Building 6, No. 690 Bibo Rd, Zhangjiang, Pudong, Shanghai, P.R. China. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Webnovel may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Webnovel must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Webnovel will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Webnovel in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.20.5.Fees. If you commence arbitration in accordance with these Terms, Webnovel will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the HKIAC Rules. Any arbitration hearing will take place at a location to be agreed upon in Hong Kong, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the HKIAC Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the HKIAC Rules. In that case, you agree to reimburse Webnovel for all monies previously disbursed by it that are otherwise your obligation to pay under the HKIAC Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.20.6.No Class Actions. YOU AND WEBNOVEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Webnovel agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.20.7.Modifications to this Arbitration Provision. If Webnovel makes any future change to this arbitration provision, other than a change to Webnovel's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Webnovel's address for Notice, in which case your account with Webnovel will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.20.8.Enforceability. If Section 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.21.Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.22.Contact Information. The Service is offered by Cloudary Holdings Limited, located at Building 6, No. 690 Bibo Rd, Zhangjiang, Pudong, Shanghai, P.R. China. You may contact us by sending correspondence to that address or by emailing us at service@webnovel.com.23.Notice Regarding Apple. If you are using our mobile applications on an iOS device, the terms of this Section 23 apply. You acknowledge that these Terms are between you and Webnovel only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. You hereby represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.