FabNovel - Privilege Card Terms of Service

1. Acceptance and modification of the terms of service

The FabNovel-Privilege Card Terms of Service (hereinafter referred to as the "Payment Terms") comprises the complete contract of the FabNovel-Privilege Card (hereinafter referred to as the "paid Privilege Card ") service and applies to all rights and obligations related to the user's purchase of FabNovel's paid services. Users must first agree to the FabNovel Service Terms of Use (hereinafter referred to as the "Terms of Use"), and register as a FabNovel user before the user can purchase paid services. If the Privilege Card is a minor, please read and agree to the Terms of Use and Payment Terms with a legal representative or guardian. If the legal representative or guardian does not agree to all or part of the Terms of Use and Payment Terms, please do not purchase paid services.

2. Paid services description

1.To respond to Privilege Card s' needs in improving the listening experience, FabNovel launched paid services and specially provided Privilege Cards with certain advanced functions (for functional content and costs, please refer to the description of each plan for details, hereinafter referred to as "paid services").

2.The paid Privilege Card acknowledges and agrees that FabNovel will be able to change or modify the paid services content, rules, and terms, according to business requirements or upgrades in technology. FabNovel will publish the changes on its affiliated web pages, and in such publications will state the date that such changes will take effect, before making these changes or modifications in FabNovel. If the aforementioned changes or modifications cause a disadvantage to the paid Privilege Card and the paid Privilege Card does not agree with the modifications or changes, the paid Privilege Card may notify an intention to terminate the paid services to the company by using the paid services web page or the mobile application. The company will terminate the paid Privilege Cards service at the end of the period already paid for, and will stop automatic renewal. If the paid Privilege Card believes that there are other damages, you may contact the customer service department of the company to address this claim. If the paid Privilege Card continues to use the paid service, it will be deemed that the paid Privilege Card has accepted the modifications or changes.

3.Users may subscribe to paid services and become a paid Privilege Card in the following ways:

In-App (IAP) Subscription

Users of the FabNovel Software (hereinafter referred to as the "FabNovel") may use "In-App Purchases" to subscribe to paid services and become a paid Privilege Card after linking and verifying a valid payment method to the mobile device's payment platform.

IAP subscriptions are "automatically renewed," that is, after paying for the paid service, unless the paid Privilege Card unsubscribes on the mobile device that is subscribed to the service 24 hours before the next month’s deduction date (determined by the mobile device payment platform company’s policies), it will be deemed that the paid Privilege Card agrees to continue to pay for a paid subscription service, where the initial purchase day will be set as the payment day for the following month. (For example, a subscription service begins on January 2nd, 2016, the payment day for the next month will be February 2nd, 2016, in subsequent months the payment days will follow this pattern. Please note that specific payment arrangements will be decided according to the policies of the mobile device payment platform company.). The automatic renewal and payment arrangement will continue until the paid Privilege Card unsubscribes from the service as described above. When unsubscribing from the paid service, the paid service will end at the end of the period already paid for.

For paid Privilege Cards that use IAP subscriptions, due to the standards of the mobile device payment platform company, the paid Privilege Card must handle the cancellation or refund of the subscription in accordance with the mobile device payment platform company's regulations.

4.The paid Privilege Card agrees to the IAP subscription, and the pricing is based on the paid service fee announced by FabNovel at the time of purchase or the purchase amount currently displayed on the purchase page. If there is an adjustment in the price of the FabNovel-Privilege Card paid service, an announcement will be made one month in advance.

5.The paid Privilege Card recognizes and agrees that the paid service belongs to the "Criteria for the Application of Reasonable Exceptions to the Termination of Communication Transactions" Article 2 Paragraph 5 "Online Services Completed Once Provided", and that Article 19 of the Consumer Protection Law's right of cancellation during the hesitation period does not apply. Please evaluate whether the paid service meets your needs before subscribing to it.

3. Limitation of Liability

1.The paid Privilege Card recognizes and understands that the overall service of FabNovel is provided through the Internet. The quality of the listening service varies significantly, factors including personal equipment, network connection, and physical environment may affect it; the paid service is provided "as is" at the time of purchase and use of the paid service. The paid service does not contain any promises to the content or smoothness of movie and drama playback, and the company does not guarantee that the paid service meets the quality expected by the paid Privilege Card . The paid Privilege Card agrees not to claim any damage or compensation to the company for the following matters:

(1)The connection quality of FabNovel services and access to audio and video content are undisturbed and error-free.

(2)The audio-visual content provided through related services has a certain quality or resolution.

(3)The use of related services and audio content will not be affected by any computer virus or harmful data.

(4)Relevant service websites or the APP does not contain any flaws, program errors (bugs), crashes or unavailability, etc.

2.Except as otherwise provided by law, the paid Privilege Card agrees that the company and its authorized persons shall not be liable for any damages to the Privilege Card , including losses caused by the use or inability to use paid services, or other direct or indirect losses. If it is caused by the company's intentional or gross negligence, the paid Privilege Card agrees that the maximum amount of compensation incurred by the company for a single event shall be the total amount paid to the company for paid services in the past year.

3.The company is not responsible for any defects and damages caused by the intention or negligence of content providers, hardware vendors, third-party service providers, and other users of paid Privilege Cards.

4. Term and termination

1.The paid Privilege Card 's paid Privilege Card status, starts from the effective date of subscription to the paid services termination or expiration.

2.If the paid Privilege Card subscribed through IAP has already executed the next deduction before the termination of the subscription, the company will not refund it, and the paid Privilege Card can be used until the end of the period.

3.The company may terminate the provision of paid services due to operating policies or other considerations. If there is a termination of paid services, the company will announce 2 months in advance and tabulate paid Privilege Cards with less than one month left in the paid period at the time of termination, and the company will not collect the fee of that period, and those who have already made payment will be refunded the paid Privilege Card fee.

5. Special terms

1.Paid services are only provided for the use of paid Privilege Card 's personal and non-profit purposes. Paid Privilege Cards shall not be used by a specified or unspecified number of people in any way, or used directly or indirectly for commercial or for-profit purposes.

2.The paid Privilege Card shall not modify or edit the FabNovel APP in any way, or hinder the operation of the paid service or the entire FabNovel service in any way.

3.When the paid Privilege Card publishes, transmits, sends, or stores any file or information related to the services of FabNovel, and the company reasonably judges that there is any violation of laws or regulations, infringement of the intellectual property rights, or other rights of others, violation of payment terms or service terms of use, etc.; the company has the right (but not the obligation) to remove, take down, delete, and stop providing related services without notice, and without any liability for damages to the paid Privilege Card .

6. Handling of breach of contract

1.If the paid Privilege Card violates the payment terms or service terms and other regulations announced by the company, the company has the right to suspend or terminate the right to use all or part of the paid services, and may request compensation for the resulting damage, including but not limited to compensation for damages requested by a third party, and all costs incurred to resolve disputes, including litigation costs and reasonable attorney fees.

2.If the paid Privilege Card is terminated early due to breach of contract, the paid fee will not be refunded.

7. Miscellaneous

1.If any part of the payment terms is declared unlawful, invalid, or unenforceable for any reason, that part will not affect the validity and enforceability of the remaining parts.

2.If the company does not take any action, legal or otherwise, for the violation of the payment terms (if any) of the paid Privilege Card , it does not mean that the company waives the right to take action, legal or otherwise, nor does it affect the company's right to future actions, legal or otherwise, regarding similar matters.