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Policies

Terms & Conditions

Last updated 16 January, 2024

By using the websites and/or otherwise accessing the services, you confirm that you are over the age of 18, have read, understood and accepted these terms and that you agree to comply with them and be bound by them. If you do not agree to these terms, you must not use the websites or access the services.              

NOTICE TO UNITED STATES RESIDENTS: By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in clause 29 below. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or arbitration proceeding.

1. Who are we and how can you contact us?

1.1. We are The Novelry Group ('Company', 'we', 'us', or 'our'). The Novelry Group operates The Novelry USA Inc and The Novelry Ltd UK. The Novelry USA Inc is a US company with address at 2171, 447 Broadway, 2nd Floor, New York, NY 10013 USA. The Novelry Ltd UK is a company registered in the United Kingdom at 25 Eccleston Place, London, SW1W 9NF, United Kingdom. The Novelry Ltd UK’s VAT number is GB332 5523 25. 

1.2. If you are a resident of the United Kingdom, your contract is with The Novelry Ltd UK when you use our Websites or our Services. If you are resident outside of the United Kingdom, your contract with The Novelry USA Inc when you use our Websites or our Services. 

1.3. You can contact us by phone at (+44)770 015 3560, email at hello@thenovelry.com, or by writing to 25 Eccleston Place, London, SW1W 9NF, United Kingdom.

2.What’s in these Terms?

2.1. The Novelry is an online creative writing school which provides:

    2.1.1.    online writing courses;

    2.1.2.   coaching sessions with independent coaches; and

    2.1.3.  a Community (as defined in Clause 10.1, below)

    together the ‘Services’.  

The Services are provided via our websites: www.thenovelry.com and www.thenovelry.live (the ‘Websites’). These Terms and Conditions (the ‘Terms’) tell you the rules for using the Websites to access the Services as well as any other related products and services provided by us. 

3. By using the Websites or the Services you accept these Terms

You are responsible for ensuring that all persons who access our Websites or Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. We recommend that you print a copy of these Terms for future reference. 

Please note that the Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services and should not use the Websites.  

4. Changes to these Terms

We may change these Terms at any time. The new Terms will be displayed on the Websites. Following any update to these Terms, the ‘Last updated’ information at the top of the Terms will be updated. It is your responsibility to periodically review these Terms to stay informed of updates to them. We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part of it) with or without notice. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Websites and/or the Services. 

5. Changes to the Websites

We may also update and change the Websites from time to time to reflect changes to our Services, our users' needs, and our business priorities. We do not guarantee that the Websites, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Websites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6. When these terms apply

These Terms shall remain in full force and effect while you use the Websites or the Services. We reserve the right to deny your access to and use of the Websites and the Services at any time.  We may terminate your use or participation in the Services or delete your account and any Content or information that you posted at any time without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Websites or the Services will cease immediately. If we terminate or suspend your account for any reason, you may not create a new account under your name or any other name, even if you may be acting on behalf of the third party. 

7. Your access to the Websites and Services

7.1. When using the Websites or the Services on your mobile, laptop, desktop, or other device (your ‘Device’), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

7.2. The Novelry is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Websites or the Services, including but not limited to screen display operation features of your Device. 

8. Our Services

8.1. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

8.2. You may be required to register to use the Services. When you create an account with us, you must provide us information that is accurate and complete and that you have permission to use. You also must not use as a username a name that is otherwise offensive, vulgar or obscene. We reserve the right to remove, reclaim, or change a username you select if we consider that it is inappropriate, obscene, or otherwise objectionable. 

8.3. You are responsible for safeguarding any password or other piece of information that you use as part of our security procedures to access the Services and the Websites. You must not disclose this information to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account using the contact details set out at clause 1.3.

8.4. You agree to pay all fees and taxes incurred by you or anyone using your account. You acknowledge you are fully liable for all charges to your account, including any unauthorized charges. 

9. Intellectual property rights

9.1.  We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services, including Submissions as defined in clause 9.5, (collectively, the  'Content'), as well as the trademarks, service marks, and logos contained therein (the  'Marks'). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. You are not permitted to use them without our approval. The Content and Marks are provided in or through the Services for your personal, non-commercial use only.

9.2. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You may not access the Websites or the Services or use the Content in any other way except as set out in these Terms without our permission. We reserve all rights not expressly granted to you in and to the Websites, Services, Content, and Marks.

9.3. Any breach of these Intellectual Property Rights will constitute a material breach of these Terms and your right to use our Services will terminate immediately.

Your Submissions and Contributions 

9.4. Please review this section carefully before using our Websites or Services to understand the (a) rights you give us; and (b) obligations you have when you post or upload through the Websites or the Services.

Submissions

9.5. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission, regardless of any conditions you may have attempted to place on your Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. If for any reason such assignment is ineffective, you agree to grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, copy, reproduce, disclose, sub-license, distribute, modify and exploit the Submission without restriction. 

Contributions 

9.6. The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). 

9.7. You understand that Contributions may be viewable by other users of the Services and through third party websites.

9.8. The Novelry is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Websites or the Services via any function that allows you to submit Contributions. Contributions are entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Contributions may be protected by intellectual property rights owned by third parties. 

9.9. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9.10. When you upload or post Contributions to the Websites, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that Contribution (including use of your name, image, voice and any company names, trademarks and logos) on our Websites and in connection with the Services and the service provided by the Websites. You also hereby grant each user of the Websites or the Services a non-exclusive license to access your Contributions through the Services while the Contribution is made available through the Services. 

9.11. You are responsible for what you post or upload and by sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts,  you confirm that:

    9.11.1.  you will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, plagiarised, defamatory, libelous, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, misleading, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable;

    9.11.2.  the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions and/or Submissions do not and will not infringe the intellectual property rights or proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party;

    9.11.3. you are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Terms; and

    9.11.4.  you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Terms.

9.12. You acknowledge and agree that: (i) by using the Websites or the Services, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and The Novelry has no responsibility to you or any third party for any Contributions that you create, submit, post or publish on our through the Websites or the Services; (iii) The Novelry does not guarantee any confidentiality with respect to your Contributions; and (iv) The Novelry is not responsible for any Contributions provided by third parties that you may have access to through your use of the Websites or the Services and all Contributions are the responsibility of the person from whom such Contribution originated. You acknowledge and agree that (y) The Novelry has no control over and is not responsible for the use of Contributions by its users, including any user that has downloaded Contributions to a personal device; and (z) The Novelry may not be able to remove Contributions that are downloaded onto a user’s Device. The Novelry does not endorse any Contribution, or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Contributions. 

9.13.  You acknowledge that you are solely responsible for your Contributions and you agree that, under no circumstances, will The Novelry be liable in any way for any Contribution, and that your will reimburse us for any losses that we may suffer because of your breach of: (a) this clause 9, (b) any third party’s intellectual property rights, or (c) applicable law. 

9.14.  Although we have no obligation to monitor any Contributions, we shall have the right to remove, move or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.  

9.15.  We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to clause 21 below. 

10. Use of the Community

10.1.  The Novelry hosts a community space with online discussion boards which can be accessed at: www.thenovelry.live (the ‘Community’). The Community website is provided by a third party supplier called ‘Circle.So’. 

10.2.  The Community is intended to provide a safe space for like-minded people, whether online in the Community or in online live workshops. It is a space for writers, writing.  Content is to be shared by users in the Community on the express condition it is not to be shared, copied or re-used outside of the Websites and such sharing, copying and re-using is prohibited. This enables users to share with confidence.

10.3.  In the Community you must not:

   10.3.1.  make comments or post material that may cause hurt and offence to others that are abusive, extremist, hateful, harassing, obscene, threatening, racially offensive or contentious, lewd, pornographic, in violation of intellectual property rights, rights of confidentiality, or rights of privacy, invasive of a person's privacy, or otherwise in violation of any law. You also must not post statements or materials that encourage criminal conduct or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, age, or that would give rise to civil or criminal liability or otherwise violate any law or regulation in any jurisdiction. If you believe such material is essential to your story and it does not necessarily reflect your views then you should discuss the matter in your one-to-one coaching sessions and must not raise the matter in a communal space where participants are unprepared and might be distressed or offended. We reserve the right to remove, move or edit any post for any reason at any time;

   10.3.2.  message members directly asking them to read your work. The Community is our safe space reserved for that purpose;

   10.3.3.  set up small groups to workshop together on writing a first draft - these are not considered safe spaces by us;

   10.3.4.  promote goods or services. If you want to refer your fellow writers to something on sale elsewhere, for writers, then please be in a position to vouch for it having purchased and used yourself; and/or

   10.3.5.  make comments or post material that is not related to your writing or the writings of others. This includes not commenting or posting material about politics, petitions, fundraising, divisive, potentially wounding or inflammatory issues. 

10.4.  In using the Community you agree as follows:

   10.4.1.   I will give kind, constructive feedback and respect the Community ethos;

   10.4.2.  Before I ask for feedback on any written work, I will give three pieces of feedback on the work of others;

   10.4.3.  I will post less than 2000 words each time I ask for feedback;

   10.4.4.  I will make myself known honestly and fairly to my fellow members using my real first name and surname; and

   10.4.5.  I will not share any material from inside of The Novelry outside of The Novelry. I will keep the Content and any Contributions accessible to me confidential at all times. I will respect the intellectual property rights of others and I will not plagiarise the work of others. 

10.5.  Please note we strongly suggest you only post work at second draft and beyond for feedback from your fellow writers, so please wait to share your writing. 

11. Coaching and editor sessions

11.1.  You may cancel and reschedule your appointment with your coach through our online self-service scheduling calendar. If you do not cancel your appointment at least 24 hours prior to the appointment and fail to attend, you will still be charged for the appointment. All coaching sessions or editorial sessions included in your course must be taken within the period of your course subscription. Your coaching sessions will always be online.

11.2.  You must not request to meet a coach in person, or send them email to their personal email addresses or direct message them. Please reserve your questions to an online Zoom coaching session via The Novelry and do not email your coach between sessions.

11.3.  If you cancel or fail to make a subscription payment for your course, your coaching sessions will be cancelled upon cancellation.

11.4.  You will require high-speed internet to take our courses and for the live video session. If you are unable to join the video calls, due to any circumstances or are unable to use the video feature including the camera, you may not be entitled to your coaching sessions. For the sake of a professional coaching relationship based on trust, we require you to be visible for your coaching sessions.

11.5.  You should be willing to engage in the coaching process in an honest, open and respectful manner. We will ask you have your camera on, are able to make eye contact, that you refrain from cancelling less than 24h in advance, that you do not email your coach between sessions, and that you do not read your work aloud in the sessions so as to monopolize the session with reading and preclude conversation necessary for good story development. 

11.6.  When you join live group classes or workshops or events, the sessions may be recorded and you hereby give your permission for your participation to be recorded and available to you and other members in our library of video content.

11.7.  We expect clients to behave in a professional manner and reserve the right to stop working with a client who is not able to engage with our coaching process in a way we deem reasonable. We reserve the right to refuse work without further explanation.

11.8.  You agree not to make any audio or visual recordings of the materials. You may not make recordings or copy live sessions, group meetings, or any content or material.


12. Manuscript assessments

12.1.  For a fee, we provide a one-off independent critique of a fiction or memoir manuscript to 100,000 words. Manuscripts over this word count will be subject to a pro-rate charge by word whether purchased singly or included in a course product or plan. 

12.2.  We cannot put you in direct contact with any member of staff, but we will do our best to convey messages and requests as deemed reasonable. If a report is deemed unclear, we will seek clarification from our editor and advise accordingly. We will decide in-house who the most suitable editor for the work is, and aim to make a good match each time. The Novelry's decision is final in the choice of editor. 

12.3.  We reserve the right to return your work and payment to you should we fail to find a suitable editor. In these exceptional circumstances, a full refund will be issued. Refunds can be made only within the first 14 days after purchase payment and cannot be made after the service has been completed.

12.4.  We aim to provide an assessment within 6-8 weeks but cannot guarantee this. You may be asked to join a waitlist and we will keep you informed of timings. Manuscripts must be supplied in Word document format, uploaded via our online form as documents double-spaced, in 12-point font with page numbers inserted, and printed on single sides of A4, unbound and numbered. We strongly advise you to have grammar and spell-checked your document in advance for the best possible use of our time. We will return documents which cannot reasonably be read. Amended manuscripts cannot be accepted once the work has been submitted to our editorial team.

12.5.  In cases where you wish to lodge a complaint, we ask that you send an email no earlier than one week after receiving your report. We will do our utmost to resolve the situation. We ask that any feedback of this nature be submitted to us within no longer than six weeks of receipt of your report in order to help us resolve issues whilst the editor has the text relatively fresh in their mind. We cannot deal with complaints raised more than six weeks after receipt of your report. Your work will be treated in the strictest confidence. The copyright of your work is automatically yours and remains yours at all times. The copyright of the report remains with The Novelry.

12.6.  Permission should be sought from The Novelry before quoting a report, for example to agents or on personal websites or social media. In the event that we wish to forward your work to agents or publishers on your behalf, we will never do so without seeking your permission first. We will not ask for any commission from you for this service. We expect clients to behave in a professional manner and reserve the right to stop working with a client should their manner be offensive to our staff. We reserve the right to refuse work without further explanation.

12.7. If you enrol on an instalment payment plan for The Finished Novel Course which includes the manuscript assessment service, all payments must be made before your use of the service.


13. Management, suspension and withdrawal of our Services

13.1.  We reserve the right, but do not have an obligation, to:

   13.1.1.  change, modify, or remove the contents of the Services at any time or for any reason;

   13.1.2.  monitor the Services for violation of these Terms; and/or

   13.1.3.  otherwise manage the Services in order to protect our rights and property and ensure the Services function properly.

13.2.  We cannot guarantee the Services will be available at all times. We may need to suspend the supply of the Services. We do this to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; or make changes to Content on the Websites. 

13.3.  We will contact you in advance to tell you we're suspending supply of the Services, unless the problem is urgent or an emergency. If we suspend Services, or tell you we're going to suspend Services, you can contact us to end the contract and we'll refund any sums you've paid in advance for Services you won't receive.


14. Orders and payments

14.1.  All Services purchased on the Websites are subject to a one-time payment or subscription plan as indicated at the time of order. We will charge you when we accept your order or booking for our Services. Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by your card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery of your order. 

When you enroll in a subscription plan, we may submit periodic charges without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect any charges submitted before we could reasonably act to terminate your authorization or to change your payment method or the subscription.

14.2.  You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, including the purchase of online courses and coaching sessions. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We reserve the right to cancel your order or subscription plan (see below) if payment fails. 

14.3.  When you make a purchase with us, you agree to our sending you emails to communicate about the Services and other offers. Should you unsubscribe, we are not liable for any failure on your part to access the Services.

14.4.  VAT will be added to the price of purchases as required and we will pass on increases in VAT if the rate of VAT changes between your order date and the date we supply the product, unless you have already paid in full before the change in the rate of VAT takes effect.

14.5.  We reserve the right to revise the price of our Services before accepting an order, or reject orders you place for any of our Services for example, because a payment method we have obtained is unsatisfactory or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

14.6.  Our special offers apply to our fully priced courses with coaching and cannot be redeemed with any other coupon or discount; they are available during the period of the promotion only and may be withdrawn at any time. Special offers do not apply to graduate plans. From time to time we may offer discount codes or coupons. These are for one redemption use only, one per household or person. They must be redeemed within 28 days of the offer. These coupon codes apply only to the products indicated in the offer. From time to time we may offer a free trial of our courses. At the end of your free trial access to the sampled course content will automatically expire. To cancel your free trial, do not access the Websites, but please log into your account and unsubscribe. The free trial is available for a single use per customer once only and is not to be redeemed more than once. The free trial is not available to those who have previously tried or used the courses. Your free trial does not include membership or member support from our help desk or team. You are not eligible to join the membership Community via the free trial. We reserve the right to cancel your free trial at any time.

14.7. We cannot pause or freeze courses, irrespective of individual circumstances. You may extend your subscription to your course or membership with one of our extension plans.


15. Scholarships and bursaries

These offers are made on the basis of honest representation of the individual's circumstances at the time of application. If this is later found to be untrue, the bursary or scholarship may be withdrawn. Neither bursaries nor scholarships are transferable. The Novelry retains the right to ask you for evidence of any claim you make in your application with regard to either your financial status or your work. Our decision will be final. The Novelry reserves the right to withdraw you from a scholarship or bursary if your conduct does not accord with the standards of our community participation. In such an event, you will not be eligible to transfer to a paid place. The bursary or scholarship must be taken in the calendar year it is granted.  

16. Confidentiality

Any information or teaching or other material, correspondence and attachments, operational processes, know-how, and trade secrets (including Content and Contributions) related to or otherwise accessible through our Services and the Websites is confidential (“Confidential Information”). You agree to keep confidential, during and after your use of the Services, any and all Confidential Information from or provided by our Services or shared by other users of the Services. You agree not to disclose any Confidential Information without our express written permission. 

17. Links to other websites (including affiliate links)

17.1.  Our Services may contain links and affiliate links to third-party websites or services that are not owned or controlled by us. Any link to any third-party website should not be interpreted as our approval of that website or any of the content contained within such website.

17.2.  Products described on such a website may be sold by companies with which The Novelry has an affiliate relationship or another type of relationship. Similarly, books described on this website may be written by authors who are affiliated with this website. Some of the links on this website may contain an affiliate code, meaning that we receive a commission if you purchase a product as a result of clicking on that link. The Novelry is a participant in the Amazon Services Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. 

17.3.  We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services that we may link to. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

18. Cancellation policy

18.1.  For coaching session cancellations, see Clause 11. You can inform us of your decision to cancel any other of the Services (including subscriptions) by email: hello@thenovelry.com. We will reimburse you once we receive your request. We will refund you by the method you used for payment. We don’t charge a fee for the refund. 

18.2.  We can end our contract with you for a Service and claim any compensation due to us if:

   18.2.1.  you don't make any payment to us when it's due and you still don't make payment within 15 days of our reminding you that payment is due; or

   18.2.2.  you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product.

19. Prohibited activities

19.1.  You may not access or use the Websites or the Services for any purpose other than that for which we make the Websites or Services available. The Websites and Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

19.2.  As a user of the Services, you agree not to:

   19.2.1.  Systematically retrieve data or other Content/Contributions from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

   19.2.2.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

   19.2.3.  Circumvent, disable, or otherwise interfere with security-related features of the Services;

   19.2.4.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;

   19.2.5.  Use any information (whether it be Content and/or Contributions) obtained from the Services in order to harass, abuse, or harm another person;

   19.2.6.  Make improper use of our support services or submit false reports of abuse or misconduct;

   19.2.7.  Use the Services in a manner inconsistent with any applicable laws or regulations;

   19.2.8.Engage in unauthorised framing of or linking to the Services;

   19.2.9.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;

   19.2.10.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

   19.2.11.  Delete the copyright or other proprietary rights notice from any Content/Contributions;

   19.2.12.  Attempt to impersonate another user or person or use the username of another user;

   19.2.13.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');

   19.2.14.  Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

   19.2.15.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;

   19.2.16.  Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;

   19.2.17.  Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

   19.2.18.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;

   19.2.19.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software;

   19.2.20.  Use a buying agent or purchasing agent to make purchases on the Services;

   19.2.21.  Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;

   19.2.22.  Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise;

   19.2.23.  Use the Services to advertise or offer to sell goods and services;

   19.2.24.  Sell or otherwise transfer your profile;

   19.2.25.  Copy or make copies of any Content/Contributions on our Websites;

   19.2.26.  Solicit or engage in communication with members of staff outside of The Novelry; 

   19.2.27.  Breach the confidentiality, privacy or infringe the copyright or other intellectual property rights of any other member of The Novelry or any third party;

   19.2.28.  use (and not to authorise others to use) artificial intelligence or any similar technologies (whether now known or hereafter developed) (“AI”) to generate all or any part of any Submissions and/or Contributions;

   19.2.29.  use (and not to authorise others to use) any Content, Marks, Submissions, and Contributions for training AI;

   19.2.30.  Present or pass off Submissions and/or Contributions to which you cannot claim as your own or establish copyright;

   19.2.31.  Transmit any Submissions and/or Contributions that is unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable; 

   19.2.32.  Impersonate any person or entity including The Novelry and its employees or representatives; and/or

   19.2.33.  Make recordings or copy live workshops, classes, one-to-one sessions, group meetings, or any content or material.

19.3.  If we detect your Contributions and/or Submissions have been created using AI we may decline to submit your manuscript to our literary agency partners. You agree to permit us to use your name on the Websites and in advertising should you be offered representation by a literary agent, a publishing contract or win an award for your writing.

20. Privacy policy

We care about data privacy and security. These Terms also incorporate the terms of our Privacy Policy, which explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy, and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy. Please review our Privacy Policy: https://www.thenovelry.com/pages/privacy

21. Copyright infringement and DMCA notice

21.1.  If you believe that any material available on or through the Websites or the Services infringes upon any non-US copyright you own or control, please immediately notify us using the contact information provided at clause 1.3 (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material. Please be advised that, pursuant to applicable law, you may be held legally responsible if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider contacting a lawyer.

21.2.  If you believe that any material available on or through the Services or Websites infringes upon any US copyright you own or control, you must notify us in accordance with this clause 21.2.

   21.2.1.  DMCA Policy. The Novelry has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of The Novelry or of a third party, or otherwise violated any intellectual property laws or regulations. The Novelry’s policy is to investigate any allegations of copyright infringement brought to its attention.

   21.2.2.  Take-Down Notice. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want The Novelry to delete, edit, or disable the material in question, you must provide The Novelry with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act) to our designated copyright agent set forth below:

  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • Identification of the copyrighted work (or works) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Novelry to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
  • Information reasonably sufficient to permit The Novelry to contact you, including your address, telephone number, and e-mail address at which you may be contacted;
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, or your agent, or the law;
  • A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C. § 512(c)(3) for further information.

For this notification to be effective, you must provide it to our Copyright Manager by email at hello@thenovelry.com. You can also mail your DMCA request to:

Attn: Copyright Manager
The Novelry USA Inc 
2171, 447 Broadway, 2nd Floor 
New York, NY 10013 USA

Mailing DMCA notices may delay the processing of your request. Only copyright complaints should be sent to the Designated Agent. No other communications will be accepted or responded to.

If you fail to comply with each requirement above, your DMCA notice may not be valid and may not be acknowledged. Once proper notice is received by the Designated Agent, it is The Novelry’s policy to investigate the claim and notify the alleged infringer of your claim. If we determine that you have raised a legitimate copyright claim, we will remove or disable access to the infringing material and notify the content provider, member, or user that we have removed or disabled access to the material. In addition, repeat offenders will have the infringing material removed from the system and The Novelry will terminate such content provider’s member’s or user’s access to the Services.

   21.2.3.  Counter-Notice. If you believe that the material that was removed or to which access has been disabled is either not infringing, or you believe that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number; and
  • A statement that you consent to the jurisdiction of the federal district court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

If a counter-notice is received by the Designated Agent, The Novelry may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at The Novelry’s discretion.


22. Complaints

Please contact us if you have any complaints or issues at (+44)770 015 3560, or by email at hello@thenovelry.com

23. Indemnity

You agree to indemnify and hold us and our parents, subsidiaries, affiliates, and their respective business partners, licensees, licensors, officers, directors, members, employees, and agents (the ‘Indemnified Parties’) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Websites or the Services; (b) your breach or violation of any of these Terms; (c) your violation of the rights of any third party; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentations made by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. 

24. Disclaimers

24.1.  The Websites and Services are provided on an as-is and as-available basis. You agree that your use of the Websites and Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Websites and Services and your use of them, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

24.2.  We make no warranties or representations about the accuracy or completeness of the Websites or Services' content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any:

   24.2.1.  errors, mistakes, or inaccuracies of any Content, Submissions and/or Contributions;

   24.2.2.  any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

   24.2.3.  any interruption or cessation of transmission to or from the Websites or Services;

   24.2.4.  any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Websites or Services by any third party; and/or 

   24.2.5.  any errors or omissions in any Content, Submissions and/or Contributions or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Websites or Services. 

   24.3.  To the maximum extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Websites or the Services whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the Websites or the Services and all information and Content included on the Websites or the Services.

No information or advice obtained through the Websites or the Services, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. 

   24.4.  We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.


25. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26. Limitations of liability

26.1.  We only supply the Websites and the Services to you for domestic and private use. We are not liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data,  any breach of security or any damage to your Device, personal injury, property damage, or other damages arising from, relating to, or in any way connected with your use of or the performance of the Websites, the Services, Content, Submissions and/or Contributions, or these Terms, arising and whether framed in contract or tort, regardless of the negligence (either active, affirmative, sole, or concurrent) of The Novelry, even if we have been advised of the possibility of such damages. 

26.2.  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

26.3.  Subject to the above, our liability to you under any circumstances will be limited to the amount paid by you to us during the six (6) month period prior to any cause of action arising. 

26.4.  If you are a California resident, you waive California civil code section 1542, which states: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

27. Notice for California residents

In accordance with California Civil Code § 1789.3, you can report complaints the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

28. Notice for New Jesey residents

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: clause 24 (Disclaimers), clause 24 (Limitations of liability), and the English governing law provision of clause 30.6 (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

29. Dispute resolution – United States residents only

This clause 29 applies only to residents of the United States. Non-US residents may bring any claims in accordance with clause 30.6.

29.1.  User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us as described in clause 1.3.

29.2.  Disputes. By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Websites, the Services, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.

29.3.  Arbitration Procedures. In the event your concern cannot be resolved informally, you and The Novelry agree that, except as provided in clause 29.6 below, all Disputes, (each, for purposes of this clause 29, a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this clause 29 and the JAMS Rules, the terms in this clause will control and prevail.

Except as otherwise set forth in clause 29.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and The Novelry will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and The Novelry may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. 

In the case of arbitration and where permitted by law, you are agreeing to give up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court.

29.4. Location. The arbitration will take place in the City and County of New York, New York, United States of America, unless the parties agree to video, phone, or internet connection appearances.

29.5.  Limitations. You and The Novelry agree that any arbitration shall be limited to the Claim between The Novelry and you individually. You and the novelry agree that (i) There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; (ii) There is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (iii) No arbitration shall be joined with any other arbitration.

29.6.  Exceptions to Arbitration. You and The Novelry agree that the following Claims are not subject to the above provisions concerning arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration. 

29.7.  Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

29.8.  Severability. You and The Novelry agree that if any portion of this clause 29 is found illegal or unenforceable (except any portion of clause 29.6), that portion shall be severed and the remainder of the clause shall be given full force and effect. If clause 29.6 is found to be illegal or unenforceable then neither you nor The Novelry will elect to arbitrate any Claim falling within that portion of clause 29.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the City and County of New York, New York, United States of America, and you and The Novelry agree to submit to the personal jurisdiction of that court.


30. Miscellaneous

30.1.  We may transfer our rights and obligations under these Terms to another organisation. If you are a consumer, we will do our best to tell you if this happens and we will ensure that the transfer will not affect your rights under the contract. 

30.2.  You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

30.3.  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

30.4.  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

30.5.  If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

30.6.  These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts but if you live in another country, you can bring a claim in the courts which are local to you. Notwithstanding the foregoing, residents of the United States agree to arbitrate all Disputes in accordance with clause 29 (Dispute resolution – United States residents only)