Last Update: July 28th 2015
We may offer services, features, or functionality that is operated by a third party and made available through our Services (including services we may offer jointly with a third party), (collectively “Third Party Services”). In the event that you use Third Party Services, the terms from each party shall govern the respective party’s relationship with you.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND NOWL WILL BE RESOLVED BY MANDATORY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Below are the terms and conditions that all users must follow:
Below are all the restrictions set for users to create a safe and enjoyable environment:
NOWL may remove any user Content from Services or make any changes to Services at any time for any reason, without prior notice. It is possible that Content may not be accessible by user though Services, but still may be stored by NOWL for any reason including legal obligations.
Violation of Terms may result in the termination of a user’s NOWL account. It is the sole discretion of NOWL to determine whether a user has violated any Terms and whether a user account will be suspended or terminated. In addition, if a user creates risk or possible legal exposure for NOWL, the user’s account can also be terminated under the sole discretion of NOWL. If a user account is terminated, the user loses any rights or privileges gained by being a user.
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; widgets; artwork; information; data; designs; compilations; advertising copy; logos; domain names; NOWL logos, trademarks and services marks, and any other NOWL product and service names that are trade identities of NOWL (the "NOWL Marks"); any and all copyrightable material (including source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the Services; and all other materials related to the Services (collectively, the "Materials") are owned, controlled or licensed by NOWL, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by NOWL, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for NOWL and/or its parent, members, managers, subsidiaries affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way NOWL's rights to exploit fully any or all of the Materials.
You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of NOWL's rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of NOWL, unless and except as is expressly provided in these Terms. Any other use of the Materials or NOWL Marks without the prior written authorization of NOWL is strictly prohibited.
You may visit our Services without further permission from NOWL and NOWL grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use, download, view or play the Materials. This license is subject to your full compliance with these Terms. When you download or use Materials, you agree to and you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any code associated with the Services. You also agree that you will not, including by use any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage or as expressly authorized by NOWL).
Except as expressly set forth elsewhere in these Terms, nothing in these Terms will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Materials or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Materials. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Materials, or disseminate any Materials in any manner to the public (for free or for a fee).
You may not use the Services for any purpose or in any manner that infringes the rights of any third party. NOWL encourages you to report any content on the Services that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Services infringe your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), NOWL has a designated agent for receiving notices of copyright infringement and NOWL follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NOWL's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. NOWL’s copyright agent can be reached at email@example.com or via mail at 12530 Beatrice Street, Los Angeles, CA 90066, Attn: NOWL Copyright Agent.
These Services, including, without limitation, any content provided by NOWL, is provided on a “as is”, “as available”, and “with all faults” basis. To the fullest extent permissible by law, neither NOWL nor any of NOWL’s employees, managers, officers, contractors, or agents (collectively, the “NOWL Parties”) make any representations or warranties or endorsements of any kind whatsoever, expressed or implied, as to Services and all content, whether user or NOWL content, and the security of communication with Services. The NOWL Parties hereby disclaim all warranties, expressed or implied, including, but not limited to, the warranties of merchantability, non-infringement, title, custom, system integration or compatibility, and freedom from computer virus.
All users must acknowledge that they use the Services at their own risk. The NOWL Parties do not represent or warrant that the Services will be error-free, uninterrupted, or that the Services are free from any harmful components, including, but not limited to viruses. The NOWL Parties are not responsible to fix any defects whether cosmetic or severe nor do they represent or warrant the accuracy, completeness, or usefulness of any information including but not limited to any instructions on the Services. If any of the Terms are found to be not applicable to a user due to legal jurisdiction or legal ruling, the remaining Terms will remain intact and binding. By accessing or using these Services you represent and warrant that accessing and using these Services is lawful in the jurisdiction where these activities occurred.
By using the Services, you agree to indemnify, defend, and hold harmless the NOWL Parties from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including but not limited to any and all legal fees) due to or relating in any way to your use of these Services or your violation of these Terms including but not limited to posting of any content on Services which you either did not own or did not have the rights or licenses to post.
In no event shall NOWL Parties be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages that result from the use of the Services, the inability to use the Services, the information within or related to Services including but not limited to instructions, or the actions of any users. You assume total responsibility in using the Services and the only remedy for dissatisfaction with the Services is to discontinue any usage with Services. If, notwithstanding these Terms, NOWL is found liable to you for any damages or loss which arises out of or is any way related to your use of the Services or any content, NOWL’s liability shall in no event exceed $1.00. In the event your jurisdiction does not allow a limitation of liability, the foregoing limitation of liability may not apply to you.
You and NOWL agree to arbitrate any dispute that arises or is related to the Terms or Services, except in the case where either party seeks equitable and any relief for the alleged unlawful use of copyrights, trademarks, trade names, trade secrets, logos, or patents; and that any arbitration prevents you from suing in court or from having a jury trial. Arbitration prevents you from suing in court or from having a jury trial and the arbitration will occur in Los Angeles County, California. The arbitration will be confidentially conducted by a single arbitrator in accordance with the rules of JAMS and the state or federal courts of Los Angeles County, California shall have exclusive jurisdiction over any appeals of an arbitration award and any other suit, if any, between the parties that is not subject to arbitration. You and NOWL agree that any dispute heard in arbitration or in court will not commence against the other a class action, class arbitration or representative action or proceeding.
You agree that any claim that may arise from or due to these Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. Any dispute between you and NOWL will be governed by the Terms and the laws of the State of California and any applicable laws of the United States, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
A lawsuit, if any, by you or NOWL against the other will occur in state or federal court in Los Angeles County, California. You agree that the jurisdiction and venue of these courts is exclusive.
You must agree that NOWL cannot and will not be responsible for any user Content posted on the Services and users use these Services at their own risk. Users are responsible for their own Content and conduct used with these Services. By using these Services you agree that NOWL is not responsible or liable for the conduct or Content of any user.
While Services may directly or indirectly offer advertisements from third parties, users expressly acknowledge and agree that NOWL is in no way responsible for any offered third party services or products. User interaction and business dealings related to advertisements from third parties through Services are solely between the user and third parties.
NOWL reserves the right to refuse access to Services to any user for any reason at any time.
NOWL reserves the right to change account settings for any reason (i.e. changing an account’s username if the account is not authorized to use a trademarked name) at any given time.
If you are using these Services on behalf of a legal entity, you represent that you are authorized to enter in an agreement on behalf of the legal entity. You will not assign the Terms or assign any rights, responsibilities, or liabilities and any purported assignment or delegation by you without prior written consent by NOWL.
NOWL reserves the right to change these Terms at any time, and any updated Terms will be effective at the time of posting and will apply to the user of Services from that point forward. Your continued use of the Services following changes to our terms constitutes your acceptance of our amended terms.
If any provision of the Terms is found by a court within specific jurisdictions to be invalid or otherwise unenforceable, both you and NOWL agree that such portion will be severable from the Terms and the remaining provisions of the Terms will remain in full effect and force.
If you want to contact us or have questions about the Terms or other policies and practices, please write to us at firstname.lastname@example.org