Terms of use

Terms of Use

Effective Date: July 1, 2019

These Terms of Use, together with our Privacy Policy, govern the use of the Now United website (the “Site”), which is made available by or on behalf of XIX United LLC (“XIX United,” “we,” “us” or “our”). Please read these Terms of Use and our Privacy Policy carefully before using the Site. By using the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with anything stated in these Terms of Use or our Privacy Policy, please exit and discontinue use of the Site.

1. Certain Definitions. As used in these Terms of Use:

▪     “Content” means all content, information and material made available on or through the Site, including, without limitation, text, photos, images, graphics, music, audios, videos, and digital goods (such as downloadable audio and/or video files in any format), as well as all layout design and look and feel elements of the Site.  

▪     “Now United” means the global pop music group known as “Now United.”

▪     “Suppliers” means all of the following: (i) third parties that license their intellectual property to XIX United for use in connection with the Site, including, without limitation, the group members of Now United; (ii) third-party sponsors and promotion partners of Now United; and (iii) third parties that provide software and/or other technology components or support to XIX United in connection with the operation of the Site.

▪     “User” or “you” means anyone who uses the Site.

2. Changes. From time to time we may change these Terms of Use. Any material changes to these Terms of Use will be effective thirty (30) days following our notification to you by email or by posting a notice of the changes on the Site. By continuing to use the Site after such 30-day period, you are deemed to have agreed to the changes. If you do not agree with a change to these Terms of Use, your sole and exclusive remedy will be to discontinue use of the Site.

3. Consent to Electronic Communications. By using the Site and providing your email address and/or mobile number, you consent to receiving electronic communications from us that are related to your use of the Site. These electronic communications may include emails, text messages, and (if you have registered on the Site) notifications directly posted to your account on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.

3. Account Registration. Access to certain features of the Site (such as member-exclusive content) requires the registration of an account. By registering an account on the Site, you warrant that all account information you submit is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any User you allow to access your account, and any misconduct by you or any such User may result in termination of your account.

4. Mobile Service Charges. If you use the Site on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data and/or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.

5. Reservation of Rights. We reserve the right to modify or discontinue all or any part of the Site at any time in our sole discretion, with or without notice. We will not be liable to you or to any other User, if for any reason all or any part of the Site becomes unavailable at any time or in any location. If you register an account on the Site, we reserve the right to suspend or terminate your account, if we determine (in our sole judgment) that you are in violation of these Terms of Use or any applicable law or that your use of the Site may expose us to liability of any kind, or may adversely affect the brand or reputation of Now United.

6. Intellectual Property Rights. The Site and all Content and all associated worldwide copyrights and other intellectual property or proprietary rights, are the property of XIX United and our affiliates, and are protected by intellectual property and other laws in the United States and other countries.Other than a limited license to use as specified in Section 7 below, you have no other right or license with respect to the Site or any Content. Any unauthorized use of the Site or any Content is strictly prohibited and may result in civil and/or criminal penalties. 

The name NOW UNITED® is a registered trademark of XIX United. Any unauthorized use of that name is strictly prohibited and may result in civil and/or criminal penalties. Third-party marks and logos, including those of our Suppliers, appearing on the Site are the property of their respective owners.

The Site uses software and other technology components provided by our Suppliers. Our Suppliers reserve all intellectual property and other proprietary rights in and to such software and other technology components, and any unauthorized use thereof is strictly prohibited and may result in civil and/or criminal penalties.

7. Limited License; Prohibited Uses. Subject to your compliance with these Terms of Use and all applicable laws, XIX United hereby grants you a revocable, non-exclusive, non-transferable, limited license to access the Site and Content for your own lawful personal and noncommercial use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us if you violate these Terms of Use or any applicable law. Unauthorized use, reproduction, modification, public display, public performance, or distribution (including by sale, lending, or otherwise) of any Content is strictly prohibited and may result in civil and/or criminal penalties. We reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms of Use. 

Without limitation to the generality of the foregoing, if you download any Content from the Site, you understand and agree that you are only authorized to retain such downloaded Content for your own lawful personal and noncommercial use only and that you are not permitted to distribute (including by sale, lending, or otherwise), transfer, or otherwise disseminate such downloaded Content (or any derivative work thereof) to others.

You shall not: (i) use the Site or Content other than for your own lawful personal and noncommercial use only; (ii) use the Site or Content for fraudulent, impersonation, harassment, bullying, or other malicious purposes; (iii) disrupt or interfere in any way with the operation of the Site or any server, network or system associated therewith, or another’s use of the Site; (iv) modify or otherwise make derivative works from, or decompile, disassemble or otherwise reverse engineer, any software or other technology component of the Site; (v) disable, remove, breach, or circumvent any content protection or access control mechanisms (including geo-blocking mechanisms) associated with the Site or any Content; (vi) access another’s account or a password-protected area on the Site without proper authorization; or (vii) use any robot, spider, or other automatic device, process, or means to access the Site or Content for any purpose, including for monitoring or copying of Content from the Site.

8. Store Feature. The Site may include a store feature that enables Users to shop online for Now United merchandise. Use of such store feature (including the making of purchases) may be subject to such additional terms and policies as designated by us or our Suppliers.

9. Special Events. From time to time we may announce special events on the Site and may allow Users to sign up for such events directly on the Site.  Participation in such events may be subject to such additional terms and policies as designated by us or our Suppliers.

10. Social Media Links. The Site contains links to the Now United pages/channels on third-party social media platforms (Facebook, Twitter, YouTube, Instagram, etc.).  When you visit the Now United pages/channels on third-party social media platforms, you are subject to the terms and privacy policies of such third-party social media platforms, and not these Terms of Use or our Privacy Policy.

11. User Feedback. If you submit ideas, suggestions, comments, or other feedback concerning the Site (whether solicited or unsolicited) (“Feedback”) to XIX United, you understand and agree that: (i) XIX United and our affiliates, successors and assigns will be free to copy and use your Feedback for any and all commercial and non-commercial purposes (including, without limitation, for advertising, promotion, merchandising, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and XIX United; and (iv) your Feedback submission may be used and retained indefinitely by XIX United and our affiliates, successors and assigns.

12. No Warranties; Limitation of Liability. THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XIX UNITED AND OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, XIX UNITED AND OUR SUPPLIERS DO NOT WARRANT THAT: (i) THE SITE AND ALL CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE SITE OR IN ANY CONTENT WILL BE CORRECTED; OR (iii) THE SITE AND ALL CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL XIX UNITED OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SITE OR ANY CONTENT OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

13. User Indemnity. You agree to indemnify and hold harmless XIX United and our affiliates, successors and assigns, as well as our Suppliers, from and against any third-party claim (including all liabilities, damages, losses, costs and expenses associated therewith) arising out of or related to: (i) your use or misuse of the Site or any Content; (ii) your violation of these Terms of Use or any applicable law; or (c) your violation of any third party’s rights.

14. Governing Law. These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California, without regard to the conflict of laws principles thereof.

15. Miscellaneous. These Terms of Use, together with the other legal notices referenced herein, constitute the entire agreement between you and XIX United concerning the use of the Site and Content. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any provision of these Terms of Use which by its nature should survive the termination of these Terms of Use shall survive such termination.