Effective Date: July 1, 2019
▪ “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.
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.
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.
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.
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.