NOW LIVE TERMS OF USE
The following (the "Terms") is a binding agreement between you, a user of at least 18 years of age or a single entity ("You", or collectively "Users") and Now Live, LLC ("NowLive") regarding your use of the NowLive web site (located at www.NowLive.com) (“Site”) and other services and networks owned or controlled by NowLive that allow for the distribution and reception of streaming video, audio, and other content (the "NowLive Service").
YOU UNDERSTAND THAT USING THE SITE AND/OR SERVICES (INCLUDING ANY CONTENT PROVIDED THEREON), YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
If you use the NowLive Service on behalf of a business, you hereby represent to NowLive that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in these Terms of Use.
Even though the Site is primarily targeted to United States residents, it may be accessed in other parts of the world because the services are accessed through the Internet. If you are not a resident of the United States and use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility to make sure that your use of the Site complies with all applicable laws in your country of residence.
When using the NowLive Service, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms shall control.
NowLive reserves the right, at NowLive's discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective thirty (30) days after they are initially posted on the Site.
OWNERSHIP OF MATERIALS
All materials on this Site and provided by the NowLive Service (collectively, the "Materials") are the intellectual property of NowLive, its licensors, affiliates and its suppliers. The Materials are protected by copyright, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with NowLive, its licensors, affiliates, or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to NowLive or its affiliates and/or third party licensors. Except as expressly authorized by NowLive, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials.
LIMITED LICENSE GRANTED TO YOU
NowLive hereby grants you a personal, limited, revocable, non-exclusive, non-transferable license to use the NowLive Services for the non-commercial viewing of video streaming provided by NowLive on its Site, subject to your compliance with these Terms.
PROHIBITED USES
YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT, BY ACCESSING THE NOWLIVE SITE AND/OR NOWLIVE SERVICES: (I) IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY; (II) USE THE NOWLIVE SERVICE FOR ANY PURPOSE OTHER THAN TO ACCESS NOWLIVE SERVICE AS SUCH SERVICES ARE OFFERED BY NOWLIVE; (III) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE NOWLIVE SERVICE AND/OR SITE; (IV) USE THE NOWLIVE SERVICE FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY; (V) EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, OR OTHER CONTENT ON THE NOWLIVE SERVICE FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, THE MATERIALS, AND OTHER CONTENT AVAILABLE ON THE NOWLIVE SERVICE IS FOR PERSONAL, NON-COMMERCIAL USE ONLY; (VI) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE NOWLIVE SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION; (VII) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE NOWLIVE SERVICE OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION; (VIII) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE NOWLIVE SERVICE OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS; (IX) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE NOWLIVE SERVICE OR ANY ACTIVITIES CONDUCTED ON THE NOWLIVE SERVICE; (X) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES NOWLIVE MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE NOWLIVE SERVICE.
THIRD PARTY WEBSITES
The Site may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of NowLive and NowLive is not responsible for the contents of any Linked Sites, including, but not limited to, any link contained in such Linked Sites. NowLive is providing these links as a convenience, and the inclusion of the link does not imply endorsements by NowLive of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use regarding each such Linked Site. Any dealings with third parties (including advertisers) included with this website, or participation in any promotions, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or third party. NowLive shall not be responsible or liable for any part of any such dealings or promotions.
EMBEDDABLE PLAYER
An embeddable player is one of the features on the NowLive Site. Subject to these Terms, NowLive grants you a personal, limited, revocable, non-exclusive, non-transferable license to incorporate such embeddable player into your own personal, non-commercial websites, provided that you include a prominent link back to the NowLive Site on the pages containing the embeddable player. You hereby represent and warrant that you shall not attempt to circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any Material or enforce limitations on use of the embeddable player or the Material therein.
USER SUBMISSIONS AND CONDUCT
The “Say Something” section of the Site is accessible to all Users of NowLive. The Section is a vital part of the community of this Site. You shall be solely responsible for your own comments and the consequences of posting or publishing them (“User Submissions”). In connection with User Submissions, you affirm, represent, and/or warrant that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NowLive all of the license rights granted herein.
NowLive does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and NowLive disclaims any and all liability in connection with User Submissions. NowLive does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and NowLive will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. NowLive reserves the right to remove User Submissions without prior notice.
With regard to User Submissions, you must abide by the following guidelines: • Do not post threatening, harassing, defamatory, or libelous material • Do not intentionally make false or misleading statements • Do not offer to sell or buy any product or service • Do not post information that you know to be confidential or sensitive or otherwise in breach of the law. • Do not post attacks of a personal nature or which refer abusively to other companies, commentors or competitors. By submitted a User Submission, you are consenting to its display on the Site. You are also consenting to its use for promotional purposes.
DISCLAIMER OF WARRANTIES AND LIABILITY
NOWLIVE AND/OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE SITE OR ITS NOWLIVE SERVICES FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE NOWLIVE SERVICE, OR ANY PART THEREOF; WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE NOWLIVE SERVICE; AND OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF NOWLIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
YOU UNDERSTAND AND AGREE THAT THE USE OF THE SITE AND THE NOWLIVE SERVICES TO ACCESS, OR OTHERWISE OBTAIN THE MATERIALS OR DATA THROUGH THE SITE IS AT YOUR OWN DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF SUCH MATERIAL. IN THE EVENT YOU ARE IN A JURISDICTION WHICH DOES NOT ALLOW THE ABOVE EXCLUSION OR LIMITATION OF WARRANTIES, THE LIABILITY OF NOWLIVE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND SUPPLIERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL NOWLIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED NOWLIVE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless NowLive, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of (i) any claim due to or arising out of your violation of these Terms; (ii) your use or misuse of or access to the NowLive Service; or (iii) your violation of any law, regulation or third party right, including without limitation, any copyright, property, or privacy right.
NowLive reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NowLive, and you agree to cooperate with NowLive’s attorneys in the defense of these claims.
COPYRIGHT INFRINGEMENT NOTIFICATION
NowLive prohibits the use of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. It is NowLive’s policy to respond to clear notices of alleged copyright infringement. If you believe that any content on the NowLive Site infringes your copyrights, please contact us with a notice that complies with the terms of the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3)). The notice must provide the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit NowLive to locate the material; • Information reasonably sufficient to permit NowLive to contact you, such as an address, telephone number, and, if available, an electronic mail address; • A statement that you have 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 • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please submit such notice to ____________, NowLive’s registered designated copyright agent, at __[need email address]__. NowLive will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement. U.S. law provides significant penalties for submitting such a statement falsely.
BINDING ARBITRATION
THESE TERMS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. IN THE EVENT OF A DISPUTE CONCERNING THE TERMS, POLICIES, NOW LIVE SERVICE, MATERIALS, OR ANY OTHER MATTER RELATING TO NOWLIVE, SUCH DISPUTE SHALL BE SUBMITTED TO A JAMS ARBITRATION ARBITRATOR. THE ARBITRATOR SHALL HEAR AND DETERMINE THE CONTROVERY IN ACCORDANCE WITH APPLICABLE LAW AND THE EVIDENCE PRODUCED AT THE ARBITRATION HEARING. SUCH PRE-ARBITRATION DISCOVERY SHALL BE PERMITTED TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW APPLICABLE TO ARBITRATION PROCEEDINGS. THE ARBITRATOR SHALL DECIDE ALL DISCOVERY DISPUTES. THE ARBITRATOR SHALL NOT HAVE ANY POWER TO ALTER, AMEND, MODIFY OR CHANGE ANY OF THE TERMS OR POLICIES, NOR TO GRANT ANY REMEDY WHICH IS EITHER PROHIBITED BY THE TERMS OR POLICIES, OR NOT AVAILABLE IN A COURT OF LAW. ALL QUESTIONS IN RESPECT OF PROCEDURE TO BE FOLLOWED IN CONDUCTING THE ARBITRATION, AS WELL AS THE ENFORCEABILITY OF THE TERMS AND POLICIES TO ARBITRATE WHICH MAY BE RESOLVED BY STATE LAW, SHALL BE RESOLVED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA. THE COST OF THE ARBITRATION, INCLUDING ANY JAMS ADMINISTRATION FEE, THE ARBITRATOR’S FEE, AND COSTS FOR THE USE OF FACILITIES DURING THE HEARINGS, SHALL BE BORNE EQUALLY BY THE PARTIES. THE ARBITRATOR SHALL ISSUE A WRITTEN REASONED DECISION AND AWARD WITHIN NINETY (90) DAYS FROM THE DATE THE ARBITRATION PROCEEDINGS ARE INITIATED (WHICH AWARD MAY INCLUDE COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY). JUDGMENT ON THE AWARD OF THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
SEVERABILITY; WAIVER
If any provision of these Terms or the application of any provision of these Terms to any person or circumstance is to any extent, held to be invalid or unenforceable, the remainder of these Terms or the application of that provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected, and each provision of these Terms will be valid and be enforced to the fullest extent permitted by law. The failure of any breach or default of these Terms shall not constitute a waiver of any subsequent breach or a waiver of the provision itself.
TERMINATION
You agree that NowLive, in its sole discretion, for any or no reason, may suspend or terminate your use of the NowLive Services. You agree that any termination or suspension of your access to the NowLive Services, without prior notice, shall be without liability to NowLive or its agents. NowLive may also, in its sole discretion, for any or no reason, discontinue the Site or restrict access to the Site or the NowLive Services, without any prior notice. Should you be dissatisfied with the NowLive Service, any terms in these Terms or any Policies, or any content or information transmitted through the NowLive Service, your only remedy is to terminate this Terms of Use and discontinue use of the Site.
ASSIGNMENT
These Terms, and any rights and licenses granted through these Terms, may not be transferred by you or assigned by you, but may be assigned by NowLive without restrictions.
