Effective date: April 21, 2022
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to now.gg. Please read on to learn the rules and restrictions that govern your use of our website, products, software, services, and applications, we are making available to you (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at eula at now.gg, or now.gg, Inc., 2105 South Bascom Avenue, Suite 380, Campbell, CA 95008, USA.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website (https://www.now.gg/terms-and-privacy.html#terms), by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. However, if you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and now.gg.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16, and other applicable privacy laws place certain restrictions on collecting personally identifiable information from children under 16. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at eula at now.gg dot com.
What are the basics of using now.gg?
You may be required to download and install certain software to your mobile device or computer, and sign up for an account, and select a password and user name (“now.gg User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your now.gg User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including now.gg);
- Violates any law or regulation, including any applicable export control and data privacy laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, offensive, graphically violent, pornographic, or otherwise objectionable;
- Jeopardizes the security of your now.gg account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes, or attempt to post or transmit any information that constitutes a virus, bug, malicious code, or other harmful item;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. now.gg has a zero-tolerance policy against child pornography and will terminate any account and make reports to the appropriate law enforcement authorities about any user who publishes or distributes child pornography.
What are my rights in now.gg?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, audio media, videos, data, articles, photos, images, illustrations, NFTs, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including now.gg) rights.
You understand that now.gg owns the Services. As between you and now.gg, (or other company whose marks appear on or via the Services), now.gg (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Services, and is the copyright owner or licensee of the content and/or information on the Services, unless otherwise indicated. Except as otherwise provided herein, use of the Services (including any software) does not grant you a license to any content, features or materials you may access on the Services and you may not modify, rent, lease, loan, sell, distribute, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), or create derivative works of such content, features or materials, in whole or in part, or otherwise exploit any of the Services. Any commercial use of Services (including any software) is strictly prohibited, except as allowed herein or otherwise approved by us. Nothing on any Services should be construed to grant any license or right to use any now.gg marks or logos without our prior written consent.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant consent to now.gg to communicate with me?
Do I have to grant any licenses to now.gg or to other users?
For your User Submissions, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, you hereby grant now.gg a license to use, display, reproduce, distribute and otherwise exploit and act with respect to such User Submissions, in each case to make that User Submission accessible to all now.gg users and to enable us to operate the Services, as well as all other rights necessary to use and exercise all rights in that User Submission in connection with the Services and our business. Also, you grant all other users of the Services a license to access your User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. This is a license only – your ownership in User Submissions is not affected.
Finally, you understand and agree that now.gg, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like now.gg, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Third Party Services:
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that now.gg shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that now.gg is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release now.gg, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Will now.gg ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does now.gg cost anything?
Many of our Services are currently free. We reserve the right to require payment of fees for certain or all Services. Certain of our Services and the purchase of In-App-Purchases (IAP) are subject to payments (the “Paid Services”) and the following terms apply:
- Billing. Billing for payment transactions is processed by Bluestack Systems, Inc, a company incorporated in the USA, an affiliate of now.gg. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your now.gg account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If the Payment Processor identifies or we otherwise believe that your transaction may pose an unacceptable level of risk, that you have breached these Terms, or that your account has been compromised, we may take various actions to avoid liability and reduce potential fraud and disputes. The actions we may take (and we expressly reserve the right to take) include, but are not limited to, suspending or limiting your ability to purchase any Paid Services, refusing or rejecting your transaction, or blocking you from accessing or using some or part of the Services (especially for users with a record of fraudulent transactions, requesting refunds on multiple occasions without valid reasons, having caused chargebacks, or otherwise posing high risks). If possible, we will provide you with advance notice of our actions and resolution steps. However, advance notice will not be provided if there is an immediate need to take actions such as a security threat, potential fraud, or illegal activity.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date) through your now.gg account, and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made through your now.gg account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your billing account unless you have terminated your Paid Services by means of sending us an email to support at now.gg.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to use the Paid Service.
- No Refund or Cancellation. All purchases of Paid Services are non-refundable and are non-cancellable once purchased.
What are now.gg Coins?
now.gg Coins are part of our Services. Please refer to Coin Store for more details about the now.gg Coins governed by these Terms.
- Paid Coins
You may purchase Coins through the Coin Store. Coins you purchase will be credited to your account within 24 hours. The value that you paid in the local currency for your Coins is a prepayment only for the redemption of IAPs available for redemption on our platform via the Services. No credit card, credit line, overdraft protection or deposit account is associated with your Coins account. No interest, dividends or any other earnings on funds deposited in your account for Coins will accrue or be paid or credited to you by now.gg. The value associated with your Coins is not insured and cannot be redeemed for cash or cash equivalents. You may not transfer Coins you purchase to another individual or account in any fashion.
- Free Coins
We endeavor to reward and thank you for being a loyal user of our Services through the Free Coins program. We may, but have no obligation to, grant you any Coins free of charge (such coins, “Free Coins”). You can redeem the Free Coins you earned for IAP. A Free Coin is not cash or a cash equivalent and cannot be redeemed for cash or cash equivalents. You may not transfer your Free Coins to another individual or account in any fashion.
We reserve the right to change, modify and/or eliminate Free Coins and the terms applicable thereto at any time upon notice to you (which may be provided through the Services or by modifying these Terms). We reserve the right to terminate your participation in the Free Coins program if we determine in our reasonable discretion that you have violated these terms or that the use of your Free Coin is unauthorized, deceptive, fraudulent or otherwise unlawful.
Purchase of Coins
You can pay for Coins by using a payment method accepted at the now.gg checkout. We reserve the right to submit your transaction or redemption history as evidence of funds being used to the disputing bank, in the event you dispute or attempt to chargeback any charge for the Coins with your bank or card provider. Holders of any Coins are not sent statements of itemized transactions from us. You can check the balance of your Coins through the Services. We reserve the right not to accept or otherwise limit use of any Coins if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
No Refund or Cancellation of Coin Purchases
All purchases of Coins are non-refundable and are non-cancellable once purchased.
We do not charge any fees for the opening, activation or use of your Coins account. The value in your Coins account has no expiration date. Please note, however, that if you have not redeemed the value in your Coins for a certain period of time after such value was added, applicable law may require us to remit such value to the state in which the purchasing user was or is located, or the state in which now.gg is incorporated. This time period will vary from state to state; it may be as short as one year. Accordingly, please remember to use your Coins in a timely manner. You release us from any liability in connection with its compliance with laws applicable in this regard.
NFTs and NFT Marketplace Transactions
NFTs (or non-fungible tokens) are digital tokens that link to specific artwork or other content. Users of our related game.tv app and platform may create and sell NFTs using user-generated or provided content (“Content”) through our NFT Dashboard on game.tv. NFTs can link to Content or images of a specific user, gamer, personality or from a particular game available on the game.tv platform.
NFTs created, purchased or sold on the game.tv app and platform may also be transferred and sold by now.gg users through our NFT Marketplace at nft.now.gg. Sellers on the NFT Marketplace will have the ability to set the prices for the sale of their NFTs in Flow crypto tokens. NFT creators are not permitted to purchase their own NFTs either on the game.tv app and platform or on our NFT Marketplace.
Sales and purchases of NFTs using Flow crypto tokens require the use of a Blocto Wallet, which may be downloaded from Blocto at: https://blocto.portto.io/en/download.
Sales of NFTs priced in Flow crypto tokens will be charged a commission by now.gg, as indicated when the seller lists its NFT for sale on the NFT Marketplace. The remaining balance after deduction of the commission will be deposited into the seller’s Blocto Wallet.
Now.gg Referral Program
Now.gg offers certain users the opportunity to participate in its referral program (the “Referral Program”).
For each successful referral from a participating user, both the referrer and the referee will receive 30 minutes of ad free playtime. A successful referral shall mean that a user who has not previously logged onto the Now.gg platform, as solely determined by Now.gg, creates and logs onto a new account on the Now.gg platform. The maximum ad free playtime for any user under this Referral Program shall be limited to 500 minutes.
We can and will make all determinations regarding participation in the Referral Program and reserve the right to terminate your participation in the Referral Program at any time for any reason or no reason, to the extent permitted by law. We reserve the right to amend or terminate the Program at any time, for any reason.
Now.gg Rewards Program
Now.gg offers certain users the opportunity to participate in its rewards program (the “Rewards Program”).
The Rewards Program is open only to Registered Users of Now.gg who are (i) not a person barred from, participating in the Rewards Program under the laws of the United States or their country of residence, and (ii) at all times abide by these terms and all other Rewards Program rules contained on the Rewards Program page.
Each participating user will be rewarded with Nowbux based on the amount of game play on the Now.gg performed by the participant, as detailed on the Rewards Program page, during the period that the Rewards Program is active. A participant's balance of Nowbux shall accumulate (“Rewards Program Balance”) in their rewards account.
Participants may redeem their balance of Nowbux for a Robux® gift card, as detailed on the Rewards Program page.
Gift cards will be provided to the participant within the Rewards Program window, generally within 24 hours of the redemption request, and are available for up to 30 days following redemption. Now.gg is not responsible for delays of gift cards due to any errors by the participant or by circumstances outside our control.
Upon thirty days of inactivity, as determined by a user failing to log into their Now.gg account for 30 consecutive days, their Rewards Program Balance shall be set to zero.
Users shall comply with any and all conditions and restrictions imposed by Roblox Corporation governing the use of Robux®.
You agree and acknowledge, as a condition of participating in the Rewards Program, that Roblox Corporation and their owners' directors, officers, employees, contractors, agents, representatives, parents, subsidiaries, attorneys, insurers, and associated corporations and entities (collectively, “Roblox®”) are not sponsors of the Rewards Program nor do they endorse or administer the Rewards Program, nor are they in any way associated with the Rewards Program. All questions regarding the Promotion must be directed to Now.gg, not Roblox®. You also agree that as a condition of participating in the Rewards Program, you shall release Roblox® from any and all liability arising out of or relating to your participation in the Rewards Program.
We can and will make all determinations regarding participation in the Rewards Program and reserve the right to terminate your participation in the Rewards Program at any time for any reason or no reason, to the extent permitted by law. We reserve the right to amend or terminate the Rewards Program at any time, for any reason.
A user's Nowbux and Rewards Program Balance are not transferrable and have no cash value, except for the redemption feature above.
THE NOW.GG REWARDS PROGRAM IS VOID WHERE OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
Contests and Sweepstakes
We sometimes run contests and sweepstakes on our Services. The official rules for any contest or sweepstakes will be published on the site where you may enter such contest or sweepstakes. Current contest and sweepstakes official rules can be found at [LINK]
ANY AND ALL ITEMS PROVIDED IN CONNECTION WITH PAID SERVICES, IN-APP- PURCHASES OR COINS ARE MADE AVAILABLE ON AN AS IS, WHERE IS BASIS, AND now.gg AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, SUITABILITY, AND NON-INFRINGEMENT.
What if I want to stop using now.gg?
now.gg is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. now.gg has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at support at now.gg – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
What else do I need to know?
Warranty Disclaimer. Neither now.gg nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from now.gg or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY now.gg (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL now.gg (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO now.gg IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold now.gg, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without now.gg prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California.
Term and Termination. Unless otherwise provided in a written agreement between you and now.gg, any licenses granted by now.gg to you in connection with your use of the Services is effective until terminated. Your rights under the license will terminate automatically without notice from now.gg if you fail to comply with any of these terms. Upon the termination, you shall cease all use of the Services (including any software) and destroy all copies, full or partial, of the software. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, any obligation you have to pay us or indemnify us, any terms regarding ownership or intellectual property and proprietary rights, warranty disclaimers, any limitations on our liability, and terms regarding disputes between us.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the now.gg may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of now.gg to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Any claim or cause of action you may have with respect to now.gg or any Services must be commenced within one (1) year after the claim or cause of action arose. You and now.gg agree that these Terms are the complete and exclusive statement of the mutual understanding between you and now.gg, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of now.gg, and you do not have any authority of any kind to bind now.gg in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and now.gg agree there are no third party beneficiaries intended under these Terms.
Contact Us. To contact us with any questions or concerns in connection with these Terms or to provide notice to us under these Terms please email us at eula at now.gg.
© 2024 now.gg name and logo are registered trademarks of now.gg, Inc.
Effective Date: January 1, 2021
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data (as defined in the GDPR). In this event, please refer to our GDPR Privacy Notice , as it applies to you too.
What Information does now.gg Collect?
Information You Provide to Us
We may communicate with you if you’ve provided us the means to do so. If you do not want to receive communications from us, please indicate your preference by clicking on the un-subscription or communication preferences link in the emails or communications.
Information Collected Automatically
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device. We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible. Information we automatically receive may include the following:
- Device Information: We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers and mobile network information including phone number). We may associate your device identifiers or phone number with your now.gg account, and to verify compliance with these Terms and to detect fraud.
Log Information: When you use our Services (including any now.gg products), we may automatically record or log technical and related information from your device, its software, and your activity using the Services. This may include:
The device’s Internet Protocol (“IP”) address;
- Identification numbers associated with your devices (or synthetic anonymous IDs);
- Locale preferences (country-level only);
- Application activity such as- app installation, app uninstallation, app start, app play duration, app stop, app crashes, app network activity and app resource consumption;
- Device event information such as crashes, system activity and hardware settings;
- Date and time stamps associated with events;
Purchase transaction history;
- System configuration Information;
- Metadata concerning your apps; and
- Other interactions with the now.gg Services and third party advertisements.
The Services may use the following cookies:
- A cookie which recognizes a user’s browser type, browser language, the date and time of a user’s request and referral URL;
- A cookie which identifies the web page visited before you came to our website; and
- A cookie which logs information you search for on our website.
- Third Party App Information: When you download and install applications from a third party, or when you permit such third party applications to be updated, we may record information about the source, such as the name of the app store or app market, its IP address, the application version number, or any unique application identification number associated with them.
- Geo-location Information: When you use a location-enabled app and if you have opted in for the app to access your location, we may collect, process and retain information about your actual location. We may use geo-location information to the greatest extent permitted by law. Some devices allow applications to access real-time location-based information (for example, GPS). The location data is collected anonymously in a form that does not personally identify you and is used by us to provide and improve location based products and services. By using a location-enabled app, you consent to us processing information about your actual location.
Will now.gg Share Any of the Personal Information it Receives?
We do not rent or sell your Personal Information in personally identifiable form to anyone, provided certain Personal Information may be transferred in connection with business transfers, as described below. We may share your Personal Information with third parties as described in this section:
Information that’s no longer personally identifiable. We may anonymize your Personal Information so that you are not individually identified, and provide anonymized information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual.
Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.
Affiliated Businesses: In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.
Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use certain third party companies and individuals to help us provide, analyze, and improve our Services (including but not limited to data storage, maintenance services, database management, web analytics and payment processing) for purposes of and under obligations to adequately safeguard the information. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us or perform the tasks on our behalf.
User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Again, we do not control the policies and practices of any other third party site or service.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Is Personal Information about me secure?
Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. If we receive instructions using your now.gg account information we will consider that you have authorized the instructions.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records. But unfortunately, no method of electronic transmission or storage is 100% secure, so we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Personal Information can I access?
Please keep your information up to date and accurate. Through your account settings or by using features of our Services, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- email address
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy at now.gg.
California Resident Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:
- The categories of Personal Data that we have collected about you.
- The categories of sources from which that Personal Data was collected.
- The business or commercial purpose for collecting or selling your Personal Data.
- The categories of third parties with whom we have shared your Personal Data.
- The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.Exercising Your Rights
To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following method:
- Email us at: privacy at now.gg
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Personal Data Sales Opt-Out and Opt-In
We will not sell your Personal Data, and have not done so over the last 12 months. To our knowledge, we do not sell the Personal Data of minors under 16 years of age.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy at now.gg.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at privacy at now.gg with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
What do I need to know about my data if I am located in the EU?
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data (as defined in the GDPR). In this event, please refer to our GDPR Privacy Notice, as it applies to you too.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind you may need to provide some information to us in order to take advantage of some of our features.
You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may stop using our products by disconnecting your third party accounts from our Services or uninstalling our software from your devices. After you disconnect your third party accounts or uninstall our software, we do not have access to or any control over the contents or information in your accounts with third party products or services. Some information may remain in our records after your deletion of such information from your account. We will retain your information for as long as your account is active or as needed to provide you with Services or as required by law (whichever is longest). We may retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Also, we may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy at now.gg, and we will try to resolve your concerns.
© 2024 now.gg name and logo are registered trademarks of now.gg, Inc.
GDPR Privacy Notice to EU Residents
Effective Date: January 1, 2021
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Company will be the controller of your Personal Data processed in connection with the Services.
What Personal Data Do We Collect From You?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
- Email address
- Mobile phone number
- User content, for example, comments, posts, or decks you submit publically, photographs you upload (which can include Personal Data if you include Personal Data in such content)
- Nick name and avatar
Information we receive from third party sources: Some third parties such as our affiliate ad networks, business partners, and service providers provide us with Personal Data about you, such as the following:
Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Google, Facebook Connect, or Twitch), or if you share content from our Services through a third party social media service, the third party service may send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:
- IP address
- Unique device identifiers or synthetic anonymous IDs
- Web browser information
- Application activity such as app installation, app uninstallation, app start, app play duration, app stop, app crashes, app network activity and app resource consumption
- Transaction information (e.g. transaction amount, date and time such transaction occurred, Purchase transaction history)
- Location information (country-level only)
- Log data (e.g. access times, hardware and software information)
- Device event information such as crashes
- System configuration information; metadata concerning your Android apps
- Other interactions with the Services and third party advertisements
How Do We Use Your Personal Data?
We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:
- Create and manage user profiles
- Communicate with you about the Services
- Process orders
- Contact you about Service announcements, updates or offers
- Provide support and assistance for the Services
- Personalize website content and communications based on your preferences
- Analyze how you use the Services and personalize, provide, and improve our services
- Meet contract or legal obligations
- Respond to user inquiries
- Fulfill user requests
- Comply with our legal or contractual obligations
- Resolve disputes
- Protect against or deter fraudulent, illegal or harmful actions
- Enforce our Terms of Service
- Provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, as well as we, can provide you with an optimal online experience
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service or other agreement with you, which enables us to provide you with the Services.
When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
- Your sign-up contract information, such as your email
- Your account data, such as your nickname, and avatar
- Your contact information you provided to us on the purchase orders, insertion orders, or other documents, such as name, address, email address, and telephone
- Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- End user analytics data, such as synthetic anonymous ID
- Customer support data, such as Mac address, IP address, location data (country-level only), and email address
- Game or application related data, such as name of app/game, package name, version, time at which application was installed / uninstalled, search string, application click information
- Cost-Per-Install revenue, In-App-Purchase spend, conversion information
- Campaign winner data, such as first name, last name, mailing address, telephone, and photograph
- Internal contractor records, such as first and last name, mailing address, email, telephone, date of birth, location, and banking information
Examples of these legitimate interests include:
- Operation and improvement of our business, products and services
- Data analytics and personalization of web and services content
- Marketing of our products and services
- Provision of customer support
- Detection and protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Internal Administration
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
How and With Whom Do We Share Your Data?
- Payment processors
- Fraud prevention service providers
- Ad networks
- Analytics service providers
- Staff augmentation and contract personnel
- Hosting service providers
- Co-location service providers
- Telecommunications service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
- Third party business partners who you access through the Services
- Shipping and logistics companies
- Other parties authorized by you
We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).
We also share Personal Data when we believe it is necessary to:
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
- Maintain the security of our products and services
- Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us and for 12 months after you close your account. If you are a contractor engaged by us, we retain Personal Data about you for 7 years after the termination of your association with us. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use?
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, our Services use encryption for transmitting data, data analytics and reporting access is governed through identity access management.
What Rights Do You Have Regarding Your Personal Data?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email privacy at now dot gg. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by sending us an email at privacy at now.gg.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can correct some of this information directly by sending us an email at privacy at now.gg.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Company’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through Company and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you authorize Company to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Company is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). For more information about the Privacy Shield Program, please visit www.privacyshield.gov.
Please contact us at privacy at now dot gg with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy.
Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
|Contact Name: Jay Vaishnav
|Contact Physical address: now.gg, Inc., 2105 S. Bascom Ave, Ste #380, Campbell, CA 95008, USA
|Contact Email address: privacy at now dot gg
Designated representative and contact information:
EU: DP-Dock GmbH, Attn: now.gg Ballindamm 39 / Ecke Jungfernsteig Hamburg
UK: DP Data Protection Services UK Ltd., Attn: now.gg 16 Great Queen Street, Covent Garden London, WC2B 5AH, United Kingdom
now.gg at gdpr-rep dot com
Platform License Agreement
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO NOW.GG FOR DEVELOPERS AND NOW.GG STUDIO IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS NOW.GG FOR DEVELOPERS AND NOW.GG STUDIO IN ANY MANNER.
This Platform License Agreement (the “Agreement”) constitute a binding legal contract between you or your entity (“Publisher”) and Now.gg, Inc (“Now.gg”). Please read this Agreement carefully before accepting this Agreement and refer to this Agreement periodically to make sure that you are aware of the most current terms and conditions of your access to and use of Now.gg Studio.
- GENERAL OBLIGATIONS
- Publisher will provide Now.gg with the most recent APK available in order for Now.gg to make Publisher’s app (“App”) available on the Now.gg cloud service (“Now.gg Properties”) through the Now.gg Studio site. Publisher shall provide Now.gg with prior notice of any updates to the APK and provide the updated APK to Now.gg when uploaded to other APK sites.
- Now.gg will host the APK on the Now.gg Properties.
- Publisher will have access to Now.gg’s API and documentation through its dashboard at docs.now.gg in order for Publisher to integrate and publish the App on the Now.gg Properties.
- No Guarantee. the services provided by Now.gg, Now.gg Studio, and Now.gg’s API and documentation are provided without any guaranteed delivery or other performance objectives. Now.gg does not guarantee continuous or uninterrupted service, any number of deliverables, or any other measure of success.
- Now.gg reserves the right to display its ads prior to, during or at the completion the Publisher’s App playing or loading on the Now.gg Properties. No compensation will be due to Publisher from such ads
- OWNERSHIP AND LICENSES
- App Licenses. Publisher hereby grants to Now.gg a non-exclusive, worldwide, non-sublicensable and transferable, royalty-free license to (i) to host the App in a cloud-based service hosted by or on behalf of Now.gg and to integrate the App with the Now.gg Properties; and (ii) to allow end users of the App perform, display, and use the App within the Now.gg Properties, except that Publisher may include a separate end user license agreement in the App that will govern end users’ rights to the App in lieu of the foregoing license.
- Partner Marks. Publisher grants Now.gg a revocable, non-exclusive, transferable, non-assignable, royalty-free, limited license, during the Term, to use Publisher’s name, App name, logo, app icon, app characters, app art, app banners and other identifiers (collectively “Publisher Marks”) on the Now.gg website(s), Now.gg Properties or its promotional and marketing materials in connection with the display, promotion, marketing, sale and distribution of the App.
- REPRESENTATIONS AND WARRANTIES
- Mutual. Each party’s performance under this Agreement will not conflict with or violate any provision of law, rule or regulation to which such party is subject, or any agreement or other obligation directly or indirectly applicable to such party or binding upon its assets.
- App. Publisher represents and warrants that (i) neither the App nor this Agreement (or its performance) will infringe, misappropriate or violate any intellectual property rights or other rights or agreements; (ii) the App does not and will not contain any viruses or worms or other harmful or disabling code, or anything that defames, libels or otherwise injures or interferes with the privacy or publicity rights of any third party; and (vii) the App does not and will not contain any open source or other third party code that that: (A) could or does require, or could or does condition the use or distribution of the App or the Now.gg Properties on, the disclosure, licensing or distribution of any source code for any portion of the Now.gg Properties; or (B) could or does otherwise impose any limitation, restriction or condition on the right or ability of Now.gg to use or distribute any Now.gg Properties. Publisher will indemnify Now.gg from any loss, damage, settlement, or other amount or expense (including, without limitation, attorney fees) that results from any allegation inconsistent with the foregoing in this Section 3.
- DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NOW.GG PROVIDES ALL SERVICES AND THE SITES “AS IS” AND “AS AVAILABLE” AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
- Governing Law and Dispute Resolution. Should a dispute arise out of this Agreement, the parties shall first employ every reasonable means of good faith negotiations to resolve such a dispute. Thereafter, any dispute arising out of or relating to the interpretation or performance of this Agreement shall be governed by the laws of the State of California and the location and jurisdiction for litigation of disputes shall be the federal and state courts having jurisdiction in Santa Clara County, California;