You must know use of our Services requires connection , and data transfers over, therefore may impact your data usage charges imposed by your wireless operator.
No other right or license to the Content is provided. We retain all right, title and interest in and to the Services, and all associated intellectual property rights. Except as expressly authorized by these Terms, you shall not use, reproduce, or distribute Content contributed by other users or by us. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. The Services are for your personal and individual use only. Without limiting the generality of the foregoing, you shall not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content or Services, except through or as otherwise authorized by us, and you shall not engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services. You may not use any meta tags or other hidden text or metadata utilizing any Nowla trademark, logo URL or product name without our express written consent. You shall not remove any copyright, trademark or other proprietary rights notices visible via use of the Services. Because no online system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured, you accept security risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
You will receive, or will be permitted to create, username and password information ("Sign-On Credentials"). If you create your own Sign-On Credentials, such Sign-On Credentials are subject to our approval and we reserve the right to refuse or revoke any Sign-On Credentials at any time and for any reason. You are wholly responsible for maintaining the confidentiality of your Sign-On Credentials and wholly liable for all activities occurring under such Sign-On Credentials and within your account. You shall not transfer to any third- party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You shall immediately notify us at Support@nowlamusic.com of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from failure to comply with this section or from unauthorized use of the Sign-On Credentials.
You are prohibited from violating or attempting to violate any
security features of the Services, including, without
(a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with Services to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";
(d) forging any TCP/IP packet header or any part of the header information;
(e) accessing or tampering with non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
(f) accessing or searching the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; or
(g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Services.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "crawlers", data mining tools etc. that accesses the Services, including in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using conventional on-line web browsers.
Concerning Health-Related Content The Services do not constitute
medical or other professional advice. The Services are not
intended as a substitute for professional medical advice,
diagnosis, or treatment. Any content concerning or related to
physical or mental health that you may find in the Services is
broad in nature and in scope, describes only general principles,
is not specific to you as an individual and does not take into
account your personal circumstances, and may not be appropriate
or relevant to your personal situation. Content in the Services
is not intended to be used to diagnose, treat, cure, or prevent
any medical conditions and is not a substitute for consulting
with your own healthcare professionals. If you have any concerns
or questions about your physical or mental health, you should
consult your own healthcare professionals. Reliance on any
information provided through the Services is solely at your own
risk. Never disregard professional medical advice or delay in
seeking it because of something that you have read, seen, or
heard on our Services. DO NOT RELY ON THE SERVICES, ANY
INFORMATION THEREIN, OR ITS CONTINUATION. YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK.YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
USE OF THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we
make no warranty that:
(a) the Services will meet your requirements, goals or needs,
(b) Services access will be uninterrupted, timely, secure or error-free, or
(c) any errors or deficiencies will be corrected.
Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt access to the website or Services. We reserve the right to discontinue or change the Services in any way and at any time, with or without notice to you, without liability.
We do not represent or warrant that Content available on or from
the Services are accurate, complete, reliable, current or
error-free or that the Services are free of viruses or other
harmful components and, accordingly, you should exercise caution
in the use of the Services. You access or otherwise obtain
Content from the Service at your own discretion and risk and you
are solely responsible for your use thereof, and any damages to
your computing device, and any loss of data, and any other
damage or harm of any kind, that may result therefrom. You agree
to defend, indemnify, release and hold harmless us, our
suppliers, and all officers, directors, employees, consultants,
agents, and representatives of any of the foregoing
(collectively "Indemnified Parties") from and against any and
all claims (including third party claims), losses, liability,
damages, and/or costs of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with:
(a) your unauthorized access to or use of, the Content and Services,
(b) your violation of these Terms.
The App is free to download. We have certain content products that you may optionally purchase using the in-app purchase facilities on the Google Play Store and Apple App Store. Fees and any other charges for the use of the Services, if any, are described on the App. Fees may change from time to time. If we change fees or charges, we will give you reasonable notice. If they do change, your continued use of the App after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. We reserve the right at any time to correct any inadvertent pricing errors, to change or revoke any limited-time offer, and to correct any errors or inaccuracies in the App. You are responsible for all taxes applicable to the fees in any applicable jurisdiction. The auto-renewal subscription available annually for US$29.99/year, or $19.99/Six month or monthly for US$3.99/ month. Payment will be charged through your iTunes account at confirmation of purchase, and will automatically renew at the end of each term unless auto-renew is turned off at least 24-hours before the end of the current period. You can turn off auto- renew at any time from your iTunes account settings, but refunds will not be provided for unused portions of the term. Prices and currency will vary by location. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases subscription, where applicable. The subscription will renew at the same cost.
8.1 Service Discontinuance We may from time to time modify or discontinue, temporarily or permanently, access to the Services (or any part, feature, or functionality thereof). We shall not be liable for any such modification, suspension or discontinuance.
8.2-Governing Law. These Terms, the Services, and Content, and any disputes related to or concerning any of the foregoing (including tort, contract and privacy claims, and whether pre-contractual or extra-contractual) shall be governed by the laws of the State of California, USA. The choice of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods, and the American Law Institute's Principles of the Law of Software Contracts shall not apply and neither party shall invoke any of the foregoing in any proceeding between the parties. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Services, or Content, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Any disputes between or claims brought by you or us arising out of or related to these Terms, the Services, or Content (including tort, privacy as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) shall be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC") in effect at the time of arbitration except as inconsistent with this section. The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings shall be held in San Francisco, California. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce same. You and we agree that by entering into this Agreement, the parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section shall preclude the right and ability to file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
These Terms shall not be assigned, delegated, or transfered by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent shall be void. We may at any time assign these Terms without prior consent or notice. These Terms shall be binding on, and inures to the benefit of, the parties and their respective and permitted successors and assigns.