Welcome to NOW, a platform that brings together people with the same interests and hobbies, to create real-life experiences (“Platform”). NOW is owned and operated by NOW Hangouts Ltd. (“NOW Hangouts”, or “we”, “us”, “our”).
The following key points are provided for your reading convenience, but do not substitute the full Terms that are provided thereafter.
- Subject to these Terms, we give you a limited license to use the Platform through your mobile device.
- When you use the Platform, you must comply with our usage instructions, adhere to any applicable law and refrain from using the Platform in a manner prohibited by these Terms.
- We own all rights, title and interest in and to the Platform. We do not claim ownership of the content that you generate with respect to your use of the Platform, but by agreeing to these Terms you grant us a license to use your content.
- We may take measures to block your access to and your use of the Platform, if we, in our discretion, determine that you’ve violated these Terms or misused the Platform. We may also, at our discretion, suspend or terminate the operation of the NOW smartphone application, at any time.
- You assume full and exclusive responsibility for your use of the Platform. We and our staff will not be liable for any direct or indirect damage suffered by you or anyone acting on your behalf, arising from or related to the Platform or your use of it.
- If you believe that User Content infringes upon copyrights that you own or represent, you may send us a written notification at email@example.com, stating the location of the copyrighted work claimed to be infringed. We will take action as appropriate.
- Your use of the Platform is subject to the terms and conditions that govern the application marketplace from which you downloaded the NOW smartphone application. Operators of the applications marketplaces are beneficiaries of these Terms and may enforce them against you.
- These Terms are governed by the laws of Israel and are subject to the jurisdiction of Israeli court.
- We may occasionally amend these Terms. Your continued use of the Platform indicates your consent to the amended terms.
About the Platform
NOW is a social network for offline hangout. NOW allows people with similar interests and hobbies to interact in cliques and arrange hangouts.
In order to use the Platform, you must register. Upon registration you will be asked to provide a username, your date of birth and phone number. Once registered, you will be able to create new cliques and invite others to join, or request to join existing cliques. You will also be able to create or join hangouts, and explore lineups to discover new places in your city.
Use of the Platform
Use of the Platform requires Internet connectivity on your device. You bear the costs of such Internet connection, in accordance with your subscription plan with your mobile operator.
Subject to these Terms, you are permitted to download and install the NOW app on your smartphone, and to access and use the Platform though the app, free of charge. You may not use the Platform for any purpose not explicitly permitted by these Terms.
When using the Platform, you must comply with these Terms and adhere to any applicable law. In addition, you may not –
- Attempt to circumvent, bypass or deactivate security or protection measures in the Platform;
- Use the Platform in order to develop or create a product or platform similar to, or competing with, the Platform or us;
- Attempt to compromise information security in the Platform or in any network or server used by us, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating or hacking of the Platform or our systems;
- Attempt to register to the Platform, access the Platform, download any information or use any information on the Platform, in an automated or mechanized process, or use the Platform in any way other than for personal use of the registered user;
- Attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible or deactivated in the Platform;
- Attempt to engage in reverse-engineering, disassembling or decompiling of the Platform;
- Use the Platform in any manner that may give rise to a criminal offense, civil tort, infringement or violation of the rights of any third party;
- Attempt to burden or interfere with the operation of our systems related to the operation of the Platform;
- Attempt to integrate the Platform in any application, web page, or any way other than expressly permitted by these Terms;
- Use the Platform for or in connection with any action that may encourage or constitute threat, harassment or fraud;
In addition, you may not use the Platform’s built-in feature to invite your contacts to join your clique, unless you have obtained their prior consent to receiving SMS from us. You acknowledge that by using the invitation feature in the Platform you indicate that you have obtained such consent.
We may take measures to temporarily block your access to the Platform or permanently delete your account, without prior notice, if we, in our sole discretion, believe that you violated these Terms or have misused the Platform.
All rights, title and interest in and to the Platform, including all content therein and all patents, copyrights, trademarks, trade secrets and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the Platform, whether such rights are registered or not, are the exclusive property of NOW Hangouts Ltd and its licensors. This includes the Platform’s design, graphics, computer code, algorithms and “look and feel”.
Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the Platform or any part thereof, in any way or by any means.
You may not use any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or damage our goodwill.
All the rights in content that you generate with respect to your use of the Platform, such as the media you upload to the Platform, (“User Content”) remains yours.
We do not claim any ownership to User Content. However, you grant us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to copy, reproduce, create derivative works of, distribute, broadcast, make available and communicate to the public your User Content in order to provide the Platform and its features.
User Content that you provide through the Platform may be available to all registered users of the Service.
You are responsible and liable for your User Content you share, upload, send, receive, record or otherwise use while using the Service. You represent to us that you have all necessary rights in and to your User Content to allow us to store it and make available to others through the Service.
We take no part in, or responsibility for, the interactions between you and other users. These interactions and communications, and all consequences resulting therefrom, are strictly between you and the other users participating in those interactions and communications.
You may find User Content not compatible with your expectations, objectionable, annoying, improper, unlawful or immoral. We do not endorse, or sponsor User Content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for User Content.
We may, but are under no duty to, review content made available through the Service. We may, in our sole discretion, temporarily or permanently delete or block access to User Content, if we find such content in violation of these Terms.
We respect the intellectual property rights of others and requests its users to do the same. If you believe that User Content infringes upon copyrights that you own or represent, you may send us a written notification at firstname.lastname@example.org, stating the location of the copyrighted work claimed to be infringed.
Upon your notification and subject to copyright laws, we may remove or disable access to any such content.
To be effective, your notification of claimed infringement must include substantially the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to be infringed on the Platform, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
(3) Identification of the material that is claimed to infringe or to be the subject of infringing activity and that access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Platform;
(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) 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.
After receiving your communication, we may ask you to provide further or supplemental information, prior to removing any content which was displayed on Platform, as we deem necessary to comply with copyrights laws. We may also provide our registered user who uploaded the allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.
We may deny or cancel any individual use of the Platform, or terminate your user account, if we determine in our sole discretion that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user that his uploaded material was removed from the Platform more than twice. We may decide, at our sole discretion that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases We may terminate your account immediately. We may notify you that We canceled your account by sending an SMS to the phone number that you provided during the registration process. Such notification will come into effect immediately.
Any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.
Availability, changes to Platform and discontinuation
We will make efforts to have the Platform available and operate without errors, on a 24/7 basis. However, the availability, quality and functionality of the Platform depends on various factors, including software and hardware components and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free, and we do not warrant that the Platform will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or immune from errors, glitches or unauthorized access.
You may contact us for technical support, and we will make efforts to respond to your inquiry. However, we do not guarantee that your inquiry will be addressed or resolved in a given time-frame or at all.
We may, at any time and without prior notice, change the layout, design, scope, features or availability of the Platform, all without prior notice. Such changes, by their nature, may cause inconvenience or even malfunctions. You will not have any plea, claim or demand against us, our directors, shareholders, employees, agents, subcontractors, or others acting on our behalf (collectively, our “Staff”), regarding such changes, updates or malfunctions occurred in connection therewith.
In addition, we may, at any time, in our sole discretion, without prior notice, and without liability to you:
- Suspend the operation of the Platform, in whole, or in part, for all users or for certain users, for periodic maintenance or similar purposes;
- Discontinue or terminate the operation of the Platform, or any part thereof, temporarily or permanently, for all users or for certain users;
- Temporarily or permanently block or remove User Content which we deem is inappropriate or in violation of these Terms; or
- Block, in whole or in part, your access to or use of the Platform.
Disclaimers and limitation of liability
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IT CANNOT BE TAILORED TO THE INDIVIDUAL REQUIREMENTS OR DESIRES OF A USER. YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST US OR OUR STAFF REGARDING THE PLATFORM, INCLUDING ITS FEATURES, THE CONTENT INCLUDED THEREIN, OR ITS CAPABILITIES, LIMITATIONS AND SUITABILITY TO YOUR NEEDS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE PLATFORM IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE PLATFORM, ITS USE, OR RELIANCE THEREON. WE AND OUR STAFF WILL NOT BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS RESULTING FROM OR IN CONNECTION WITH ANY LOSS OF DATA OR COMMUNICATION PROBLEM RESULTING IN WHOLE OR IN PART FROM A MALFUNCTION IN THE PLATFORM OR IN THE COMPUTER SYSTEMS OF THE COMPANY OF OTHER ACTING ON ITS BEHALF.
Any and all communications and interactions between you and third parties, including other users, and all consequences resulting from the above, are strictly between you and such third party. Other than facilitating the interaction between you and other users, we are not actively involved in those communications, interactions, dealings, engagements and transactions. We are not liable, do not guarantee and make no representation or judgment as to your interactions with other users, such as to the safety, accuracy, helpfulness, adequacy to your needs, legality, appropriateness, authenticity, validity, truthfulness and morality.
Termination of these Terms
You may terminate these Terms at any time by permanently ceasing use of the Platform and deleting your account.
We may terminate these Terms at any time by providing an appropriate message through the Platform, by blocking your use of the Platform or through any other manner contemplated by these Terms. In such cases, you must permanently cease any further use of the Platform.
Provisions in these Terms that by their nature should survive termination or expiration of these Terms, will so survive and remain in full force and effect following such termination or expiration, including, without limitation, the following sections: Privacy, Intellectual property, Disclaimers, Governing Law and Jurisdiction.
To the maximum extent permitted by law, you will indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, costs and expenses, including reasonable attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your breach of the Terms.
Your use of the NOW Application (“App”) is subject to additional third-party terms and conditions that govern the application marketplace from which you downloaded the App, such as Google Play Store or App Store (“Stores”). Apple and Google (“Stores Operators”) are not responsible for providing maintenance and support services with respect to the App.
You and NOW Hangouts agree and acknowledge as follows:
- These Terms are concluded between yourself and us, and not the Stores Operators. The Stores Operators are not responsible for the App. In the event of a conflict between these Terms and the Stores’ terms of service, the Stores’ terms of service shall prevail solely with respect to the conflicting provisions.
- The license granted to you in the App is a limited, non-transferable license to use the App on any Stores Operators branded products that you own or control, as permitted by the Store Operators’ terms of service.
- You acknowledge that the Stores Operators have no obligation to furnish any maintenance and support services with respect to the App.
- To the maximum extent permitted by applicable law, the Stores Operators will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at the Stores Operators’ responsibility.
- The Stores Operators are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.
- In the event of any third party claims that the App or your possession and use of the App infringes that third party’s IP Rights, the Stores Operators will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
- You must comply with applicable third-party terms of agreement when using the App (e.g., you must not be in violation of your wireless data services agreement when you use the App).
- The Stores Operators and their subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Stores Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law and Jurisdiction
Regardless of your place of residence or where you access or use the Platform from, these Terms and your use of the Platform will be governed by and construed solely in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Israel.
The competent courts in the Tel Aviv District of Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Platform and its use, and with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claims against us.
Changes to these Terms
We may change these Terms, in whole or in part, at our own discretion and at any time, and will provide you a notification thereof through the Platform. Your continued use of the Platform after being informed of the changes to these Terms indicates your consent to them. If you do not consent to the amended Terms, you must permanently cease use of the Platform. The latest version of the Terms and its effective date will always be accessible through the Platform.
Whenever used in These Terms, the terms “Including” or “Such as”, whether capitalized or not, mean without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and NOW Hangouts, other than that of two independent contractual parties.
You may not assign or transfer your rights and obligations under These Terms without our prior written consent. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding anything to the contrary under law, we may assign to a third party these Terms in their entirety, including all rights, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets relating to These Terms. By virtue of such assignment, the assignee assumes our stead, including all rights, duties, liabilities and obligations, and we are irrevocably released from the same.
These Terms constitutes the entire agreement between you and NOW Hangouts concerning the subject matter herein and supersedes all prior and contemporaneous negotiations and oral representations, agreements and statements.
Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under the Terms.
These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
If any provision of these Terms is held illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then that provision shall be performed and enforced to the maximum extent permissible by law to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall remain in full force and effect.
For any questions or inquiries, you may contact us at: email@example.com
Effective Date: August 20, 2021