NewsNOW

Terms and Conditions

Last Updated: August 13, 2023

BY ACCEPTING THESE TERMS, AS DETAILED BELOW, YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION SUIT.

1. Who we Are.

Welcome to NOW, which is provided by Standard Media Group LLC (such entity will be referred to as “Standard Media,” “we” or “us”).

These Terms and Conditions of Use (the “Terms”) govern our relationship and serve as an agreement between you and us. These Terms also set forth the terms and conditions by which you may access and use the App and our related websites, services, applications, products and content (collectively, the “App”).

2. Accepting the Terms.

By using the App, you (a “user”) agree to be bound by these Terms and Conditions of Use (the “Terms”).

3. Changes to the Terms.

We may modify the Terms from time to time without notice to you.

We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the App, however, you should look at the Terms regularly to check for such changes.

We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the App after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the App.

4. Your NOW Account.

To access or use some of the services in the App, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

You agree that all such information is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. By creating an account or submitting information through the App you represent that you are a United States of America resident over the age of 13. If you are between the ages of 13 and 18 you will need parental approval to register an account. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: admin@standardmedia.com You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your account at any time if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair any part of the App or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you no longer wish to use the App, and would like your account deleted, please contact us at: admin@nownews.vip. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

5. Use of NOW Content.

No material from the App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in the Terms.

Our License to You. The App, including all content, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our contributors or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the App in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our App and to use the information and services contained here.

Your License to Us. In turn, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully transferrable, worldwide right and license to copy, modify, edit, archive, store, stream, exhibit, show, display, distribute, use, and create derivative works from any content you post on or submit to the App for any purpose, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated websites and mobile applications, to include the information in a searchable format accessible by users of our and other websites, and to use your name and any other information in connection with its use of the material you provide. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

6. Accessing and Using NOW.

We reserve the right to withdraw or amend the App in our sole discretion without notice. We will not be liable if the App or any Service is unavailable at any time or for any period, regardless of the reason. From time to time, we may restrict access to all or some parts of the App to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the App including ownership of a compatible device and internet access and ensuring that all persons who access the App through your device are aware of these Terms and comply with them.

7. NOW News Submissions.

NOW News submissions (“News Submissions”) are subject to our review prior to posting on the App. As a result of this review, you may be asked to make changes in the News Submission. In addition, we shall have the right to edit, revise and adapt the News Submissions as we may deem appropriate in order to prepare the same for posting. Further, we shall have the right to check the News Submission for accuracy, and you shall be available to and cooperate with us in such checking. You will verify all facts in the News Submission and will furnish the underlying material to the us at our request and at your expense. It is in our sole and absolute discretion as to whether or not we post your News Submission.

Videos submitted to us must comply with the following rules: - Videos must comply with all applicable laws. - Videos must not be obtained by trespassing on property of another. - Images of faces, license plates, or identifying information may be blurred by us. - Videos captured through the use of drones. Any drone used to capture video must be registered with the Federal Aviation Agency and must comply with the requirements of US Code of Federal Regulations, title 14 part 107. Any person operating such a drone must have a current remote pilot certificate with a small UAS rating issued by the FAA and must comply with the requirements of US Code of Federal Regulations, title 14 part 107. - If edited videos are submitted we may require the original unedited raw footage to be submitted. - You must identify yourself on the video by name and request and obtain on the video the interviewee’s name and their permission to record them to the extent required by law.

NOW Rewards Program Details

8. User Content/Postings Other than NOW News Submissions.

We have the right, but not the obligation, to monitor or review discussions, chats, postings, third party reviews and other transmissions on the App. We assume no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on the App.

We are not responsible for the content users post on the App. You accept sole responsibility for any material you may submit via the App including without limitation photos, messages, text, information, videos, communications, user profiles (such as your name and user profile image or avatar), and any other content that you upload, share, publish or display on or through the App. You may not upload to, post, transmit, distribute or share content on the App that you did not create or that you do not have permission to share.

9. Terms Applicable to both NOW News and Other Content you post or Submit.

You warrant that any content you post, transmit, or share is owned by you or you have obtained permission for its use. Under no circumstances are we liable in any way for such content, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any such content. You understand and agree we have the right, but no obligation, to archive or to not publish, or make chats or discussions "Read Only," or to modify or remove App content (without notice or liability) if we, in our discretion, consider the content to be in violation of these Terms of Use or otherwise harmful to the App.

By posting or submitting content to the App, you understand and agree you grant us and our affiliates the license described above. You are not entitled to any compensation for UGC you post on the App unless otherwise agreed upon. We do not guarantee that you will have any recourse through us to edit or delete any content you have submitted. We reserve the right to remove or to refuse to post any submission for any reason.

By submitting any UGC to the App you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto or that you control all the rights to the content;
  • all "moral rights" that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you will be responsible for paying all royalties and other fees that might be due to any person or entity
  • you will indemnify us for all claims resulting from content you supply
  • you are at least 18 years old or have parental permission to post the UGC; and that
  • use of the content you supply does not violate these Terms of use and will not cause injury to or violate the rights of any person or entity.

All information you post to the App is visible to the general public. We shall not be subject to any obligations of confidentiality regarding such information.

10. Modifications to the App; Errors.

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the App, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the App or restrict your access to part, or all, of the App without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. The App (including the content) may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on any of the App and do not guarantee that they will be corrected.

11. Specific Prohibited Uses.

The App may be used only for lawful purposes by individuals using our authorized services. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the App. We specifically prohibit any use of the App, and require all users to agree not to use the App, for any of the following:

  • Posting or submitting any information which is incomplete, false, inaccurate or not your own;
  • Impersonating another person or misrepresenting your affiliation with any person or organization;
  • Committing or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation;
  • Posting or submitting content that is copyrighted or otherwise owned by a third party unless you have the permission of the owner to post it;
  • Posting or submitting material that is confidential, proprietary, reveals trade secrets, unless you own them or have the permission of the owner;
  • Posting or submitting material that is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, or infringes on any intellectual property, privacy or publicity right of another;
  • Posting or submitting material which we deem in our sole discretion to contain vulgar, profane, obscene, libelous, sexually-explicit, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial, ethnic, gender, or religious nature;
  • Posting or submitting personal information about any person (such as phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information about yourself;
  • Misleading the origin of any material you post or submit;
  • Transmitting or transferring (by any means) information or software derived from the App to foreign countries or certain foreign nations in violation of US export control laws;
  • Posting or submitting material that advertises, promotes or offers to trade or sell any goods or services;
  • Attempting to interfere in any way with the App’s or our networks or network security, or attempting to use the App’s service to gain unauthorized access to any other computer system.

12. Security Rules.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:

  • Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

13. Privacy Policy; User Information.

In the course of your use of the App, you may be asked to provide certain information to us. Our use of any information you provide via the App shall be governed by our Privacy Policy available. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

14. International Use.

We control and operate the App from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the App are appropriate or available for use in other locations. Persons who choose to access the App from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the App. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

15. Proprietary Rights.

As between you and us, (or other company whose marks appear on the App), we (or the respective company) are the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the App, and is the copyright owner or licensee of the Content and/or information on the App, unless otherwise indicated.

Except as otherwise provided herein, use of the App does not grant you a license to any Content, features or materials you may access on the App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by us. If you make use of the App, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the App.

The information on the App including, without limitation, all App design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, words or phrases may be protected under law as our trademarks, service mark or trade names or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

Our logos and service names are our trademarks. Without our prior permission, you agree not to display or use our trademarks in any manner. Nothing on the App should be construed to grant any license or right to use any of our trademarks without our prior written consent.

16. Copyright Complaints.

We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information:

        (i)   an electronic or physical signature of the person authorized to act on
              behalf of the owner of the copyright interest;

        (ii)  a description of the copyrighted work that you claim has been infringed
              upon; 

        (iii) a description of where the material that you claim is infringing is located
              on the App; 

        (iv)  your address, telephone number, and e-mail address; 

        (v)   a statement by you that you have a good-faith belief that the disputed use
              is not authorized by the copyright owner, its agent, or the law; and 

        (vi)  a statement by you, made under penalty of perjury, that the above
              information in your notice is accurate and that you are the copyright owner
              of authorized to act on the copyright owner’s behalf. Our copyright agent 
              for notice of claims of copyright infringement on the App can be reached as follows:

        Copyright Agent: admin@nownews.vip

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.

Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

17. Links from and to the App.

You may be able to link to third party websites (“Linked Sites”) from the App. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the App and/or introduce different features or links to different users.

Permission must be granted by us for any type of link to the App. To seek our permission, you may write to us. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the App, at our discretion at any time.

18. Indemnity.

You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

19. DISCLAIMER OF WARRANTIES.

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE APP WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE APP. WE ARE NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT OUR DIRECT INVOLVEMENT.

20. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, $100.00.

21. Special Terms for Apple Users.

Users of the App acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App. The following additional terms and conditions apply with respect to any App that we provide to you designed for use on an Apple iOS-powered mobile device:

  • You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).
  • Your use of our App must comply with Apple’s then-current App Store Terms of Service.
  • We, and not Apple, are solely responsible for our App and the services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our App.
  • You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our App or your possession and/or use of our App, including, but not limited to: (i) product liability claims pertaining to our App; (ii) any claim that our App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of our App.
  • You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our App or your possession and use of our App.
  • 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.
  • You agree to comply with all applicable third party terms of agreement when using our App (e.g., you must not be in violation of your wireless data service terms of agreement when using our App).
  • You and we agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license of our App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of our App as a third party beneficiary thereof.

22. Applicable Law/Jurisdiction.

You agree that the laws of the state of Tennessee, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the App may be subject to other local, state, national, and international laws.

You expressly agree that exclusive jurisdiction for resolving any claim or dispute with us or relating in any way to your use of the App resides in the state and federal courts located in Davidson County, Tennessee, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in Davidson County, Tennessee.

23. Class Action and Jury Trial Waivers.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

YOU AND WE IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY FOR ANY CLAIMS ARISING BETWEEN US IN CONNECTION WITH THE APP.

24. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Consent to Processing.

By providing any personal information to the App, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to us at the address below. Notices to you may be made via either email or regular mail. The App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the App.

26. Contacting Us.

To contact us with any questions or concerns in connection with this Agreement or the App, or to provide any notice under this Agreement to us please go to Contact Us or in writing at:

    Standard Media Group LLC  
    3201 West End Avenue, Suite 400  
    Nashville, TN 37203  
    315-314-2078  
    admin@standardmedia.com

27. General Information.

The Terms and our Privacy Policy constitute the entire agreement between you and us and govern your use of the App, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that are applicable to certain parts of the App.
You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of these Terms or your use of the App.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of our successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.