Terms of Service
1) Your Acceptance
2) Now-Messenger Service
These Terms of Service apply to all users of the Now-Messenger Service. Information provided by our users through the Now-Messenger Service may contain links to third party websites that are not owned or controlled by Now-Messenger. Now-Messenger has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Now-Messenger will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Now-Messenger shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3) Now-Messenger Access
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Now-Messenger with your mobile number either by entry or automated collection of mobile number upon first launch if mobile number is detected by using underlying provided device api. You expressly acknowledge and agree that in order to provide the Service, Now-Messenger may access your phone contacts and/or address book on your device to query or track other users of the Service by their phone numbers. When requested to provide your mobile number, you must provide accurate and complete information. You hereby give your express consent to Now-Messenger to access your phone contacts and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect name, addresses or email addresses, just mobile numbers. You are solely responsible for any additional information(e.t.c Profile Status, Profile Name) that you provide and that are displayed for your mobile number on the Now-Messenger Service. You must notify Now-Messenger immediately of any breach of security or unauthorized use of your mobile number. Although Now-Messenger will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Now-Messenger or others due to such unauthorized use.
Intellectual Property Rights
The design of the Now-Messenger Service along with Now-Messenger created text, scripts, graphics, interactive features and the like, except user submission (ex. Profile status, Profile name, Profile photo, and e.t.c as described below) , and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Now-Messenger, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Now-Messenger reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes.
4) User Contents
The Now-Messenger Service allows Now-Messenger users to submit profile status, profile name, profile photos and other communications submitted by you, as well as the automatic sync of your “Last Seen” status which can be enabled or disabled in your settings. These submission may be hosted, shared, and/or published as part of the Now-Messenger Service, and may be visible to other users of the Service who have your mobile number in their mobile device and which you have not expressly blocked. For clarity, one-to-one messages, stickers, files that you send to other Now-Messenger users will only be visble to those Now-Messenger user(s) or group(s) you directly send such information; but User Submissions may be publicly viewed by Now-Messenger users that have your mobile number on their device, unless the user is blocked by you. You acknowledge and agree that any User Submissions may be publicly viewed by users that have your mobile number, so don’t submit profile status or profile photos that you don’t want to be seen publicly. As clarified in the following section, you retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, Now-Messenger does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. Because Now-Messenger is only acting as a repository of data, user submitted contents do not necessarily represent the views or opinions of Now-Messenger, and Now-Messenger makes no guarantees as to the validity, accuracy or legal status of any user submission. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Now-Messenger to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Submissions, but you have to have the rights in the first place. However, by submitting the User Submissions to Now-Messenger, you hereby grant Now-Messenger a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Now-Messenger Service and Now-Messenger's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Now-Messenger Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your submission on the Now-Messenger Service a non-exclusive license to access your User Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Now-Messenger Service.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Now-Messenger all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Now-Messenger or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
Adult content must be identified as such. Now-Messenger does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Now-Messenger expressly disclaims any and all liability in connection with User Submissions. Now-Messenger does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Now-Messenger will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile number of the Now-Messenger user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at Now-Messenger.com. Now-Messenger reserves the right to remove content and User Submissions without prior notice. Now-Messenger may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Now-Messenger employees, agents, subagents, superagents or superheros. Now-Messenger also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Now-Messenger may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand that when using the Now-Messenger Service you will be exposed to User Submissions from a variety of sources, and that Now-Messenger is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, and that such User Submissions are not the responsibility of Now-Messenger. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Now-Messenger with respect thereto, and agree to indemnify and hold Now-Messenger, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Now-Messenger Service.
Now-Messenger permits you to link to materials on the Service for personal purposes only. Now-Messenger reserves the right to discontinue any aspect of the Now-Messenger Service at any time.
5) Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Now-Messenger SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Now-Messenger, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. Now-Messenger MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Now-Messenger SERVICE. Now-Messenger DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Now-Messenger SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER SUBMISSION OR OTHER ADVERTISING, AND Now-Messenger WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
6) Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT Now-Messenger SHALL NOT BE LIABLE FOR USER CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Now-Messenger from its facilities in the United States of America. Now-Messenger makes no representations that the Now-Messenger Service is appropriate or available for use in other locations. Those who access or use the Now-Messenger Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Information Now-Messenger Collects
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile number, push notification name (if applicable), billing information (if applicable) and device information to Now-Messenger when choosing to participate in various uses of the Now-Messenger Service, such as registering as a user, updating your profile status, name or requesting profile status for your contacts. In order to provide the Now-Messenger Service, Now-Messenger may require access to your phone contacts or address book on your device to query the mobile numbers of other Now-Messenger users.
The Information Now-Messenger Does Not Collect
Now-Messenger does not collect location data, names, emails, addresses or other contact information from its users’ phone contacts or address book other than mobile numbers—the Now-Messenger mobile application will associate whatever name the Now-Messenger user has assigned to the mobile number in his/her phone contacts or address book — and this occurs dynamically on the device itself and not on Now-Messenger’s servers and is not transmitted to Now-Messenger.
The contents of messages that have been delivered by the Now-Messenger Service are not copied, kept or archived by Now-Messenger. Messages are relay to other users using either cell network or wifi. If the current user in the conversation does not have the app installed, the app will send the messages in form of SMS with the option to continue to receive and reply to the sms in a natural flow. When both users have the app, the both users have the option to send the message using various mode of messaging. User can opt to send message as SMS, Non-Realtime, and Realtime by choosing it within the chat window. When both users have the app and a message is sent but does not reach the expected receipient, then the message can be saved on the server for at least 1 day until it delivered. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Now-Messenger — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s devices (and which may be deleted at any time by the users). Notwithstanding the above, Now-Messenger may retain any other information which Now-Messenger is legally compelled to collect.
When Now-Messenger Discloses Information
Other users of the Now-Messenger Service may see your Content Submissions in a way that is consistent with the use of the Now-Messenger Service. For example, a profile status of "Not available at this time" set by your number will be available to every user of the Now-Messenger Service who has your mobile number in their phone contacts or address book . In other words: If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your profile status information unless you have chosen to block such user. Other information such as “Last Seen” information is displayed to each userwho has your mobile number in their phone contacts or address book (and which you have not blocked), and reflects the last approximate time the Now-Messenger mobile application has been used or brought to the foreground on your mobile phone. “Last Seen” information is reported to Now-Messenger when a user brings the mobile application to the foreground or when you enter a one-on-one chat.
Note to International Users
Changes and updates to this Privacy Notice
Last Modified Date: August 5, 2015