Terms and Conditions – exclusively for the JP Offer
This document (“Agreement“) constitutes a legally binding agreement and it comprises the terms that govern the end user‘s (the “End User“) use of the NOW Music App (“Now“) solely in conjunction with the Johnston Press special offer (“JP Offer”). Now is provided by Now That’s What I Call Music LLP (the “Provider“).
In order to qualify for the JP Offer, the End User shall have one (1) special code from a participating Johnston Press publication during the two week period commencing on 19th December, 2017. The JP Offer allows the End User three (3) months free access to Now in accordance with these terms (the “Initial Period”). The JP Offer will expire on 31st January, 2018 and any codes must be redeemed by this date.
Now is a subscription service, which the End User must pay to access via a monthly subscription following the Initial Period. Now is available through a mobile device software application. For a more detailed description of the functions contained in the available versions of Now, please visit the webpage located at www.nowmusicplus.co.uk (“Now Website“).
Playlists, songs, parts of songs, images, texts and similar material provided through Now shall be referred to herein as “Content” in this Agreement.
- Terms for accessing Now
The End User is required to have read and accepted the terms of this Agreement before the End User may access and use Now. In order to use certain functions connected to Now, the End User is required to have an operating internet connection. The costs of the internet connection and / or mobile connectivity (including all data charges) shall be solely borne by the End User.
- Formation of contract
By clicking the “Sign-up” button when creating a Now account, the End User confirms that:
- the End User is at least 18 years old, or that the End User has received the permission of its parent or fiduciary to enter into the Agreement;
- all contact details as well as other information registered by the End User are true, accurate and complete;
- End User’s residence is in one of the countries in which the Provider provides Now;
- the End User will update such information in order to maintain its accuracy; and
- the End User accepts the terms comprised in the Agreement.
- Purchase of Now subscription
After entering the Code, access to Now is granted when the End User accepts the terms of this Agreement and simultaneously commits to paying the monthly fee (currently £4.99 but subject to price changes in accordance with this section) that is payable in order to access Now after the Initial Period. The fee that is payable for Now following the Initial Period will be charged in accordance with the payment method chosen by the End User for the purchase. By registering its account card number (when paying with a credit or bank card), the End User confirms that it is authorized to carry out the purchase and confirms that it is the lawful holder of the card. The End User may choose between several different payment methods which are all described in more detail on the Now Website.
Price changes may occur and in the event of any change in the price, such change will be communicated to the End User before the changes are applied. Price changes will be applied at the earliest at the end of the period that the End User has already been charged for and will thus be applied only for a period that the End User has not yet paid for. Continuous usage of Now by the End User after a price change will constitute as acceptance and consent to be charged at the new price. If the End User chooses to terminate its Now subscription after such a price change, the Agreement may be terminated in accordance with section 18 of the Agreement.
To purchase and access Now following the Initial Period requires the End User to enter into a new subscription agreement. Such subscription agreement will provide for subscription to Now on a monthly basis. When the End User purchases a subscription via a payment method that allows for automatic and reoccurring payments (i.e. credit card) the payment will be charged automatically when the payment for the next period lapses.
All prices on the Now webpage include VAT as well as all other fees and/or taxes.
- The Now Service
The key features of the Now Service are:
(a) NOW Chart: A top 40 artist chart curated by the NOW team;
(b) Home of NOW: A selection of NOW curated playlists and back catalogue albums and tracks. The length of these playlists will be variable except those that have been customised by NOW, which will all be capped at fifty.
(c) My NOW: An End User may generate a customised NOW playlist based on genre filters, selected by the End User. Once a playlist has been generated, an End User can then customise it by removing the music the End User doesn’t like. New songs automatically replace the removed tracks.
(d) Saved Song: An End User may temporarily save up to 100 songs for offline listening (meaning that the End User does not require a data or WiFi connection). An End User may swap saved tracks on an unlimited basis during the period of the subscription.
Now reserve the right to change the product features from time to time in its discretion.
- Subscription and automatic renewal
Following the Initial Period, an End User’s monthly subscription will automatically renew for another month at the end of each month. This automatic renewal will always consist of one (1) month regardless of the length of the previous subscription.
Automatic renewal of an End User’s subscription may be terminated in accordance with section 18 in the Agreement and such a termination must take place before the end of the subscription period.
The Provider reserves the right to modify the terms of the Now subscription. All modifications will be communicated to the End User in good time before they are applied. Any modifications will at the earliest be applied from the period which the End User has not yet paid for. Continued use of Now will be deemed consent of modifications to the terms in the subscription.
- Cooling-off Period
The End User has the right to cancel the Initial Period of Now at any time during the Initial Period. At the end of the Initial Period the Provider may automatically start to charge the End User for subscription of Now on the first day following the end of the Initial Period. The End User has the right to cancel any purchased subscription of Now within fourteen (14) days of the purchase of the subscription to Now (“Cooling-off Period“) but only if the End User has not logged into or otherwise used Now during the Cooling-off Period. The End User may invoke its right to cancel its subscription to Now during the Cooling-off Period by writing to Now That’s What I Call Music LLP, 9 Derry Street, London, W8 5HY or sending an email to email@example.com.
- Intellectual Property
The Content in Now and the Content that is provided through Now are owned by the Provider, its licensors or other rights holders and are solely for the End User’s private use. Copying, distribution or other usage of such Content is prohibited without the written consent from the rights holders. The End User has no right to commercially exploit, sell, resell, copy, distribute or market the Content or use the Content in a manner that requires a license for public performance. The End User may only utilise the Content on platforms owned or leased by the End User and that support the copyright protection software and/or hardware. The End User may not circumvent the copyright protection software and/or hardware in Now.
- Other Intellectual Property Rights
The Content provided through Now is owned by the Provider, its licensors or other rights holders and is protected in each country according to their respective intellectual property right laws. The Content provided through Now may therefore not be used in a manner that is not expressly permitted under this Agreement and the End User confirms that it fully understands this limitation by accepting this Agreement in accordance with section 3 in the Agreement.
- Restrictions of the End User’s use of Now
Now may be used for personal use only. Commercial and public use of Now is prohibited. Use of Now in a manner that violates the restrictions of rights that govern the Now Content is prohibited, such uses includes, without limitation:
- technically interfering with Now to use Now or the Content provided through it (including, without limitations, songs, images and text) in any other way than intended,
- copying and/or publishing Now Content,
- recreating, modifying or in any other manner creating derivative works based on Content provided through Now ,
- handing out or providing others with user name or password or use another person’s user name or password,
- using Now in a manner that violates and/or breaches the terms of this Agreement,
- In addition to the above, the End User agrees to undertake reasonable care to prevent unauthorized use of Now and its Content.
- Reservations of rights by the Provider
If the End User fails to fulfill the responsibilities under this Agreement, and when such failure is not caused by the Provider, the Provider may in accordance with consumer legislation terminate the End User’s access to Now.
The Provider reserves the right to fully terminate Now at its own discretion. In the event Now is terminated prematurely the Provider shall refund End User any payments charged relating to the period after Now was terminated.
The Provider reserves the right to use information relating to the End User in connection with the development of Now, for technical service, for internal statistics, and in the continuous internal work in order to improve and market Now. This information will not be made available to third parties save for third parties engaged by Now to provide analytical and CRM services.
The Provider will also have the right to gain access to necessary technical information from operators and other network providers in order to provide the current services.
The Provider reserves the right to communicate with the End User through various marketing spaces present at each respective time through the various platform versions of Now.
- No warranty
Now is provided on an ‘as is’ basis and the Provider reserves the right to modify the functions and the supply of Content with regards to Now on a continuous basis.
The End User uses Now at its own risk (including, but not limited to its Content). The Provider does not, to the extent possible in accordance to current legislation, give any warrantees, neither expressed nor implied, regarding Now’s quality, Content, availability or suitability for a certain purpose.
Minor technical problems may occur. Regular updates of Now will take place.
The Provider shall under no circumstances be responsible for direct, indirect, temporary or consequential damages (including, but not limited to loss of data, disruptions, computer errors or economic loss) occurring when using or when unable to use Now.
The Provider excludes all liability arising from situations caused by possible technical problems, maintenance, temporary disruptions in music services provided by a third party to which is linked from Now, as well as if any of third party’s music services are changed with regards to structure or if terminated in whole.
The Provider also has the right to offer access to Now via mobile phone devices that it finds suitable.
The Provider reserves the right to cease to support certain mobile phone devices that have previously been supported.
- Technical limitations and modifications of Now
The Provider will do its best in order to keep Now running. However certain technical difficulties, problems or maintenance may at times lead to temporary disruptions to Now. The Provider reserves the right to at any time, temporarily or permanently, change or discontinue functions and capacities concerning Now with or without notice.
- Customer support
Should the End User have any questions regarding Now, the JP Offer or the Agreement the Now Customer Support service may be contacted. The Customer Support service can be found under “Support/Help” on the webpage.
The Provider is granted the right to assign the Agreement in whole or in part and without any restrictions. The End User is not permitted to assign the Agreement to a third party in whole or in part.
- Treatment of personal data
The End User agrees that it will indemnify and hold the Provider and its officials, executives, employees and licensors indemnified from any claims or demands (including but not limited to reasonable legal fees) made by a third party on grounds of or following the End User’s violation of any of the terms of this Agreement or of laws, regulations or third party rights.
- Term and termination
The Agreement is entered into and will become effective when the End User, according to section 3, accepts the Agreement or commences using Now and will be valid until it is terminated by the End User or the Provider. The End User may terminate its subscription at any point in time through its Now account. Unless the End User terminates the Agreement during the Initial Period, the Agreement will be terminated at the end of the monthly period that the End User has previously paid for. The Provider will not refund the remaining part of the previously paid subscription fees. The Provider reserves the right to terminate the Agreement or close the End User’s Now account at any point in time when Provider has reasonable suspicion that unpermitted or unauthorized use of Now has taken place. If the Provider terminates the Agreement or closes the End User’s Now account based on any of the reasons stated in this section, the Provider shall have no liability or responsibility to the End User and will not refund any fees previously paid by the End User.
- The Entire Agreement
This Agreement constitutes all the terms agreed between the End User and the Provider and supersedes any prior agreements, whether written or oral.
If, for any reason, any provision in this Agreement should be held wholly or partially invalid or unenforceable such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions in the Agreement and the application of that provision shall be enforced to the extent permitted by law.
- Amendments to the Agreement
The Provider is entitled to amend the existing terms by announcing an updated version on the Now Website. Continuous use of Now will be regarded accepting acceptance by End User of the amended terms.
The terms of this Agreement shall be governed in all aspects by the Laws of England and Wales. Any dispute, controversy or claim arising out of or in connection with this Agreement will be adjudicated solely in the courts of England.
Your Peace of Mind
Now Limited (“Now ” “us” or “we“) operates the website, www.nowmusicplus.co.uk (“Website“) and the Now application (the “App”) and respects the security and privacy concerns of users of the Website and the App and all its websites and applications. We are notified under the Data Protection Act 1998 (the “Act“) and comply with the Act in all our dealings with your personal data.
WHO WE ARE:
A SPECIAL NOTE TO CHILDREN UNDER 13 YEARS OF AGE YOU MUST BE 13 YEARS OF AGE OR OLDER TO REGISTER WITH OUR WEBSITE. PLEASE DO NOT REGISTER IF YOU ARE UNDER 13 YEARS OF AGE.
A SPECIAL NOTE TO PARENTS
Parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission.
HOW WE COLLECT YOUR DATA
(a) From you
We may collect and process personal data relating to you by you providing such personal data by filling in forms on our website or by you contacting us. This includes, but is not limited to, (such as your name, email address, emailing address, etc), demographic information (such as your country, gender, etc.), and profile data (such as your music preferences, entertainment practices, etc). We use this information to communicate with you and provide the services you have requested, and to provide a more personalized experience on our sites. For example, to become a member of our website, subscribing to any services (e.g. newsletters), purchasing downloads, posting material or requesting further services. We use demographic and profile information about you in order to improve our service, for research purposes, marketing/promotional purposes and/or for industry reporting purposes, among others. By visiting our website, you consent to our collection and use of your data.
When you enter or participate in prize draws, sweepstakes and competitions on our website, we request contact information from you (such as your full name, email address, mailing address, and telephone number) and may also request demographic or profile information. We will use the information you provide for the purpose of conducting the promotion (for example, to contact you if you have won). We may also use the information to send you newsletters and other information we think may be of interest to you. Recipients of our mailings can unsubscribe by following instructions that may appear at the end of the email communication. Any personal information we collect may be associated with registration information. We may sometimes partner with sponsors in offering prize draws, sweepstakes and competitions, and may share (provide and receive) information with them. We may share aggregate information with others. By entering or participating in such contests, sweepstakes, and surveys, you affirmatively consent to our collection and use of your data.
(b) By using cookies
In addition, we may use ‘cookies’ to collect data relating to your general internet usage (see also ‘Third Party Cookies’ below). This data may include IP-addresses, browser version, number of visits and similar such data relating to your navigation of the internet and our website. A ‘cookie’ is a small text file that is placed on your computer’s hard drive. Cookies help us to improve our website and to deliver a better and more personalised service, for instance by storing information about your preferences and allowing us to recognise you when you return to our website. You may refuse to accept cookies by activating settings on your internet browser. However, please note that if you select such settings you may be unable to access certain parts of our website.
TRANSMISSION OF YOUR DATA VIA THE INTERNET
Unfortunately, the transmission of information via the internet is not completely secure. Any transmission is therefore at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access. However, we cannot guarantee that any information you submit to us will be free from unauthorized third party intrusion. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
WHERE YOUR DATA IS KEPT OR TRANSFERRED
HOW WE USE YOUR DATA
We use the data collected from our site in the following ways: (i) to ensure that content from our site is presented in the most effective manner for you and for your computer, (ii) to provide you with information, products or services that you have requested from us (or third parties, where appropriate) or which, based on your musical preferences or use, we feel may interest you, (iii) to carry out our obligations arising from any contracts entered into between you and us, (iv) to allow you to participate in interactive features of our service, when you choose to do so (v) to notify you about changes to our service.
WITH WHOM WE SHARE YOUR DATA
Subject to the other terms of this policy, and where appropriate, we may share your personal data with the following:
(a) Group companies and third party service providers
We may share your personal data with our affiliated or group companies worldwide and third party service providers.
We may share your personal data with those artists (and their management companies) that you have expressed an interest in, who may then use your data, in accordance with this policy, to keep you updated with information about them.
(c) Other third parties
We may transfer, sell or assign any data, including personally identifiable data, to third parties, only in connection with the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of NOW That’s What I Call Music LLP, or any part of it. We may share with others, at our discretion, certain aggregate statistical data about purchases and the use of our content, which data may include demographic data such as the age range and/or geographic location of groups of users. No personal data (such as names or email addresses) will be identifiable from such statistics.
(d) In special circumstances
We may disclose personal data in special cases when we have reason to believe that disclosing this data is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the rights or property of those described above in paragraph (a) or (b). We may also disclose your personal data when we believe in good faith that the law requires us to do so.
YOUR RIGHT TO OBTAIN, CHANGE OR REMOVE YOUR DATA
THIRD PARTY COOKIES
Some of the advertisements on this site may be generated by third party partners. These third parties may use their own “cookies” to track how many unique users have seen, or click on, a particular advertisement. These cookies cannot be used to identify you as an individual, and are used only for statistical purposes or, for example, to provide advertisements that are more relevant to your preferences. NOW That’s What I Call Music LLP is not responsible for third party cookies, other than allowing them to be served via our websites. However, we may use statistical information arising from these third party cookies that is provided to us, if at all, by such third parties to improve the targeting of advertisements to users (see also ‘How we collect your data’ above). If you wish to block third party cookies, you can do so in your browser’s security settings to either reject all cookies, to only allow cookies on “trusted” sites, or to accept only those cookies from those websites which you are currently on.
Security for all personally identifiable information is extremely important to us. We store your personal information securely, and use special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction