Usage Grant Terms
By using any NOW articles, NOW video footage, or NOW Transforming Hospitality GmbH (“NOW”) brand mark assets made available to you by NOW via electronic means (“Asset”) you agree to be bound by the following terms and conditions (“Terms”), which constitute a legal agreement between you and NOW. If you have questions regarding these Terms, please contact us at inquiry@itmustbenow.com. If you are entering into this agreement on behalf of your employer, then these Terms apply to your employer. Your employer’s use of Assets is deemed by NOW as apparent authority to bind your employer to these Terms.
NOW grants to you, and your employer if you are acting on behalf of your employer, a non-exclusive, non-sublicensable, non-transferable, royalty-free license to use, reproduce, distribute, publicly display or perform the selected Assets in accordance with these Terms (“the License”) for:
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Assets may not be used for advertising or other revenue generating purposes without express permission of NOW via a separate written agreement. You may not remove or alter any credit, attribution, copyright notice or trademark symbol included on or adjacent to the selected Asset(s). Subject to more restrictive conditions stated in Section 2, you may crop, rotate and re-size the Assets but you may not otherwise manipulate or alter them. Pornographic, defamatory, libelous or otherwise unlawful use of the Assets is prohibited. You agree not to make, authorize, or permit any use of any Asset except as specifically set forth in these Terms. Failure to comply with any of these Terms will automatically result in the revocation of the License granted for the Assets. Nothing in these Terms or License shall be construed to transfer any ownership or copyright in any Assets to you. Except as expressly stated herein, NOW grants you no right or license, express or implied, to the Assets.
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All Assets are licensed “as is”. NOW makes no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms or the licensing of Assets, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. In addition, any material that you download or otherwise obtain through our services is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material. IN no event SHALL NOW, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, NOR ITS LICENSORS be liable to you for any damages, including without limitation, direct or indirect, special incidental, moral or consequential damages, loss of profits, opportunities or information or for expenses arising FROM OR RELATED TO your use of THIS WEB SITE OR THE ASSETS PROVIDED THROUGH IT, even if NOW HAS BEEN advised of the possibility of such damages, losses or expenses.
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You agree to indemnify and hold NOW harmless against any claim for damages, losses or any costs, including attorneys' fees, arising from or related to your use of the Assets or this Website.
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These Terms represent the entire agreement concerning your usage of the Assets. No terms or conditions may be modified unless made in writing and signed by both parties. No action of NOW, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of NOW is authorized to waive it orally.
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This Agreement shall be governed and construed in accordance with the laws of Switzerland, without regard to the conflict of law principles thereof. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of Switzerland, and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
