ABOUT US
Jespionne is a disruptive new multi-media platform utilizing influencers and scholars to collaborate and engage the global community into having a meaningful cultural and political dialogue across social platforms. Three key areas of focus are: News & Policy, Entertainment & Lifestyle and Social Media & Commerce.
ABOUT US
Jespionne is a disruptive new multi-media platform utilizing influencers and scholars to collaborate and engage the global community into having a meaningful cultural and political dialogue across social platforms. Three key areas of focus are: News & Policy, Entertainment & Lifestyle and Social Media & Commerce.
CONTRIBUTORS
Blue Chip South Asian
International Secondary Market
Blue Chip and AsianContemporary
LA Contemporary
South Asian Emerging
American Blue Chip
Artsy Expert
BACK ISSUE
CONTACT US
PRIVACY
This Privacy Policy describes how we treat and protect the information we collect about you. By interacting with us, you consent to these practices. This policy is effective from 17 February 2011 and was last updated on 24 September 2014. WHAT INFORMATION WE COLLECT We collect contact information and demographic information. When registering with JESPIONNE you provide your email address, and also create a user name and password. We collect information you submit or post. We collect information you post in a public space, on our social media pages or on our website. For instance we collect information you enter when registering and creating your profile on JESPIONNE (first and last name, email address, date of birth, country of residence, gender, profile picture), plus your favorite content on our website etc. We collect other information. If you use our website we may collect information about the browser you are using, or what website you came from. To learn more about our online tracking, please click on this link. HOW WE COLLECT INFORMATION We collect information directly from you. For example, if you create a user profile on our website. We collect information from you passively. We use tracking tools like browser cookies. We get information about you from third parties. For example, our business partners or social media platforms may give us information about you. HOW WE USE THIS INFORMATION We use information to improve our understanding of your interests and concerns. We may use your information to make our website better. We may use your information to customize your experience with us and to tailor our activities to fit your needs and interests. We may combine information we get from you with information about you we get from third parties. We use the information to send you emails about the categories in which you have expressed interest, should you choose to opt-in to receive email communications. We use information for security purposes. We may use information to protect our company, our customers, our associates, and our website. We also use information to protect against fraud. We use information to communicate with you about your account or our relationship. We may contact you about changes to our website or about service updates. We may also contact you about feedback or about this Privacy Policy or our website Terms of Use. We use information for other purposes. For example, we use information to maintain business records. We will do this for as long as we deem necessary. We also use information for internal purposes. This includes administrative and audit purposes. We also use information to meet legal, insurance and processing requirements. We will also use information as otherwise allowed by law, including if we have notified you. In some circumstances, we may seek your permission, for example, if we are legally required to do so. HOW WE MAY SHARE YOUR INFORMATION We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with service providers that help us operate our website, run promotions, analyze data and provide marketing assistance. We also may provide aggregate statistics about our users, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifiable information. We may share your information with any successor to all or part of our business. This includes if we are merged or all or part of our business or assets are transferred, assigned or sold. Your personal information will be disclosed to our successor or assign in these circumstances who can use and disclose your information for substantially the same purpose as set out in this Privacy Policy. We will disclose your information if we think we have to in order to comply with the law or to protect ourselves. This includes compliance with laws outside of the United States that might apply to us. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion. YOU HAVE CERTAIN CHOICES ABOUT INFORMATION SHARING AND RECEIVING EMAIL COMMUNICATIONS You may opt out of receiving our email communications. To opt out of receiving email communications from us at any time, you can change your email settings on your NOWNESS user profile page, or by clicking on the “Unsubscribe” link in an email. You may update your information or delete it from our website by updating your NOWNESS user profile page or by deleting your NOWNESS account. You can control if we share information with other users on our website by setting your profile to public or private. By opting for a public profile you agree that other users may view certain details of your account information such as your gender, country, profile image, and other information about your activities on the website, for example, your followers, who you follow, your loved films and playlists. You may change your profile from public to private at any time and vice versa. You can control cookies and tracking tools. To learn how we use cookies and other tracking tools and how to control these tracking tools, please click on this link. OUR WEBSITE AND CHILDREN Our website is meant for adults. We do not knowingly collect personal information from children without permission from a parent or guardian. If you are a parent or legal guardian and think your child has given us information without your permission, please contact us here, using ‘COPPA Information Request’ as the subject line. Parents can learn more about how to protect children's privacy online here. SECURITY MEASURES We use standard physical, electronic and procedural security measures. We use these measures to protect personal information in our control against loss or theft. We also use these measures to protect against unauthorized access. While we use standard security measures, the Internet is not 100% secure. We cannot guarantee that any of your personal information stored or sent to us will be completely safe. We encourage you to use caution when using these websites. WE MAY LINK TO THIRD PARTY SITES OR SERVICES WE DO NOT CONTROL You may be able to access certain third party sites from our website. This includes social media sites. This Privacy Policy does not apply to those third party sites. We strongly advise you to check the privacy policies of all third party sites you visit to find out how they are treating your personal information. We are not responsible for these third parties’ practices. WE OR OUR VENDORS STORE INFORMATION IN AND OUTSIDE OF THE UNITED STATES We or our vendors store information in and outside of the United States. Information we or our vendors maintain may be stored, processed or accessed both within and outside of the United States. You understand and agree that we may transfer your information to the United States or elsewhere and that the laws of these countries may not afford the same level of protection as those in your country. This website is subject to US law. In the United States, local laws may permit government and law enforcement to have access to your information. This may differ from the laws in your country. WE MAY UPDATE THIS PRIVACY POLICY From time to time we may change our privacy practices. We will notify you of any material changes as required by law. We will post an updated copy on our website. Please check this page for updates. FEEL FREE TO CONTACT US IF YOU HAVE MORE QUESTIONS We may establish and maintain a file of your information. This file is accessible at our office. Our authorized employees and agents have access to your information to perform their job requirements. To request access to your personal information, to request your personal information be deleted or to have us correct your personal information, please contact us here.
We use several common tracking tools on our website. Our vendors may also use these tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. We use these tools to: Recognize new or past users Store your password if you are registered on our website Improve our website Collect information about your browsing history Better understand the interests of our users and web site visitors and serve them with the most relevant content You can control tracking tools Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on our website from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings. If you block cookies on your browser, certain features on our website may not work. If you block or delete cookies, not all of the tracking that we have described in this Policy will stop. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
TERMS OF SERVICE
Welcome to JESPIONNE. By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our Privacy Policy, govern JESPIONNE’s relationship with you in relation to this website. These Terms of Use are effective immediately and were last updated on 11 December 2016. For further information and questions related to our Terms of Use and Privacy Policy, please complete the contact form found here. PLEASE READ CAREFULLY This Terms of Use Agreement (“Agreement”) is a legal agreement between you and JESPIONNE, LLC, a Delaware limited liability company (“JESPIONNE”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your access to and use of this website www.nowness.com (the “website”). Please read the Agreement carefully and print a copy for your records. We may from time to time modify these Terms of Use and will post a copy of the amended Agreement here: www.nowness.com/privacy/terms. If you do not agree to, or cannot comply with this Agreement as amended, you should not use the website. You will be deemed to have accepted this Agreement as amended if you continue to use the website after any amendments are posted on the website. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. 1. AUTHORIZED USERS Age Requirement; Authority. In order to use the website, you must be at least the age of legal majority and can form a legally binding agreement under applicable law. If you do not qualify you are not permitted to access the website. 2. USER INFORMATION You may browse the website without registering, but as a condition to using certain aspects of the website, taking advantage of the website and email communication services, a user of the website must first complete the profile registration page and provide certain personal information (“User Information”). Our information collection and usage policies with respect to such User Information are set forth in the JESPIONNE Privacy Policy. You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. 3. LICENSE TO USE THIS WEBSITE 3.1 Grant of License. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. 3.2 Restrictions. You agree that you will not: (i) use the website to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the website; or (iii) use the website in any way that violates the terms of this Agreement. 3.3 Termination. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. 4. SITE INFORMATION We try to ensure that the information posted on the website is correct and up-to-date.We reserve the right to change or make corrections to any of the information provided on the website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the website. 5. PROHIBITED ACTS By using the Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via the website or (c) attempt to gain unauthorized access to other computer systems through the website; (d) transmit any viruses or any other disabling mechanisms; (e) use the website for any illegal purpose, in violation of any applicable laws or regulations; (f) violate or infringe on any other party’s intellectual property, privacy, publicity, or other legal rights; (g) attempt to penetrate security measures of the website or obtain or bypass others’ passwords; (h) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable or inappropriate; (i) stalk or harass or harm another individual or (j)select or use as a User ID a name of another person with the intent to impersonate that person, select or use as a User ID a name subject to any rights of a person other than you without appropriate authorization, or select or use as a User ID a name that is otherwise offensive, vulgar or obscene. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other parties use and enjoyment of the website. We reserve the right to refuse registration, service and/or terminate access to the website without prior notice for any user who violates these policies. 6. COPYRIGHTS As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on the website. All title and intellectual property rights in and to the content provided on the website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. When you use or download any content from the website you do not acquire any ownership of any such content, code, data or materials. Copying, reproducing, downloading, posting or re-posting any content from this website (for anything other than strictly personal, non-public and non-commercial use), is strictly prohibited and constitutes a violation of copyright laws. 7. TRADEMARKS The trademarks, logos, service marks, graphics and trade names (collectively, the “Trademarks”) displayed on the website are registered and unregistered Trademarks of JESPIONNE or other rights holders and may not be used in any manner that is likely to cause confusion, or that disparages or discredits NOWNESS or the applicable rights holder. You do not receive, by implication or otherwise, any right or license to use any Trademark displayed on the website. 8. PRIVACY POLICY Our personal information practices on the website are governed by the JESPIONNE Privacy Policy. Click here to see our separate Privacy Policy. Please review the Privacy Policy and print a copy for your records. 9. TESTIMONIALS If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “Moral Rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name, and (iii) you grant us the right to publish your name, city, state and country of residence in connection with the posting or use of the Submission, such as in promotions or other publications, whether online or otherwise, including but not limited to the website and its affiliates, Facebook, Instagram, Pinterest, Twitter, Vimeo and YouTube. In no event are we obligated to use, reproduce, or publish any Submission. 10.TERM This Agreement will remain effective until terminated by us. 11. DISCLAIMERS 11.1 THE SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU “AS IS”. ANY USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO. 11.2 WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE OR YOUR USE OF THE SITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THE SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. 11.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 11.4 SOME OF THE CONTENT AVAILABLE THROUGH THE WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT. 12. LIMITATION OF LIABILITY 12.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT. 12.2 OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE DOLLAR (US $1.00). 13. INDEMNITY YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (i) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (ii) YOUR USE OR MISUSE OF THE SITE. 14. GENERAL 14.1 You will be responsible for providing the dial-up, DSL cable modem or other form of Internet access and any other hardware and software necessary to access and use the website. 14.2 This website may present links to third-party websites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this website. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. 14.3 This Site is owned by us and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. 14.4 If you know of, or suspect, copyright infringement, please complete the contact form found here. 14.5 This Agreement will be governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the website will be in the state and federal courts of the State of New York and the venue or the adjudication or disposition of any such claim, action or dispute will be in the City of New York, New York. All parties to this Agreement waive their respective rights to a trial by jury. 14.6 We may send notices to you with respect to your use of the website by sending an email message to the email address listed in your account, by sending a letter via mail to the contact address listed in your account, or by a posting a note on the website when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. 14.7 No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. 14.8 The section headings are for convenience only and will not be used to interpret this Agreement. 14.9 If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. 14.10 If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. 14.11 This Agreement will be binding upon and will inure to the benefit of NOWNESS and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with this website, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement. 14.12 Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination. 14.13 General Contact Information. For questions regarding this website please complete the contact form found here. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
ABOUT US
Jespionne is a disruptive new multi-media platform utilizing influencers and scholars to collaborate and engage the global community into having a meaningful cultural and political dialogue across social platforms. Three key areas of focus are: News & Policy, Entertainment & Lifestyle and Social Media & Commerce.
CONTRIBUTORS
Blue Chip South Asian
International Secondary Market
Blue Chip and AsianContemporary
LA Contemporary
South Asian Emerging
American Blue Chip
Artsy Expert
BACK ISSUE
CONTACT US
PRIVACY
This Privacy Policy describes how we treat and protect the information we collect about you. By interacting with us, you consent to these practices. This policy is effective from 17 February 2011 and was last updated on 24 September 2014. WHAT INFORMATION WE COLLECT We collect contact information and demographic information. When registering with JESPIONNE you provide your email address, and also create a user name and password. We collect information you submit or post. We collect information you post in a public space, on our social media pages or on our website. For instance we collect information you enter when registering and creating your profile on JESPIONNE (first and last name, email address, date of birth, country of residence, gender, profile picture), plus your favorite content on our website etc. We collect other information. If you use our website we may collect information about the browser you are using, or what website you came from. To learn more about our online tracking, please click on this link. HOW WE COLLECT INFORMATION We collect information directly from you. For example, if you create a user profile on our website. We collect information from you passively. We use tracking tools like browser cookies. We get information about you from third parties. For example, our business partners or social media platforms may give us information about you. HOW WE USE THIS INFORMATION We use information to improve our understanding of your interests and concerns. We may use your information to make our website better. We may use your information to customize your experience with us and to tailor our activities to fit your needs and interests. We may combine information we get from you with information about you we get from third parties. We use the information to send you emails about the categories in which you have expressed interest, should you choose to opt-in to receive email communications. We use information for security purposes. We may use information to protect our company, our customers, our associates, and our website. We also use information to protect against fraud. We use information to communicate with you about your account or our relationship. We may contact you about changes to our website or about service updates. We may also contact you about feedback or about this Privacy Policy or our website Terms of Use. We use information for other purposes. For example, we use information to maintain business records. We will do this for as long as we deem necessary. We also use information for internal purposes. This includes administrative and audit purposes. We also use information to meet legal, insurance and processing requirements. We will also use information as otherwise allowed by law, including if we have notified you. In some circumstances, we may seek your permission, for example, if we are legally required to do so. HOW WE MAY SHARE YOUR INFORMATION We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with service providers that help us operate our website, run promotions, analyze data and provide marketing assistance. We also may provide aggregate statistics about our users, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifiable information. We may share your information with any successor to all or part of our business. This includes if we are merged or all or part of our business or assets are transferred, assigned or sold. Your personal information will be disclosed to our successor or assign in these circumstances who can use and disclose your information for substantially the same purpose as set out in this Privacy Policy. We will disclose your information if we think we have to in order to comply with the law or to protect ourselves. This includes compliance with laws outside of the United States that might apply to us. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion. YOU HAVE CERTAIN CHOICES ABOUT INFORMATION SHARING AND RECEIVING EMAIL COMMUNICATIONS You may opt out of receiving our email communications. To opt out of receiving email communications from us at any time, you can change your email settings on your NOWNESS user profile page, or by clicking on the “Unsubscribe” link in an email. You may update your information or delete it from our website by updating your NOWNESS user profile page or by deleting your NOWNESS account. You can control if we share information with other users on our website by setting your profile to public or private. By opting for a public profile you agree that other users may view certain details of your account information such as your gender, country, profile image, and other information about your activities on the website, for example, your followers, who you follow, your loved films and playlists. You may change your profile from public to private at any time and vice versa. You can control cookies and tracking tools. To learn how we use cookies and other tracking tools and how to control these tracking tools, please click on this link. OUR WEBSITE AND CHILDREN Our website is meant for adults. We do not knowingly collect personal information from children without permission from a parent or guardian. If you are a parent or legal guardian and think your child has given us information without your permission, please contact us here, using ‘COPPA Information Request’ as the subject line. Parents can learn more about how to protect children's privacy online here. SECURITY MEASURES We use standard physical, electronic and procedural security measures. We use these measures to protect personal information in our control against loss or theft. We also use these measures to protect against unauthorized access. While we use standard security measures, the Internet is not 100% secure. We cannot guarantee that any of your personal information stored or sent to us will be completely safe. We encourage you to use caution when using these websites. WE MAY LINK TO THIRD PARTY SITES OR SERVICES WE DO NOT CONTROL You may be able to access certain third party sites from our website. This includes social media sites. This Privacy Policy does not apply to those third party sites. We strongly advise you to check the privacy policies of all third party sites you visit to find out how they are treating your personal information. We are not responsible for these third parties’ practices. WE OR OUR VENDORS STORE INFORMATION IN AND OUTSIDE OF THE UNITED STATES We or our vendors store information in and outside of the United States. Information we or our vendors maintain may be stored, processed or accessed both within and outside of the United States. You understand and agree that we may transfer your information to the United States or elsewhere and that the laws of these countries may not afford the same level of protection as those in your country. This website is subject to US law. In the United States, local laws may permit government and law enforcement to have access to your information. This may differ from the laws in your country. WE MAY UPDATE THIS PRIVACY POLICY From time to time we may change our privacy practices. We will notify you of any material changes as required by law. We will post an updated copy on our website. Please check this page for updates. FEEL FREE TO CONTACT US IF YOU HAVE MORE QUESTIONS We may establish and maintain a file of your information. This file is accessible at our office. Our authorized employees and agents have access to your information to perform their job requirements. To request access to your personal information, to request your personal information be deleted or to have us correct your personal information, please contact us here.
We use several common tracking tools on our website. Our vendors may also use these tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. We use these tools to: Recognize new or past users Store your password if you are registered on our website Improve our website Collect information about your browsing history Better understand the interests of our users and web site visitors and serve them with the most relevant content You can control tracking tools Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on our website from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings. If you block cookies on your browser, certain features on our website may not work. If you block or delete cookies, not all of the tracking that we have described in this Policy will stop. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
TERMS OF SERVICE
Welcome to JESPIONNE. By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our Privacy Policy, govern JESPIONNE’s relationship with you in relation to this website. These Terms of Use are effective immediately and were last updated on 11 December 2016. For further information and questions related to our Terms of Use and Privacy Policy, please complete the contact form found here. PLEASE READ CAREFULLY This Terms of Use Agreement (“Agreement”) is a legal agreement between you and JESPIONNE, LLC, a Delaware limited liability company (“JESPIONNE”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your access to and use of this website www.nowness.com (the “website”). Please read the Agreement carefully and print a copy for your records. We may from time to time modify these Terms of Use and will post a copy of the amended Agreement here: www.nowness.com/privacy/terms. If you do not agree to, or cannot comply with this Agreement as amended, you should not use the website. You will be deemed to have accepted this Agreement as amended if you continue to use the website after any amendments are posted on the website. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. 1. AUTHORIZED USERS Age Requirement; Authority. In order to use the website, you must be at least the age of legal majority and can form a legally binding agreement under applicable law. If you do not qualify you are not permitted to access the website. 2. USER INFORMATION You may browse the website without registering, but as a condition to using certain aspects of the website, taking advantage of the website and email communication services, a user of the website must first complete the profile registration page and provide certain personal information (“User Information”). Our information collection and usage policies with respect to such User Information are set forth in the JESPIONNE Privacy Policy. You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. 3. LICENSE TO USE THIS WEBSITE 3.1 Grant of License. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. 3.2 Restrictions. You agree that you will not: (i) use the website to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the website; or (iii) use the website in any way that violates the terms of this Agreement. 3.3 Termination. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. 4. SITE INFORMATION We try to ensure that the information posted on the website is correct and up-to-date.We reserve the right to change or make corrections to any of the information provided on the website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the website. 5. PROHIBITED ACTS By using the Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via the website or (c) attempt to gain unauthorized access to other computer systems through the website; (d) transmit any viruses or any other disabling mechanisms; (e) use the website for any illegal purpose, in violation of any applicable laws or regulations; (f) violate or infringe on any other party’s intellectual property, privacy, publicity, or other legal rights; (g) attempt to penetrate security measures of the website or obtain or bypass others’ passwords; (h) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable or inappropriate; (i) stalk or harass or harm another individual or (j)select or use as a User ID a name of another person with the intent to impersonate that person, select or use as a User ID a name subject to any rights of a person other than you without appropriate authorization, or select or use as a User ID a name that is otherwise offensive, vulgar or obscene. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other parties use and enjoyment of the website. We reserve the right to refuse registration, service and/or terminate access to the website without prior notice for any user who violates these policies. 6. COPYRIGHTS As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on the website. All title and intellectual property rights in and to the content provided on the website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. When you use or download any content from the website you do not acquire any ownership of any such content, code, data or materials. Copying, reproducing, downloading, posting or re-posting any content from this website (for anything other than strictly personal, non-public and non-commercial use), is strictly prohibited and constitutes a violation of copyright laws. 7. TRADEMARKS The trademarks, logos, service marks, graphics and trade names (collectively, the “Trademarks”) displayed on the website are registered and unregistered Trademarks of JESPIONNE or other rights holders and may not be used in any manner that is likely to cause confusion, or that disparages or discredits NOWNESS or the applicable rights holder. You do not receive, by implication or otherwise, any right or license to use any Trademark displayed on the website. 8. PRIVACY POLICY Our personal information practices on the website are governed by the JESPIONNE Privacy Policy. Click here to see our separate Privacy Policy. Please review the Privacy Policy and print a copy for your records. 9. TESTIMONIALS If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “Moral Rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name, and (iii) you grant us the right to publish your name, city, state and country of residence in connection with the posting or use of the Submission, such as in promotions or other publications, whether online or otherwise, including but not limited to the website and its affiliates, Facebook, Instagram, Pinterest, Twitter, Vimeo and YouTube. In no event are we obligated to use, reproduce, or publish any Submission. 10.TERM This Agreement will remain effective until terminated by us. 11. DISCLAIMERS 11.1 THE SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU “AS IS”. ANY USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO. 11.2 WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE OR YOUR USE OF THE SITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THE SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. 11.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 11.4 SOME OF THE CONTENT AVAILABLE THROUGH THE WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT. 12. LIMITATION OF LIABILITY 12.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT. 12.2 OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE DOLLAR (US $1.00). 13. INDEMNITY YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (i) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (ii) YOUR USE OR MISUSE OF THE SITE. 14. GENERAL 14.1 You will be responsible for providing the dial-up, DSL cable modem or other form of Internet access and any other hardware and software necessary to access and use the website. 14.2 This website may present links to third-party websites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this website. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. 14.3 This Site is owned by us and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. 14.4 If you know of, or suspect, copyright infringement, please complete the contact form found here. 14.5 This Agreement will be governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the website will be in the state and federal courts of the State of New York and the venue or the adjudication or disposition of any such claim, action or dispute will be in the City of New York, New York. All parties to this Agreement waive their respective rights to a trial by jury. 14.6 We may send notices to you with respect to your use of the website by sending an email message to the email address listed in your account, by sending a letter via mail to the contact address listed in your account, or by a posting a note on the website when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. 14.7 No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. 14.8 The section headings are for convenience only and will not be used to interpret this Agreement. 14.9 If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. 14.10 If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. 14.11 This Agreement will be binding upon and will inure to the benefit of NOWNESS and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with this website, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement. 14.12 Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination. 14.13 General Contact Information. For questions regarding this website please complete the contact form found here. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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CONTRIBUTORS
Blue Chip South Asian
International Secondary Market
Blue Chip and AsianContemporary
LA Contemporary
South Asian Emerging
American Blue Chip
Artsy Expert
BACK ISSUE
CONTACT US
PRIVACY
This Privacy Policy describes how we treat and protect the information we collect about you. By interacting with us, you consent to these practices. This policy is effective from 17 February 2011 and was last updated on 24 September 2014. WHAT INFORMATION WE COLLECT We collect contact information and demographic information. When registering with JESPIONNE you provide your email address, and also create a user name and password. We collect information you submit or post. We collect information you post in a public space, on our social media pages or on our website. For instance we collect information you enter when registering and creating your profile on JESPIONNE (first and last name, email address, date of birth, country of residence, gender, profile picture), plus your favorite content on our website etc. We collect other information. If you use our website we may collect information about the browser you are using, or what website you came from. To learn more about our online tracking, please click on this link. HOW WE COLLECT INFORMATION We collect information directly from you. For example, if you create a user profile on our website. We collect information from you passively. We use tracking tools like browser cookies. We get information about you from third parties. For example, our business partners or social media platforms may give us information about you. HOW WE USE THIS INFORMATION We use information to improve our understanding of your interests and concerns. We may use your information to make our website better. We may use your information to customize your experience with us and to tailor our activities to fit your needs and interests. We may combine information we get from you with information about you we get from third parties. We use the information to send you emails about the categories in which you have expressed interest, should you choose to opt-in to receive email communications. We use information for security purposes. We may use information to protect our company, our customers, our associates, and our website. We also use information to protect against fraud. We use information to communicate with you about your account or our relationship. We may contact you about changes to our website or about service updates. We may also contact you about feedback or about this Privacy Policy or our website Terms of Use. We use information for other purposes. For example, we use information to maintain business records. We will do this for as long as we deem necessary. We also use information for internal purposes. This includes administrative and audit purposes. We also use information to meet legal, insurance and processing requirements. We will also use information as otherwise allowed by law, including if we have notified you. In some circumstances, we may seek your permission, for example, if we are legally required to do so. HOW WE MAY SHARE YOUR INFORMATION We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with service providers that help us operate our website, run promotions, analyze data and provide marketing assistance. We also may provide aggregate statistics about our users, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifiable information. We may share your information with any successor to all or part of our business. This includes if we are merged or all or part of our business or assets are transferred, assigned or sold. Your personal information will be disclosed to our successor or assign in these circumstances who can use and disclose your information for substantially the same purpose as set out in this Privacy Policy. We will disclose your information if we think we have to in order to comply with the law or to protect ourselves. This includes compliance with laws outside of the United States that might apply to us. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion. YOU HAVE CERTAIN CHOICES ABOUT INFORMATION SHARING AND RECEIVING EMAIL COMMUNICATIONS You may opt out of receiving our email communications. To opt out of receiving email communications from us at any time, you can change your email settings on your NOWNESS user profile page, or by clicking on the “Unsubscribe” link in an email. You may update your information or delete it from our website by updating your NOWNESS user profile page or by deleting your NOWNESS account. You can control if we share information with other users on our website by setting your profile to public or private. By opting for a public profile you agree that other users may view certain details of your account information such as your gender, country, profile image, and other information about your activities on the website, for example, your followers, who you follow, your loved films and playlists. You may change your profile from public to private at any time and vice versa. You can control cookies and tracking tools. To learn how we use cookies and other tracking tools and how to control these tracking tools, please click on this link. OUR WEBSITE AND CHILDREN Our website is meant for adults. We do not knowingly collect personal information from children without permission from a parent or guardian. If you are a parent or legal guardian and think your child has given us information without your permission, please contact us here, using ‘COPPA Information Request’ as the subject line. Parents can learn more about how to protect children's privacy online here. SECURITY MEASURES We use standard physical, electronic and procedural security measures. We use these measures to protect personal information in our control against loss or theft. We also use these measures to protect against unauthorized access. While we use standard security measures, the Internet is not 100% secure. We cannot guarantee that any of your personal information stored or sent to us will be completely safe. We encourage you to use caution when using these websites. WE MAY LINK TO THIRD PARTY SITES OR SERVICES WE DO NOT CONTROL You may be able to access certain third party sites from our website. This includes social media sites. This Privacy Policy does not apply to those third party sites. We strongly advise you to check the privacy policies of all third party sites you visit to find out how they are treating your personal information. We are not responsible for these third parties’ practices. WE OR OUR VENDORS STORE INFORMATION IN AND OUTSIDE OF THE UNITED STATES We or our vendors store information in and outside of the United States. Information we or our vendors maintain may be stored, processed or accessed both within and outside of the United States. You understand and agree that we may transfer your information to the United States or elsewhere and that the laws of these countries may not afford the same level of protection as those in your country. This website is subject to US law. In the United States, local laws may permit government and law enforcement to have access to your information. This may differ from the laws in your country. WE MAY UPDATE THIS PRIVACY POLICY From time to time we may change our privacy practices. We will notify you of any material changes as required by law. We will post an updated copy on our website. Please check this page for updates. FEEL FREE TO CONTACT US IF YOU HAVE MORE QUESTIONS We may establish and maintain a file of your information. This file is accessible at our office. Our authorized employees and agents have access to your information to perform their job requirements. To request access to your personal information, to request your personal information be deleted or to have us correct your personal information, please contact us here.
We use several common tracking tools on our website. Our vendors may also use these tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. We use these tools to: Recognize new or past users Store your password if you are registered on our website Improve our website Collect information about your browsing history Better understand the interests of our users and web site visitors and serve them with the most relevant content You can control tracking tools Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on our website from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings. If you block cookies on your browser, certain features on our website may not work. If you block or delete cookies, not all of the tracking that we have described in this Policy will stop. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
TERMS OF SERVICE
Welcome to JESPIONNE. By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our Privacy Policy, govern JESPIONNE’s relationship with you in relation to this website. These Terms of Use are effective immediately and were last updated on 11 December 2016. For further information and questions related to our Terms of Use and Privacy Policy, please complete the contact form found here. PLEASE READ CAREFULLY This Terms of Use Agreement (“Agreement”) is a legal agreement between you and JESPIONNE, LLC, a Delaware limited liability company (“JESPIONNE”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your access to and use of this website www.nowness.com (the “website”). Please read the Agreement carefully and print a copy for your records. We may from time to time modify these Terms of Use and will post a copy of the amended Agreement here: www.nowness.com/privacy/terms. If you do not agree to, or cannot comply with this Agreement as amended, you should not use the website. You will be deemed to have accepted this Agreement as amended if you continue to use the website after any amendments are posted on the website. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. 1. AUTHORIZED USERS Age Requirement; Authority. In order to use the website, you must be at least the age of legal majority and can form a legally binding agreement under applicable law. If you do not qualify you are not permitted to access the website. 2. USER INFORMATION You may browse the website without registering, but as a condition to using certain aspects of the website, taking advantage of the website and email communication services, a user of the website must first complete the profile registration page and provide certain personal information (“User Information”). Our information collection and usage policies with respect to such User Information are set forth in the JESPIONNE Privacy Policy. You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. 3. LICENSE TO USE THIS WEBSITE 3.1 Grant of License. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. 3.2 Restrictions. You agree that you will not: (i) use the website to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the website; or (iii) use the website in any way that violates the terms of this Agreement. 3.3 Termination. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. 4. SITE INFORMATION We try to ensure that the information posted on the website is correct and up-to-date.We reserve the right to change or make corrections to any of the information provided on the website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the website. 5. PROHIBITED ACTS By using the Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via the website or (c) attempt to gain unauthorized access to other computer systems through the website; (d) transmit any viruses or any other disabling mechanisms; (e) use the website for any illegal purpose, in violation of any applicable laws or regulations; (f) violate or infringe on any other party’s intellectual property, privacy, publicity, or other legal rights; (g) attempt to penetrate security measures of the website or obtain or bypass others’ passwords; (h) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable or inappropriate; (i) stalk or harass or harm another individual or (j)select or use as a User ID a name of another person with the intent to impersonate that person, select or use as a User ID a name subject to any rights of a person other than you without appropriate authorization, or select or use as a User ID a name that is otherwise offensive, vulgar or obscene. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other parties use and enjoyment of the website. We reserve the right to refuse registration, service and/or terminate access to the website without prior notice for any user who violates these policies. 6. COPYRIGHTS As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on the website. All title and intellectual property rights in and to the content provided on the website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. When you use or download any content from the website you do not acquire any ownership of any such content, code, data or materials. Copying, reproducing, downloading, posting or re-posting any content from this website (for anything other than strictly personal, non-public and non-commercial use), is strictly prohibited and constitutes a violation of copyright laws. 7. TRADEMARKS The trademarks, logos, service marks, graphics and trade names (collectively, the “Trademarks”) displayed on the website are registered and unregistered Trademarks of JESPIONNE or other rights holders and may not be used in any manner that is likely to cause confusion, or that disparages or discredits NOWNESS or the applicable rights holder. You do not receive, by implication or otherwise, any right or license to use any Trademark displayed on the website. 8. PRIVACY POLICY Our personal information practices on the website are governed by the JESPIONNE Privacy Policy. Click here to see our separate Privacy Policy. Please review the Privacy Policy and print a copy for your records. 9. TESTIMONIALS If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “Moral Rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name, and (iii) you grant us the right to publish your name, city, state and country of residence in connection with the posting or use of the Submission, such as in promotions or other publications, whether online or otherwise, including but not limited to the website and its affiliates, Facebook, Instagram, Pinterest, Twitter, Vimeo and YouTube. In no event are we obligated to use, reproduce, or publish any Submission. 10.TERM This Agreement will remain effective until terminated by us. 11. DISCLAIMERS 11.1 THE SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU “AS IS”. ANY USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO. 11.2 WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE OR YOUR USE OF THE SITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THE SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. 11.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 11.4 SOME OF THE CONTENT AVAILABLE THROUGH THE WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT. 12. LIMITATION OF LIABILITY 12.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT. 12.2 OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE DOLLAR (US $1.00). 13. INDEMNITY YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (i) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (ii) YOUR USE OR MISUSE OF THE SITE. 14. GENERAL 14.1 You will be responsible for providing the dial-up, DSL cable modem or other form of Internet access and any other hardware and software necessary to access and use the website. 14.2 This website may present links to third-party websites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this website. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. 14.3 This Site is owned by us and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. 14.4 If you know of, or suspect, copyright infringement, please complete the contact form found here. 14.5 This Agreement will be governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the website will be in the state and federal courts of the State of New York and the venue or the adjudication or disposition of any such claim, action or dispute will be in the City of New York, New York. All parties to this Agreement waive their respective rights to a trial by jury. 14.6 We may send notices to you with respect to your use of the website by sending an email message to the email address listed in your account, by sending a letter via mail to the contact address listed in your account, or by a posting a note on the website when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. 14.7 No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. 14.8 The section headings are for convenience only and will not be used to interpret this Agreement. 14.9 If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. 14.10 If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. 14.11 This Agreement will be binding upon and will inure to the benefit of NOWNESS and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with this website, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement. 14.12 Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination. 14.13 General Contact Information. For questions regarding this website please complete the contact form found here. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
ABOUT US
Jespionne is a disruptive new multi-media platform utilizing influencers and scholars to collaborate and engage the global community into having a meaningful cultural and political dialogue across social platforms. Three key areas of focus are: News & Policy, Entertainment & Lifestyle and Social Media & Commerce.
CONTRIBUTORS
Blue Chip South Asian
International Secondary Market
Blue Chip and AsianContemporary
LA Contemporary
South Asian Emerging
American Blue Chip
Artsy Expert
BACK ISSUE
CONTACT US
PRIVACY
This Privacy Policy describes how we treat and protect the information we collect about you. By interacting with us, you consent to these practices. This policy is effective from 17 February 2011 and was last updated on 24 September 2014. WHAT INFORMATION WE COLLECT We collect contact information and demographic information. When registering with JESPIONNE you provide your email address, and also create a user name and password. We collect information you submit or post. We collect information you post in a public space, on our social media pages or on our website. For instance we collect information you enter when registering and creating your profile on JESPIONNE (first and last name, email address, date of birth, country of residence, gender, profile picture), plus your favorite content on our website etc. We collect other information. If you use our website we may collect information about the browser you are using, or what website you came from. To learn more about our online tracking, please click on this link. HOW WE COLLECT INFORMATION We collect information directly from you. For example, if you create a user profile on our website. We collect information from you passively. We use tracking tools like browser cookies. We get information about you from third parties. For example, our business partners or social media platforms may give us information about you. HOW WE USE THIS INFORMATION We use information to improve our understanding of your interests and concerns. We may use your information to make our website better. We may use your information to customize your experience with us and to tailor our activities to fit your needs and interests. We may combine information we get from you with information about you we get from third parties. We use the information to send you emails about the categories in which you have expressed interest, should you choose to opt-in to receive email communications. We use information for security purposes. We may use information to protect our company, our customers, our associates, and our website. We also use information to protect against fraud. We use information to communicate with you about your account or our relationship. We may contact you about changes to our website or about service updates. We may also contact you about feedback or about this Privacy Policy or our website Terms of Use. We use information for other purposes. For example, we use information to maintain business records. We will do this for as long as we deem necessary. We also use information for internal purposes. This includes administrative and audit purposes. We also use information to meet legal, insurance and processing requirements. We will also use information as otherwise allowed by law, including if we have notified you. In some circumstances, we may seek your permission, for example, if we are legally required to do so. HOW WE MAY SHARE YOUR INFORMATION We will share information with third parties who perform services on our behalf. For example, we share information with vendors who send emails for us. We may also share information with service providers that help us operate our website, run promotions, analyze data and provide marketing assistance. We also may provide aggregate statistics about our users, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifiable information. We may share your information with any successor to all or part of our business. This includes if we are merged or all or part of our business or assets are transferred, assigned or sold. Your personal information will be disclosed to our successor or assign in these circumstances who can use and disclose your information for substantially the same purpose as set out in this Privacy Policy. We will disclose your information if we think we have to in order to comply with the law or to protect ourselves. This includes compliance with laws outside of the United States that might apply to us. For example, we will share information to respond to a court order or subpoena. We may share it if a government agency or investigatory body requests. We might share information when we are investigating potential fraud. This might include fraud we think has happened during a sweepstakes or promotion. YOU HAVE CERTAIN CHOICES ABOUT INFORMATION SHARING AND RECEIVING EMAIL COMMUNICATIONS You may opt out of receiving our email communications. To opt out of receiving email communications from us at any time, you can change your email settings on your NOWNESS user profile page, or by clicking on the “Unsubscribe” link in an email. You may update your information or delete it from our website by updating your NOWNESS user profile page or by deleting your NOWNESS account. You can control if we share information with other users on our website by setting your profile to public or private. By opting for a public profile you agree that other users may view certain details of your account information such as your gender, country, profile image, and other information about your activities on the website, for example, your followers, who you follow, your loved films and playlists. You may change your profile from public to private at any time and vice versa. You can control cookies and tracking tools. To learn how we use cookies and other tracking tools and how to control these tracking tools, please click on this link. OUR WEBSITE AND CHILDREN Our website is meant for adults. We do not knowingly collect personal information from children without permission from a parent or guardian. If you are a parent or legal guardian and think your child has given us information without your permission, please contact us here, using ‘COPPA Information Request’ as the subject line. Parents can learn more about how to protect children's privacy online here. SECURITY MEASURES We use standard physical, electronic and procedural security measures. We use these measures to protect personal information in our control against loss or theft. We also use these measures to protect against unauthorized access. While we use standard security measures, the Internet is not 100% secure. We cannot guarantee that any of your personal information stored or sent to us will be completely safe. We encourage you to use caution when using these websites. WE MAY LINK TO THIRD PARTY SITES OR SERVICES WE DO NOT CONTROL You may be able to access certain third party sites from our website. This includes social media sites. This Privacy Policy does not apply to those third party sites. We strongly advise you to check the privacy policies of all third party sites you visit to find out how they are treating your personal information. We are not responsible for these third parties’ practices. WE OR OUR VENDORS STORE INFORMATION IN AND OUTSIDE OF THE UNITED STATES We or our vendors store information in and outside of the United States. Information we or our vendors maintain may be stored, processed or accessed both within and outside of the United States. You understand and agree that we may transfer your information to the United States or elsewhere and that the laws of these countries may not afford the same level of protection as those in your country. This website is subject to US law. In the United States, local laws may permit government and law enforcement to have access to your information. This may differ from the laws in your country. WE MAY UPDATE THIS PRIVACY POLICY From time to time we may change our privacy practices. We will notify you of any material changes as required by law. We will post an updated copy on our website. Please check this page for updates. FEEL FREE TO CONTACT US IF YOU HAVE MORE QUESTIONS We may establish and maintain a file of your information. This file is accessible at our office. Our authorized employees and agents have access to your information to perform their job requirements. To request access to your personal information, to request your personal information be deleted or to have us correct your personal information, please contact us here.
We use several common tracking tools on our website. Our vendors may also use these tools. These may include browser cookies. We may also use web beacons, flash cookies, and similar technologies. We use these tools to: Recognize new or past users Store your password if you are registered on our website Improve our website Collect information about your browsing history Better understand the interests of our users and web site visitors and serve them with the most relevant content You can control tracking tools Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. To control flash cookies, which we may use on our website from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings. If you block cookies on your browser, certain features on our website may not work. If you block or delete cookies, not all of the tracking that we have described in this Policy will stop. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
TERMS OF SERVICE
Welcome to JESPIONNE. By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our Privacy Policy, govern JESPIONNE’s relationship with you in relation to this website. These Terms of Use are effective immediately and were last updated on 11 December 2016. For further information and questions related to our Terms of Use and Privacy Policy, please complete the contact form found here. PLEASE READ CAREFULLY This Terms of Use Agreement (“Agreement”) is a legal agreement between you and JESPIONNE, LLC, a Delaware limited liability company (“JESPIONNE”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your access to and use of this website www.nowness.com (the “website”). Please read the Agreement carefully and print a copy for your records. We may from time to time modify these Terms of Use and will post a copy of the amended Agreement here: www.nowness.com/privacy/terms. If you do not agree to, or cannot comply with this Agreement as amended, you should not use the website. You will be deemed to have accepted this Agreement as amended if you continue to use the website after any amendments are posted on the website. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. YOU MAY BE DENIED ACCESS TO THE SITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT. 1. AUTHORIZED USERS Age Requirement; Authority. In order to use the website, you must be at least the age of legal majority and can form a legally binding agreement under applicable law. If you do not qualify you are not permitted to access the website. 2. USER INFORMATION You may browse the website without registering, but as a condition to using certain aspects of the website, taking advantage of the website and email communication services, a user of the website must first complete the profile registration page and provide certain personal information (“User Information”). Our information collection and usage policies with respect to such User Information are set forth in the JESPIONNE Privacy Policy. You are solely responsible for the accuracy and content of your User Information and you agree to keep it up to date. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. 3. LICENSE TO USE THIS WEBSITE 3.1 Grant of License. We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. 3.2 Restrictions. You agree that you will not: (i) use the website to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the website; or (iii) use the website in any way that violates the terms of this Agreement. 3.3 Termination. We may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. 4. SITE INFORMATION We try to ensure that the information posted on the website is correct and up-to-date.We reserve the right to change or make corrections to any of the information provided on the website at any time and without any prior warning. We cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the website, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the website. 5. PROHIBITED ACTS By using the Site, you represent, warrant and covenant that you will not; (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or send chain letters or pyramid schemes via the website or (c) attempt to gain unauthorized access to other computer systems through the website; (d) transmit any viruses or any other disabling mechanisms; (e) use the website for any illegal purpose, in violation of any applicable laws or regulations; (f) violate or infringe on any other party’s intellectual property, privacy, publicity, or other legal rights; (g) attempt to penetrate security measures of the website or obtain or bypass others’ passwords; (h) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable or inappropriate; (i) stalk or harass or harm another individual or (j)select or use as a User ID a name of another person with the intent to impersonate that person, select or use as a User ID a name subject to any rights of a person other than you without appropriate authorization, or select or use as a User ID a name that is otherwise offensive, vulgar or obscene. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other parties use and enjoyment of the website. We reserve the right to refuse registration, service and/or terminate access to the website without prior notice for any user who violates these policies. 6. COPYRIGHTS As between you and us, you acknowledge that we own or have a license to all title and copyrights in and to the content provided on the website. All title and intellectual property rights in and to the content provided on the website is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. When you use or download any content from the website you do not acquire any ownership of any such content, code, data or materials. Copying, reproducing, downloading, posting or re-posting any content from this website (for anything other than strictly personal, non-public and non-commercial use), is strictly prohibited and constitutes a violation of copyright laws. 7. TRADEMARKS The trademarks, logos, service marks, graphics and trade names (collectively, the “Trademarks”) displayed on the website are registered and unregistered Trademarks of JESPIONNE or other rights holders and may not be used in any manner that is likely to cause confusion, or that disparages or discredits NOWNESS or the applicable rights holder. You do not receive, by implication or otherwise, any right or license to use any Trademark displayed on the website. 8. PRIVACY POLICY Our personal information practices on the website are governed by the JESPIONNE Privacy Policy. Click here to see our separate Privacy Policy. Please review the Privacy Policy and print a copy for your records. 9. TESTIMONIALS If you submit or post a testimonial, comment, review, suggestion or any work of authorship (collectively a “Submission”) such Submission will not be confidential or secret, and may be used by us in any manner. By submitting or sending a Submission to us, you: (i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “Moral Rights” in such Submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name, and (iii) you grant us the right to publish your name, city, state and country of residence in connection with the posting or use of the Submission, such as in promotions or other publications, whether online or otherwise, including but not limited to the website and its affiliates, Facebook, Instagram, Pinterest, Twitter, Vimeo and YouTube. In no event are we obligated to use, reproduce, or publish any Submission. 10.TERM This Agreement will remain effective until terminated by us. 11. DISCLAIMERS 11.1 THE SITE (INCLUDING ALL ITS CONTENT) IS PROVIDED TO YOU “AS IS”. ANY USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO. 11.2 WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THE WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE OR YOUR USE OF THE SITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THE SITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. 11.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. 11.4 SOME OF THE CONTENT AVAILABLE THROUGH THE WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT. 12. LIMITATION OF LIABILITY 12.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT. 12.2 OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO ONE DOLLAR (US $1.00). 13. INDEMNITY YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (i) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (ii) YOUR USE OR MISUSE OF THE SITE. 14. GENERAL 14.1 You will be responsible for providing the dial-up, DSL cable modem or other form of Internet access and any other hardware and software necessary to access and use the website. 14.2 This website may present links to third-party websites not owned or operated by us. We are not responsible for the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this website. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. 14.3 This Site is owned by us and is protected by any applicable copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void. 14.4 If you know of, or suspect, copyright infringement, please complete the contact form found here. 14.5 This Agreement will be governed by the laws of the State of New York. The exclusive jurisdiction for any claim, action or dispute with us or relating in any way to your use of the website will be in the state and federal courts of the State of New York and the venue or the adjudication or disposition of any such claim, action or dispute will be in the City of New York, New York. All parties to this Agreement waive their respective rights to a trial by jury. 14.6 We may send notices to you with respect to your use of the website by sending an email message to the email address listed in your account, by sending a letter via mail to the contact address listed in your account, or by a posting a note on the website when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. 14.7 No failure by us or you to exercise any rights, powers or remedies hereunder or its delay to do so will constitute a waiver of these rights, powers or remedies, and all waivers by us will be in writing. The single or partial exercise of a right, power or remedy will not prevent its subsequent exercise or the exercise of any other right, power or remedy. 14.8 The section headings are for convenience only and will not be used to interpret this Agreement. 14.9 If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, without limitation, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. 14.10 If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. 14.11 This Agreement will be binding upon and will inure to the benefit of NOWNESS and its successors and assigns. This Agreement, together with any rules, policies, or additional terms associated with this website, constitutes the entire understanding and agreement of the parties respecting the subject matter of this Agreement. 14.12 Any provision of this Agreement which by its nature is intended to survive the termination of this Agreement will survive such termination. 14.13 General Contact Information. For questions regarding this website please complete the contact form found here. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.