Effective July 1, 2021

This Privacy Policy describes the information we collect when you use the Now United website (the “Site”), which is made available by XIX United LLC. It is important to us that you understand this Privacy Policy. If there is anything you do not understand, let us know by contacting us using the contact information at the end of this Privacy Policy.

When we say “we”, “our”, or “us,” we are referring to XIX United LLC.

What kinds of information do we collect?

When you use the Site, we collect information about you.
• If we are able to identify or locate you using the information we collect, we call that “Personal Information.” Examples of Personal Information include your name, email address, mailing address, phone number, and IP address.
• Some information we collect we cannot use to identify or locate you. Examples of this non-personally identifiable information include aggregated information about traffic and activity on the Site (such as pages clicked, pages viewed, and browser types).

The categories of information we collect depend on how you use the Site.

Information and content you provide. We collect the content, communications and other information you provide when you use the Site, including when you sign up for an account, take a quiz, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. If you consider information or content particularly sensitive and do not want us to collect it, do not share it with us on the Site.

Information about your transactions on the Site. If you purchase a product on the Site, we collect information about that purchase, such as your billing and shipping details. We use a third party to process your payments, so we do not ourselves collect, process, or store your payment card details.

Information we collect from social media networks and search engines. We may collect information about you from social media networks and search engines. For example, if you connect to the Site through your Instagram account, we may collect information about your Instagram account, such as your name, photos, and friends. The information that we collect from third party social media networks will depend on your privacy settings on those networks.

Information about your device. We collect information from about the computers, phones, and other devices that you use to access the Site. We may also combine this information across different devices you use. Information we obtain about your devices includes, for example: device identifiers (such as IP address and device ID); attributes (such as operating system and software version); network and connections (such as mobile operator and internet service provider); geolocation, and cookie data (such as cookie ID and settings).

Information about your use of the Site. We collect information about how you use the Site, such as the types of content you view, the features you use, the actions you take, the people or account you interact with, and the time, frequency, and duration of your activities.

How do we use your information?

How we use the information we collect depends on how and why we collected it. For example, we may use the information to:
• Improve and personalize the features and content of the Site, such as curating content and advertisements that we think may interest you; • Allow you to create and use your account; • Enable you to publish, support, comment, and engage with the Site, its content, and other users; • Respond to your inquiries and requests, such as if you contact or email us with a question; • Send you news and updates about the Site and Now United.; • Aggregate your information with other users to better understand how users use the Site; or • Fulfill other internal business purposes, such as preventing fraud and abuse and informing you of important administrative or transactional information.

When do we share your information?
We may share your Personal Information:

With our service providers. We work with third parties that provide services to support our business, such as providing technical infrastructure services, analyzing how the Site is used, facilitating payments, and conducting surveys. We may share your Personal Information to our service providers to enable them to provide services to us.

As required by law. We may share your Personal Information with law enforcement or in response to a legal request. In addition, we may need to share your Personal Information in response to a subpoena or similar legal process.

To protect and defend rights. We may share your Personal Information when we believe that sharing it is necessary to protect our rights and the rights of others, including to enforce our policies.

With a new owner. If the ownership or control of all or part of our assets, including the Site, changes, we may share your Personal Information with the new owner.

We may share any aggregated or other non-personally identifiable information with third parties for all lawful purposes.

What rights and choices do you have?

Turning off your location sharing. You can control whether your device shares precise location information with via Location Services, a setting on your mobile device. If you turn off your Location Services, we may still understand your location through your content, such as if you tag your location in a photo.

Exercising your rights: You can exercise rights over your Personal Information in the following ways:
• Opt out of receiving our marketing by clicking the “unsubscribe” link in any marketing email you receive from us. Note that you may still receive important administrative or transactional announcements from us via email.

We will respond to your requests to exercise your rights within a reasonable timeframe.

Data Collection Technologies

We may use cookies, web beacons, and other data collection technologies to help us understand our visitors and improve the Site and the services we offer. “Cookies” are small, often encrypted text files that contain small amounts of information that are stored on your computer or your mobile device’s browser directory. Cookies help us track usage behavior so that we can tailor information to make your visits more enjoyable and meaningful. For example, we use Google Analytics to collect information about how often users visit the Site, what pages they visit when they do, and what other websites they used prior to coming to the Site. For more information about Google’s ability to use and share information collected by Google Analytics, please see the Google Analytics Terms of Service and the Google Privacy Policy.

You can block cookies by setting the preferences available in your browser. If you block cookies, you may not be able to access certain areas or functionality of the Site. To find more information about cookies, visit www.allaboutcookies.org.

Other technologies: Other technologies such as pixels and web beacons may also be used on our website, apps, in email messages and in other areas of our business. These technologies are used to improve our products and services as well as our marketing efforts.

Behavioral advertising:We may serve targeted advertisements when you visit our Site or across the internet. We do this to provide you with advertising that we believe may be relevant for you as well as improve our own products and services, including the functionality and performance of our Site. For more information regarding targeted advertisements and/or to opt out of automatic collection for these purposes, please visit http://www.aboutads.info/choices/.

Do Not Track signals: Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. At present, the Site does not respond to “Do Not Track” signals and consequently, the Site will continue to collect information about you even if your browser’s “Do Not Track” feature is activated. When you use the Site, we may permit third parties to collect information about your use of the Site, including your activities over time and across different websites.

Security

Protecting your Personal Information is important to us. Unfortunately, no data transmission over the Internet can be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot guarantee or warrant the security of the Personal Information you transmit to us through the Site.

Note to International Visitors

We are located in the United States, operate the Site from the United States, and the Personal Information we collect about you is stored on servers located in the United States. The laws of the United States may differ from the laws in your home country. By using the Site, you understand that we will process your Personal Information in the United States, consistent with this Privacy Policy and in accordance with U.S. laws.

Children’s Privacy

The Site is not intended for or directed to children under 13, and we do not knowingly collect Personal Information directly from children.

Your California Rights

California residents may request certain information regarding our disclosure of their Personal Information to third parties for those third parties’ direct marketing purposes. To make such a request, please contact us using the information in the “contact us” section below. This request may be made no more than once per calendar year, and we reserve our right not to respond to requests submitted other than to the email or mailing addresses specified below.

Third Party Links and Websites

The Site may contain links to other websites that we do not own, operate, or control. We are not responsible for the information practices or the content of these third party websites.

Changes to this Privacy Policy

We may need to update this Privacy Policy to reflect changes in the law or our information practices. We will notify you in advance of any material updates to this Privacy Policy by providing notice on the Site or via email, if we have your email address on file. Any new policy will replace all old versions of the Privacy Policy.

Contact Us

If you have questions about this Privacy Policy or about the information we collect and hold about you, email us at [email protected]. We will respond as soon as we can.

You can also write or call us at:

XIX United LLC
9000 West Sunset Boulevard, Penthouse
West Hollywood, CA 90069
(310) 746-1919

Effective July 1, 2021

These Terms of Use, together with our Privacy Policy, govern the use of the Now United website (the “Site”), which is made available by or on behalf of XIX United LLC (“XIX United,” “we,” “us” or “our”). Please read these Terms of Use and our Privacy Policy carefully before using the Site. By using the Site, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with anything stated in these Terms of Use or ourPrivacy Policy, please exit and discontinue use of the Site

1. Certain Definitions. As used in these Terms of Use:

▪ “Content” means all content, information and material made available on or through the Site, including, without limitation, text, photos, images, graphics, music, audios, videos, and digital goods (such as downloadable audio and/or video files in any format), as well as all layout design and look and feel elements of the Site.

▪ “Now United” means the global pop music group known as “Now United.”

▪ “Suppliers” means all of the following: (i) third parties that license their intellectual property to XIX United for use in connection with the Site, including, without limitation, the group members of Now United; (ii) third-party sponsors and promotion partners of Now United; and (iii) third parties that provide software and/or other technology components or support to XIX United in connection with the operation of the Site.

▪ “User” or “you” means anyone who uses the Site.

2. Changes. From time to time we may change these Terms of Use. Any material changes to these Terms of Use will be effective thirty (30) days following our notification to you by email or by posting a notice of the changes on the Site. By continuing to use the Site after such 30-day period, you are deemed to have agreed to the changes. If you do not agree with a change to these Terms of Use, your sole and exclusive remedy will be to discontinue use of the Site.

3. Consent to Electronic Communications. By using the Site and providing your email address and/or mobile number, you consent to receiving electronic communications from us that are related to your use of the Site. These electronic communications may include emails, text messages, and (if you have registered on the Site) notifications directly posted to your account on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that the same be in writing.

4. Account Registration. Access to certain features of the Site (such as member-exclusive content) requires the registration of an account. By registering an account on the Site, you warrant that all account information you submit is your own information and is truthful and accurate. You understand and agree that we may immediately suspend or terminate your account if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to keep your account information accurate and current. As the account holder, you are responsible for safeguarding your account login information (username and password), and you should notify us immediately in the event your account login is lost, stolen, or used by another without your permission. You are responsible for all activities on your account, including those of any User you allow to access your account, and any misconduct by you or any such User may result in termination of your account.

5. Mobile Service Charges. If you use the Site on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data and/or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.

6. Reservation of Rights. We reserve the right to modify or discontinue all or any part of the Site at any time in our sole discretion, with or without notice. We will not be liable to you or to any other User, if for any reason all or any part of the Site becomes unavailable at any time or in any location. If you register an account on the Site, we reserve the right to suspend or terminate your account, if we determine (in our sole judgment) that you are in violation of these Terms of Use or any applicable law or that your use of the Site may expose us to liability of any kind, or may adversely affect the brand or reputation of Now United.

7. Intellectual Property Rights. The Site and all Content and all associated worldwide copyrights and other intellectual property or proprietary rights, are the property of XIX United and our affiliates, and are protected by intellectual property and other laws in the United States and other countries. Other than a limited license to use as specified in Section 7 below, you have no other right or license with respect to the Site or any Content. Any unauthorized use of the Site or any Content is strictly prohibited and may result in civil and/or criminal penalties.

The name NOW UNITED® is a registered trademark of XIX United. Any unauthorized use of that name is strictly prohibited and may result in civil and/or criminal penalties. Third-party marks and logos, including those of our Suppliers, appearing on the Site are the property of their respective owners.

The Site uses software and other technology components provided by our Suppliers. Our Suppliers reserve all intellectual property and other proprietary rights in and to such software and other technology components, and any unauthorized use thereof is strictly prohibited and may result in civil and/or criminal penalties.

8. Limited License; Prohibited Uses. Subject to your compliance with these Terms of Use and all applicable laws, XIX United hereby grants you a revocable, non-exclusive, non-transferable, limited license to access the Site and Content for your own lawful personal and noncommercial use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us if you violate these Terms of Use or any applicable law. Unauthorized use, reproduction, modification, public display, public performance, or distribution (including by sale, lending, or otherwise) of any Content is strictly prohibited and may result in civil and/or criminal penalties. We reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms of Use.

Without limitation to the generality of the foregoing, if you download any Content from the Site, you understand and agree that you are only authorized to retain such downloaded Content for your own lawful personal and noncommercial use only and that you are not permitted to distribute (including by sale, lending, or otherwise), transfer, or otherwise disseminate such downloaded Content (or any derivative work thereof) to others.

You shall not: (i) use the Site or Content other than for your own lawful personal and noncommercial use only; (ii) use the Site or Content for fraudulent, impersonation, harassment, bullying, or other malicious purposes; (iii) disrupt or interfere in any way with the operation of the Site or any server, network or system associated therewith, or another’s use of the Site; (iv) modify or otherwise make derivative works from, or decompile, disassemble or otherwise reverse engineer, any software or other technology component of the Site; (v) disable, remove, breach, or circumvent any content protection or access control mechanisms (including geo-blocking mechanisms) associated with the Site or any Content; (vi) access another’s account or a password-protected area on the Site without proper authorization; or (vii) use any robot, spider, or other automatic device, process, or means to access the Site or Content for any purpose, including for monitoring or copying of Content from the Site.

9. Store Feature. The Site may include a store feature that enables Users to shop online for Now United merchandise. Use of such store feature (including the making of purchases) may be subject to such additional terms and policies as designated by us or our Suppliers.

10. Special Events. From time to time we may announce special events on the Site and may allow Users to sign up for such events directly on the Site. Participation in such events may be subject to such additional terms and policies as designated by us or our Suppliers.

11. Social Media Links. The Site contains links to the Now United pages/channels on third-party social media platforms (Facebook, Twitter, YouTube, Instagram, etc.). When you visit the Now United pages/channels on third-party social media platforms, you are subject to the terms and privacy policies of such third-party social media platforms, and not these Terms of Use or our Privacy Policy.

12. User Feedback. If you submit ideas, suggestions, comments, or other feedback concerning the Site (whether solicited or unsolicited) (“Feedback”) to XIX United, you understand and agree that: (i) XIX United and our affiliates, successors and assigns will be free to copy and use your Feedback for any and all commercial and non-commercial purposes (including, without limitation, for advertising, promotion, merchandising, and product/service development); (ii) your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality; (iii) your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and XIX United; and (iv) your Feedback submission may be used and retained indefinitely by XIX United and our affiliates, successors and assigns.

13. No Warranties; Limitation of Liability. THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, XIX UNITED AND OUR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, XIX UNITED AND OUR SUPPLIERS DO NOT WARRANT THAT: (i) THE SITE AND ALL CONTENT WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY DEFECT OR ERROR ON THE SITE OR IN ANY CONTENT WILL BE CORRECTED; OR (iii) THE SITE AND ALL CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL XIX UNITED OR ANY OF OUR AFFILIATES OR SUPPLIERS BE LIABLE TO YOU, WHETHER UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, OR LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE SITE OR ANY CONTENT OR YOUR USE THEREOF, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, DAMAGES OR LIABILITIES, SOME OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

14. User Indemnity. You agree to indemnify and hold harmless XIX United and our affiliates, successors and assigns, as well as our Suppliers, from and against any third-party claim (including all liabilities, damages, losses, costs and expenses associated therewith) arising out of or related to: (i) your use or misuse of the Site or any Content; (ii) your violation of these Terms of Use or any applicable law; or (c) your violation of any third party’s rights.

15. Governing Law. These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California, without regard to the conflict of laws principles thereof.

16. Miscellaneous. These Terms of Use, together with the other legal notices referenced herein, constitute the entire agreement between you and XIX United concerning the use of the Site and Content. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any provision of these Terms of Use which by its nature should survive the termination of these Terms of Use shall survive such termination.