Coins Terms of Use

Last Revised: March 3, 2015

PLEASE READ THESE COINS TERMS OF USE ("COIN TERMS") CAREFULLY. They contain important information regarding your legal rights, remedies, and obligations when you buy or use Coins. BY BUYING OR USING COINS, YOU AGREE TO BE BOUND BY THESE COIN TERMS. IF YOU DO NOT AGREE, DO NOT BUY OR USE COINS.

The Company may occasionally make virtual coins (“Coins”) available to registered members of the Nowvel Service (“Nowvel Members”). Coins may be redeemed for printed photobooks available through the Nowvel Service as determined by the Company in its sole discretion ("Photo Items").

These Coin Terms govern your purchase and use of Coins. The Company may change these Coin Terms at any time by posting the revised Coin Terms on the Company website. The revised Coin Terms will govern any purchase or use of Coins after the date we post the revised Coin Terms. You should review these Coin Terms before each time you buy or use Coins so you understand your rights, remedies and obligations.

Please note: Coins and Photo Items have no cash value and are not redeemable for any sum of money or monetary value from the Company.


I. Applicability

These Coin Terms apply only to Coins sold or given by the Company on devices utilizing iOS solely for use within the specific application that is downloaded from the Apple App Store and from which the Nowvel Member accesses the Nowvel payment interface (“iOS Coins”).


II. Other Terms

In addition to these Coin Terms, the purchase and redemption of Coins is subject to, and you agree to abide by, the Nowvel Terms of Use and any other rules and guidelines expressly referenced in any of the foregoing documents (collectively, the “Other Terms”), all of which are incorporated into this agreement by reference. If there is any inconsistency between the provisions of these Coin Terms and the Other Terms, the provisions of these Coin Terms shall prevail with respect to the purchase and redemption of Coins. The Coin Terms and the Other Terms shall collectively be referred to as the "Nowvel Terms."


III. Acquisition and Redemption of Coins

A. Account

To purchase Coins or redeem them for Digital Items, you must be a Nowvel Member. You are responsible for maintaining the security of your account and password and making sure that no one else has access to your account. You are responsible for all purchases and activities that occur under your account. The Company reserves the right to refuse or cancel orders at any time in our sole discretion, and we may apply limits to the number of Coins you may purchase or have in your account at any one time. The Company may also cancel Coins if it determines, in its sole discretion, that you received them in error, through fraud or deception, or in any manner not authorized by these Coin Terms.

B. Promotional Coins

The Company may issue promotional Coins by methods designated by the Company, such as through promotional activities or other means that do not require payment ("Promotional Coins"). The activities eligible to receive Promotional Coins, the number of Promotional Coins issued, the terms and conditions for the issuance of Promotional Coins, as well as other terms and conditions, solely will be determined by the Company.

C. Purchased Coins

The purchase price for Coins may change on a frequent basis without notice. The price you will be charged is the price displayed on the final purchase confirmation screen displayed on the checkout screen on the website or on your mobile handset (the “Price”). Coins that are purchased for real currency may be referred to herein as “Purchased Coins.”

D. Payment

By purchasing Coins from Company through the website or your mobile device, you authorize the Company or our designated payment processors to charge your specified payment method for the full purchase amount. When you provide your payment information, including your payment card number, you authorize the Company or our designated payment processor to store this payment information and any other related information. All sales are final unless we tell you otherwise in writing.

The purchase of Coins will become final when a GREE Member clicks the purchase button on the final purchase confirmation screen. However, the issuance of Coins may be delayed due to the circumstances of systems related to the GREE Service or other systems.

E. Taxes

You are responsible for all applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase and redemption of Coins and your licensing of Digital Items. If you do not pay the required taxes and fees, you will be responsible for payments of taxes, fees, and other penalties that are later determined to be due. The Company reserves the right to collect applicable taxes or other fees from you at any time.


IV. Redeeming Coins

A. Process

Nowvel Members may redeem Coins only by the method and within the scope prescribed by the Company. The Photo Items that the Nowvel Member may purchase by redeeming Coins, the number of Coins necessary for the Purchase of each Photo Item, and other terms and conditions for using Coins will be decided on a case-by-case basis for each Photo Item and will be displayed on the Company website or otherwise made available to you via your mobile device.

B. Use of Coins

Notwithstanding any use of the terms "purchase," "buy," "sell," "order" or the like, Coins you obtain are licensed, not sold, and you do not obtain title to or any ownership interest in any Coins.

All use of the Coins and Photo Items is for personal, noncommercial use only. The Company owns all right, title and interest in and to the Coins. Subject to the terms and conditions of these Coin Terms and Other Terms, you will have a limited, personal, revocable, non-transferable, non-sub licensable and non-assignable license to use Coins in accordance with the terms and conditions of the Nowvel Terms.

You understand that if you violate the Nowvel Terms, or if your membership is terminated for any reason, you may not be able to use the Coins.


V. Expiration Of Coins; Inactive Accounts

Except as otherwise designated in writing by the Company, Promotional Coins except Coins sold by the Company on devices utilizing iOS will expire by default in 7 days though certain Promotional Coins may expire sooner or later, and no longer be redeemable upon expiration. However, Purchased Coins do not expire.


VI. Restrictions

A. Redemption

Only the Nowvel Member who purchased the Coins, or who was issued the Promotional Coins, may submit the Coins to the Company for redemption, and Coins may be redeemed only for Photo Items.

B. Nonrefundability; Transfer.

Except as required by law or as the Company may otherwise determine in its sole discretion, Coins are nonrefundable and may not be sold, transferred, assigned, or redeemed or exchanged for cash. In addition, you may not pledge or establish a security interest in Coins or jointly possess Coins with another Nowvel Member or other third party.

C. Violation of Terms

You shall not breach any of the Nowvel Terms in connection with the acquisition, redemption or other use of the Coins.


VII. Suspension or Termination by Company

If you breach these Coin Terms or any of the Other Terms, or if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account, we may immediately (a) suspend or limit your access to the Coins in your account and may also suspend your access to the Nowvel Service, or (b) terminate your account. In addition, we reserve the right to discontinue or modify the Nowvel Service or the Coins program at any time at our sole discretion, without any further liability to you. If the Company suspends or terminates your account for any reason, you must discontinue any use of the Nowvel Service, and the right to purchase or redeem Coins shall also be suspended or terminated. Notwithstanding any other provision in the Nowvel Terms to the contrary, Nowvel reserves the right to reduce, liquidate, suspend, deactivate, remove access to and/or terminate any and all Coins and Photo Items if Nowvel suspects, in its sole discretion, that (a) you have used any Coins and/or any Photo Item(s) in violation of the Nowvel Terms and/or any other applicable Nowvel policy and/or (b) you have otherwise used Coins and/or any Photo Item(s) to conduct any fraudulent or illegal activity.


VIII. Termination by User

If you cancel your Nowvel membership and have a remaining balance of Coins, then your unused Coins are no longer usable at the time of cancelation of Nowvel membership.


IX. Errors

While we attempt to be as accurate as possible and eliminate errors associated with the Nowvel Service, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether in pricing, description, order confirmation, order processing, delivery or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order.


X. Disclaimer

THE COINS, THE PHOTO ITEMS AND THE NOWVEL SERVICE ARE PROVIDED BY COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, AND COMPANY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE COINS, THE PHOTO ITEMS, OR THE NOWVEL SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING OR PURCHASE OR REDEMPTION OF COINS. WHILE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE NOWVEL SERVICE SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE NOWVEL SERVICE, THE COINS, OR THE PHOTO ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

COMPANY RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE NOWVEL SERVICE, THE COINS, ANY PHOTO ITEMS OFFERED THROUGH THE NOWVEL SERVICE, OR ANY FEATURES OR FUNCTIONALITY OF ANY OF THE FOREGOING AT ANY TIME WITHOUT NOTICE AND WITHOUT LIABILITY TO YOU.


XI. Limitation of Liability

IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE COINS, THE PHOTO ITEMS OR THE NOWVEL SERVICE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE COINS, THE PHOTO ITEMS OR THE NOWVEL SERVICE EXCEED THE AMOUNT YOU PAY, IF ANY, TO COMPANY FOR SUCH ITEMS.


XII. Waiver of Claims

You agree that you will never assert and/or bring any cause of action, claim and/or suit against the Company and/or its affiliates arising out of and/or related to (a) any claim that you own any Coins, (b) any claim for the "value" of any Coins or any Photo Items, (c) any claim for the loss of any "value" of any Coins or any Photo Items arising out of and/or related to any acts or omissions of the Company and/or its affiliates which is/are permitted under the Nowvel Terms and/or any other Nowvel policy, and/or (d) any claim that the "value" of any Coins or any Photo Items has decreased as a result of any modification that the Company and/or its affiliates made to any application. This Section shall apply to the extent permitted by applicable law.


Contact Information for Inquiries

Please use hi@nowvel.com for complaints or inquiries concerning the Coins.