Terms of Service & Privacy Policy

Terms of Service

1. NGauge Account

   You are responsible to give true, current, complete, and accurate information when creating a NGauge account. You agree not to create an account in case you were banned or had your account removed by us. You agree not to create an account using false information or a false identity. All your account activity is your responsibility. It is your sole responsibility to keep your account and password information confidential to avoid unauthorized use of your account. You agree to immediately notify NGauge in case of any unauthorized access to your account. NGauge will not be liable to any unauthorized access which results in damages, losses, costs or expenses.

2. NGauge Videos

   1. NGauge Videos are personalized videos from celebrities that are obtainable through our app/website. The celebrities, or “Talent User” includes actors, singers, artists, models, performers, influencers, athletes, and others. You can request and obtain a personalized NGauge video where the “Recipient” is either you or a third party.

   2. After requesting a personalized video, the Talent User will have up to 7 days to analyze your request and either accept or reject it. The video content is determined solely by the Talent User and may not be exactly what it was requested by you. In case your request is accepted and the video is created, your payment method will be charged as described in the Talent User booking page at the time you submitted your request.

   3. You acknowledge and agree that All NGauge videos are licensed, which means that by submitting a payment, you are not buying the video, but the rights to use it.

   4. Once you submit full payment, the Talent User grants you limited rights to use the LiveHot shot video created for personal use. You agree not to use the NGauge video created with commercial and/or promotional purposes. Under these terms and conditions: a worldwide, royalty-free, fully paid, non-exclusive, and sublicensable license to use, reproduce, distribute, or publicly display the NGauge Video (other than a Business NGauge Video).

   5. You hereby acknowledge and agree that you cannot encumber, sell or re-sell your rights from any NGauge video. As previously described, you may sublicense your rights to use, under these Terms to be able to use the video, share with friends on social media, or send it to a Recipient, for personal, non-commercial and non-promotional use.

   6. NGauge videos can only be used in accordance with these Terms which includes our Acceptable Use Policy. We reserve the right to remove any NGauge videos and terminate all licenses at any time for any reason without notifying you.

3. Business NGauge Videos

   1. A Business NGauge video is a NGauge video and is subject to all NGauge video terms. A Talent User may offer NGauge video to promote a Recipient that is a business, entity or brand. If you are interested in this type of video, you will have to specify it when you are booking, you have to specify the business, service, brand or product you want the Talent User to mention, show or refer to.

   2. Once you submit full payment, the Talent User grants you limited rights to use the Business LiveHot shot video created for promotional purposes only. You will have the rights to use the Business NGauge video for 30days of the date that the video is provided to you or any other periods that you agreed while booking, subject to these terms: i.a worldwide, royalty-free, fully paid, non-exclusive, sublicensable and revocable license to use, reproduce, distribute, or publicly display the Business NGauge Video only in one of the following (chosen at the time you booked): a website, app, social media account or a channel of communication such as emails or text messages. In any case, each and all of them must be owned and operated by the Business. Another option would be an event conducted by the business (restricted to a company with 1,000 or less employees) You may sublicense your rights in a Business NGauge video as needed, in accordance with these terms.

   3. You acknowledge and agree that no other uses are permitted under these terms and conditions. If you need additional use such as a longer use period or permission to post in additional places, contact us at info@q-devengine.com.

   4. Warranties of Business NGauge Video:

      1. Business location and operation is in the United States and the Business NGauge video is intended to reach the United States audience.

      2. All and any information provided to the Talent User is true, with no intentions to misleading, calumniate or depreciate.

      3. You and the Business will be following any rules, laws and regulations, including the Federal Trade Commission “Guides Concerning the Use of Endorsements and Testimonials in Advertising,” which might be necessary to add an appropriate hashtag or other disclosure to the NGauge video.

      4. You have all the necessary rights (from the Business as well) to use and request, on behalf of the business a Business NGauge video as mentioned in these terms. Your rights include the use of any information needed in connection with your Submission, including the use of Business name, logo, trade name, trademark and trade dress.

4. Acknowledgement and Agreement

   You acknowledge and agree:

   1. NGauge is not responsible for any Submissions made by you or for any offerings or NGauge videos that are requested by you.

   2. You will not make any Submissions that defy the rights or privacy of a third party. NGauge video is not obligated to no privacy in regards to any NGauge video requested by you or any Submission you make.

   3. The NGauge watermark cannot be removed or edited by you or by any other party (encouraged by you) from any of NGauge videos; No derivative work will be done with any NGauge video either by you, or by any other party encouraged or assisted by you.

   4. Any account that you own or control will be banned or removed from our app/website in case of any of the terms are broken by you, in that even you must remove all NGauge videos or offerings that you own or control; identify all Recipients and notify them to do the same and promptly respond to any other requests we make.

   5. Any request submitted by you can be declined or rejected by us or by the Talent User and this would not limit our rights. In the event your requests are denied multiple times, we may remove your account (or any other account operated or controlled by you) or ban you from our app/website. In that event you would also be required to act as mentioned above in section 4.d.

5. Additional Terms

   Some products and services from NGauge might have some additional terms and conditions and it will be available to you and by using them you agree to the additional terms. In case that any section from the additional terms conflict with these Terms, these Terms will rule over the additional terms, unless expressly mentioned otherwise.

6. Eligibility

   1. To use our app/website you must be 16 years of age or more.
   2. Warranties:

      1. You warrant that you were not prohibited by us to use NGauge app/website or pursuant to any applicable law or regulation;

      2. You warrant to follow any terms and conditions from our website, app or any third party payment provider selected by us, and you warrant not to be in the payment provider banned list.

      3. You warrant and represent that you have not been banned or removed from our app or website for any reason before.

      4. You warrant and represent that you are not a convicted sex offender.

   3. You acknowledge and agree that it is prohibited to transfer, import or export any part of our app or website, except as authorized by the U.S. laws or any other applicable laws. You cannot export it to a country embargoed by the U.S. or to any country that is considered by the U.S a “terrorist supporting” country. You also are forbidden to use our app or website if you are listed in any U.S Government prohibited or restricted parties. You are not allowed to use our app or website for any purpose that is prohibited by law. You will comply with all terms, laws and regulations that NGauge is subject to. All of those laws and regulations will be followed by you and will not, without prior U.S. government authorization, transfer, import or export, any of NGauge products or services, in violation of those laws and regulations.

7. Payments and Fees

   1. The amount charged for a NGauge video or other offerings is available at the Talent User’s booking page at the time of your request. By submitting your video request, you agree to pay all applicable charges for the service, transaction and processing fees. You also agree with any payment policies available at the time of your request.

   2. All transactions will be done using the U.S. Dollar (USD), unless any other currency is specified by us at the time of your request.

   3. You agree to submit payment through our app or website using a valid credit/debit card during your request. The payment provider is a third party company. NGauge does not operate, control or own the payment provider. Your payment is governed by the Terms and agreements between you and your third party payment provider, not these Terms. You agree to contact your payment provider in case of any change in your current information, including but not limited to billing address change. A NGauge video is not returnable, consequently it is not refundable.

      1. NGauge App for iOS: In case a Talent User rejects your NGauge video request, the amount of your payment will be left on your account as a credit that can be redeemable in the app for another product or service. The amount is non refundable and must be used only in the NGauge App for iOS. In case you use a portion of your credit, the remaining portion will still be available for future use, if your future booking surpasses the amount of credit in your account, you will have to submit payment for the remaining balance. Apple supports payments in different currencies, as listed at https://www.apple.com/ios/feature-availability/#app-store-apps if you are in a country where local currency is not supported by Apple, your purchase will not be permitted. The list of permitted countries and territories are determined by Apple and not by NGauge and it is subject to change at any time.

      2. NGauge App for Android and website: By purchasing a product or service through our website or Android app, NGauge will place a pre-authorization hold on your credit card. After your order has been fulfilled, the amount requested will be deducted from your credit card without further notice or consent from you.

      3. You have the right to give the Talent User a gratitude or “tip” in the amount designated by you, but at least $5.00. This tip or gratitude is not mandatory, but optional. By choosing to give the Talent User a “tip” you authorize NGauge to deduct it from your payment method as well. Note that such “tips” or gratitudes are not refundable.

   4. In case your account was banned or removed from our app or website, or if your payment is declined, NGauge has the right to cancel your NGauge video request. NGauge also reserves the right to update it’s payment terms and options by posting on our website or sending you a notification.

   5. If you have any questions regarding payments or a purchase made in our app/website you can contact us at info@q-devengine.com. We have the right and power to decide how any billing disputes between us would be resolved.

8. Ownership

   1. You acknowledge and agree that any offerings or NGauge video created is owned by the Talent User that created it.

   2. You acknowledge that all “NGauge Content” rights, titles and interests in our app or website including all data, media software and ideas are owned by NGauge and or its licensors. We also own all rights, titles and interests to all “NGauge Marks” (trademarks, logos and brand elements). NGauge Content and Marks are protected under U.S laws and international laws. Therefore you are not allowed to copy, duplicate, use or reuse any part of our content, visual design or concepts, without our express written consent.

   3. You hereby give NGauge irrevocable, unlimited, universal and perpetual permission to any and all manner and media to be used, reproduced, distributed, modified, translated, edited, publicly displayed, including, but not limited to social media channels and third party platforms and websites. This permission is also royalty-free, fully paid, non-exclusive and can be sublicensed at any time. It can be used by us for advertising and marketing purposes, to operate, develop and/or improve our products and services. That includes any request (by text, video or other means) that you make to a Talent User, including information from any Recipient; or submission that you make to NGauge (through any website, or app). By Submission we mean a video reaction, feedback, review, photo, communication by email or text, or any other communication mentioning you or a third party that is linked to any submission to give us the rights mentioned above. You also agree not to submit any confidential information or any information that you or a Recipient do not wish to be disclosed. NGauge will not be liable or responsible for any use of disclosed information or Submission, including private information from you or a third party.

   4. In case we decide that your Submission violates any of these Terms, we have the right to remove your submission from our app/website and ban or close your account. We reserve the right to decide whether your submission violates our terms and we can take the above mentioned action at any time without notifying you.

   5. By submitting a Feedback (idea, suggestion, plan, proposal or any thing related to our business) you agree at your own risk that NGauge has no obligation to privacy or confidentiality and you give us irrevocable, unlimited, universal and perpetual permission in any and all manner and media to be used, reproduced, distributed, modified, translated, edited, publicly displayed, including, but not limited to social media channels and third party platforms and websites. This permission is also royalty-free, fully paid, non-exclusive and can be sublicensed at any time. It can be used for any purposes, including to use it for commercial purposes. Therefore, NGauge has all rights to submit any project that has any assemblance with your Submission or Feedback at any time with no obligation to you.

   6. You agree to forego any moral rights in any and all Submission or Feedback made by you in any NGauge channels. You also warrant that no third party has any moral rights in any Submission or Feedback made by you.

9. Intellectual Property and Copyright Policy

   1. In the event any of these terms and conditions are broken we will act against the violators and terminate access to all NGauge channels for any recurrent violators. If you believe there is any copyright violation in any of our channels (website or app), please contact us with the following details: your name, phone number, residential and email address; the location and content of what you believe that is a copyright violation, an statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”, followed by the copyright owner signature or the person’s that has the authority to act on the copyright owner’s behalf and a statement made by you saying that the information provided is accurate and that you are the copyright owner or person authorized to act on behalf of the copyright owner, under penalty of perjury. All these notices must be emailed to info@q-devengine.com under the subject line “Copyright Violation”.

10. Privacy

    By using NGauge app/website you agree with our Privacy Policy, which lists how we collect, use or share personal information and data.

11. Third Party Content and Interactions

    1. NGauge is not responsible for any interactions between you and third parties that are linked or that can be accessed through our app or website. Our channels provide you access to links and functionalities that are completely independent of NGauge, with that being said, any third party database, information, website, directories, network, systems, software and programs in general are not within our control or responsibility and it’s solely between you and that third party, including any interactions that you might have with a Talent User outside our channels, however, you agree to limit your Talent User’s interactions within our website/app as expressly permitted in our Terms. You agree that NGauge may interfere in any disputes that you might have with a third party and you cooperate in case of an intervention from NGauge. You willingly release any NGauge party from any claims, demands or damages of any kind or nature, either it was known or not, suspected or not, disclosed or not, or if it was in any way related or not to such disputes or our website. California residents hereby waive the civil code 1542 “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” and it extends to similar state codes and regulations.

    2. A Talent User might join a charitable organization in order to collect funds for charity, so you might see in a Talent User page that a part or the whole Talent User revenue would be given to Charity. Those agreements are made between the charitable organization and the Talent User directly and NGauge is not a sponsor for such charities, unless expressly stated otherwise. NGauge doesn’t get involved with any donation agreements or provides warranties about any charity/donation.

12. Links

    You acknowledge and agree that any links that you find in our website/app that takes you to a social media or third party website doesn’t make us liable for any damages, losses, cost or expenses related to your use of that platform. It also does not mean that NGauge is affiliated with any of these platforms or websites. It is your sole responsibility to read any terms and conditions and privacy policy of the platform or website that you will be using.

13. Modifications to our Site/App

    You acknowledge and agree that LiveHot shot has free will to modify or discontinue our app/website at any time without notifying you.

14. Cancelling your account

    You acknowledge and agree that NGauge has the right to terminate your account at any time for any reason at our sole discretion. Your account will be closed automatically in case of violation of our terms and policy. If you want to cancel your account with NGauge you can contact us at info@q-devengine.com.

15. Indemnification

    You agree to indemnify and hold NGauge and its affiliates harmless from any and all claims, damages, liabilities, cost, proceedings, expenses and losses of any kind or nature, relating to our website/app or our terms. NGauge reserves the right to select counsel for the defense of any claims that you are indemnifying. And you agree to cooperate with NGauge in case of any claims that you are involved.

16. Disclaimers

    1. You acknowledge and agree that the content in our website/app is “as-is” and depends on availability. NGauge disclaims any and all conditions, representations and warranties at any type or nature, implied or not, regulatory or else. The disclaims also include marketability, specific purpose, non-violation, originating from the usage or dealing of trade. The use of NGauge platforms are at your own risk.

    2. You acknowledge and agree that NGauge parties are not responsible for any errors, omissions or misrepresentations of content. Also we are not responsible for any damage personal or to any property as an outcome of your access to our platforms; We are also not responsible for any unauthorized access to your account, transmission interruptions, bugs, or viruses transmitted through our platforms; costs, expenses and liabilities of any kind generated as a consequence of any data/content posted or shared through our platform. NGauge is not responsible and does not warrant the entirety or precision of content in any of our platforms, third party platforms and sites or social media.

    3. You acknowledge and agree that NGauge is not responsible for any costs, expenses and liabilities of any kind generated as a consequence of any data/content downloaded through our platforms, including any NGauge videos. No statement oral or written that you get from our website/app or from any of our parties gives you any warranty, unless expressly made by us.

    4. You acknowledge and agree that NGauge is not responsible for the accuracy, legality, safety, property or intellectual rights of any content or data that you might be exposed when using our website, app or any of our platforms. By using our platforms you will be exposed to data and content from various sources and you might be exposed to sensitive content, which can include but not limited to obscenities, offensive content or language, harassment, among other things. By using our website, app or any other platform you agree to waive NGauge of any claim related to any of the content available.

    5. You acknowledge and agree that NGauge or any of its parties are not liable to you or any third party for any damages, expenses or losses of income or data in any case or event, within the extent permitted by law. Even if any of the damage is caused in consequence of any claims, agreements, warranties, tort or otherwise and even if NGauge was warned of the possibility of any damage.

    6. NGauge liability to you or to any other third party under these Terms will be limited and will not exceed the payments given by you to NGauge in the 12 months before the claim that originated this liability, unless otherwise expressly specified by law.

    7. You might have additional rights, depending on your jurisdiction, the law is differently applicable and some of the exclusions or limitations of the above mentioned damage does not apply.

    8. You hereby agree that the limitations of damages and liabilities mentioned above are essential elements of the agreement between you and NGauge.

17. Waiver of Certain rights and Arbitration Agreement

    1. Arbitration: You hereby agree to resolve any claims or disputes through final and binding arbitration instead of court proceedings. Any claims or disputes that you might have will go through the American Arbitration Association Rules where one arbitrator will make a decision and express it in writing and this decision will be final. The whole process will be private. Evidence and documents will not be shared to the public, unless it’s required by law. And both you and NGauge waive the right to jury trials in case of any dispute between you and NGauge.

    2. Costs and Fees: If you believe that the cost of the arbitration is too high when compared with the costs of a legal process, NGauge will pay the necessary of the administration and arbitrator’s fee to make that cost no longer prohibitive. When the arbitrator gives the sentence, he will be able to split the costs of the whole process among the parties in the amounts that he considers to be appropriate.

    3. Prevention: This terms or even this arbitration agreement does not prevent you or NGauge to seek legal action in any jurisdiction either local, state or federal agency or even take it to small claims court, seek provisional relief or any other request of this nature but any of these request will bar or be considered incompatible with these Terms or a waiver of the right to arbitration as stated in these Terms.

    4. Private Lawyer or Class Representative: Both you and NGauge agree not to act as a class representative or act like a member of a class of claimants; No claims or disputes will be arbitrated on a class representative basis. Only individual claims will go through arbitration and the arbitrator will not join any other similar claims, from you or others in similar cases.

    5. Severability: This whole section 17 is in full force and effect, if any provision of this is considered unenforceable or invalid and a modification is not possible, the remainder of this section shall remain in full force and effect. This section cannot be waived, unless the waiver is in writing and signed by the party waiving the right or requirement. In the event a waiver is signed, it will be valid only for what it was expressly appointed in the waiver and the remainder of the Terms and this section 17 will survive even in case of the termination of your relationship with NGauge.

    6. 30-day Opt-out right:You may opt out this arbitration agreement within 30 days of becoming subject to this Arbitration Agreement. You may do so by sending a written notice to the following address: NGauge, 5070 N Kimberly Ave, Suite C,Chicago, IL 60630. This notice should include your full name, email address, username and a clear sentence of your desire to opt out of this Arbitration Agreement. Even though all other parts of these Terms will remain applicable to you. This opt out is only valid for this Arbitration Agreement and does not apply to any other Arbitration Agreement that you might currently have or will have in the future with NGauge.

    7. Limitations: This section 17 limits certain rights, including the right of jury trial, the right to join or form a class or representative claim, the right to maintain certain court claims, the right to some form of relief and remedies. Some of the rights that you and NGauge would have in court will not be a resort in arbitration.

18. Other Provisions

    1. Force Majeure: You acknowledge and agree that NGauge is not liable for any damages caused by natural causes (i.e. tornadoes, earthquakes and tsunamis), terrorism, wars, accidents, riots, laws and regulations or anything that is beyond our control.

    2. Law Jurisdiction: You agree that any disputes or claims related to NGauge independently of its nature or cause are going to be submitted into the state or federal courts located in Chicago, Illinois under personal jurisdiction. All these terms were built and must be interpreted in accordance with the laws and regulations of the State of Illinois.

    3. Severability: If any provision in these Terms is considered unenforceable or invalid, a modification will be applied in order to make these terms enforceable. In the event that a modification is not possible, that specific provision will be cutted off and the remainder of the Terms and conditions herein shall remain in full force and effect.

    4. No modification or waiver: If any right or provision of these Terms are found to be incapable of being enforced, NGauge will not be restrained to exert any of these rights or provisions in the future and this will not count as a modification of these Terms.

    5. Allocation: It is NGauge right to allocate any rights and provisions from these Terms to any affiliate or in connection with a merger, partnership, dissolution, sale of assets, bankruptcy or other transactions.

    6. Miscellaneous: The titles displayed in these Terms are not to be considered while interpreting these Terms and they are displayed only for ease of reference. The term “including” found in several sections in these Terms is to be interpreted as broadly as possible and it should not be limited.

19. Terms modification

    These terms are dated and can be modified by us at any time and without prior notice. After modification the terms are effective immediately and the Last updated date will be changed on the top of these terms. You agree with the new updated Terms when (i) you log in in your account and accept the Terms updates; (ii) when you create an account in any of our platforms (iii) by using or continuing to use our website or app after the terms are updated. If none of these actions are made by you, these Terms will become effective within 30 days after being posted.