Terms of use

Last updated: 24 August 2018

Welcome to Nassari 360

Nassari 360 is an online service that helps professional photographers create immersive experiences for their clients. It is provided at nassari360.com by Nassari 360 Limited.

By using Nassari 360 you accept these terms of use, the acceptable use policy, the privacy policy and the cookie notice on behalf of yourself and your business.

We may modify these terms of use at any time by updating this page. If a change reduces your rights in a meaningful way, we will notify you by email or by using a notice when you sign in. By continuing to use the service after any changes to these terms of use you accept those changes.

You can contact us via support@nassari360.com.

License to use

We grant you the right to access and use the service and invite other people to do so. This right is subject to these terms of use and any applicable law.

You need to create an account to create content on Nassari 360. You do not need to create an account to view content created on Nassari 360.

Service availability

We intend that the service will be available 24 hours a day, 7 days a week but it is possible that on occasions the service may be unavailable to enable maintenance or development of the service.

If for any reason we have to interrupt the service for longer periods than we would normally expect, we will use all reasonable efforts to publish in advance details of the interruption on nassari360.com.

The service will continually evolve and we may develop or modify features over time. The service is provided on an “as is” basis at all times.

Helpdesk

If you experience any technical problems with our service, please contact us via support@nassari360.com. We aim to respond within 24 hours and we will use all reasonable efforts to solve your technical problem.

Creating your account

You need to sign up to create an account. You must not create an account on behalf of anyone other than yourself or your business. If you create an account on behalf of your business you represent and warrant that you have the authority to do so.

If you create a username for your account, we may remove or reclaim it if we believe it is inappropriate or violates any trade mark rights.

Keeping your account secure

You must keep your username and password secure and contact us if you discover or suspect any unauthorised use of your account.

Content plans

When you create an account, you will select a content plan. If the content stored on your account exceeds a limit specified on your plan, your account will be automatically upgraded to a plan with an appropriate limit for your content. If you activate a feature that is not included on your plan, your account will be automatically upgraded to an appropriate plan that includes that feature.

You can switch plans at any time provided that the content stored on your account does not exceed any limit specified on the plan you want to switch to or require any feature not included on the plan you want to switch to.

Usage limitations

Your use of the service may be subject to limitations including (but not limited to) storage volumes. We will advise you of any such limitations.

Backup of data

You must maintain copies of all data you input into the service. We adhere to best practice to prevent data loss but we do not guarantee that there will be no loss of data.

Subscription charges

If you keep your account open after your free trial period, we will charge you a monthly subscription fee in accordance with the fee specified on the content plan applicable to your account. If you elect to pay an annual subscription for a content plan, we will charge you upfront for a prepaid subscription for that content plan. Prepaid subscriptions are not refundable.

If we offer you and you accept any promotional plans or modified pricing, we will charge you a subscription fee in accordance with the promotional terms or modified pricing.

After any promotion period, modified pricing period or prepaid period, we will charge you a monthly subscription fee in accordance with the fee specified on the content plan applicable to your account.

We will issue you an invoice for each subscription charge and we will continue to do so until you close your account or (if later) until the end of any commitment period applicable to a content plan or agreed as part of any promotion or modified pricing agreement. We use Zoho Subscriptions to manage payments and Zoho will email you your invoices. If you register on their website you can also download your invoices from there.

If your payment fails we may suspend or close your account.

Consumer guarantees

If you are an account holder, you represent and warrant to us that you use your account and any related services for the purposes of a business and you agree that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation in any jurisdiction intended to protect non-business consumers does not apply to these terms of use, your use of your account or our supply of any related services.

If you are not an account holder, you acknowledge that if you want to exercise any consumer rights you may have in relation to any content created on Nassari 360 you must do so by contacting the relevant account holder.

Responsibility for your content

You alone are responsible for any content you submit to Nassari 360 and any content you create on Nassari 360. You acknowledge that you own or have the necessary permissions to use or authorise the use of your content.

You agree to use our service in accordance with our acceptable use policy. You acknowledge that you may be liable to us or third parties if: your content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including (but not limited to) any copyright, trade mark, moral right, privacy right, right of publicity; contains material that is unlawful including (but not limited to) hate speech or spam; exploits or otherwise harms anyone; or violates or advocates the violation of any law or regulation.

We reserve the right to remove, screen, edit, or disable access to any of your content, without notice to you, that we consider (in our sole discretion) to be in violation of these terms of use or our acceptable use policy.

Reporting violations

While we are under no obligation to review your content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. We may cooperate with such authorities as they may request.

We are under no obligation to enforce these terms of use on your behalf against another user. While we encourage you to let us know if you believe another user has violated these terms of use, we reserve the right to investigate and take appropriate action at our sole discretion.

Intellectual property rights

As between you and us and as between you and our licensors, you own your content and any content that you create on Nassari 360.

We and our licensors own all other intellectual property rights in the service including (but not limited to) visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the service. We and our licensors reserve all of our and their rights in any intellectual property in the service.

Nassari and Nassari 360 are registered trade marks of Nassari 360 Limited. You agree not to use our trade marks without our prior consent.

Feedback

We welcome your feedback, ideas, proposals, comments and suggestions for improving our service. By sending us any information, you agree that: it doesn’t contain any confidential or proprietary information of third parties; we are under no obligation of confidentiality (express or implied) with respect to it; you assign all right, title and interest in and to it to us (even if you have designated it as confidential); and we are free to use it for any purpose on a free-of-charge basis.

Termination

To close your account, contact us via support@nassari360.com. By closing your account, you terminate these terms of use. If you close your account during any applicable commitment period, these terms of use will not terminate until the end of that commitment period. If you decide to close your account you are not entitled to any refund.

We may terminate your account if you repeatedly infringe these terms of use or our acceptable use policy. If we terminate your account on this basis, you are not entitled to any refund.

If you are not an account holder and you wish to terminate these terms of use, contact us to do so via support@nassari360.com.

Data protection

When processing personal data we will comply with applicable data protection law. Our privacy policy explains how we collect, store, use and share personal data.

If you are an account holder, you acknowledge that we act as a controller in respect of any personal data relating to you as an account holder and that we act as a processor on your behalf in respect of any other personal data that we process in connection with your account or any related services.

You represent and warrant that any personal data you provide to us has been collected and processed in accordance with applicable data protection law and that each data subject consents to you providing it to us for the purposes of the service.

We gather and compile information and data about our users and their usage of the service on a collective basis, in a manner which does not disclose or reveal any personally identifiable information about individual users. You acknowledge and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit.

Limitation of liability

All representations and warranties (express or implied) are excluded to the fullest extent permitted by law.

We do not accept liability in any circumstances (including negligence) for: any indirect or consequential loss or damage; any loss of business or capital, profit, reputation or goodwill; or any loss of data or programs contained in or controlled by a machine.

Our liability for breach of contract or negligence shall be limited to the aggregate amount of any subscription charges you have paid.

Our limitation of liability does not limit or exclude our liability for death or personal injury.

Terminating these terms of use does not affect our limitation of liability.

Events beyond our control

We shall have no liability to you for any breach of these terms of use caused by any event or circumstance beyond our reasonable control including (but not limited to): strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

No assignment

You may not assign or transfer any rights to any other person without our prior written consent.

Waiver

If we waive any breach of these terms of use, this will not constitute a waiver of any other breach. No waiver is effective unless made in writing.

Severability

If any provision of these terms of use is invalid, unenforceable or in conflict with an applicable law, that provision is replaced with a provision which (as far as possible) accomplishes the original purpose of that provision and the remainder of these terms of use remain valid and enforceable.

Notices

You consent to us providing notices to you by email, regular mail, push notifications or communications through the service itself. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that a communication be in writing.

Governing law

These terms of use and any non-contractual terms arising in connection your use of any of our services are governed by and shall be construed in accordance with English law.

Disputes

If you are unhappy please contact us. We will try to resolve any disputes with you quickly and efficiently.

If you want to take court proceedings, you agree that you will only do so in the courts of England and Wales. If your circumstances entitle you to rely on any legislation intended to enable you to take court proceedings in the United States, you agree that you will only take court proceedings in the courts of England and Wales or the State of California.

Terminating these terms of use does not affect your agreement to only use courts in England and Wales (or, where applicable, in California).

Copyright infringement

We respect copyright law and expect you to do the same. We may terminate your account if you repeatedly infringe the rights of copyright holders. If we terminate your account on this basis, you are not entitled to any refund.

If you believe any content created on Nassari 360 infringes your copyright, you agree to abide by the notice and takedown procedures set forth in the Digital Millennium Copyright Act.