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Terms and Conditions ("Terms")

Last updated: November 23,2018



Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://nelstom.com website (the "Service") operated by Nelstom ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Your use of Nelstom requires that you agree to the Terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use Nelstom.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Use of the service

By accepting these terms, you agree not to use Google Drive for business purposes; you must use the service only for personal non-commercial purposes.

You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications.

You will need a Nelstom Account in order to use Google Drive. To protect your Nelstom Account, keep your password confidential. You are responsible for the activity that happens on or through your Nelstom Account. Try not to reuse your Nelstom Account password on third-party applications.

Subscriptions

The Services are billed on a subscription basis ("Subscription(s)"). Monthly subscriptions (Individual Rollover, Professional Rollover) are monthly recurring subscriptions for individual users, for which billing recurs every 30 days until canceled by the user. You will be billed in advance on a recurring cycle. You are responsible for keeping your credit card information correct and up to date. Products are advertised in Euro (EUR/€ ) and your purchases of any artnet product will be billed in Euro (EUR/€ ). For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle. Periodic charges under this Agreement are to be computed on a calendar month basis, and shall be prorated for any partial month. Downgrading your Service may cause the loss of features of your Account.

If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and any renewal subscription term(s), including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

Dispute of credit card charges

If you have a disagreement regarding a credit card charge, you may contact us in writing within 90 days of the date of the initial credit card charge. You agree that we are not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted us in writing with respect to any disputed charge within such period.

Taxes

You are responsible for paying all applicable sales, use, transfer, value-added, or other taxes and all duties, whether international, national, state, or local, however designated, which result from the purchase of our Products. When we are required to collect such taxes from you, we may charge applicable taxes at the time of sale. You agree to pay all charges, including applicable taxes, in accordance with the billing terms in effect at the time the price or charge becomes payable.

Use of products and services

In consideration of the payments made by you, and subject to you, observing the obligations under this Agreement, we grant you access to the Services purchased via our website under the following conditions:

1. Unless otherwise agreed upon by us, each Service is limited solely to you, is not transferable, and does not extend to any other person, employer, subsidiary, parent organizations, or any other related or affiliated organizations. You may not assign, sub-license, transfer, change, or otherwise dispose of your rights under this Agreement without the prior written consent of Nelstom.

2. You are responsible not to disclose the email address, password, or IP address to any other person, and to monitor your account for any usage that is not your own. In the event that you cannot recall your credentials, or you become aware that another person is using your credentials, you must immediately contact Nelstom. You agree to cooperate with us to stop further abuse should it occur.

3. We reserve the right to issue replacement passwords at any time.

4. You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary to access the purchased Products. We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support team. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of telecommunication service providers, or for faults in or failures of their apparatus.

5. Usage Restrictions

You agree that you will not:

  • Sell, distribute, license, rent, or otherwise exploit any Product provided, or any element of it, for any commercial purpose
  • Make any Product, or any element of it, available to other persons
  • Make any Product, or any element of it, available on, or by, electronic bulletin boards, news groups, websites, blogs, FTP, or any other means of posting or transmitting material on the Internet, an online service, local, or wide area network
  • Permit any third party to obtain remote access to any Product, or any element of it, through your computer network
  • Disclose your credentials to any person, firm, or company.
  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • promote or advertise products or services other than your own without appropriate authorization;
  • abuse referrals or promotions to get more storage space than deserved;
  • circumvent storage space limits;
  • sell the Services unless specifically authorized to do so;
  • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • harass or abuse Dropbox personnel or representatives or agents performing services on behalf of Dropbox;
  • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading; or
  • violate the privacy or infringe the rights of others.

Marketing Communications

We send information about our products and services to existing customers whose contact information we have obtained over the course of our customer relationship with them. We may also send marketing emails to persons who have expressed an interest in purchasing our products or services, or whom we believe to otherwise be interested in our products or services. We only send marketing to you if you have given us your consent to such marketing. Typically, such consent is collected when you register as a member or sign up to receive information at an event. If you no longer wish to receive marketing communications from us, you can do so easily by clicking on the link with the label "Unsubscribe" in the email you received from us.

Termination

We may terminate or suspend access to our Service immediately, with prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You may terminate any subscription under this Agreement by clicking on the "Cancel" icon located on the settings page of the Nelstom platform. The effective date of such termination will be the end of the current billing period. You shall not be entitled to any refund as a result of the termination of your subscription to any Product under this Agreement.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Nelstom.

Nelstom has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Nelstom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We may revise our fees upon 30 days prior notice.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Disclaimer

THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Governing Law

This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of the Republic of Italy, without reference to the principles of conflicts of laws thereof, and of the Republic of Italy applicable therein. You consent to the jurisdiction of the courts of the Republic of Italy or, if subject matter jurisdiction exists, by the Republic of Italy's federal courts to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.