Your use of NAS online products, software, services and web sites (collectively referred to below as the “Services) is subject to the terms of a legal agreement between you and NAS. This document explains how the agreement is made up, and sets out some of the terms of that agreement (referred to below as the “Terms”). These terms form a legally binding agreement between you and NAS in relation to your use of the services. It is important that you take the time to read them carefully.
Acceptance of Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any specific service; or
- by actually using the Services. In this case, you understand and agree that NAS will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with NAS, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Terms for your records.
Provision of Services
You acknowledge and agree to the following:
- Subsidiaries and affiliates of NAS will be entitled to provide the Services to you.
- The form and nature of the Services may change from time to time without prior notice to you.
- NAS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at NAS’ sole discretion, without prior notice to you.
- If NAS disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- You may stop using the Services at any time. You do not need to specifically inform NAS when you stop using the Services.
Use of Services
You acknowledge and agree to the following:
- Any registration information you are required to give to NAS in order to access certain Services (such as identification or contact details) will always be accurate, correct and up to date.
- You will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You will not access (or attempt to access) any of the Services by any means other than through the interface that is provided by NAS, unless you have been specifically allowed to do so in a separate agreement with NAS.
- You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
- You are solely responsible for (and that NAS has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which NAS may suffer) of any such breach.
Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to NAS for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify NAS immediately.
Privacy and Personal Information
User Generated Content
For information about NAS’ copyright and intellectual property practices for online services, please read our copyright and intellectual property policy. You agree to the use of content in accordance with NAS’ copyright policies.
NAS reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that NAS has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which NAS may suffer) by doing so.
The Services may include hyperlinks to other web sites or content or resources. NAS may have no control over any web sites or resources which are provided by companies or persons other than NAS. You acknowledge and agree that NAS is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that NAS is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
You acknowledge and agree that NAS owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with NAS, nothing in the Terms gives you a right to use any of NAS’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with NAS, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Ending your Relationship with NAS
The Terms will continue to apply until terminated by either you or NAS. You may stop using the Services at any time. You do not need to specifically inform NAS when you stop using the Services. However, to terminate your legal agreement with NAS, you may do so by (a) notifying NAS at any time and (b) closing your accounts for all of the Services which you use, where NAS has made this option available to you. Your notice should be sent in writing via email to email@example.com.
NAS may at any time, terminate its legal agreement with you if:
- You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- NAS is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- The partner with whom NAS offered the Services to you has terminated its relationship with NAS or ceased to offer the Services to you; or
- NAS is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- The provision of the Services to you by NAS is, in NAS’ opinion, no longer financially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and NAS have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
Nothing in this section shall affect NAS’ rights regarding provision of Services under the section titled “Provision of Services.”
Exclusion of Warranties
Nothing in these terms shall exclude or limit NAS’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.” In particular, NAS, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
- Your use of the Services will meet your requirements,
- Your use of the Services will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the Services will be accurate or reliable, and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from NAS or through or from the Services shall create any warranty not expressly stated in the terms. NAS further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Limitation of Liability
Subject to overall provision in the first paragraph in the section “Exclusion of Warranties” above, you expressly understand and agree that NAS, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any changes which NAS may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
- Your failure to provide NAS with accurate account information;
- Your failure to keep your password or account details secure and confidential.
The limitations on NAS’ liability to you described above shall apply whether or not NAS has been advised of or should have been aware of the possibility of any such losses arising.
Changes to the Terms
NAS may make changes to the Terms from time to time. When these changes are made, NAS will make a new copy of the Terms available online. You understand and agree that if you use the Services after the date on which the Terms have changed, NAS will treat your use as acceptance of the updated Terms.
General Legal Terms
You agree to the following:
- The Terms constitute the whole legal agreement between you and NAS and govern your use of the Services (but excluding any services which NAS may provide to you under a separate written agreement), and completely replace any prior agreements between you and NAS in relation to the Services.
- No other person or company shall be third party beneficiaries to the Terms.
- You may, as a result of or through your use of the Services, use a service or download a piece of software which is provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- You agree that if NAS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which NAS has the benefit of under any applicable law), this will not be taken to be a formal waiver of NAS’ rights and that those rights or remedies will still be available to NAS.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- You agree that NAS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.