Conditions d'utilisation et Politique de Confidentialité.
TERMS AND CONDITIONS OF USE
GENERALITIES
These Terms and Conditions govern your use of Nostality, a user-generated material web platform. By consulting and using the websites located at https://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories, you agree to be personally bound to Nostality (or its parent, Nostality Inc.) and accept these Terms and Conditions in full. Therefore, on each of your visits to Nostality’s websites, you confirm that you agree to be legally bound, without limitation, by both the Terms and Conditions and the Privacy Policy. You represent and warrant that you have the legal capacity to accept the Terms and Conditions on your behalf. If you disagree with any part of the Terms and Conditions, or if you are not authorized to accept them, do not use Nostality’s websites, as that condition prohibits you from doing so. The above provision will also apply to Youtube’s Terms of Service every time you use or navigate on any Nostality’s websites or access any YouTube video via Nostality’s websites.
Nostality Inc. reserves the right, at its sole discretion, to modify these Terms and Conditions at any time, and thus, you should check for changes before proceeding to use the services and content of Nostality. By using this site after changes have been made to these Terms and Conditions, you agree to accept those changes, whether you have reviewed them.
Failure by Nostality (or its parent, Nostality Inc.) to exercise a right or to enforce a right or obligation or any other provision under these Terms and Conditions shall not constitute a waiver of such rights or obligations or provisions and may under no circumstances be interpreted as constituting such renunciation or ratification.
If any aspect of these Terms and Conditions is unenforceable, the rest will remain in effect.
All rights not expressly granted by these Terms and Conditions are reserved exclusively to Nostality (or its parent, Nostality Inc.).
Considering that Nostality Inc., through its websites, uses YouTube’s platform and system, the use of and navigation on https://www.nostality.com/ & https://www.nostality.ca/ are subject to YouTube’s Terms of Service (https://www.youtube.com/t/terms). By navigating or using any Nostality Inc’s websites and their subdirectories, the user agrees to be also legally bound by YouTube’s Terms of Service.
OUR MISSION
At Nostality, we believe there is a better way to share Virtual Reality on a Map. A more user-friendly and simpler way where users can explore the world on a map. We are obsessively passionate about it, and our mission is to help people share their creations.
We focus on Virtual Content; hence it is one of the most intriguing aspects of great creation, and we see that as an opportunity. We are excited to simplify Virtual Content for everyone through our Websites and Community.
RESTRICTIONS
You are authorized to access, use, and publish on any Nostality’s websites if you are 18 years old or of legal age under the applicable laws in your place of residence and have the legal capacity to enter into binding contracts under the laws applicable to your place of residence. It is your responsibility to determine and ensure that under the laws that govern you, you may legally use, view, access and publish on any Nostality’s websites legally. Nostality (or its parent, Nostality Inc.) reserves its right at any time to request proof of identity and proof of your legal age.
If you are under 18 years old or under the legal age under the applicable laws in your place of residence, please get a parent’s or guardian’s permission before taking part in any Nostality community. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, home address or e-mail address). You must assure that you have a parent/guardian present while viewing any page or other correspondence or content from any Nostality’s websites (which includes all content and codes from any page hosted at or within http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories, or any content or code relating to or from this site that was transmitted via e-mail or other means).
By visiting any page at http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories, you understand that “adult” content may be encountered that is not suitable for children. Nostality (or its parent, Nostality Inc.) cannot be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.
RIGHTS TO INFORMATION PUBLISHED
For the purposes of this condition, the term “user-generated material” or “user-generated content” shall refer to any information, content, photos, videos, graphic interchange format (otherwise known as “gif”) or any other media uploaded, posted, emailed, submitted, or otherwise communicated to Nostality (or its parent, Nostality Inc.) via any method at any page on http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories, or any other content communication or submission medium or forum.
All of the content (including user and visitor generated material) published on this website by any user or submitted either via e-mail, comment forms, or any other page hosted at http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories, or their content aggregation systems belongs to the user who created it. However, Nostality (or
its parent, Nostality Inc.) reserves its right to alter, remove, repost, repurpose, market, or trade any such content.
By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio, gif or any other type of media or content) with Nostality (http://www.nostality.com/ & https://www.nostality.ca/) you agree to grant Nostality (or its parent, Nostality Inc.), free of charge, full rights to use the material in any way it deems fit, including but not limited to the modification, reproduction, repurposing, deletion or distribution of the said material worldwide in any form on any platform.
SITE CONTENT (QUALITY, ACCURACY AND USE)
Visitors who use the websites http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories and rely on any information do so at their own risk.
To contribute to any Nostality’s websites or to publish content on the websites, you must create an account and provide a username that cannot be a domain name or URL. You must provide accurate and up-to-date information and you cannot create an account for someone else unless you have their express permission. The account you create is not transferable and you cannot try to sell and/or buy any information contained in your account or in someone else’s account. Nostality (or its parent, Nostality Inc.) reserves its right to change your username if it believes it is appropriate or necessary (for example, if it infringes on someone’s intellectual property or impersonates another user).
You hereby confirm that your contribution to any Nostality’s websites is your own original work is not defamatory, misleading, fraudulent or for an illegal or unauthorized purpose, and does not infringe on any laws of the country from which you are utilizing this site, nor the laws of Canada or the United States of America, and that you have the full rights to accept this condition. Your contribution cannot contain private or confidential information or anything that violates someone else’s rights, including copyrights or other intellectual property rights. Your contribution cannot be unethical, indecent, insulting, deceptive, vulgar, obscene, racist, degrading, or likely to cause harm to others or to any group.
Nostality (or its parent, Nostality Inc.) can remove any content you publish on the websites and/or can delete or suspend your account if you do not comply with the present Terms and Conditions or if it is permitted or required by the applicable laws. You will be notified if your account is deleted or suspended. If you think your account has been deleted or suspended by mistake, please contact us. You agree that Nostality (or its parent, Nostality Inc.) will not be liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to the removal or suspension of your content or your account.
INTELLECTUAL PROPERTY
Nostality Inc.’s trademarks, associated designs and any other names and logos appearing on the platform are registered and unregistered trademarks and trade names owned by us. Any unauthorized use of our trademarks in writing or otherwise not in accordance with these terms is prohibited. Under no circumstances shall these Terms and Conditions be interpreted as constituting an authorization to use in whole or in part, the said trademarks displayed on the platform.
The content of the platform (including any text, photographs, graphics, video, audio or any other type of media or content) authored by Nostality Inc., the design of the platform and its layout are our property and are protected by copyright, trademark, unfair competition and other applicable laws, as the case may be, and may not be copied or retransmitted in whole or in part without our express permission.
WEBSITES USE
You must not use this website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
Visitors who use this website and rely on any information do so at their own risk.
These websites and the attached documents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found at http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories, will not always be up to date and cannot necessarily be relied upon. The information is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this website without first consulting with a qualified professional. They are not intended to be, nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between Nostality (or its parent, Nostality Inc.) and you.
The owners, editors, contributors, administrators, and other staff of Nostality (a Nostality Inc. web property) are not qualified professionals and are simply publishing the content and material uploaded by the users of the Nostality’s platform website. By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other employees of Nostality (a Nostality Inc. web property).
THE ACTIONS AND OPINIONS OF OTHER USERS
All the content found on the pages of Nostality within http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Nostality (or its parent, Nostality Inc.), which will not be responsible for any loss or harm incurred from the use of this website or any of its information or content.
EXTERNAL LINKS — LIMITING LIABILITY FOR LINKS TO ANOTHER WEBSITE
Nostality (or its parent, Nostality Inc.) is not responsible for the contents or reliability of any other websites to which Nostality’s websites provide a link, and does not, expressly, or otherwise, endorse the views and/or content expressed within those sites. Therefore, Nostality (or its parent, Nostality Inc.) denies all liability arising from the use of these websites. By clicking on a hyperlink mentioned on any Nostality’s websites, you will be redirected to another website and agree to assume the risks associated with the use of this other website. Other terms and conditions specific to these websites may apply and we recommend that you read them carefully.
VIRUSES, DAMAGE AND AVAILABILITY
Nostality (or its parent, Nostality Inc.) is not responsible for any problem or malfunction of its websites, any changes or updates in its websites’ content, any telephone network or communication line, online computer communication system, server or supplier, computer equipment, software, malfunctioning of e-mail or technical problems, or traffic congestion on the Internet, including any injury or damage to users or any computer of any person related to or resulting from using the websites or downloading any material from the websites.
Nostality (or its parent, Nostality Inc.) makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.
LEGAL JURISDICTION
The Federal laws of Canada and the Provincial laws of Quebec shall otherwise govern your use of the site where these Terms and Conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Canadian Federal and Provincial court system.
LIMITED LIABILITY
Nostality (or its parent, Nostality Inc.) and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service of Nostality at any location within http://www.nostality.com/ & https://www.nostality.ca/ and their subdirectories, or other related locations (such as content feeds, links, e-mails, letters, documents, and other company products or correspondence).
Though a reasonable effort is made to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this site or its parent company in any way.
CONTACT US
For any comments or information, you can contact us by e-mail at contact@nostality.com.
PRIVACY POLICY
Introduction
The protection of your personal information is important to us. That is why, as part of this Privacy Policy, we are committed to protecting your personal information, ensuring its confidentiality and accuracy.
This Privacy Policy sets out the general principles and guidelines we follow in our efforts to protect the personal information we collect from you. By providing us with personal information, you consent to our use and disclosure of such information, if any, in accordance with this policy and to the extent you have indicated, if any, subject to compliance with applicable laws.
Each time you use Nostality Inc.’s Websites, you confirm that you or any other individual you represent have read, understood, and accepted to be legally bound by the present Privacy Policy, without limit, and consequently the same will be applied to YouTube’s Terms of Service. You also hereby declare and confirm that you are of legal age and have the legal capacity and the required authorizations, if applicable, to accept the present Privacy Policy in your own name or in the name of all individuals that you claim to represent, or in the name of a company, entity or other organization that you claim to represent.
Our website utilizes YouTube API Services to facilitate the integration of video content. By accessing our website and using our services, you acknowledge and agree to YouTube's Terms of Service and Google's Privacy Policy in relation to any data collected and processed trhough this integration.
If you do not agree to abide by the Privacy Policy, without limit, or if you are not authorized or legally able to agree to the Privacy Policy, or if you do not have the authorization to agree in the names of all individuals that you claim to represent, or in the name of a company, entity or other organization that you claim to represent, you shall not use and you are not authorized to use Nostality Inc.’s Websites or access its content.
Any capitalized terms used in the Privacy Policy shall have the meaning given to them in the Terms and Conditions if otherwise not defined in the Privacy Policy.
Therefore, unless required by law or contractual obligations, you may refuse and withdraw your consent to certain uses at any time by contacting us.
This policy applies to the following websites: https://www.nostality.com/ & https://www.nostality.ca/
1. Aboutus
At Nostality, we believe there is a better way to share Virtual Reality on a Map. A more user-friendly and simpler way where users can explore the world on a map. We are obsessively passionate about it, and our mission is to help people share their creations. We focus on Virtual Content; hence it is one of the most intriguing aspects of great creation, and we see that as an opportunity. We are excited to simplify Virtual Content for everyone through our Website and Community.
2. Description of Personal Information Collected and Recorded in Our Files
1. First and last name
2. CompanyName
3. Address
4. Postal code
5. Phonenumber
6. E-mailaddresses
7. Dateofbirth
8. Credit card number
9. Sex/Gender (optional)
3. WhyweCollectYourPersonalInformation—Purposes
We collect your personal information for the following purposes:
3.1. To provide the agreed service
If you subscribe to our service or wish to share digital content, we require your name and full contact information to identify you as a user of the platform and as the author of a video or photo and to follow up on the subscription such as sending you an invoice, informing you when your subscription expires, etc.
3.2. To process the payment
Your credit card number and banking information for pre-authorized payments or your debit card number are required to enable us to collect and process payments according to the payment option you select and are therefore used solely and exclusively for processing payments and never for survey or marketing purposes.
3.3. To send you offers and information
From time to time, we may also use your personal contact information, such as your mailing address or e-mail address, to send you additional information about our services, opportunities, exclusive offers, or promotions.
3.4. Analytics and research
We may use your usage information to understand, improve, personalize our services and research products and services, including when you access Nostality Inc.’s Websites and related websites from a computer or mobile device. For example, we may use cookies to understand how you are using site features, and segmenting audiences for feature testing. We use the information we receive to improve and understand how you use Nostality’s Websites and ads.
3.5. Advertising
We may use things like cookies and pixels to deliver relevant ads, track ad campaign performance and efficiency. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites. Similarly, our advertisers may use a cookie, attribution service or another similar technology to determine whether we have served an ad and how it performed or provide us with information about how you interact with them.
3.6. Other uses
From time to time, we may also use your personal information for the following purposes:
1. For statistical purposes;
2. Serviceimprovement;
3. Checking your credit;
4. CustomerServices
4. DisclosureofPersonalInformation
We may disclose your personal information to the following persons for the reasons and under the conditions indicated below:
4.1. Communication to our suppliers
We may disclose your personal information to our third-party service providers including (among others) our software developers and our IT consultants and YouTube.
We will only disclose necessary information to these third-party providers so that they may correctly provide us with the appropriate service. It is forbidden for them to use the above listed information for any other purpose.
4.2. Internal communications
We may disclose your personal information to any of our employees, officers, or contractors for the sole purpose of enabling us to provide you with the services to which you have subscribed, or which are a logical extension thereof.
4.3. Communication to our partners and sponsors
From time to time, we may offer our customer lists to other organizations, carefully screened by us, who are interested in marketing their products or services to you. We review the materials or information that may be sent to you by these partners or sponsors to ensure that the organization is reputable, trustworthy and that the materials sent to you are appropriate.
You may at any time opt out of any such communication to our partners and sponsors. In such a case, we will not share any personal information you may have provided to our partners and sponsors.
4.4. Communication in the context of a business transfer
Your personal information may be transferred to third parties as a result of a transfer of all or part of our business or operations. However, we understand that the transfer of all or part of such rights will be bound by the same confidentiality commitments as ours and which are set forth in this Privacy Policy.
4.5. Communication in the event of a court order
We may be called upon or compelled to provide your personal information to a government agency in authority asserting its right to obtain such information or where there is a court order, subpoena, warrant issued by a court, person or body of competent jurisdiction requiring the production or delivery of such information or where a court order requires us to produce records of information and we are required to comply with the order. We may also disclose your personal information to our legal counsel, accountants, or auditors, who will be bound by professional secrecy and/or be required to comply with this Privacy Policy.
If you do not wish to have your personal information disclosed as described in sections 4.1. to 4.4. above, please inform us as provided below.
5. Preservation of Personal Information
Your personal information is stored in secure locations with restricted access limited to authorized individuals and on servers with security measures in place.
Our websites do not manage any financial transactions and therefore no credit card numbers, or similar credit and payment information is captured or stored on our sites. Indeed, payments to subscriptions or other financial transactions are entirely made through which manages the encryption, the confidentiality of the information transmitted to it and in a general way all transactions.
When you create an account on our websites, you must select a personal password. For maximum protection, you should choose a password that is at least six (6) characters long and includes a combination of letters and numbers. You are responsible for ensuring that your password is kept private. This password is yours and we will never ask you to disclose it to us in any way.
6. AccesstoYourPersonalInformation
Upon receipt of a written request, and subject to certain exceptions, and provided that your identity is established at the time of the request, we will inform you of the existence, use and disclosure of your personal information and provide you with access to it. You will need to send a written request to the contact information provided in this policy.
7. Protection of Your Information
We recognize the importance of your personal information and therefore we make every reasonable effort to prevent its alteration, loss, misuse, or theft.
Only our employees and authorized suppliers have access to your personal information. When your personal information is sent to a third party, we ensure that agreements are in place with such third parties to make sure that your personal information remains confidential and secure and is used for the purposes authorized by this policy.
Your personal information is retained by us for the period necessary to provide our services and products to you and for a limited period of time thereafter so that we can restore our services should you wish to obtain them again.
As noted above, we cannot guarantee that your personal information voluntarily submitted by you in focus group discussions or chats will not be subsequently used by third parties. As previously indicated, we cannot be held responsible for any third-party use of your personal information that you communicate to other users of the Website.
8. Collecting Information Through the Websites
We occasionally collect personal information through our websites.
8.1. Cookies
When someone accesses our websites, a browser device called a “cookie” may be activated to collect information such as the type of internet browser used, the operating system used by the visitor, the domain name from which the visitor came, the date the visitor accessed the site, the number of visits, the average time spent on our site and the
pages viewed. The use of this cookie does not identify a visitor in any way unless the visitor has registered for our services or sent us a specific message to that effect from our websites. We may use this information and share it with other organizations with whom we have a business relationship for statistical purposes and to measure the use of our site and improve its content, efficiency, and functionality.
8.2. E-mails
We may send marketing and promotional communications by e-mail containing information that may be useful to you, including information about our products and services as well as the products and services of other manufacturers, suppliers, or vendors with whom we have a business relationship. You may unsubscribe from this e- mail communication service at any time or inform us of your preferences regarding the types of e-mails you are willing to receive. If you send us an e-mail, we may keep a record of it, including the e-mail address from which the message was sent, as well as any responses we may send you.
9. Generalities
9.1. Persons under 18 years of age
Persons under the age of eighteen (18) will never be invited by us and should not under any circumstances provide personal information on our websites without first receiving permission from their parent or guardian. We always ask participants to provide their date of birth to ensure that individuals under the age of eighteen (18) cannot participate in our contests. We will not provide any personal information from anyone under the age of eighteen (18) to anyone for any reason.
9.2. Amendments
From time to time, we may need to modify or amend this Privacy Policy. If changes are made, they will be posted on our websites and the new amended policy will be available on our websites.
However, if changes are made to the purposes for which personal information is collected, used, or disclosed to third parties and for which consents have been obtained, we will seek to obtain the necessary consents unless such use or disclosure of personal information is otherwise required or permitted by applicable law.
If you would like to contact us to receive additional information, provide feedback or follow up on this policy, our contact information is as follows:
To the attention of: Customer Service
E-mail address: contact@nostality.com
9.3. Withdrawal of your consents
You may notify us at any time if you wish to withdraw or change your consent to the use and disclosure of your personal information. We will accommodate your request subject to legal or contractual constraints related to your transactions.
You may unsubscribe from newsletters, updates or other promotional communications or contest invitations at any time by clicking on the unsubscribe link that appears below the “unsubscribe” section of any of our mailings you may receive. Upon receipt of your unsubscribe, our list of subscribers to our newsletters, surveys, updates, promotions, and contests will be updated accordingly.
You may also revoke, at the time of your choosing, Nostality's access to your data by browsing the Google security settings page (https://security.google.com/settings/security/permissions).
9.4. Links to other websites
Nostality Inc., via its websites, will use direct links to YouTube video. If you click on one of these links, you will be contacting YouTube’s website and internet resources that we are not responsible for and over which we have no control and which has its own policy regarding the collection, use and disclosure of personal information (https://www.youtube.com/t/terms). By clicking on the link, you will be accepting and be legally bound by and to YouTube’s Terms of Service. The same will apply with Google Privacy Policy (http://www.google.com/policies/privacy).
Links to other websites or internet resources may be provided on our site for promotional, informational or convenience purposes. If you click on one of these links, you are contacting another website or internet resource that we are not responsible for and over which we have no control and which has its own policy regarding the collection, use and disclosure of personal information. We therefore deny all liability that may arise from your use of such other websites or internet resources.
10. Language
The Privacy Policy may be translated into other languages. In the event of any discrepancy between the English version and a translated version of the Privacy Policy, the English version will prevail.
Nostality Inc. or its affiliates, licensees or licensors are not responsible for any loss relating to discrepancies between the English and translated version of the Privacy Policy and will not be liable for any claim, injury or damage arising in connection with your use of the present Privacy Policy.
11.Applicable Laws
The laws applicable in Canada and in the Province of Quebec govern this policy. You irrevocably agree to elect the courts of Quebec, judicial district of Montreal, as the exclusive jurisdiction to hear any dispute arising from this privacy policy.
Last updated: 2021-10-12
