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Terms & Conditions

VASARI TERMS & CONDITIONS

Last updated: 17 April 2025

These Terms & Conditions (the “Terms”) govern your access to and use of the Vasari platform, including our websites (e.g., vasari.art, embershot.com, shoot.to), mobile applications, and any related services or software (collectively, the “Service”). These Terms form a legally binding agreement between you (“you” or “User”) and Filetrack Inc., a Delaware corporation with its principal place of business at 5944 Coral Ridge Dr #516, Coral Springs, FL 33076 (“Vasari,” “we,” “us,” or “our”). By clicking “I Agree” (or a similar button) or by using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

1. Eligibility & Account Security

1.1 Age Requirement. You must be at least 18 years old (or the age of majority where you live) to use the Service. If you are 13–17 years old, a parent or legal guardian must accept these Terms on your behalf.

1.2 Account Creation. You agree to provide accurate information when you create an account and to keep it current. You are responsible for all activities that occur under your account and for safeguarding your password.

1.3 Personal, Non‑Commercial Use. The Service is licensed to you for your personal, non‑commercial display and enjoyment. Except as expressly allowed in Section 4, you may not copy, distribute, publicly display, sell, or otherwise exploit any part of the Service.

2. License & Intellectual‑Property Rights

2.1 Our Content. All artwork, text, software, graphics, logos, audio, video, and other materials we provide (“Vasari Content”) are owned by us or our licensors and are protected under intellectual‑property laws. We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and display Vasari Content through the Service for personal viewing only.

2.2 User Content. If you upload, submit, or transmit any content (“User Content”) you retain all ownership rights, but you grant Vasari and our affiliates a world‑wide, non‑exclusive, royalty‑free licence to host, store, reproduce, transmit, adapt, display, and otherwise use that User Content solely for operating and improving the Service. You represent that you have all necessary rights to grant this licence and that your User Content does not infringe any third‑party right.

2.3 Prohibited Use for AI Training. Neither Vasari Content nor User Content may be used by you for training, developing, or improving generative‑AI or similar systems unless you receive our prior written consent.

3. Paid Features & Billing

3.1 Subscriptions & Purchases. Some features (e.g., premium streams, vBook purchases, ad‑free viewing) may require payment. Prices, payment terms, and any automatic‑renewal details will be displayed at the point of purchase. All fees are non‑refundable except as required by law.

3.2 Taxes. You are responsible for any taxes or duties associated with your transactions unless we are legally required to collect them.

3.3 Chargebacks. Unauthorised chargebacks may result in suspension or termination of your account.

4. Acceptable‑Use Rules

You agree not to:

  • Violate any law or infringe anyone’s rights;

  • Upload malicious code, scrape, crawl, or bypass security measures;

  • Use the Service to train or operate AI systems (see § 2.3);

  • Access another user’s account without permission;

  • Copy, record, or distribute streams except as expressly permitted;

  • Interfere with the Service’s operation or the enjoyment of other users.

We may suspend or terminate your access at any time if we reasonably believe you have violated these Rules.

5. Privacy & Data‑Protection Compliance

Our Privacy Policy explains in detail how we collect, use, disclose, and secure personal data. This section summarises additional rights and disclosures required by the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA).

5.1 Identity of the Data Controller

Filetrack Inc., 5944 Coral Ridge Dr #516, Coral Springs, FL 33076, USA, is the data controller for personal data processed in connection with the Service. For EU/EEA users, our Article 27 GDPR representative is Eric Hayes, 141 Avenue Félix Faure, 75015 Paris, France, reachable at eu‑privacy@vasari.art. You can also reach our Data Protection Officer at dpo@vasari.art.

5.2 GDPR Disclosures

  • Legal Bases. We process personal data only when we have a lawful basis, including (i) performance of our contract with you (Art. 6 (1)(b)), (ii) legitimate interests (Art. 6 (1)(f)) such as fraud prevention and improving the Service, (iii) your consent where obtained (Art. 6 (1)(a)), and (iv) compliance with legal obligations (Art. 6 (1)(c)).

  • Your Rights. EEA/UK/Swiss residents may request access, rectification, erasure, restriction, or portability of personal data, object to processing, or withdraw consent. Submit requests via privacy@vasari.art. You may also lodge a complaint with a supervisory authority.

  • International Transfers. Data are stored in the United States. Transfers from the EEA/UK rely on European Commission/ICO Standard Contractual Clauses.

5.3 California Privacy Notice (CCPA/CPRA)

  • Categories Collected: identifiers; commercial information; internet activity; coarse geolocation; inferences.

  • provide and secure the Service; personalise content; process transactions; advertising/analytics where permitted.

  • We do not “sell” personal information for money. We may “share” limited identifiers for ads; Californians can opt‑out via account settings or privacy@vasari.art.

  • Consumer Rights: know, delete, correct, limit, opt‑out, and non‑discrimination.

5.4 Security & Breach Notification

We maintain industry‑standard security measures. If a data breach occurs, we will notify you and authorities without undue delay as required by law.

5.5 Children

The Service is not directed to children under 13 (or 16 in the EEA). We do not knowingly collect data from such children; contact us to delete any inadvertent collection.

6. Third‑Party Content & Links

The Service may include content or links provided by third parties. We do not endorse or assume responsibility for such content. Your interactions with third parties are solely between you and them.

7. Disclaimers

THE SERVICE AND ALL VASARI CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VASARI AND ITS DIRECTORS, EMPLOYEES, LICENSORS, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED USD 100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS GREATER.

9. Indemnity

You agree to indemnify and hold harmless Vasari from any claims, damages, or expenses arising out of your breach of these Terms or your misuse of the Service.

10. Suspension & Termination

10.1 Our Rights. We may suspend, disable, or terminate your account or access to any part of the Service at any time, with or without notice, for any reason or no reason.

10.2 Effect of Termination. Upon termination the licence under Section 2 ends; you must cease use and delete cached Vasari Content. Sections 2, 4, 5, 7–9, 10.2, 11, and any other provisions that by their nature should survive will survive.

10.3 Your Rights. You may stop using the Service and close your account at any time.

10.4 No Refunds. Except as required by law, all payments are non‑refundable and we will not be liable for compensation arising from any suspension or termination.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA. Disputes shall be resolved by binding arbitration (AAA Consumer Rules) in Wilmington, Delaware. Both parties waive jury‑trial and class‑action rights.

12. Changes to These Terms

We may update these Terms by posting a revised version and updating the “Last updated” date. Continued use after changes become effective constitutes acceptance.

13. Contact Information

Questions? Email us at legal@vasari.art or write to us at the address above.

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