These Terms and Conditions are effective as of 29th December 2017.
Okolo is an app-based web service, through which any user can create, browse and search virtual tours from a set of panoramic images, and any and all Intellectual Property related to, resulting from, developed under or in connection with such service. The main objective of Okolo is to provide users with the most simple and convenient mechanism for creating and browsing virtual tours.
Okolo does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Okolo a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service.
Okolo reserves the right to use and manipulate individual photos you upload to create panoramic equirectangular photo of these.
Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Okolo may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by Okolo ("Okolo Content"). Okolo Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Okolo, Okolo owns and retains all rights in the Okolo Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Okolo Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Okolo Content.
The Okolo name and logo are trademarks of Okolo Sarl, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Okolo Sarl. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Okolo, and may not be copied, imitated or used, in whole or in part, without prior written permission from Okolo.
Although it is Okolo’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Okolo reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Okolo encourages you to maintain your own backup of your Content. In other words, Okolo is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Okolo will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is Okolo’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Okolo does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Okolo is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
We respect other people's rights, and expect you to do the same.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Okolo do not warrant the completeness or accuracy of the information published on Okolo Service; nor do Okolo commit to ensuring that the Okolo Service remains available or that the material on the Okolo Service is kept up to date.
YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE OKOLO SERVICE IS AT YOUR SOLE RISK.
OKOLO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE OKOLO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME OKOLO MAY REMOVE THE OKOLO SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE OKOLO SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
THE OKOLO SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE OKOLO SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.
Nothing in these Terms and Conditions will: (i) limit or exclude Okolo or your liability for fraud or fraudulent misrepresentation; (ii) limit any of Okolo or your liabilities in any way that is not permitted under applicable law; or (iii) exclude any of Okolo or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and Conditions: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under these Terms and Conditions or in relation to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
TO THE FULLEST EXTENT PERMITTED BY LAW, OKOLO’S, ITS AFFILIATE’S, CONTRACTOR’S AND LICENSOR’S AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO OKOLO HEREUNDER DURING THE SHORTER OF TWO EITHER THE THREE MONTHS OR THE PERIOD THE OKOLO SERVICES WERE PROVIDED PRIOR TO THE EVENT GIVING RISE TO LIABILITY. TO THE EXTENT THAT THE OKOLO SERVICE IS PROVIDED FREE OF CHARGE, OKOLO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE.
Okolo will not be liable to you in respect of any losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Okolo will not be liable to you in respect of any losses arising out of any event or events beyond Okolo’s reasonable control.
Okolo will not be liable to you in respect of any loss or corruption of any data, database or software.
Okolo will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify Okolo and undertake to keep Okolo indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by Okolo to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by Okolo arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms.
Without prejudice to Okolo other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Okolo may take such action as Okolo deem appropriate to deal with the breach, including suspending your access to the Okolo Service, prohibiting you from accessing the Okolo Service, blocking computers using your IP address from accessing the Okolo Service, contacting your internet service provider to request that they block your access to the Okolo Service and/or bringing court proceedings against you.
Okolo may transfer, sub-contract or otherwise deal with Okolo rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms and Conditions will be governed by and construed in accordance with Luxembourg and EU law.
In the event a dispute shall arise between you and Okolo, it is hereby agreed that the dispute shall be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU PREFER AND CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.