Terms and Conditions
- ACCEPTANCE OF TERMS
- REGISTRATION REQUIREMENTS
You must complete the website registration process to create an account with a user ID and password (the “Account”) in order to make a purchase or post a comment on the Site. You agree that you will be responsible for maintaining your user ID and password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. Any use of the Site through your Account will be deemed as being used by you. 360Heros is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable
Your completion of an online order or receipt of confirmation thereof does not signify 360Heros’ acceptance of your order, nor does it constitute confirmation of 360Heros’ offer to sell. 360Heros reserves the right at any time after receipt of your order to accept or decline your order for any reason and without any prior notice.If we reject your order, we will notify you promptly and provide a full refund.
- CONDITIONS OF SALE
You agree to pay all charges incurred on your Account at the prices then in effect when such charges are incurred. All purchases must be made by credit or debit card.You agree to pay all applicable taxes, customs, duties or other governmental charges related to your purchase. 360Heros is not be responsible for any taxes, including sales, use, and tangible property, except for taxes on 360Heros income. We reserve the right to ship partial orders, and the portion of any order that is partially shipped may be charged separately at the time of shipment.
We reserve the right, at any time, to change our prices for products sold on the Site, effective immediately upon posting on the Site. All prices are Ex Works 360Heros, with shipping charged separately. Title and risk of loss will pass to you at the Ex Works point.
360Rize will accept returns for 30 days from the date of your receipt for a full refund of the original amount paid, less shipping and handling at the time of purchase.This excludes software purchases as ALL SOFTWARE PURCHASES ARE FINAL. Any software included with the KIT packages will be deducted from the purchase KIT price to be refunded. All non-360Heros hardware (including cameras, hard drives, and accessories) are subject to the product manufacturer’s respective product warranty. Items that show signs of use or have been opened will be charged 25%-100% restocking fee. Items returned in unopened original packaging after 30 days of receipt will be charged a 25% restocking fee. If products were opened, used, and returned, a rental fee may apply. Returns must include all materials as shipped, with no scratches or obvious marks, and you are solely responsible for shipping and handling fees incurred in returning any product. Refunds will be applied to the credit or debit card on which the original purchase was made. Items missing from shipment will be deducted from the refund (applicable amount determined by us). If the return is a result of our error (you received an incorrect or defective item, etc.), we will refund the cost of shipping. ABSOLUTELY NO RETURNS ACCEPTED AFTER 30 DAYS.
- LIMITATIONS OF LIABILITY AND WARRANTY
For 1 year limited manufactures warranty on new or re-manufactured products following the date of shipment, 360Rize will repair or replace, at our option, without charge any product that we, in our sole discretion, find defective in workmanship or material, provided that, on our request, the product is returned to us, and provided that the product has been used only for the purposes intended and has not been modified. This warranty is void in the event of misuse, abuse, unconventional use, or exposure to corrosive or abrasive material or excessive heat. Products having electronic components is 60 days limited warranty is void in the event of misuse, abuse, unconventional use, or exposure to corrosive or abrasive material, water, sea water or excessive heat. THE FOREGOING IS THE EXCLUSIVE WARRANTY. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 360RIZE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS WARRANTY. 360RIZE WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER IN ITS USE, AND OUR LIABILITY, WHETHER ARISING THROUGH CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UNDER NO CIRCUMSTANCES WILL EXCEED THE CONTRACT PRICE FOR THE PRODUCT FOR WHICH LIABILITY IS CLAIMED.
- PROHIBITED CONTENT
You understand and agree that all information, data, and other material provided on the Site (“Content”) is the responsibility of the person or entity providing such Content. In the event that 360Heros permits you to upload, post, email or otherwise transmit information for display on the Site, you will be responsible for all Content that you upload, post, email or otherwise transmit. Likewise, you are responsible to respect third party rights with respect to all Content that appears on the Site and not to download, email or otherwise transmit such content in violation of such third party’s rights.
You agree not to post to the Site any Content that, as reasonably determined by 360Heros, is or appears to be the following: (1) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable; (2) infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement; (3) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information; (4) unsolicited, undisclosed or unauthorized advertising; (5) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (6) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or (7) in violation of any applicable local, state, national or international law (including export laws).
- DISCLAIMER OF CONTENT
You understand and acknowledge that 360Heros assumes no responsibility to screen or review Content on the Site that is originated by parties other than 360Heros, and that 360Heros shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available on the Site. 360Heros expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
- OWNERSHIP OF CONTENT
You understand and agree that your use of the Site entitles 360Rize to use, monitor and preserve copies of all information and Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of 360Heros or any other person or entity.
- CONDUCT ON THE SITE
You must not do, or attempt to do, any of the following, as reasonably determined by 360Heros, subject to applicable law: (1) access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (2) access, tamper with, or use services or areas of the Site that you are not authorized to access; (3) alter information on or obtained from the Site; (4) tamper with postings, registration information, submissions or Content belonging to 360Heros or other users of the Site; (5) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (6) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by 360Heros; (7) impersonate or misrepresent your affiliation with any person or entity; (8) reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code on the Site; (9) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or (10) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
- NO RESALE
You agree to use the Site and the products sold thereon solely for your own personal purposes and not to use or exploit any portion of the Site or the products for commercial purposes, without the prior written consent of 360Heros.
- SUBMISSION OF FEEDBACK
When you submit ideas, suggestions, documents, or proposals (collectively, “Feedback”) to 360Heros through our “Contact Us” web page or otherwise, you represent, warrant and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, 360Heros may use and disclose your Feedback in any way; and (c) 360Heros has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
Our Site may contain links to third party web sites. The linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the linked site or its use or contents.You use the links at your own risk.You hereby irrevocably waive any claim against us with respect to such sites.
You agree to indemnify and hold 360Heros and its affiliates, and their officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates (“Indemnified Persons”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against 360Heros by any third party due to or arising out of or in connection with your Content, or your use of the Site or the products sold thereon, in violation of these Terms.
- TRADEMARK INFORMATION
360Heros is a trademark of 360Heros, Inc. Other product names, trademarks, service marks and other images on the Site are used with permission by 360Heros and its agents. You agree not to use or display any trademarks from the Site without the prior written consent of 360Heros or the owner of such mark.
- COPYRIGHT INFORMATION
The Content is owned by 360Heros and/or third parties and is protected under United States copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of 360Heros. Modifications of Content or use of Content for any other purpose is a violation of the rights of 360Heros or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of 360Heros or third parties.
- JURISDICTION AND VENUE
You agree that this Agreement and the relationship between you and 360Heros will be governed by the laws of the State of New York, without regard to the conflict of laws principles thereof, and that venue with respect to any dispute between you and 360Heros will rest exclusively in the courts of Erie County and the federal district court for the Western District of New York. You agree that the United Nations Convention on the International Sale of Goods will not apply to these Terms.
360Heros may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provide to 360Heros.
- ELECTRONIC COMMUNICATIONS
When you use the Site, or send e-mails to us, you are communicating with us electronically.You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- TERMINATION OF REGISTRATION
You acknowledge and agree that 360Heros may terminate your password and/or other access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if: (i) you do not use the Site for what 360Heros, in its sole discretion, deems to be an extended period of time; (ii) 360Heros believes that you have violated any of these Terms, and/or (iii) you have otherwise acted or failed to act in any manner that 360Heros deems objectionable.You agree that any termination of your access to the Site shall not result in any liability or other obligation of 360Heros to you or any third party in connection with such termination.
- INTERNATIONAL ORDERS
When ordering from 360Heros, you are responsible for assuring the product can be lawfully imported to the destination country. You are the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. We reserve the right to cancel any order for any reason, including without limitation customs duties or other impediments.
These Terms constitute the entire agreement between you and 360Heros and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The failure of 360Heros to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site or these Terms must be filed within one year after such claim or cause of action arose.Contact customer service for more information on returning an item.
Email: accounting (at) 360rize (dot) com
360 Licensing, Inc.
Terms of Service, Hosting, and Non-Exclusive Syndication Agreement
PLEASE READ THIS DOCUMENT CAREFULLY AND COMPLETELY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING THE 360 LICENSING, INC. SERVICE, AS WELL AS YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement, Hosting and Non-Exclusive Syndication Agreement (“Agreement”) is entered into by and between 360 Licensing, Inc., a Delaware Corporation, doing business at 12636 Muirfield Boulevard South, Jacksonville, FL 32225 (“360”), and you, and is effective as of the date of your use of this website (“Site”) and / or the date of your electronic acceptance hereof (“Electronic Acceptance”). This Agreement sets forth the general terms and conditions of your use of the Site, as well as your corresponding license to the Site and 360 of that video which you may choose to post thereupon for subsequent hosting on the Site or by 360, to the extent so applicable.
Your Electronic Acceptance of this Agreement expressly signifies that you have fully read, understand, acknowledge and agree to be bound by the terms of this Agreement. The terms “we,” “us,” or “our” shall refer to 360. The terms “you,” “your,” “user,” or “customer” shall refer to the individual or entity who accepts this Agreement, or who has access to your account or the services the subject hereof. In providing your Electronic Acceptance of this Agreement, you expressly represent and warrant that you are over the age of eighteen (18) and have the legal capacity to enter into a contract. If you are entering into this Agreement on behalf of a corporate entity, you expressly represent and warrant you have the legal authority to so bind the aforementioned entity.
By and through your Electronic Acceptance of this Agreement, as well as the remittance of any applicable consideration associated therewith, you shall become a member (“Member”) of the 360 Site, entitling you to certain benefits, including the opportunity to upload, post and/or re-transmit (collectively “Post(ing)”) their respective video(s), image, text, audio recording or other work (collectively “Content”) on the 360 Site for on-going hosting thereby (“Host(ing”). The aforementioned benefits and services are premised on the following material terms and conditions.
You shall be required enter into a Membership Agreement (“Membership” or “Membership Agreement”) with 360 regarding your Posting of Content to the Site and its subsequent Hosting thereof, including provisions for 360’s re-posting and re-transmittal thereof in all media now known or hereinafter discovered, as well the grant of rights to 360 providing for its limited representation of your rights in the future licensing and syndication of your Content to 360’s clients and third party prospective clients for purposes below-described (collectively “Syndication”).
You shall additionally be asked to read, review, and indicate your Electronic acceptance of this Agreement, including but not limited to the above-referenced rights you grant to 360 hereunder. In completing your Membership Agreement, you shall be required to register with the Site, providing your legal name, user name, a valid street address, valid e-mail address, and potential payment information (both for your payment of fees to 360, as well as your receipt of subsequent syndication and licensing revenue from 360). All such information must be completed fully and accurately. If you are a business, government, or non-profit entity, you must use the actual name of your organization in the Site registration. It shall be a violation of this Agreement to permit others to use or access the Site or Post thereto utilizing your registration or Membership Agreement information. 360 reserves the right to terminate the Membership Agreement and disable your access to the Site should we become aware of any violation of the aforementioned terms and conditions or other breach of this Agreement.
Membership Categories, Fees, Terms, and Conditions
360 offers tiered categories of Membership and Hosting on its Site, as below described:
|Membership Level||Monthly Fee (“Fee(s)”)||Upload Limitation||File Size Limitation||Description, Other Terms and Conditions|
|Free(“Free”)||None||10 videos per month||300MB||Subject to the grant of companion Non-Exclusive Syndication Rights to 360, as below described|
|Bronze(“Basic”)||$19.95 per month||20 videos per month||400MB||Subject to the grant of companion Non-Exclusive Syndication Rights to 360, as below described|
|Silver(“Semi-Pro”)||$39.95 per month||Unlimited||400MB||Subject to the grant of companion Non-Exclusive Syndication Rights to 360, as below described|
|Gold (“Professional”)||$69.95 per month||Unlimited||2GB||Subject to the grant of companion Non-Exclusive Syndication Rights to 360, as below described|
The storage above-referenced limits above referenced are calculated based upon source files. Larger upload sizes may be purchased on a case-specific basis by contacting sales at 360licensing dot biz.
Monthly Member Fees shall be billed to your designated credit card or payment system on the first of every month in advance of service. Monthly Fees shall be self-renewing for subsequent monthly periods on a month-to-month basis (“Monthly Service Period”), until such time as you shall cancel or otherwise terminate your Membership. All purchases of Monthly Fees are considered final and non-refundable. You may cancel or terminate your Membership by e-mailing sales at 360licensing dot biz prior to the next applicable Monthly Service Period. Partial Monthly Fees are not pro-rated in the instance of your cancellation or our termination (see below).
For so long as your Content remains Hosted by 360 on the Site and your Member Fees are current, your account shall be considered active and subject to the rights and benefits of this Agreement.
Rights You Grant To 360 and the 360 Site
By posting your Content to the Site, you authorize 360 to use the Content and associated rights in the manner contemplated by this Site and this Agreement, including the right to use, reproduce, distribute, prepare derivative works of and combine with other Content or works in promoting, distributing, or redistributing all or part of this site in any media formats and through any media channels, without restriction of any kind, and without any further payment or other consideration, permission, or notification, except as expressly contemplated herein.
You further grant 360 and the Site the right to use, reproduce, distribute, prepare derivative works of, combine with other works, display and perform your Content, as permitted through the functionality of this Site and under this Agreement.
The above licenses granted by you as to your Content terminate within a commercially reasonable time after you remove or delete your Content from the Site. You understand and agree that 360 and / or the Site may retain (but not distribute, display, or perform) server copies of your Content that have been removed or deleted. The above-referenced licenses granted by you to your Content are perpetual and irrevocable.
Designation of 360 as your Non-Exclusive Agent for Paid Syndication and Stock Distribution
Your recognize 360 as a pioneer in the creation, distribution, and exploitation of Content produced in a 360 degree viewable format (“360 Format”). You further recognize an emerging market for the Syndication of 360 Format video, potentially including your Content, in complete or derivative format, partial or substantial re-broadcast or re-transmission, by third-parties, or use as stock or B-Roll footage (as so commonly defined in the industry).
As additional consideration for Hosting discounts afforded to Free, Semi-Pro and Pro Members, by and through your electronic acceptance of this Agreement in any of the aforementioned Membership categories, as well as your Posting of Content to the Site, you expressly herewith designate 360 as your non-exclusive Syndication agent (“Syndication Agent”), subject to the following material terms and conditions:
• 360 shall have the non-exclusive right to represent your Content and solicit Syndication opportunities therefor as your Syndication Agent, subject to your prior approval in writing (or e-mail) of every such license (“Syndication License”), which approval shall not be unreasonably withheld, as more fully described below;
• 360 shall administer each such Syndication License, including but not limited to preparation of the Content, final review and approval of its ultimate use (consistent with the subject Syndication License), trafficking and execution of the Syndication License, and billing and collection of Syndication License net royalties (“Royalties”), Royalties herein being defined as actual monies collected by 360 on your behalf, net of applicable taxes, duplication and transmittal fees or costs, and /or third-party commissions or fees.
In consideration of its efforts, you authorize 360 to retain for its own benefit the following sums realized from Royalties collected with respect to each Syndication License (collectively “360 Commission”):
• “Free” Members: Fifty Percent (50%) of Syndication License Royalties generated and collected by 360 on your behalf;
• “Basic” Members: Forty Percent (40%) of Syndication License Royalties generated and collected by 360 on your behalf; or,
• “Semi-Pro” Members: Thirty Percent (30%) of Syndication License Royalties generated and collected by 360 on your behalf;or,
• “Professional” Members: Twenty Percent (20%) of Syndication License Royalties generated and collected by 360 on your behalf.
Net Royalties, after deduction of the aforementioned applicable 360 Commission(s), shall be payable to the member by wire transfer, PayPal or check (less any bank wiring fees) no later than the Fifteenth (15th) day of the month following the close of the quarter in which such Royalties are realized by 360, to wit: the 15th day of April, July, October, and January).
Your Reservation of Rights as to Non-Exclusive Syndication and Approval Rights
The rights herein granted by you to 360 to act as your Syndication Agent are non-exclusive and terminate within a commercially reasonable time after you cancel your Membership or remove or delete your Content from the Site, unless otherwise mutually agreed in writing.
Nothing herein shall preclude you from engaging other syndication agents or consummating additional syndication opportunities directly, which rights are expressly reserved herein by you.
Prior to its execution of any Syndication License on your behalf, 360 shall provide you in writing the right to approve same (“Approval”), which Approval shall not be unreasonably withheld and shall be granted or affirmed in writing or by e-mail. You acknowledge any unreasonable withholding of your aforementioned Approval pursuant to this provision may be construed by 360 as a breach of this Agreement and result in a termination or modification thereof, as more fully described below. For purposes of clarity, however, any refusal to grant your Approval to a prospective License which may entail use of your Content by a third-party in a manner which would fall within the prohibitions described in the “Content Requirements, Representations, and Warranties” below-described, shall be considered reasonable.
You expressly acknowledge that notwithstanding your reservation of rights to engage in or grant other non-exclusive syndication distribution agreements, any grant of such rights to a prospective licensee of your Content who has effectuated a prior Syndication License for your Content by and through 360 shall remain Royalty-bearing to 360 as to any and all of your Content licensed thereto, whether by you or another party, for a term of thirteen (13) months subsequent to the last date of Syndication License effected by and through 360 pursuant to the terms of this Agreement.
Content Requirements, Representations and Warranties
As a material term of this Agreement, you agree not to Post any Content that: (a) infringes in any manner on any third party’s rights, including but not limited to such person’s copyright, trademark, personality or publicity right, and privacy rights; (b) contains any sexually explicit images or pornography (as more fully defined in 18 U.S.C. 2256), provided, however, non-sexual nudity is permitted; (c) contains hateful, defamatory, or discriminatory speech, or incites hatred against any individual or group; (d) exploits minors; (e) depicts unlawful acts or extreme violence; (f) promotes fraudulent schemes, multi-level marketing, “get rich quick” schemes, online gaming or gambling, cash gifting, or any other dubious money-making ventures; or, (g) violates any law.
You further represent and warrant that by and through the Posting of your Content you shall not: (a) act in a deceptive manner or impersonate any person; (b) harass or stalk any other person; (c) harm or exploit minors; (d) distribute “spam” or otherwise deliver messaging for which a receiver has not explicitly “opted-in;” (e) collect information about others, including 360 Site users; or, (f) advertise or solicit others to purchase any product or service.
You additionally represent and warrant that for each work of Content you Post: (a) you have the full right to any and all third party rights or licenses with respect to the production and/or Posting of said Content; (b) 360 shall accordingly be relieved of any corresponding obligation to obtain licenses from any third parties, or pay any royalties to third parties (except as may be otherwise expressly set forth herein), and that your Content does not infringe on any party’s intellectual property rights, privacy rights, or copyright.
As to any and all Content which you Post for Hosting on the 360 Site, you shall indemnify, defend, and hold harmless 360 and its affiliates, directors, officers, employees, agents and authorized licenses from and against all third party claims that (a) arise from your Posting of Content on the 360 Site; (b) or from any transmittal or syndication of your Content by 360 in accord with the terms of this Agreement; (c) or from your violation of any third party’s rights, including but not limited to intellectual property rights and copyright; (d) or otherwise arises from your violation of any term of this Agreement.
360’s Reservation of Rights, Disclosures, and Limitation of Liability
360 reserves the right to change the terms and conditions of the Agreement at any time, subject to its provision to you of 30 days written notice with respect thereto, inclusive of the option to cancel or modify your Membership. 360 further reserves the right to suspend, deny or terminate your Membership and associated service to you in the instance of your breach of this Agreement. In such instance, you will be notified by e-mail of your breach and have five (5) business days in which to cure same, absent which your Content may be removed from the Site and your Membership terminated in the sole discretion of 360.
Notwithstanding any provision to the contrary herein, 360 has no obligation to screen or monitor any Content on the Site, nor does it guarantee that all such Content Posted thereto complies with this Agreement or is suitable for all users.
360 provides the Hosting and Site benefits the subject of this Agreement on an “as is” and “as available” basis. While 360 devotes is commercially reasonable efforts to assure maximum uptime access to its servers and Hosting facilities, there are no warranties of any kind, whether expressed or implied, with respect thereto or the other matters subject of this Agreement. You accept the terms and conditions of this Agreement “as is” and at your own risk.
Moreover, excepts as otherwise expressly set forth herein, 360 makes no representations or warranties as to the following:
• That the services the subject hereof, including Hosting on and by the 360 Site, is permitted in your jurisdiction;
• That the 360 Site and its servers will offer uninterrupted or error-free service;
• The Content Posted by any Member;
• Any third party’s use of Content you submit, other than as set forth in a Syndication License, as below-defined;
• That the services subject of this Agreement will adequately meet your business or professional needs; and,
• That 360 will continue to support any particular product or service subject of this Agreement.
To the extent any disclaimer or limitation of liability does not comport with applicable law or statute, or should be found to be invalid by a court of competent jurisdiction, all applicable express, implied, or statutory warranties shall be limited in duration to the last applicable Monthly Service Period, and any damages as to prior Monthly Service Periods shall be and are herewith deemed to have been waived (“Waiver”), which Waiver is a knowing, intelligent, and voluntary waiver of a fully known right.
To the fullest extent permitted by law 360 shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the matters subject of this Agreement, including but not limited to damages related to loss of profits, goodwill, data, Content or other intangible losses. In any instance, you agree that 360’s liability to you shall not exceed the aggregate of Monthly Fees paid by you to 360 over the prior twelve (12) months preceding your claim.
Dispute Resolution. This Agreement shall be governed by the laws of the State of Florida, United States of America without regard to conflict of law provisions. The Uniform Commercial Code and the United Nations Convention of Controls for International Sale of Goods shall not apply. Further, any dispute arising from this Agreement shall be adjudicated by any court of competent jurisdiction in Jacksonville, Florida, United States of America. Any such action shall be a bench trial in which you forever and irrevocably waive any right to a trial by jury.
Severability and Waiver. Should any term of this Agreement be found to be invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in force and the Agreement interpreted in accord therewith. No failure or delay by 360 in exercising its rights hereunder shall be construed as a waiver thereof. All rights and remedies hereunder are cumulative and non-exclusive.
Successors and Assignment. This Agreement is binding upon and shall inure to the benefit of the parties hereto, as well as their respective successors, heirs, executors, administrators, personal representatives, and assigns. You may not assign this Agreement, however, without the prior written consent of 360.
Interpretation and Construction. Headings in this Agreement are for convenience only and no substantive meaning shall be accorded thereto. You acknowledge you have had opportunity to consult with counsel of your own choosing prior to your Electronic Acceptance hereof, as well as the opportunity to negotiate and contribute to the terms and conditions of this Agreement, and accordingly no constructive interpretation should be accorded to any party hereto regarding the drafting of this Agreement, nor is this Agreement one of adhesion or duress.
Notices. You consent to receive all communications regarding this Agreement, including notices, amendments, and disclosures from 360 electronically at the e-mail address provided in your Membership Agreement. To the extent you wish to provide 360 any legal notice, such notice should be provided by e-mail to charlie at 360Heros dot com AND by Registered or Certified U.S. Mail to 360 Licensing, Inc., Attn: Charles F. Schmitt, Esq., 12636 Muirfield Boulevard South, Jacksonville, FL 32225.
Complete Agreement. This Agreement embodies the full and complete understanding of the parties as to the subject matter hereof and may not be amended or modified absent the prior written consent of you and 360.
Return Shipment Address
Att: Product Returns RMA# (Your Number)
2216 West State St
Olean, New York 14760
DO NOT RETURN YOUR PACKAGE until you have received a RMA number.
Include in your packaging your Contact Details, Order Number and RMA# so we can properly identify your return.Thank you.
360Rize/ 360Heros Inc
2216 West State Street
Olean, New York 14760