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CUSTOMER AGREEMENT: Customer acknowledges reading this User Agreement and agrees to be bound by the terms of this agreement, which represents the complete agreement between User and 360º Live. I. Definitions (A.) “Customer”, “You”, “Your”, “Yours” is any person, business, organization or other natural person or entity who use 360º Live to advertise their services, including listing (free and paid), banner ads, and any other features, options, goods or services provided now or in the future by 360º Live. (B.) “360º Live” includes 360º Live, its subsidiaries, directors, employees, affiliates, licensees or assignees. II. Description of Services and Limits of Services Provided (A.) 360º LIVE makes no claims, guarantees or warranties in regard to accuracy or completeness of information and cannot accept responsibility for any errors or omissions or any liability resulting from the use or misuse of any such information. The provider reserves the right to refuse any material not in keeping with the professional standards of 360º LIVE. (B.)Paid Services
(C.) All listings and banner ads, free and paid, will be reviewed and are subject to approval by 360º LIVE before placement. 360º LIVE reserves the right to reject any company, individual, description, graphic, or URL. III. Restrictions on Customer: (D.) A Customer shall not upload, post or otherwise make available on 360live.org any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Customer. A Customer shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of 360live.org, a Customer automatically grants, or warrants that the owner of such material has expressly granted 360º LIVE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Customer also permits any other customer or user to access, view, store or reproduce the material for that customer or user's personal use. Customer hereby grants 360º LIVE the right to edit, copy, publish and distribute any material made available on 360live.org by that Customer. IV. Limitation of Liability Under no circumstance shall 360º LIVE and its subsidiaries, directors, employees or affiliates be liable for any indirect, incidental, special, punitive or consequential damages (including, without limitation, lost profits) whether or not foreseeable, that result in any way from a customer's use of or inability to use the service or the equipment obtained through the service, or customer's reliance on information provided, or that result from mistakes, omissions, interruptions, deletions or any failure of performance, even if 360º LIVE has been advised of the possibility of such damages. In any case, 360º LIVE’s entire liability under or existing out of this agreement is limited to the sum total of payments made by customer to 360º LIVE during the six months immediately preceding the event for which damages are claimed. No action or proceeding against 360º LIVE may be commenced more than one (1) year after the service-giving rise to the claim is rendered. V. Indemnification Customer agrees to indemnify, defend and hold 360º LIVE and its subsidiaries, directors, employees and affiliates harmless from any claims, losses or damages, including attorney's fees, relating to any violation of this agreement by customer or placement of or transmission of any message, information, software or other materials on the internet by customer or user authorized by customer to do so. This indemnification shall survive the termination of the agreement. VI. Amendments or Modifications 360º LIVE may change the terms of this agreement from time to time. By continuing to use this service following such changes, you agree to be bound by this agreement, as modified. 360º LIVE may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time. VII. Other Provisions (A.) The headings of this agreement are for description and convenience only and have no legal effect. (B.) The foregoing provisions are for the benefit of 360º LIVE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. (C.) This agreement is severable, and if any portion of it shall be declared void or otherwise invalid, the remainder shall continue in effect. (D) The foregoing provisions of section 1 are for the benefit of 360º LIVE, its subsidiaries, related companies, and employees, and each shall have the right to assert and enforce such provisions directly or on its own behalf. USER AGREEMENT: User acknowledges reading this User Agreement and agrees to be bound by the terms of this agreement, which represents the complete agreement between User and 360º Live. I. Definitions (A.) “User”, “You”, “Your”, “Yours” is any person, business, organization or other natural person or entity accessing the services provided by 360º Live. (B.) “360º Live” includes 360º Live, its subsidiaries, directors, employees, affiliates, licensees or assignees. II. Description of Services and Limits of Services Provided (A.) 360º LIVE has taken all reasonable measures to ensure the accuracy of the links and listings within this web site (http://www.360live.org/).
(B.) 360º LIVE makes no claims, guarantees or warranties in regard to accuracy or completeness of information and cannot accept responsibility for any errors or omissions or any liability resulting from the use or misuse of any such information.
II. Terms of Use (A.) A user shall use 360live.org for lawful purposes only. A user shall not post or transmit through 360live.org any material which violates or infringes in any way upon the rights of others, which is unlawful, abusive, threatening, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without 360º LIVE’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that in 360º LIVE’s discretion restricts or inhibits any other user from using or enjoying 360live.org will not be permitted. A user shall not use 360live.org to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with 360live.org. (B.) 360live.org contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of 360live.org are copyrighted as a collective work under United States copyright laws. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. This includes search directory listings, equipment listings, and all other content on 360live.org. A user may download copyrighted material for their personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of 360º LIVE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. A user acknowledges that they do not acquire any ownership rights by downloading copyrighted material. III. No Warranties 360º Live is a provider of information and makes no representations as to the actions or omissions of the service providers which it lists. The service (to include options) is provided without warranties of any kind, whether expressed, implied or statutory including but not limited to, any implied warranty of merchantability, fitness of the service for a particular purpose and non-infringement of any third party rights. 360º LIVE makes no warranty of any kind, expressed or implied, regarding the quality, accuracy, or validity of the data and/or information sent or accessed through its site or that the service will be error free. IV. Limitation of Liability 360 º Live Under no circumstance shall 360º LIVE and its subsidiaries, directors, employees or affiliates be liable for any indirect, incidental, special, punitive or consequential damages (including, without limitation, lost profits) whether or not foreseeable, that result in any way from a customer's use of or inability to use the service or the equipment obtained through the service, or customer's reliance on information provided, or that result from mistakes, omissions, interruptions, deletions or any failure of performance, even if 360º LIVE has been advised of the possibility of such damages. In any case, 360º LIVE’s entire liability under or existing out of this agreement is limited to the sum total of payments made by customer to 360º LIVE during the six months immediately preceding the event for which damages are claimed. No action or proceeding against 360º LIVE may be commenced more than one (1) year after the service-giving rise to the claim is rendered. V. Amendments or Modifications 360º LIVE may change the terms of this agreement from time to time. By continuing to use this service following such changes, you agree to be bound by this agreement, as modified. 360º LIVE may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time. VI. Other Provisions (A.) The headings of this agreement are for description and convenience only and have no legal effect. (B.) The foregoing provisions are for the benefit of 360º LIVE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. (C.) This agreement is severable, and if any portion of it shall be declared void or otherwise invalid, the remainder shall continue in effect. © Copyright 2008 360 LIVE. All Rights Reserved. |
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