Introduction: Your Agreement to the Terms of Service.
The following Terms of Service is a legal contract between you, an individual subscriber, customer, member, or user (“You”), and 360 Living regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, OR USING THE Website, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES (AS DEFINED BELOW) AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”).
1. User Content License Grant; Representations and Warranties.
1.1 User Content Generally. 360 Living may now or in the future permit the posting by You and other users of notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Postings”), the posting, creation, or modification by You and other users of computer code (including source code and object code) ("User Code"), and the hosting, sharing, and/or publishing of such User Postings or User Code (User Postings and User Code, collectively, "User Content"). You understand that whether or not such User Content is published, 360 Living does not guarantee any confidentiality with respect to any submissions.
1.2 License Grant to 360 Living. By submitting or distributing User Content or Survey Responses through the Website, You hereby grant to 360 Living a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
1.3 License Grant to Users. By submitting or distributing User Postings or Survey Responses through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Postings. By submitting or distributing User Code through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Code as permitted under the terms of the MIT license (currently available at: http://opensource.org/licenses/mit-license.php) (the "MIT License"). The foregoing license granted by You terminates as to specific User Content once You remove or delete such User Content from the Website; provided, however, that Users’ rights to such User Posting arising out of distributions occurring on or prior to deletion of such User Content from the Website survive any termination or expiration of the license granted in this Section.
1.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User Content to or through the Website, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize 360 Living and 360 Living's Users to use and distribute your User Content as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by 360 Living and these Terms of Service; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. 360 Living reserves all rights and remedies against any User who violates these Terms of Service.
1.5 User Content Disclaimer. You understand that when using the Website You will be exposed to User Content from a variety of sources, and that 360 Living is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against 360 Living with respect thereto. 360 Living does not endorse any User Content or any opinion, recommendation or advice expressed therein, and 360 Living expressly disclaims any and all liability in connection with User Content.
2. Licensed Educational Content.
2.1 License. Unless indicated as being in public domain, all educational presentations and exercises provided on the Website by 360 Living (the “Licensed Educational Content”) and all educational, user-readable source code made available to You by 360 Living on or through the “Computer Science” modules or exercises on the Website (the “Licensed Educational Code”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. By downloading or otherwise accessing such Licensed Educational Content, You agree to comply with all the terms of the Creative Commons License. Unless otherwise indicated, all Licensed Educational Code is the property of 360 Living or its subsidiaries or affiliated companies and/or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to You under the terms of the MIT License. By downloading or otherwise accessing such Licensed Educational Code, You agree to comply with all the terms of the MIT License.
2.2 License Restrictions. The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, the Licensed Educational Content may not be used, distributed or otherwise exploited for “commercial advantage or private monetary compensation” under the Creative Commons License unless otherwise agreed in writing by 360 Living. Without limiting the generality of the terms of the Creative Commons License, the following are types of uses that 360 Living expressly defines as falling outside of the definition of "non-commercial":
(a) the sale or rental of (i) any part of the Licensed Educational Content, (ii) any derivative works based at least in part on the Licensed Educational Content, or (iii) any collective work that includes any part of the Licensed Educational Content;
(b) the sale of access or a link to any part of the Licensed Educational Content without first obtaining informed consent from the buyer that the buyer is aware that the Licensed Educational Content, or such part thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
(d) the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.
2.3 Non-Commercial Use. Whether a particular use of the Licensed Educational Content is “non-commercial” depends on the use, not the user.
(a) As an example, a for-profit corporation’s use of the Licensed Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use.
(b) As another example, a non-profit entity’s use of the Licensed Educational Content in connection with a fee-based training or educational program is NOT “non-commercial” and is not permitted.
2.4 Crediting 360 Living. The Creative Commons License requires attribution to 360 Living in association with Your use of the Licensed Educational Content. Accordingly, if You distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content, You must also provide the following notice prominently along with the Licensed Educational Content: “Free Content from www.Authentic-Happiness.com”
3. Prohibited Conduct. BY USING THE WEBSITE YOU AGREE NOT TO:
3.1 use the Website or any related services, including any 360 Living API, for any commercial use or purpose unless expressly permitted by 360 Living in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
3.2 use the Website for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Website as such services are offered by 360 Living;
3.3 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 11, below);
3.4 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
3.5 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
3.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
3.7 delete the copyright or other proprietary rights notices on the Website, Licensed Educational Content, Licensed Educational Code, or User Content;
3.8 assert, or authorize, assist, or encourage any third party to assert, against 360 Living or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, Licensed Educational Code, or User Content You have used, submitted, or otherwise made available on or through the Website;
3.9 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
3.10 use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
3.11 defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
3.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Educational Content, Licensed Educational Code, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Educational Content, Licensed Educational Code, or User Content;
3.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
3.14 modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by 360 Living herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
3.15 intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
4. Fees; Payments.
4.1 Fees. 360 Living may now, or in the future, charge fees for access to and use of the Website, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Website.
4.2 Payment Methods. 360 Living will charge the Fee, if any, and other additional fees or donations you authorize, to the PayPal account or credit card you designate. You authorize the credit card or PayPal account you designate to pay any amounts described herein and authorize 360 Living, or any other company that acts as a billing agent for 360 Living, to continue to attempt to charge all sums described herein to your credit card or PayPal account until such Fees are paid in full. You agree to provide 360 Living updated information regarding your credit card and PayPal account upon 360 Living’s request, and any time the information earlier provided is no longer valid. If payment is not received by 360 Living from your credit card issuer or PayPal, you agree to pay all amounts due upon demand by 360 Living.
4.3 Credit Card Authorization. If 360 Living permits You to use a credit card to activate pay for any Fees related to the Website, You will be asked to provide 360 Living with a credit card number from a card issuer that we accept. 360 Living may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
4.4 Changes in Price; No Refunds. 360 Living may at any time, upon notice required by applicable law, change the price of the Website or any features thereof, institute new charges or fees, or charge a fee for the Website or any part thereof where a fee was not previously charged. All Fees relating to the Website, including any Fees charged for access to the Website, are final and nonrefundable.
5. Third-Party Sites, Products and Services; Links.
The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). 360 Living does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
6. Ownership; Proprietary Rights.
The Website is owned and operated by 360 Living. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by 360 Living (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by Users, all Materials contained on the Website are the property of 360 Living or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to 360 Living or its affiliates and/or third-party licensors. Except as expressly authorized by 360 Living, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. 360 Living reserves all rights to the Materials not expressly granted in the Terms.
You agree to indemnify, defend, and hold harmless 360 Living, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“360 Living Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child Member associated with you if you are a Parent Member. 360 Living reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify 360 Living, and You agree to cooperate with 360 Living’s defense of these claims. 360 Living will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
8. Disclaimers; No Warranties.
8.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 360 Living, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. No advice or information, whether oral or written, obtained by You from 360 Living or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in this Section 14, the term 360 Living includes 360 Living’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
8.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the Website is at your sole risk. THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Content, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
8.3 Content. 360 Living, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Content, FUNCTIONS, or any other information OFFERED ON or through THE WEBSITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
8.4 Accuracy. 360 Living, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
8.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) or any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR property (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
8.6. YOU UNDERSTAND AND AGREE THAT the recommendations, ideas and models contained in these learning modules do not provide medical advice. It is intended for general informational purposes only and does not address individual circumstances. It is not a substitute for professional medical advice, diagnosis or treatment and should not be relied on to make decisions about your health and fitness. If you think you may have a medical issue, immediately call your doctor or dial 911 if located in the US.
9. Limitation of Liability and Damages.
9.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL 360 Living OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE or any reference sites, OR ANY OTHER INTERACTIONS WITH 360 Living, EVEN IF 360 Living OR A 360 Living AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 360 Living’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9.2 Limitation of Damages. IN NO EVENT WILL 360 Living’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR your interaction with OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
9.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN 360 Living AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY reference sites.
9.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT 360 Living HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 360 Living, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND 360 Living. 360 Living would not be able to provide the Website to You on an economically reasonable basis without these limitations.
9.5 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10.1 Notice. 360 Living may provide You with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after email is sent, unless 360 Living is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
10.2 Waiver. The failure of 360 Living to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by 360 Living.
10.3 Dispute Resolution and Arbitration.
(a) Governing Law. The Terms will be governed by and construed in accordance with the laws of Bulgaria, without giving effect to any principles of conflicts of law.
(b) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or 360 Living will be filed only in the court of Bulgaria, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 10.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
10.4 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
10.5 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by 360 Living without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
10.6 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5 through 16.
10.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
10.9 Claims. YOU AND 360 Living AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We never reveal or sell your personal information, such as your email address, to third parties. However, in accordance with industry standards, we do collect and use the non-personally identifiable data contained in log files, including your IP address, Internet Service Provider (ISP), the type of browser you used, whether you have Flash installed, the time of your visit and which pages you viewed.