Terms of Use

Last Modified: December 16th, 2013.


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING OUR SITES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE OUR SITES.

360 Developers, Inc. and its affiliates ("360 Developers") provide access to a variety of technical and commercial resources ("materials") through our websites ("sites"), subject to the following terms and conditions. 360 Developers reserves the right to revise these terms, conditions, and the materials from time to time, without any notice. Users who violate these terms and conditions will have their access cancelled and may be permanently banned from using the sites or any services provided by 360 Developers. Users should check these terms and conditions periodically. By using our sites after we post changes to these terms and conditions, you agree to accept those changes, whether or not you have actually reviewed them.

USERS LIMITATIONS
Unless otherwise specified, the materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the materials.

COOKIES
Our websites use a technology called "cookies" to provide you with personalized information. A cookie is an element of data that our sites can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We will not store passwords or any personally identifying information in our cookies, nor will we read cookies created by other web sites. All pages on our site where you are prompted to sign on or that are customizable require that you accept cookies. These cookies will let us know who you are and are necessary to access your account information (stored on our computers) in order to deliver products and personalized services. You may set your web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from us, you may limit the functionality we can provide when you visit our sites.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS
Our sites and all materials on them, including, but not limited to, trademarks, logos, designs, trade dresses, and other designations used in connection with 360 Developers’ products and services (the "materials") are the property of 360 Developers and its licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by 360 Developers and by copyright law, trademark law, international conventions, and other intellectual property laws. You may download or make a copy of the materials provided when you agree to comply with the 360 Developers Trademark and Logo Usage Requirements. You may not remove or alter any 360 Developers trademarks, or co-brand your own products or material with 360 Developers trademarks, without prior written consent. You acknowledge 360 Developers' rights in 360 Developers trademarks and agree that any use of 360 Developers trademarks by you shall inure to 360 Developers' sole benefit. You agree not to incorporate any 360 Developers trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer software, computer or internet-related products, services or technologies.

Nothing contained on our sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the sites or any information displayed on the sites, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of 360 Developers or such third party that may own the trademark or copyright of information displayed on the sites.

LINKS
The 360 Developers sites provide links to external sites as a convenience to the user. The inclusion of any link does not imply our endorsement of any other company, its site, or the products and services it sells. 360 Developers is not responsible for the privacy practices or the content of any other web site. In addition, 360 Developers uses industry standard controls to not transmit your personal information to third parties, such as the vendors and suppliers of goods and services, not specifically for the furtherance of our relationship with you. 360 Developers cannot control, and is not responsible for, the actions of third parties to whom your personal and commercial information may be transmitted for otherwise legitimate purposes. If any such third party misuses, misappropriates, or publishes your personal or commercial information, 360 Developers is not responsible and does not accept any liability. If notified by you, as our sole obligation and your sole recourse, 360 Developers will take reasonable commercial measures within our control to mitigate the problem and minimize the probability of its recurrence.

Please contact us for prior permission if you wish to create a hypertext link to any page on this site. If you create a link to the site, you remain fully responsible for any consequences of that link, whether direct or indirect, and you will protect 360 Developers against all loss, damage, liability, costs, or expense arising from or in connection with the link.

INFORMATION SUBMITTED TO US BY LINKS OR OTHER WEBSITES
360 Developers does not claim ownership of the information you may place on the site and shall have no obligation of any kind with respect to such information. Unless otherwise stated herein, or in 360 Developers' Privacy Policy, any information you provide in connection with this site shall be deemed to be provided on a non-confidential basis.

While 360 Developers does not routinely monitor information, we reserve the right to monitor, restrict access to, edit, or remove any information that is available via our sites.

NON-CONSUMER NOTICE AND TAKE DOWN PROCEDURES
If you believe any content present on this site infringes your copyright, you may request such content to be removed from this site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact us and provide the following information:

- A clear statement identifying the works or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing materials so that 360 Developers can find and verify its existence.
- Your name, telephone number and e–mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.

SOFTWARE USE
The software and software documentation available for download from this site are copyrighted works of 360 Developers. The use of the software is governed by the terms and conditions of the end user license agreement, which accompanies the software. You may not install or use the software unless you have agreed to the terms and conditions of the end user license agreement. The current end user license agreements can be found on this website and within the software itself, prior to installation. Use of 360 Developers products, even without signed consent, shall indicate acceptance and ratification of all license requirements and end user agreements.

DISCLAIMERS AND INDEMNITY
By using our sites and/or posting materials, you agree to indemnify 360 Developers, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. 360 Developers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

YOUR USE OF OUR SITES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPRESSLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. 360 DEVELOPERS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 360 DEVELOPERS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF OUR SITES.

360 DEVELOPERS MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN/ON THE SITES WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This disclaimer applies to all content, merchandise and services available through our sites.

LIMITATION OF LIABILITY
NEITHER 360 DEVELOPERS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THESE SITES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SITES OR THE INFORMATION CONTAINED ON THE SITES, EVEN IF 360 DEVELOPERS (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 360 DEVELOPERS' TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THE SITES) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (USD $1.00).

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

TERMINATION
360 Developers may, in its sole discretion, terminate or suspend your access to all or part of the site, including, but not limited to, any message boards on the site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement will survive termination. In the event that you are unsatisfied with the services provided by 360 Developers, your sole remedy is to terminate this agreement.

GOVERNING LAW AND JURISDICTION
360 Developers operates the sites from its offices within the United States. 360 Developers makes no representations that content and materials on the sites are legal or appropriate for use outside the United States. If you choose to access the sites from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the sites in violation of U.S. export laws and regulations.

This agreement will be governed by and construed in accordance with the laws of the New Jersey, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. Any action brought to enforce this agreement or matters related to the sites will be brought in either the State or Federal Courts of New Jersey; provided, however, that notwithstanding anything contained in this agreement to the contrary, 360 Developers shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce 360 Developers' rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the sites must be commenced within one (1) year after the claim arises. If any provision of this agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in force. This agreement constitutes the entire agreement between you and 360 Developers concerning your use of the sites, and the agreement will not be modified, except in writing, signed by both parties.

Certain 360 Developers products, including software, documentation, services, and data available on the sites may be subject to export controls administered by the United States. You must comply with all United States export laws and regulations, and you shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; or (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. The software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation or any other law or regulation of an applicable jurisdiction.

FEEDBACK
We welcome your feedback about our sites. However, any comments, ideas, notes, messages, suggestions, or other communications sent to the sites shall be and remain the exclusive property of 360 Developers, and we may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of this agreement, please contact us.
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