Terms of Service

Introduction

This website (or other service) is operated by 360 Productions. (“360 Productions” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site or services provided by 360 Productions (the “360 Productions Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented. The 360 Productions Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access (each, a “360 Productions Site” and collectively, the “360 Productions Sites”); fan clubs and other subscription sites; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a 360 Productions Site or other 360 Productions Service. Internet access is not included in the 360 Productions Services and separate third party fees may apply.

Age Requirements

In order to use the 360 Productions Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the 360 Productions Services and you are instructed to leave this 360 Productions Site or other 360 Productions Service. If you are between the ages of 13 through 17 years, you may use the 360 Productions Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing 360 Productions Services while not under the supervision and/or without the written consent of your parent or legal guardian.

Modification of these Terms of Service

360 Productions may wish to update or change this TOS from time to time to reflect changes in the 360 Productions Services, changes in the laws affecting the 360 Productions Services, changes in 360 Productions’s policies, or for other reasons. When we do, 360 Productions will endeavor to provide notice to users in one or more of the following ways: (1) 360 Productions will update the “last updated” date at the bottom of this TOS; (2) 360 Productions may post notice of the update on the 360 Productions Site or other 360 Productions Service; and/or (3) 360 Productions may email notice of the update to the Registered Users. You understand that 360 Productions reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the 360 Productions Site or other 360 Productions Service. Continued access to or use of the 360 Productions Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the 360 Productions Services shall be subject to this TOS, as modified from time to time.

Registering on the 360 Productions Site

You may be required to register to use the 360 Productions Services. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current.

Privacy Policy

Data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. 360 Productions’s policies regarding its use and disclosure of your personal information are set forth in the privacy policy incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. If you do not accept the policy in its entirety, you are not permitted to access or use the 360 Productions Services. The privacy policy shall supersede any conflicting terms contained in this TOS.

Customer Service

Please contact us using the form on our website. We will respond within 2 business days.

Community Terms and Conditions

You Are Responsible For Activities on Your Account

If you are given a password to access a fan message board, fan club forum, or news post comments within the 360 Productions Sites (collectively, the “Community Pages”), you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify 360 Productions immediately of any unauthorized use of your account. 360 Productions is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Please choose carefully the information you post via the Community Pages or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other 360 Productions users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and 360 Productions assumes no responsibility or liability for this material. If you become aware of misuse of the Community Pages by any person, please contact Customer Service.

360 Productions is a Service Provider

360 Productions is a service provider; we do not control various aspects of the 360 Productions Services. By agreeing to these terms and conditions, you acknowledge that 360 Productions is a service provider that may allow people to interact online, discuss topics and/or post content of their own choosing. Generally, 360 Productions does not regulate the content or communications posted by or between users using the Community Pages. 360 Productions has limited control, if any, over the type of content posted within the Community Pages.

Prohibited Uses

You agree that you will not: (i) use the Community Pages for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the Community Pages in any manner that could damage, disable, overburden, or impair the Community Pages or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any 360 Productions user account, computer systems or networks associated with the Community Pages; or (iv) obtain or attempt to obtain any materials or information through the Community Pages by any means not intentionally made available or provided for.

Prohibited Content

You agree not to post, submit, upload or otherwise display prohibited content on or through the Community Pages, including, but not limited to, text, photos, illustrations, designs, software, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Your Materials”). The following is a partial list of Your Materials that are illegal or prohibited to post submit, upload or otherwise display on or through the Community Pages. 360 Productions reserves the right to investigate and take appropriate legal action against anyone who, in 360 Productions’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Community Pages and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Your Materials that, in the sole discretion of 360 Productions:

Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual;
Uses racial, religious or ethnic slurs, sexually discriminative or homophobic language, cussing, or derogatory labeling;
Harasses, bullies or advocates harassment or bullying of another person;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website;
Solicits personal information from any other user;
Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent;
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, unsolicited instant messaging, “spimming,” or “spamming”;
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords, promotional codes, access codes, gift codes or personal identifying information for commercial or unlawful purposes from other users;
Involves commercial activities and/or sales without 360 Productions’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph of another person, or any modified version thereof, that you have posted without that person’s consent.
Posting of subscription service exclusive content, including media, news, links, etc.

Prohibited Activity

The following is a partial list of the kind of activity that is illegal or prohibited on or via the Community Pages. 360 Productions reserves the right to investigate and take appropriate legal action against anyone who, in 360 Productions’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products, services or data through the Community Pages;
Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes;
Exporting encryption software over the Internet or otherwise to points outside the United States;
Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Interfering with, disrupting, or creating an undue burden on the Community Pages or the networks or services connected to the Community Pages;
Attempting to impersonate another user or person;
Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
Selling or otherwise transferring your profile;
Using any information obtained from the Community Pages in order to harass, abuse, bully, or harm another person;
Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Community Pages, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
Using the Community Pages in a manner inconsistent with any and all applicable laws and regulations.

Spam

You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from the Community Pages in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect 360 Productions users from such advertising or solicitation, 360 Productions reserves the right to restrict the number of emails that a user may send to other users in any 24-hour period to a number which 360 Productions deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Community Pages, you acknowledge that you will have caused substantial harm to 360 Productions, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay 360 Productions $50 for each such unsolicited email or other unsolicited communication you send through the Community Pages.

User Disputes

You are solely responsible for your interactions with other users of the Community Pages. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Community Pages

The Community Pages may include emailing, chatting, instant messaging, blogging, commenting, posting, message board activity and other forms of online and/or electronic communication and other functionality or 360 Productions Service with a social, sharing or interactive component. Your use of the Community Pages is subject to the Terms of Service.

You understand that 360 Productions is not obligated to provide any assistance, including any technical or customer support, in connection with the use of the Community Pages, and that your use of the Community Pages is at your own risk. Any and all Community Pages are provided “AS IS” and “AS AVAILABLE” and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.

360 Productions is in no way liable for any claims arising from your use of any Community Pages. As a condition of your use, you agree to indemnify 360 Productions for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Community Pages. 360 Productions reserve the right, in its sole discretion and at any time: to modify or discontinue the Community Pages; to limit, terminate or suspend your use of the Community Pages; and to assess charges for the use of the Community Pages in the future.

Moderator Rights and Responsibilities

Some Community Pages may involve moderators (“Moderators”). 360 Productions may, but is not required to, use Moderators on some of the Community Pages. Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. They also reserve the right to handle all Moderator issues privately.

Please remember that Moderators are also users and are dedicating their time to preserving the integrity of the 360 Productions Site for every user’s enjoyment. Please make sure you treat them with the respect they deserve.

All correspondence with Moderators should include your username, email address and detailed explanation of the problem encountered.

Moderators are not employees of 360 Productions or the band, celebrity, recording artist, performing artist, public figure, brand or other client of 360 Productions, or of any other party; they work as volunteers to help ensure the success of the online community.

Please send any complaint you have to one of the Moderators. If they are unable to rectify the situation, they will contact 360 Productions Site management.

User Decorum and Standard of Care

This 360 Productions Site (or other 360 Productions Service) has users of various ages and all are expected to conduct themselves in a mature and responsible manner. Users are to respect the opinions of others and refrain from attacking another person for expressing their opinions. Name-calling, personal attacks, bullying and harassment of any kind will not be tolerated. As previously stated, Moderators reserve the right to remove any content posted by users, discontinue any chat thread, remove any communication or content, or to suspend or ban any user at anytime or for any reason in accordance with these rules and in their sole discretion. If you feel you, or any other user, has been attacked, bullied or harassed, please contact a Moderator or 360 Productions Customer Service immediately.

Duration of Disciplinary Actions

The length of a ban will be determined in the sole discretion of the Moderator and management. The level of severity and degree of disruption caused by the offense will be considered. If a banned user returns to the Community Pages with a new account, that account may also be banned. Other users posting for banned users may result in disciplinary action on the posting user. All bans shall occur without refund.

Posting

You are cautioned not to post your own personal information in the interest of safety. You should not post your address, telephone number, or anything that might put you at risk. 360 Productions is not responsible for monitoring this information, and 360 Productions is not liable for any consequences that may result from the exchange of this information.

360 Productions does not police copyright violations. If any user is reported to have violated copyrighted material, 360 Productions is not liable for any damages resulting from such violation. Additionally, the violating user is subject to ban as a result of posting copyrighted material without authorization. For further information on this topic, please review the “Copyright Policy” section below.

If applicable, please ensure that your discussion thread title properly describes your post. The Moderators do not have time to read every thread and may move something based on the thread title.

If you would like to start a new discussion thread, please take the time to see if there is already a discussion thread started for that topic. Duplicate threads may be locked and the original will remain.

Please make every attempt to post in the correct forum. The Moderators may move threads not posted in the proper area.

Do not use another user’s name in your thread title unless it is a positive post.

Internet etiquette states that UPPER CASE letters are shouting. Unless it is something urgent, please use lower case letters when adding new discussions.

If you start a discussion thread and then regret your decision, within a reasonable time, you may ask to have the thread deleted. If the deletion of the thread will not adversely affect another user, the Moderator may delete the thread provided the request is not unreasonable.

Please post in English only. The Moderators may be capable of moderating only in English and may delete any posts that are in any language other than English.

Always provide the proper link when posting articles so that credit is given to the proper source.

Please refrain from spreading rumors, particularly about 360 Productions or the band, celebrity, artist, performer or other public figure or brand that this 360 Productions Site may be about. If you did not receive the information you are posting from a credible source, please do not post it. Moderators reserve the right to delete any posts they believe to contain false information. Please do not disparage or cast in a negative light 360 Productions, the 360 Productions Services, or the band, celebrity, artist, performer or other public figure or brand that this 360 Productions Site may be about.

Submitting, Uploading and/or Posting Text, Photos, Artwork, Sound Recordings, Data, and other Materials

By submitting or posting Your Materials, you are giving us permission, in perpetuity, on a no-charge basis, to use Your Materials in connection with the 360 Productions Services, in connection with any advertisements and promotions, and for any other purpose for which 360 Productions chooses to use Your Materials. In particular, you understand and agree that by submitting, posting or uploading Your Materials to 360 Productions or the 360 Productions Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting 360 Productions and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to Your Materials. These grants include the right to exploit any proprietary rights in Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. These grants further include the right to place advertisements on or in connection with Your Materials. No compensation will be paid with respect to 360 Productions’s use of Your Materials, including but not limited to any uses of Your Materials that generate revenue for 360 Productions or a third party. 360 Productions is under no obligation to post or use Your Materials you may provide and may remove Your Materials at any time at 360 Productions’s sole discretion. You certify and warrant that Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. For the avoidance of doubt, this section is not applicable to any personally identifiable registration information that you provide in the process of registering for the 360 Productions Services.

360 Productions may delete any of Your Materials that in the sole judgment of 360 Productions violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. 360 Productions assumes no responsibility for monitoring the 360 Productions Services or 360 Productions Sites to see if Your Materials, or the materials of any other user or the conduct of you or any other user are inappropriate. If at any time 360 Productions chooses, in its sole discretion, to monitor the 360 Productions Services or 360 Productions Site, 360 Productions nonetheless assumes no responsibility for Your Materials or the materials of any other user, no obligation to modify or remove any inappropriate materials, and no responsibility for the conduct of the user submitting any such materials. Furthermore, you are solely responsible for Your Materials and any material or information that you transmit to other users and for your interactions with other users. 360 Productions does not endorse and has no control over the materials posted by users. Materials are not necessarily reviewed by 360 Productions prior to posting and do not necessarily reflect the opinions or policies of 360 Productions. 360 Productions makes no warranties, express or implied, as to user materials or to the accuracy and reliability of user materials or any material or information that you transmit to other users.

Content Available on the 360 Productions Services

The 360 Productions Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the 360 Productions Services (all of these things are commonly referred to as “Content”) are owned by 360 Productions or others. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the 360 Productions Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. All rights not expressly granted to you in the Terms of Service are reserved by 360 Productions (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the 360 Productions Services are owned by 360 Productions or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to 360 Productions for which money damages would be inadequate and in such event 360 Productions will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of 360 Productions to terminate, without refund, user privileges of any user who infringes the copyright rights of others upon receipt of proper notification to 360 Productions by the copyright owner or the copyright owner’s legal agent.

Please note 360 Productions is a service provider that operates in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512).

If you are a copyright owner or agent thereof and believe that any user generated content infringes upon your copyright(s), You may submit a notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (c)(3)):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

360 Productions’s Designated Copyright Agent assigned to receive notifications may be contacted using the form on our website.

You acknowledge that if you fail to comply with all of the requirements listed above and described in detail in 17 U.S.C. 512 (c)(3), then your DMCA notice may not be valid.

If you posted content on the 360 Productions Service and it was removed due to a DMCA notice filed against you, you may protest the content removal if you believe you own the copyright for the content you posted by filing a counter-notice. You may submit a counter-notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (g)(3)):

A physical or electronic signature of the subscriber (note: the person or entity that posted the material is considered the “subscriber”);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notice to remove the material, or an agent of such person.

360 Productions’s Designated Copyright Agent assigned to receive counter-notifications is also using the form on our website.

You acknowledge that if you fail to comply with all of the requirements listed above (and described in detail in 17 U.S.C. 512 (g)(3) that your DMCA counter-notice may not be valid.

Customer Support

360 Productions may provide information about how to use the 360 Productions Services. If you have any questions about the 360 Productions Services or any problems that you would like to report, please contact Customer Support. We endeavor to answer all inquiries within two (2) business days, but please allow longer.

Additional Terms And Conditions

Technical Requirements

In order to use the 360 Productions Services, we recommend the hardware and software specified below. 360 Productions is not responsible for any failure to operate the 360 Productions Services resulting from you not using the recommended hardware and software.

Computer

Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below

Web Browser Software

Microsoft Internet Explorer: the current version available at microsoft.com/ie and the immediately preceding major version
Mozilla Firefox: the current version available at getfirefox.com and the immediately preceding major version
Apple Safari: the current version available at apple.com/safari and the immediately preceding major version
Google Chrome: the current version available at google.com/chrome and the immediately preceding major version

In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.

Cookies
JavaScript

Personal and Non Commercial Use Only

You may use the 360 Productions Services for your own personal and non-commercial purposes only. Each 360 Productions account is to be used by a single user only, and you may not share or allow or permit anyone else to use your 360 Productions account to access the 360 Productions Services. 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 that are part of the 360 Productions Services except as expressly provided in this TOS.

Illegal and/or unauthorized use of 360 Productions Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a 360 Productions Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a 360 Productions Site. Except as expressly authorized per a written agreement with 360 Productions, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and 360 Productions reserves the right to remove them from user profiles or other areas of a 360 Productions Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of 360 Productions Services.

Delay or Failure to Provide 360 Productions Services

360 Productions is not responsible for any delay or failure to provide content, materials or other 360 Productions Services where such delay or failure is due to causes outside of 360 Productions’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other 360 Productions client or their management to make materials available to 360 Productions in a timely manner. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

Third-Party Sites, Services and Functionality

360 Productions Sites may incorporate, embed and/or contain links to other websites, services and functionality controlled or operated by persons and companies other than 360 Productions (“Incorporated Services”). The Incorporated Services are not under the control of 360 Productions and 360 Productions is not responsible for the contents, operation or failure to operate of any Incorporated Services. 360 Productions is not responsible for web casting or any other form of transmission received from any Incorporated Service, nor is 360 Productions responsible if the Incorporated Service is not working correctly. The inclusion of any Incorporated Service does not imply endorsement by 360 Productions or any association with its operators. You are responsible for viewing and abiding by the privacy policy and terms of service posted by the Incorporated Services. You are solely responsible for any dealings with third parties (including advertisers) who support the 360 Productions Services or are identified on 360 Productions Sites, including the delivery of and payment for goods and services.

Your Feedback and Suggestions Submitted To 360 Productions

360 Productions wants your voluntary feedback and suggestions regarding the 360 Productions Services so that we can continually improve the 360 Productions Services for you and other customers. When you submit feedback and suggestions, please understand that 360 Productions needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to 360 Productions, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting 360 Productions and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to 360 Productions’s use of the materials contained within such feedback or suggestions. 360 Productions is under no obligation to post or use any materials you may provide and may remove such materials at any time at 360 Productions’s sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the 360 Productions Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the privacy policy.

Software Available on the 360 Productions Services

All software (if any) that is made available to view and/or download from the 360 Productions Services (“Software”) is owned by and is the copyrighted work of 360 Productions and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, 360 Productions hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the 360 Productions Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by 360 Productions and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to 360 Productions for which money damages would be inadequate and in such event 360 Productions will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

360 Productions AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE 360 Productions SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. 360 Productions AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL 360 Productions, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE 360 Productions SERVICES, WITH THE DELAY OR INABILITY TO USE THE 360 Productions SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE 360 Productions SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE 360 Productions SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF 360 Productions OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 360 Productions SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 360 Productions SERVICES. In no event will 360 Productions’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the 360 Productions Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

Termination and Restriction of Access

360 Productions reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the 360 Productions Services or any portion thereof at any time, without prior notice. 360 Productions may also terminate or suspend your access to the 360 Productions Services for breach of this TOS or inactivity, which is defined as failing to sign in to the 360 Productions Services for an extended period of time, as determined by 360 Productions. Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the 360 Productions Services, 360 Productions will not terminate your access to the 360 Productions Services prior to the expiration of your subscription period without good cause unless it refunds a pro-rata portion of amount paid for the subscription. Good cause includes, but is not limited to, your breach of this TOS or the discontinuation of the particular 360 Productions Site or other Service for which you purchased a subscription. If your 360 Productions Services subscription is terminated for good cause, or if you cancel your 360 Productions Services subscription prior to the expiration of the subscription period for any reason, 360 Productions will not refund to you any fees paid in advance of such termination or cancellation. Upon termination of your 360 Productions account, your right to use the 360 Productions Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or 360 Productions shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. Any or all of the 360 Productions Services, including but not limited to any subscription 360 Productions Site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any. With respect to shows and events, 360 Productions reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the 360 Productions Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.

Dispute Resolution: BINDING ARBITRATION

Any dispute or controversy between you and 360 Productions (or any assignee or other successor-in-interest of 360 Productions) in any way arising out of, related to, or connected with this TOS, the privacy policy, or the 360 Productions Services, shall be resolved through final and binding arbitration in Sebastapol, California. In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees. The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Sebastapol, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator. The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS. Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, 360 Productions shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies.

You and 360 Productions agree that any dispute between you and 360 Productions shall be limited to the dispute between 360 Productions and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Miscellaneous

This TOS is governed by the laws of the State of California, U.S.A, without regard to its rules pertaining to conflicts of laws. 360 Productions makes no representation that materials on a 360 Productions Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a 360 Productions Site or use 360 Productions Services from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and 360 Productions as a result of this TOS or use of the 360 Productions Services. You may not assign this TOS without the prior written consent of 360 Productions. 360 Productions may assign this TOS, in whole or in part, at any time. 360 Productions’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of 360 Productions’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the 360 Productions Services or information provided to or gathered by 360 Productions with respect to such use. You agree to indemnify and hold 360 Productions, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the 360 Productions Services. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOS shall continue in effect. This TOS (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and 360 Productions with respect to the 360 Productions Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and 360 Productions with respect to the 360 Productions Services. A printed version of this TOS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally

Intellectual Property Notices

“360 Productions” and “Mickey Hart” and “Mondo Head Clothing” are trademarks and service marks of 360 Productions. The company, product, and brand names of companies, products and services mentioned herein or on a 360 Productions Site or 360 Productions Service may be the trademarks and service marks of their respective owners.

360 Productions. has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the 360 Productions Services or on a 360 Productions Site. Except as expressly provided in this TOS, the provision of the 360 Productions Services and the display of 360 Productions Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.