(Last Updated June 19, 2008)
This Terms of Use agreement (this "Agreement") is a binding agreement between you ("the User") and 360desktop Pty Ltd ("Us", "We" or "360desktop"). By continuing to access to and use the 360desktop Applications, as defined below, you signify that you agree to be bound by this Agreement, the 360desktop Copyright Policy found at http://www.360desktop.com/copyright, and the 360desktop Privacy Policy, found at http://www.360desktop.com/privacy. If you do not agree to the terms of this Agreement, please stop using the 360desktop Platform immediately and remove any 360desktop Software, as defined below, or any other content received from or though Us from your computer.
We may, in our sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the 360desktop Website, the 360desktop Software the 360desktop Applications and the User and 360 Content, including users who are also contributors of content, information, and other materials or services on the Website.
1. Description of Service
360desktop is the owner, operator and provider of software, websites, and services defined below, (collectively the "360desktop Platform", or the 'Platform").
The Platform comprises the 360desktop Website, 360 Content, User Content, 360desktop Software, and 360desktop Applications, as defined below. 360desktop's websites (the "360desktop Website", or the "Website") are located at www.360desktop.com and elsewhere on the internet where this Agreement appears,. The 360desktop Website allows you to create 360-degree wallpaper with embedded web content, comprising web pages, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, ("User Content ", or "360 Content") then share this content via your album on the 360desktop Website and through Widgets.
We provide the software (the "360desktop Software", or the "Software") which You download to your computer that expands the desktop space and allows You to view the 360 Content.
We also provide the applications (the "360desktop Applications", or the "Applications") which are available to You, including widgets, and Applications created by Us and available through social networking sites. The availability of any Applications on a social networking site does not indicate any relationship or affiliation between Us and such social networking site.
The 360desktop Platform may contain links to third party websites that are not owned or controlled by 360desktop. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party site. By using the 360desktop Platform, you expressly relieve 360desktop from any and all liability arising from your use of any third-party website.
We encourage you to be aware when you leave the 360desktop Platform and to read the terms and conditions and privacy policy of each other website that you visit.
2. Eligibility
To be eligible, you must have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Membership of the 360desktop Platform is void where prohibited.
Use of the Platform is intended solely for users who are thirteen (13) years of age or older, and if You are less than 18 years old, You have the permission of Your parents or legal guardian to use the Platform. If You are not at least 13 years old, please discontinue using the 360desktop Platform, remove and install any software immediately and abide by all of the terms and conditions of this Agreement.
3. Registration, Email and Password
You do not need to register nor provide any personal data to access and use the Software, to download content from the 360desktop Website and to view Widgets containing 360desktop content on social networks. However, if you wish to access more advanced Platform features, including creating and sharing your own 360 Content, you will need to open an account by providing a valid email address and a password of your choice. Your email address must remain valid as long as your 360desktop account remains active and it is your responsibility to update it should it no longer be accurate or current. More generally, all personal information communicated to 360desktop must always be promptly updated as soon as it stops being complete, accurate, or current.
Your password is confidential and you shall not communicate it to any third-party individual or website. You should immediately contact 360desktop should you have reason to believe that your password is being used by an unauthorized third party. Although 360desktop will not be liable for your losses caused by any unauthorized use of your account, you may be liable for 360desktop's losses or others due to such unauthorized use. We may cancel your account without notice in the case of any violation of the Terms of Service.
4. License Grant
Subject to the terms of this Agreement, 360desktop hereby grants You a limited, non-sublicensable, non-transferable, non-exclusive license to use the Software and the Applications that You have downloaded or are about to download,. You may (and in fact are encouraged to) download, install and/or use the Software on a single computer that is operated and maintained by You and download, install/or use the Applications on a website that is operated and maintained by You, or by someone else who has agreed to be bound by this Agreement. As between the parties, title, ownership rights, and intellectual property rights in and to the Software and Applications, and any copies or portions thereof, shall remain in 360desktop and its suppliers or licensors. You understand that 360desktop may modify or discontinue offering the Software and Applications at any time.
This Agreement does not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Software and Applications (collectively, "Updates"). 360desktop, however, may occasionally provide You with automatic Updates to the Software and Applications at its sole discretion (and without any advanced notification to You). Any such Updates for the Software shall become part of the Software and subject to this Agreement.
5. General Use of the Platform - Permissions and Restrictions
360desktop hereby grants you permission to access and use the platform as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the 360desktop Website, including but not limited to User Content (defined below), without 360desktop's prior written authorization.
B. You agree not to copy or distribute the Software (except for a version that has this license attached where the user agrees to the terms of this Agreement), provided, however, that You may (and are encouraged to) include any number of Applications on your website and on your social networking pages.
C. You agree not to alter or modify any part of the Software, the Applications and the 360desktop Website, or any of its related technologies.
D. You agree not to access User Content (defined below) or 360 Content through any technology or means other than the preview pages of the 360desktop Website itself, the Software, the Applications, or other explicitly authorized means 360desktop may designate.
E. You agree not to use the Platform, including the Software and Applications for any prohibited commercial use, without the prior written authorization of 360desktop. Prohibited commercial uses include any of the following actions taken without 360desktop's express approval:
- sale of access to the Platform or its related services (such as the Software) on another website;
- the sale of advertising, on the 360desktop Platform or any third-party website, targeted to the content of specific User Content or 360desktop content;
- and any use of the Platform or its related services that 360desktop finds, in its sole discretion, to use 360desktop's resources or User Content with the effect of competing with or displacing the market for the 360desktop Platform, 360desktop Content, or its User Content.
- the sale of advertising, or delivery of third party advertising on the 360desktop Platform.
F. Prohibited commercial uses do not include:
- creating and sharing 360 Content or maintaining a branded album on the 360desktop Website to promote your business or creative enterprise;
- using the Applications to show 360 Content on an ad-enabled blog or website, provided the primary purpose of using the Applications is not to gain advertising revenue or compete with 360desktop;
- any use that 360desktop360desktop expressly authorizes in writing.
G. If you use the Applications you may not modify, build upon, or block any portion of the Applications in any way.
H. If you use the 360desktop auto-updater, you agree that it may automatically download and install updates from time to time from 360desktop. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit 360desktop to deliver these to you) as part of your use of the updater.
I. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the 360desktop Website in a manner that sends more request messages to the 360desktop servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding, 360desktop grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. 360desktop reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Content.
J. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
K. 360desktop reserves the right to discontinue any aspect of the 360desktop Platform at any time.
6. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the 360desktop Website.
A. The content on the 360desktop Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to 360desktop, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may be accessed as intended through the normal functionality of the 360desktop Platform.
You also agree not to add to, subtract from or otherwise modify, translate, disassemble, decompile, reverse engineer, or create derivative works of the Content without the stated consent of the respective owners. You may not rent, lease, sell, redistribute, sublicense or otherwise transfer the Content. You may make only such copies of the Content as are reasonably necessary for the intended use of the Software.
360desktop reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Content solely:
- for your information and personal use;
- as intended through the normal functionality of the 360desktop Platform, defined as the viewing of the 360 Content with the Software, the Applications and the 360desktop Website.
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the 360desktop Platform. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Service or otherwise as prohibited under this Agreement.
D. You may access 360 Content, User Content and other content only as permitted under this Agreement. 360desktop reserves all rights not expressly granted in and to the 360 Content and the 360desktop Platform.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the 360desktop Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the 360desktop Website or the Content therein.
G. You understand that when using the 360desktop Website, you will be exposed to User Content from a variety of sources, and that 360desktop is not responsible for the accuracy, usefulness, safety, 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 is 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 360desktop with respect thereto, and agree to indemnify and hold 360desktop, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
7. User Content
The Website enables you to create, host and publish content for viewing by the Software and make it available to 360desktop and to other users.
Such content may include, without limitation, photos, video, film, music, text, communications, software, graphics, images, audio, and information. All such content made available by you or by other users of the Site is referred to in this Agreement as ("User Content"). You expressly acknowledge and agree that any User Content that you make available through the Website and Applications, may be made freely available by 360desktop to others, including without limitation for download by others.
You shall be solely responsible for your own User Content and the consequences of creating or publishing them. You represent and warrant that:
i) you own or have the necessary rights and permissions to use and authorize 360desktop to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.
You retain all of your ownership rights in your User Content. However, by submitting the User Content to 360desktop, you hereby grant 360desktop, in addition to any other rights which it has pursuant to any other program established by 360desktop, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (where agreed under the Creative Commons license), display, and perform the User Content in connection with the Website and 360desktop's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof). With regard to User Content you submit under this agreement, you may delete and remove your User Content from the Website at any time. Should the deleted User Content continue to exist on the Website, you may request that 360desktop remove the User Content from the Website, and 360desktop will do so within a reasonable time period, at which point the foregoing license to 360desktop will terminate.
You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, all for non-commercial and personal use.
You agree that you will not: i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant 360desktop all of the license rights granted herein; ii) publish falsehoods or misrepresentations that could damage 360desktop or any third party; iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or iv) misidentify yourself in submitting the User Content or misstate your true identity. 360desktop does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and 360desktop expressly disclaims any and all liability in connection with User Content.
Some of the User Content is governed by Creative Commons licenses. The selection of the right license lies with the user. You acknowledge that before choosing a Creative Commons license you understand its meaning and implications. Failure to do so cannot lead to any kind of liability for 360desktop. 360desktop is not a party to the license and makes no warranty in connection to the correct use of the license. At any given time the availability, meaning, content or legal effects of the Creative Commons licenses is governed by the licenses themselves and/or the Creative Commons Corporation and 360desktop makes no relevant warranty. You agree that you use Creative Commons licenses on your own risk. 360desktop is in no way affiliated with the Creative Commons Corporation.
You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that 360desktop is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. 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 may have against 360desktop with respect thereto, and agree to indemnify and hold 360desktop, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
8. Prohibited User Content
You are solely responsible and liable for any User Content that you upload, post, input, publish or otherwise distribute using the Platform. As a condition of your use of the Platform, you agree not to use the Platform for any unlawful or prohibited purpose. User Content prohibited from the Platform includes, without limitation, User Content that 360desktop determines in its sole and absolute discretion that:
(a) constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person's copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
(b) misrepresents the source or identity of any material;
(c) is unlawful, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, create civil liability, or is otherwise offensive to users of the Site or inappropriate;
(d) violates the rights of privacy or publicity of any person;
(e) is false or deceptive;
(f) displays pornographic or sexually explicit material of any kind;
(g) includes material that exploits people under the age of 18 in a sexual or violent manner;
(h) is unlawful under the laws of the United States or any individual state or locality, the laws of any foreign jurisdiction, or any international treaty or convention; or
( i) interferes with the proper functioning of the Applications, Website or Software, or violates any other Term of this Agreement. You should not post any User Content if you are in doubt about its legality or its prohibition by the Terms. You acknowledge that 360desktop is a service provider that may allow users to interact online regarding topics and content chosen by the users. 360desktop does not endorse any User Content or any opinion, recommendation or advice that may be expressed. 360desktop generally does not regulate and shall have no obligation to monitor any User Content. Nonetheless, 360desktop and its agents shall have and reserve the right to monitor any User Content from time to time for any lawful purpose. 360desktop may, without notice to you, remove or block any User Content, including disabling access to such User Content. 360desktop also may terminate your access to the Site and refer the User Content to law enforcement if 360desktop believes it is in violation of any state, federal or local law.
9. Prohibited User Conduct
Subject to the permitted use of the Platform granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Service, or remove any proprietary notices or labels from the Service. Failure to comply with the restrictions and limitations contained in this Section 9 will result in the immediate, automatic termination of your access to the Site and may subject you to civil and/or criminal liability. You further agree that you will not, under any circumstances:
(a) frame or otherwise display any portion of the Site or its contents that is not your User Content without prior authorization;
(b) sell, grant a security interest in, or transfer reproductions of all or any portion of the Platform to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Platform to others;
(c) exploit the Platform or any of its parts for any commercial purpose whatsoever without the express prior written authorization of 360desktop;
(d) host, provide or develop services for or using the Platform, or intercept, emulate or redirect the communication protocols used by 360desktop in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Platform, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
(e) facilitate, create or maintain any unauthorized connection to the Platform, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Platform. All connections to the Platform, or any portion thereof, may only be made through methods and means expressly approved by 360desktop. Under no circumstances may you connect, or create tools that allow you or others to connect to the Platform, or any portion thereof, other than those expressly provided by 360desktop; or
(f) use the Platform in a manner prohibited by any applicable law or government regulation, or by the Terms.
10. Account Termination Policy
360desktop offers the 360desktop Platform on a free subscription basis. 360desktop may terminate or suspend any and all Platform and your 360desktop account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use.
360desktop also reserves the right to terminate your account for any or no reason upon one day notice to you.
360desktop reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material. 360desktop may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Upon termination of your account, your right to use the Services will immediately cease. 360desktop's proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination.
11. Copyright Infringement
360desktop respects the intellectual property rights of others, and requests you to do the same. We do not permit copyright infringing activities and infringement of intellectual property rights on its Website, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
Full details of the 360desktop Copyright Policy can be found at http://www.360desktop.com/copyright,
12. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE 360DESKTOP PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 360DESKTOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. 360DESKTOP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR VIA THE 360DESKTOP WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. 360DESKTOP DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND 360DESKTOP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitation of Liability
IN NO EVENT SHALL 360DESKTOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 360DESKTOP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT 360DESKTOP SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT 360DESKTOP SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by 360desktop from its facilities in the United States of America. 360desktop makes no representations that the 360desktop Website is appropriate or available for use in other locations. Those who access or use the 360desktop Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Indemnity
You will indemnify and hold harmless 360desktop, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damages, expenses, and costs (including reasonable attorneys' fees) arising from i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Platform, or violation of the Terms of Service, or ii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 360desktop will provide you with written notice of such claims or demands. You remain solely responsible for all content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the 360desktop Platform. This defence and indemnification obligation will survive these Terms of Service and your use of the 360desktop Platform.
15. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the 360desktop Platform is not intended for children under 13. If you are under 13 years of age, then please do not use the 360desktop Platform.
16. Assignment
You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of 360desktop. Any attempted assignment in violation of this Section will be null and void and of no force or effect. 360desktop may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.
17. General
You agree that: i) the 360desktop Website shall be deemed solely based in Victoria, Australia; and ii) the 360desktop Website shall be deemed a passive website that does not give rise to personal jurisdiction over 360desktop, either specific or general, in jurisdictions other than Victoria, Australia. These Terms of Service shall be governed by the internal substantive laws of the State of Victoria, without respect to its conflict of laws principles. Any claim or dispute between you and 360desktop that arises in whole or in part from the 360desktop Website shall be decided exclusively by a court of competent jurisdiction located in Victoria, Australia. These Terms of Service, together with the Privacy Notice at http://www.360desktop.com/privacy, the Copyright Policy at http://www.360desktop.com/copyright and any other legal notices published by 360desktop on the Website, shall constitute the entire agreement between you and 360desktop concerning the 360desktop Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and 360desktop's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 360desktop reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Platform following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND 360DESKTOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE 360DESKTOP WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.