Xperience362, LLC

Terms & Conditions

TERMS OF USE

 This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.  

 STATEMENT OF RIGHTS AND RESPONSIBILITIES

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Xperience362 Principles, and is our terms of service that governs our relationship with users and others who interact with Xperience362, as well as Xperience362 brands, products and services, which we call the “Xperience362 Services” or “Services”. By using or accessing the Xperience362 Services, you agree to this Statement, as updated from time to time. 

 Because Xperience362 provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

 Privacy

Your privacy is very important to us. We designed our DATA AND SECURITY POLICY to make important disclosures about how you can use Xperience362 to share with others and how we collect and can use your content and information. We encourage you to read the DATA AND SECURITY POLICY, and to use it to help you make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on Xperience362, and you can control how it is shared through your personal settings.  You also give full ownership of your content to Xperience362, LLC as well as each community you join (respective to the community you share content).

 In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us (and your community) the following permission, subject to your privacy and application settings: you grant us and any associated communities non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Xperience362 (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others (and your community), and they have not deleted it.

 When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).  Content shared within one of your communities may remain in their archive at their discretion and bound by their terms of use. 

When you publish content or information, it means that you are allowing everyone, potentially including people off of Xperience362, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about Xperience362, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). 

Safety

We do our best to keep Xperience362 safe, but we cannot guarantee it. We need your help to keep Xperience362 safe, which includes the following commitments by you:

  •  You will not post unauthorized commercial communications (such as spam) on Xperience362.
  • You will not collect users' content or information, or otherwise access Xperience362, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not use Xperience362 to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of Xperience362, such as a denial of service attack or interference with page rendering or other Xperience362 functionality.
  • You will not facilitate or encourage any violations of this Statement or our policies.

Both Xperience362, LLC and each respective community where you share specific content, your content is subject to review and removal.  

Registration and Account Security

Xperience362 users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Xperience362, or create an account for anyone other than yourself without permission.  Private accounts are an option.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our permission.
  • You will not use your profile primarily for your own commercial gain, or a Xperience362 page for such purposes.
  • You will not use Xperience362 if you are under 13.
  • You will not use Xperience362 if you are a convicted sex offender.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
  • If you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  • Users are given an option to create an alias as a profile name if the nature of your job/work has a heightened security risk and you still desire to participate in a certain community.  

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on Xperience362 that infringes or violates someone else's rights or otherwise violates the law.
  • We can, or your community can, remove any content or information you post on Xperience362 if we believe that it violates this Statement or our policies.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not Xperience362) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone's identification documents or sensitive financial information on Xperience362.
  • You will not send email invitations to non-users without their consent. Xperience362 offers social reporting tools to enable users to provide feedback about tagging.

Payments

If you make a payment on Xperience362, you agree to our Payment Terms unless it is stated that other terms apply.

Special Provisions Applicable to Pages

If you create or administer a Community, Neighborhood, Group or any page on Xperience362, or run a promotion or an offer from your Page, you agree to our Community, Neighborhood, and Group Page Terms.

Amendments

Xperience362, LLC reserves the right to make changes to these terms (or other terms referenced in or incorporated by this Statement) at any time.  Users agreeing to these terms also agree to subsequent changes and updates to these terms.

Your continued use of the Xperience362 Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.  Terms are always accessible on this page and accessible here for your review.  You are responsible for checking back for updates.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Xperience362 to you. We will either notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, the provisions of this agreement will still apply.

Disputes

APPLICABLE LAW

This Agreement shall be  interpreted  and  construed  under  the  laws  of  the Commonwealth of  Kentucky,  notwithstanding  its  choice  of  laws  provisions. Exclusive venue of any judicial proceeding arising from or interpreting this Agreement shall be in a state or federal court located in Jefferson County, Kentucky (any objection to lack of personal jurisdiction in that venue is waived).  

DISPUTE RESOLUTION

Save and except that for  injunctive  relief: Any controversy or dispute arising out of, or  relating  to,  this Agreement, or any modification or extension thereof, shall be submitted to non-binding mediation before a mediator in Jefferson County, Kentucky, agreed upon by X362 and member.  If no mediator can be agreed upon, each party will select a mediator and the two mediators will select a third mediator to mediate the matter.  The mediator’s fee shall be borne equally by X362 and member.  Submission to non-binding mediation shall be a prerequisite to the  institution of any  legal proceeding  regarding  the controversy or dispute.   No lawsuit may be  filed unless and until the mediator declares, in writing, that the parties participated in mediation in good faith to resolve their differences, however, mediation was unsuccessful.

If anyone brings a claim against us related to your actions, content or information on Xperience362, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Xperience362 and are not responsible for the content or information users transmit or share on Xperience362. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Xperience362. We are not responsible for the conduct, whether online or offline, of any user of Xperience362.

WE TRY TO KEEP XPERIENCE362 UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING XPERIENCE362 AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT XPERIENCE362 WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT XPERIENCE362 WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. XPERIENCE362 IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR XPERIENCE362, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR XPERIENCE362 WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, XPERIENCE362'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Xperience362 outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Xperience362 (such as payments) or operate a Platform application or website. You will not use Xperience362 if you are prohibited from receiving products, services, or software originating from the United States.

Definitions

By "Xperience362" or” Xperience362 Services” we mean the features and services we make available, including through (a) our website at www.X362.com and any other Xperience362 branded or co-branded websites (such as ServiceReef.com) and (including sub-domains); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Xperience362 reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Xperience362 or provide data to us.

By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Xperience362.

By "content" we mean anything you or other users post, provide or share using Xperience362 Services.

By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Xperience362 or provide to Xperience362 through Platform.

By "post" we mean post on Xperience362 or otherwise make available by using Xperience362.

By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

By “Trademarks” we mean the list of Xpereince362, LLC trademarks. 

Other

If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Xperience362, LLC.  References to “us,” “we,” and “our” mean either Xperience362, LLC, as appropriate.

This Statement makes up the entire agreement between the parties regarding Xperience362, and supersedes any prior agreements. 

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing Xperience362.

By using or accessing Xperience362 Services, you agree that we can collect and use such content and information in accordance with the Privacy and Data Policy as amended from time to time. 

 COOKIES, PIXELS & SIMILAR TECHNOLOGIES

Technologies like cookies, pixel tags ("pixels"), device or other identifiers and local storage (collectively, “Cookies and similar technologies”) are used to deliver, secure, and understand products, services, and ads, on and off the Xperience362 Services.

We offer a range of products and features that involve the use of these technologies to reach you based on your activity on and off our Services. As described in more detail below, we also use these technologies in other ways, like for security purposes, to deliver and enable products and services, as well as to understand and measure products, and services. Third parties that you interact with as you use the Xperience362 Services may also use these technologies for a variety of purposes.

Check back here from time to time to get the latest information about these technologies and how they are used.

Your browser or device may offer settings related to these technologies. For more information about whether these settings are available, what they do, and how they work, visit your browser or device's help material. We may not recognize or respond to browser or device signals around tracking, and some settings may interfere with your use of features we offer. Additionally, the settings offered by a browser or device often only apply to that particular browser or device.

WHAT ARE SOME OF THESE TECHNOLOGIES?

Cookies are small files that are placed on your browser or device by the website you’re using. Pixel tags (also called clear GIFs, web beacons, or pixels) are small blocks of code on a webpage or app that allow them to do things like read and place cookies and transmit information to us or our partners. The resulting connection can include information such as a device’s IP address, the time a person viewed the pixel, an identifier associated with the browser or device and the type of browser being used. Local storage is an industry-standard technology that allows a website or app to store and retrieve data on a person’s computer, mobile phone or other device. Some examples include device or HTML5 local storage and caching.

WHY DO WE USE COOKIES AND SIMILAR TECHNOLOGIES?

We use these technologies for a variety of reasons, such as allowing us to show you content that’s most relevant to you; improving our products and services; and helping to keep our Services secure. While specific names of the Cookies and similar technologies that we use may change from time to time as we improve and update our Services, they generally fall into the below categories of use:

Authentication

These technologies tell us when you’re logged in, so we can show you the appropriate experience and features.

For example, Cookies and similar technologies tell us when you are logged in to Xperience362 so we can show you relevant and social information when you visit other websites that use our social plugins. We also use this information to understand how you use our Platform and other apps and services.

Security and Site Integrity

These help keep Xperience362 Services safe and secure. They support or enable security features and help us detect activity that violates our Statement of Rights and Responsibilities.

For example, they help protect your account from being accessed by anyone other than you. Cookies and similar technologies also let us know when several people have logged in from the same computer. With login approvals if someone logs into your account from a browser you’ve never used before, we may block them and ask for more information. They also help us implement login notifications, so you can be alerted when your account is accessed and disable any active sessions.

Besides helping to keep unauthorized people from logging into your account, we also use Cookies and similar technologies to help make sure the people or machines that access our Services don’t violate our policies. For example, certain information on Xperience362 is public and therefore can be accessed by anyone on the internet. These Cookies and similar technologies help us understand the volume and frequency of requests so we can detect and stop people or machines from “scraping” information from our site.

We use tools like cookies to help keep Xperience362 Services safe, secure and easy to use. Cookies support or enable security features. For example, with login approvals if someone logs into your account from a browser you’ve never used before, we may block them and ask for more information. They also help us implement login notifications, so you can be alerted when your account is accessed under suspicious circumstances and disable any active Xperience362 sessions.

We also use these tools to make Xperience362 easier to use, like when you mistype one character of your username or password. If you’ve already logged into Xperience362 from the same browser, we’ll give you easier options to correct your typo since we know you’ve successfully logged into Xperience362 before. 

Localization 

These help us provide localized experiences.

Site Features and Services

These provide functionality that help us deliver products and services.

For example, Cookies or similar technologies help you log in by pre-filling the username field.  We may also use Cookies and similar technologies to help us store preferences, know when you’ve seen or interacted with Xperience362 Services’ content, and provide you and others with social plugins and other customized content and experiences, such as making suggestions to you and others.

Performance

We use these to provide you with the best experience possible.

For example, we may use Cookies or similar technologies to help us route traffic between servers and understand how quickly Xperience362 Services load for different people. Sometimes we may store information on your browser or device so features you are using load and respond faster.

Analytics and Research

These are used to understand, improve, and research products and services, including when you access Xperience362 Services or other websites and apps from a computer or mobile device.

For example, we may use Cookies or similar technologies (including information from your device) to understand how you are using social plugins to improve them. We may share information about this analysis with our partners.

How do we use cookies, local storage or similar technologies when you use a mobile device?

Many mobile devices act just like computers, such as smart phones that support full-featured browsers. For those devices, we and our partners use Cookies and similar technologies in ways that are similar to when you are accessing the web from a computer. Other devices use different technologies such as local storage on a device, Advanced Programming Interfaces (APIs) to facilitate the same types of processes we use Cookies for, as described above.

We may obtain or receive information about your use of your device, our apps, or other apps. As on the web, we also may use these technologies to store an identifier or other information on your device. We describe how we use these technologies and the information we received through their use above. For example, if we learn that you’re already using an app, when you click on a link in News Feed from that app, we can send you directly to that app. If you don’t have the app, we would instead send you to an app store so you could download the app.

When might we use cookies, device identifiers, local storage or similar technologies?

We may place or use these technologies when you interact with our Services, our related companies, or with a partner (whether or not you are logged in to the particular Service) using a browser or device that permits the placement or use of the relevant technology. For example, when you visit our site, we may place or read cookies or receive information from your devices. We may also place cookies through a pixel on a partner’s site. 

When might we read the cookies on your computer or device?

Web browsers send any cookies for a particular web domain (ex: Xperience362.com OR ServiceReef.com) to the website each time a machine with those cookies accesses content served from that domain. This means that any Xperience362.com cookies will be sent to Xperience362 when any page is accessed at Xperience362.com by that machine. It also means that these cookies are sent to Xperience362 when someone accesses a third-party website or application that integrates or uses our Services, like one of our plugins.

Sometimes we work with websites, apps and their partners so that we can place or read Xperience362 cookies on your browsers or devices when you visit third-party services. This allows us to do things like read and reference cookies from more than one device or browser that you use, on and off of our Services, so we can provide you Xperience362 Services across all of your devices and improve and understand the products, ads and services we offer to you and others across the Internet. 

How do third parties use cookies, pixel tags ("pixels") and other similar technologies on our Services?

We sometimes use service providers to help us provide certain products and services. When you view, click or otherwise interact with an ad or app on or off Xperience362, our partners also use cookies, pixels or similar technologies (like local storage or information from your device), to help provide you with relevant services and ads. For example, a platform partner may use cookies, software developer kits (SDKs) or similar technologies to customize your experience while you’re using their app. Or, a partner may use a cookie to decide whether they want us to show you one of their ads or to measure the performance of the ads you see. Our partners also may use these technologies to help share information with our Services, like how you use their website or app.

We or others may integrate third party features like maps or videos to provide you with better services. The providers of those integrations may collect information when you view or use them, including information about you and your device or browser. They may do this using Cookies or similar technologies. To learn more about the information they collect or receive, review their privacy policies. 

COMMUNITY STANDARDS

To balance the needs and interests of a global population, Xperience362 protects expression that meets the community standards outlined on this page. 

Please review these standards. They will help you understand what type of expression is acceptable, and what type of content may be reported and removed. 

Violence and Threats

Safety is Xperience362's top priority. We remove content and may escalate to law enforcement when we perceive a genuine risk of physical harm, or a direct threat to public safety. You may not credibly threaten others, or organize acts of real-world violence. Organizations with a record of terrorist or violent criminal activity are not allowed to maintain a presence on our site. We also prohibit promoting, planning or celebrating any of your actions if they have, or could, result in financial harm to others, including theft and vandalism.

Self-Harm

Xperience362 takes threats of self-harm very seriously. We remove any promotion or encouragement of self-mutilation, eating disorders or hard drug abuse. 

Bullying and Harassment

Xperience362 does not tolerate bullying or harassment. We allow users to speak freely on matters and people of public interest, but take action on all reports of abusive behavior directed at private individuals. Repeatedly targeting other users with unwanted messages is a form of harassment.

Hate Speech

Xperience362 does not permit hate speech, but distinguishes between serious and humorous speech. While we encourage you to challenge ideas, institutions, events, and practices, we do not permit individuals or groups to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.

Graphic Content

Sometimes, those experiences and issues involve graphic content that is of public interest or concern, such as human rights abuses or acts of terrorism. In many instances, when people share this type of content, it is to condemn it. However, graphic images shared for sadistic effect or to celebrate or glorify violence have no place on our site. 

When people share any content, we expect that they will share in a responsible manner. That includes choosing carefully the audience for the content. For graphic videos, people should warn their audience about the nature of the content in the video so that their audience can make an informed choice about whether to watch it. 

Nudity

Xperience362 has a strict policy against the sharing of pornographic content and any explicitly sexual content where a minor is involved. We also impose restrictions on all displays of nudity. 

Identity and Privacy

On Xperience362 people connect using their real names and identities. We ask that you refrain from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates Xperience362's terms.

Intellectual Property

Before sharing content on Xperience362, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights.

Regulated Goods

It is not permitted to complete transactions involving regulated goods on our platform. If you post an offer involving firearms, alcohol, tobacco, or adult products, we expect you to make sure you’re following all applicable laws and consider carefully the audience for that content. If you are using a Page to connect with your customers and other audiences, you need to abide by our Pages Terms.  Do we need this? 

Phishing and Spam

We take the safety of our members seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our members by not contacting them for commercial purposes without their consent. 

Security

We take the safety of our members seriously and work to prevent attempts to compromise their privacy or security, including those that use fraud or deception. Additionally, we ask that you respect our members by not contacting them for commercial purposes without their consent.

Reporting Abuse

If you see something on Xperience362 that you believe violates our terms, you should report it first to the community you are a member and then to us. Please keep in mind that reporting a piece of content does not guarantee that it will be removed from the site. 

Because of the diversity of our community, it's possible that something could be disagreeable or disturbing to you without meeting the criteria for being removed or blocked.  

PAYMENT TERMS

If you are under the age of eighteen (18), you may use Xperience362 Payments only with the involvement of your parent or guardian. Make sure you review these Terms with your parent or guardian so that you both understand all of your rights and responsibilities.

We have provided some section headers for your convenience, but you should carefully read through these Payments Terms (the "Terms") in order to understand your rights and responsibilities, as well as ours.

When you use the Xperience362 Payments service to pay for things on Xperience362, you agree that we may communicate with you electronically any important information regarding your purchases or your account.

Protecting the privacy of your financial information is important to us. Please review our Privacy Policy, to learn more about what information we share, what we do not share, and how we keep your information safe.

1. MAKING PURCHASES 

Pricing

Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding.

Extra terms

You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.

 Subscriptions

If you purchase a subscription (or membership) to a community or to a feature within a community, we will bill your funding instrument immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through Xperience362 Payments:

  • If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.  Member will be billed on the anniversary date of their free trial membership retirement date.  Member can cancel membership at any point.  Membership invoices will be sent upon payment for memberships.  
  • You can cancel subscriptions at any time (applying to all terms and conditions set by each community).
  • If you cancel a subscription you will still have access to the community or feature you subscribed to through the end of the subscription period. If a community or feature you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period.

Actual sale

You may only use Xperience362 Payments to process a funding transaction for a legitimate, bona fide purchase of a product or service. You may not use Xperience362 Payments to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase.

 No Warranties

You acknowledge that the products or services you may purchase are sold by merchants, not by Xperience362. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH XPERIENCE362.

2. PAYMENT METHODS

 Funding instruments

We want to make Xperience362 Payments convenient, so we allow you to fund your transactions using a number of different sources, like credit cards or debit cards.

 Authority

When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize our designated payment processor to charge the full amount to the funding instrument you designate for the transaction. You also authorize our designated payment processor to collect and store that funding instrument, along with other related transaction information. 

 Authorization

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time of transaction or approval or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

 3. ACTIONS WE MAY TAKE

 At-will use

We may revoke your eligibility to use Xperience362 Payments at any time at our sole discretion.

 Inquiries

By using Xperience362 Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

 Our right to cancel

We may cancel any transaction if we believe the transaction violates these Terms or the Statement of Rights and Responsibilities, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.

 Payment limitations

In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.

 Sharing of information

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

 4. DISPUTES AND REVERASALS

 Customer assistance

Subject to PAYMENT TERMS, we provide various tools in our Xperience362 Payments Support Center to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.

 No liability for spend transaction

If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your funded amount.

 Duty to notify us

If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction to support@x362.com.

 Technical difficulties

If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.

 5. NOTICES AND AMENDEMENTS TO THESE TERMS

 Notice to you

By using the Xperience362 Payments service, you agree that we may communicate with you electronically any important information regarding your purchases or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.

 Notice to us

Except as otherwise stated, you must send notices to us relating to Xperience362 Payments and these Terms by postal mail to: Xperience362, Attn: X362 Legal Department.

Amendment guidelines

We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.

6. ADDITIONAL TERMS

 Conflict of terms

All of the commitments you make in the Xperience362 Statement of Rights and Responsibilities apply to your use of Xperience362 Payments. In the event of any conflict between these Terms and the Xperience362 Statement of Rights and Responsibilities, the Community Payments Terms shall prevail.

 Conflict of laws

Some countries may restrict or prohibit your ability to make payments through Xperience362. Nothing in these Terms should be read to override or circumvent any such foreign laws.

 COMMUNITY, NEIGHBORHOOD, GROUP, AND CONTET PAGE TERMS

 Xperience362 Community Terms

The following terms, as well as our Data Policy and Statement of Rights and Responsibilities, apply to all Neighborhood, Group, and Content pages on Xperience362. Additionally, all content on X362 must comply with our Community Standards. You are responsible for ensuring that your Page complies with all applicable laws, statutes, and regulations.

 Community, as a general term, will refer to Neighborhoods, Groups, Events, Content, and any other page within a Community site.  

 1. GENERAL

 Content posted to X362 is public and viewable by everyone who is a member of that Community.

 You are required to restrict access a Community (through our gating functionality) as necessary to comply with applicable laws and Xperience362 policies, including our Community Standards.

 You may not establish terms for your Community that conflict with our Statement of Rights and Responsibilities, Data Policy or these terms.

 Neighborhoods and Groups are within each Xperience362 Community.  

 2. COMMUNITY MANAGEMENT

 Community, Neighborhood, and Group Names and Xperience362 Web Addresses

Community, Neighborhood, and Group names and Xperience362 Web Addresses must accurately reflect Community content. We may remove administrative rights or require you to change the name and Xperience362 Web Address for any page that fails to meet this requirement.

 Community names must:

  • not consist solely of generic terms (e.g., “water” or “health”);
  • use proper, grammatically correct capitalization and may not include all capitals, except for acronyms;
  • not include character symbols, such as excessive punctuation and trademark designations;
  • not include superfluous descriptions or unnecessary qualifiers;
  • not mislead others into thinking it is an official page of the Community’s subject matter or is authorized by an authorized representative of the Community’s subject matter; and
  • not violate someone’s rights.

Name Changes and Migrations

We will only process name changes and migrations that do not result in a misleading or unintended connection. For example, we will allow local to global migrations, such as “Xperience362 France” to “Xperience362”, but will not allow global to local migrations, or location to location migrations, such as “Xperience362 France” to “Xperience362 Russia”. 

 

Collection of Data

If you collect content and information directly from users, you will make it clear that you (and not Xperience362) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information.

 You will not collect users' content or information, or otherwise access Xperience362, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

Any data you obtain from us must comply with our Xperience362 Platform Policies.

 DNA Classifications 

You must not inaccurately DNA Classify content or encourage users to inaccurately tag content.

 3. PAGE FEATURES

 Cover

All covers are public. This means that anyone who visits your Community will be able to see your cover. Covers can't be deceptive, misleading, or infringe on anyone else's copyright. You may not encourage people to upload your cover to their personal timelines.

 Promotions

If you use Xperience362 to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:

  • The official rules;
  • Offer terms and eligibility requirements (ex: age and residency restrictions); and
  • Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)

Promotions on Xperience362 must include the following:

  • A complete release of Xperience362 by each entrant or participant.
  • Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Xperience362.

Promotions may be administered in a Community or within apps on Xperience362. 

We will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.

4. CONTENT

Community page promoting the private sale of regulated goods or services (including firearms, alcohol, tobacco, or adult products) must restrict access to a minimum age of 18.

Community pages must not promote the sale of prescription pharmaceuticals. Pages for online pharmacies may be permitted with prior approval from Xperience362.

Community pages must not contain false, misleading, fraudulent, or deceptive claims or content.

Copyright

This site and all material contained in this site is protected by copyright unless otherwise indicated. This includes text, graphics, logos, buttons, icons and images. Such material may not be used except as provided in these terms and conditions without the express written permission of Xperience362. We grant you permission to download material displayed on this site for your personal, non-commercial use only, provided that you retain all copyright and other ownership notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the site for public or commercial purposes. This includes the use of any text, images, audio and video without express written permission of Xperience362. The images of people or places displayed on this site are either owned by Xperience362 or are used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.

Trademark

The Xperience362 logo is a registered trademark of Xperience362, in the United States of America and in other countries. The trademarks and other Xperience362 graphics, logos, and service names are also trademarks of Xperience362. Xperience362’s trademarks may not be used in connection with any product or service that is not under Xperience362’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Xperience362. All other trademarks not owned by Xperience362 or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xperience362 or its affiliates.

Using Social Login/Logging into this site using Social Sites

The Social Platform of Facebook, LinkedIn, and Twitter allow you log into other applications and websites using your personal account. When you log in using Facebook, LinkedIn, and Twitter,  these social platforms  gives Xperience362 your User ID (just like when you connect with any other application), but Facebook, LinkedIn, and Twitter do not share your email address or password with us through this process without your permission.

If you already have an account on this site, we may also be able to connect that account with your Facebook, LinkedIn, and Twitter account. Sometimes we do this using what is called an "email hash,” which is similar to searching for someone on this site using an email address. Only the email addresses in this case are hashed so no email addresses are actually shared between Facebook, LinkedIn, and Twitter, and this site.

How it works

This site sends over a hashed version of your email address, and Facebook, LinkedIn, or Twitter matches it with a database of email addresses that Facebook, LinkedIn, or Twitter  has also hashed. If there is a match, then Facebook tells us the User ID associated with the email address. This way, when you log into this site using Facebook, LinkedIn, or Twitter, this site can link your Facebook, LinkedIn, or Twitter account to your account on this site.

Xperience362 Event Release 

I hereby fully and forever release and waive and agree not to bring or cause to be brought any and all claims, demands, actions, or causes of action of every possible kind and nature whatsoever I might assert, including, without limitation, claims for personal injury, wrongful death, or property damage, whether or not absolute, known or unknown, or otherwise against Xperience362 and each Community or any of its leaders, officers, employees, representatives, agents and volunteers (collectively referred to herein as the "Releasees") by reason of, arising out of or relating to my participation in any of the Activities (events of any Community). I release the Releasees and waive all such claims against the Releasees for any injuries or damages caused in any manner whatsoever whether or not any such liability is attributable to the absence of ordinary or even slight care by the Releasees arising out of the Activity.

 I further agree to indemnify, defend and hold the Releasees harmless from any kind of compensatory or punitive damages sought to be recovered from the Releasees and all losses sustained by the Releasees independent of claims asserted by others, including, without limitation, general damages, property damages, special, incidental and consequential damages, losses or expenses suffered or paid, directly or indirectly, as a result of any and all claims, causes of action, suits, proceedings, demands, judgments, assessments, and liabilities, including reasonable attorneys' fees incurred in litigation or otherwise, assessed, incurred or sustained by or against the Releasees by reason of, arising out of or relating to my participation in the Activity.

 I give Xperience362 and each Community, and any person acting under its authority permission to publish, distribute, broadcast, televise, promote, license, sell and copyright for all purposes, any photograph, videotape, motion picture or sound recording produced directly by Xperience362 and each Community or under its sponsorship, which may include my image or likeness and/or my voice. I also authorize Xperience362 and each Community to reproduce, amplify, simulate, filter or otherwise distort my voice and all instrumental musical and other sound effects produced by me. In addition, I authorize the use of any printed material in connection therewith. I release all claims against Xperience362 and each Community with respect to copyright ownership, publication and right to privacy. I agree that I shall not receive any fee and that all rights, title, and interest to the above materials and use of them belong to Xperience362 and each Community. I understand and agree that these materials may be duplicated or distributed with or without charge, and/or altered in any form or manner without future/further compensation or liability, in perpetuity.

I further agree that I have read and understand this Agreement; the execution of this Agreement is continuing in nature; it is my knowing and voluntary act; this Agreement is binding upon my heirs, executors, administrators and legal representatives; I am under no duress or undue influence to execute this Agreement; I represent that the information provided in my application to participate in the Activity is true, complete and correct in all respects; it is my intention with this Agreement to make a complete, general, and unconditional release of any and all claims whatsoever against the Releasees as set forth above.

This Agreement shall be effective from the date signed (profile created / terms and conditions agreed to) until the date of the receipt of a written declaration signed by the undersigned, that this Agreement shall no longer be effective with regard to any act or event from and after the date of the receipt via U.S. Mail of the written declaration addressed to Xperience362, LLC, AND the address of your Community.  

I understand that upon receipt of this written declaration X362 will terminate my X362 account.