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.
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).
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 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).
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:
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:
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
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.
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.
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.
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).
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.
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.
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.
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:
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.
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.
These help us provide localized experiences.
Site Features and Services
These provide functionality that help us deliver products and services.
We use these to provide you with the best experience possible.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
1. MAKING PURCHASES
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.
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.
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:
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.
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
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.
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.
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
We may revoke your eligibility to use Xperience362 Payments at any time at our sole discretion.
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.
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
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 firstname.lastname@example.org.
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.
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.
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:
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.
You must not inaccurately DNA Classify content or encourage users to inaccurately tag content.
3. PAGE FEATURES
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.
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:
Promotions on Xperience362 must include the following:
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.
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.
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.