By 360 Degree we mean the application features, services and search facilities we make available, including through (a) the 360 Degree website at www.360 Degree4u.com and any other 360 Degree branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our application; and (c) our mobile application (d) other media, software, devices, or networks now existing or later developed.
By “Us,” “We” and “Our” we mean Resilient Digital Solutions. A company incorporated in Cairo, Egypt, our employees, directors and shareholders. By “application” we mean the 360 Degree application and a set of APIs and services that enable applications, developers, operators or services, including RSS feeds, to retrieve data from 360 Degree or provide data to us.
By “Information” we mean facts and other information about you, including actions you take.
By “Content” we mean anything you post on 360 Degree that would not be included in the definition of “information.”
By “Data” we mean content and information that third parties can retrieve from 360 Degree or provide to 360 Degree.
By “Post” we mean post on 360 Degree or otherwise make available to us (such as by using an application).
By “Use” we mean use, access, view, download, upload, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “Users” we mean a User(s) who is/are not registered with the 360 Degree application and we mean a User(s) who is/are registered with the 360 Degree application.
By “Application” we mean any application or website that uses or accesses the 360 Degree application, as well as anything else that receives data.
By “Services” we mean searching for User Profiles on the 360 Degree application and advertising updates and services along with 360 Degree products, 360 Degree software, 360 Degree services and the 360 Degree website.
2.ACCESSIBILITY AND AVAILABILITY OF ALL USER CONTENT AND INFORMATION
We collect information in relation to Users. The information that we collect facilitates the purpose of the 360 Degree application. Users are not required to register with the 360 Degree application to access information on the 360 Degree application and as such 360 Degree may not have any control over how Users use the information. In order to create a User Profile on the 360 Degree application Users are required to register with the 360 Degree application.
When you add an application and use the 360 Degree application, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
When you delete 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).
3.REGISTRATION AND ACCOUNT SECURITY
360 Degree Users provide their real names and information in order to facilitate the purpose of the 360 Degree application. 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 the 360 Degree application, or create an account for anyone other than yourself without permission;
You will not use the 360 Degree application if you are under the age of 14; You will not use the 360 Degree application if you are a convicted sex offender; You will keep your User Profile details accurate and up-to-date; You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; You will not transfer your account to anyone without first getting our written permission; If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a User’s actual name); You are not a direct competitor of 360 Degree;
No User may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by 360 Degree or its Users for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorized uses of the Website, including collecting usernames, email addresses or other personally identifiable information of registered Users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorize, enable or otherwise grant to any other person, organization, company or business access to your 360 Degree User Profile or other content uploaded on the Website for the purpose of extracting such information or other content;
Each individual User Profile includes personal information about the User.
4.YOUR RELATIONSHIP WITH 360 Degree
Your use of 360 Degree products, 360 Degree software, 360 Degree services and the 360 Degree website (referred to collectively as the “Services” in this document and excluding any services provided to you by 360 Degree under a separate written agreement) is subject to the terms of a legal agreement between you and 360 Degree. 360 Degree means Resilient Digital Solutions, registered offices at Cairo, Egypt.
Accepting the Terms and Conditions of Use. In order to use the 360 Degree application and use the 360 Degree Services, you must firstly agree to these Terms and Conditions of Use. You may not use the Services if you do not accept these Terms and Conditions of Use.
You can accept the Terms and Conditions of Use by:
clicking to accept or agree to the Terms and Conditions of Use, where this option is made available to you by 360 Degree in the User interface for any Service; or by actually using the Services. In this case, you understand and agree that 360 Degree will treat your use of the Services as acceptance of the Terms and Conditions of Use from that point onwards;
You may not use the Services and may not accept the Terms and Conditions of Use if (a) you are not of legal age to form a binding contract with 360 Degree, or (b) you are a person barred from receiving the Services under the laws of Egypt or other countries including the country in which you are resident or from which you use the Services, or (c) if you are not 12 years or older;
Before you continue, you should print off or save a local copy of the Terms and Conditions of Use for your records; 360 Degree is constantly innovating in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Services which 360 Degree provides may change from time to time without prior notice to you; As part of this continuing innovation, you acknowledge and agree that 360 Degree may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at 360 Degree ‘s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform 360 Degree when you stop using the Services;
You acknowledge and agree that if 360 Degree disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account;
You acknowledge and agree that while 360 Degree may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by 360 Degree at any time, at 360 Degree’s discretion.
5.USE OF THE SERVICES BY YOU
All Users have access to all 360 Degree User Profiles. Users are not required to register with 360 Degree to access the information that is posted to the 360 Degree website. In certain instances Users have the option to register with 360 Degree. All Users agree that any registration information you give to 360 Degree will always be accurate, correct and up to date.
You agree to use the 360 Degree application only for purposes that are permitted by (a) the Terms and Conditions of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Egypt or other relevant countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by 360 Degree. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the information on the 360 Degree application for any purpose. You agree that you are solely responsible for (and that 360 Degree has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions of Use and for the consequences (including any loss or damage which 360 Degree may suffer) of any such breach. You agree that you will not send or otherwise post unauthorized commercial communications (such as spam) on the 360 Degree application. You will not collect Users’ content or information, or otherwise access the 360 Degree application, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the 360 Degree application. 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 hateful, libellous, slanderous, defaming, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not develop or operate a third party application containing or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on 360 Degree without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. You will not use the 360 Degree application to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working of the 360 Degree application, such as a denial of service attack. You will not facilitate or encourage any violations of this Statement
6.YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your User account registration to use to access your User Profile.
Accordingly, you agree that you will be solely responsible to 360 Degree for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify 360 Degree immediately. Login details – 360 Degree will store the User’s access details so that when a registered User logs in and accesses the 360 Degree application 360 Degree may offer the User the option to sync their contacts. 360 Degree will ask the User to consent to having their contacts synced.
360 Degree reserves the right to remove, edit, move or close any account for any reason and to suspend or ban any User account for any reason. You understand that all information which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to above as the “Content”.
You should be aware that Content presented to you as part of the 360 Degree search facility, including but not limited to User Profiles, advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to 360 Degree (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by 360 Degree or by the owners of that Content, in a separate agreement. 360 Degree reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, 360 Degree may provide tools to filter out explicit sexual content. There are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the 360 Degree application you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the 360 Degree application at your own risk.
You agree that you are solely responsible for (and that 360 Degree has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the 360 Degree application and for the consequences of your actions (including any loss or damage which 360 Degree may suffer) by doing so.
7.OTHER PEOPLE’S RIGHTS
You acknowledge and agree that 360 Degree owns all legal right, title and interest in and to the 360 Degree application, including any intellectual property rights which subsist in the 360 Degree application (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
You agree that nothing in the Terms and Conditions of Use gives you a right to use any of 360 Degree ‘s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
360 Degree acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms and Conditions of Use in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that 360 Degree has no obligation to do so on your behalf.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the 360 Degree application.
You agree that in using the 360 Degree application, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
This Section enumerates a non-exhaustive list of content you may in any event not make available via 360 Degree (it being at the sole discretion of 360 Degree to decide whether certain content is or is not permitted): Content which incites to violence against and/or harassment of another person or other persons; Content which leads to or is the result of exploitation or abuse of others; Content which according to 360 Degree is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material; Content which asks for personal data of minors and/or makes available personal data of other persons; Content which encourages or commits the performance of illegal activities; Content which infringes intellectual property rights, privacy rights or any other rights of 360 Degree or third parties; Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes; Content which, without the prior written consent of 360 Degree, involves commercial activity such as advertising, lotteries, contests or pyramid games; Content which includes a photograph or likeness of another person without that person’s consent; Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms and Conditions of Use.
If you make a payment on the 360 Degree site or the 360 Degree application you agree to our Payments Terms.
11.LICENSE FROM 360 Degree
360 Degree gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by 360 Degree as part of the Services as provided to you by 360 Degree. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 360 Degree, in the manner permitted by the Terms and Conditions of Use. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
12.CONTENT LICENSE FROM YOU
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the 360 Degree application. By submitting, posting or displaying the Content you give 360 Degree a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the 360 Degree application and its social media channels. This license is for the sole purpose of enabling 360 Degree to display, distribute and promote the 360 Degree application. You agree that this license includes a right for 360 Degree to make such Content available to all. You understand that 360 Degree, in performing the required technical steps to provide the 360 Degree application services to our Users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit 360 Degree to take these actions. You confirm and warrant to 360 Degree that you have all the rights, power 360 Degree authority necessary to grant the above license.
The Software which you use may automatically download and install updates from time to time from 360 Degree. These updates are designed to improve, enhance and further develop the 360 Degree application and the 360 Degree application Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit 360 Degree to deliver these to you) as part of your use of the 360 Degree application and the 360 Degree application Services.
14.ENDING YOUR RELATIONSHIP WITH 360 Degree
The Terms and Conditions of Use will continue to apply until terminated by either you or 360 Degree as set out below. If you want to terminate your legal agreement with 360 Degree, you may do so by (a) notifying 360 Degree at any time; and (b) deleting your User Profile from the 360 Degree application. 360 Degree may at any time, terminate its legal agreement with you if: You have breached any provision of the Terms and Conditions of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions of Use); or 360 Degree is required to do so by law (for example, where the provision of User Profile services is, or becomes, unlawful); or 360 Degree is transitioning to no longer providing the 360 Degree application and 360 Degree application Services to Users in the country in which you are resident or from which you use the service; or The provision of the 360 Degree application or 360 Degree application Services to you by 360 Degree is, in 360 Degree’s opinion, no longer commercially viable; When these Terms and Conditions of Use come to an end, all of the legal rights, obligations and liabilities that you and 360 Degree have benefited from, been subject to (or which have accrued over time whilst the Terms and Conditions of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 1.14.6 shall also continue to apply to such rights, obligations and liabilities indefinitely. If you deactivate your account Users will not be able to see it but it will not be deleted. Your User Profile information will be saved in the event that you wish to reinstate your User Profile information. When you delete your account however, it is permanently deleted. You will not be able to reinstate your User Profile, you will have to create a new User Profile. Even after you deactivate or delete your User Profile you should be aware that copies of the information may remain accessible elsewhere, specifically in relation to the extent that it has been previously shared with others, or it was copied or stored by other Users. Removed and deleted information may persist in backup copies for a reasonable period of time (but will not be available to others).
15.EXCLUSION OF WARRANTIES
Access to the 360 Degree application is provided “as is” and 360 Degree gives you no warranty with respect to them. In particular, 360 Degree does not represent or warrant to you that: your use of the 360 Degree application will meet your requirements; your use of the 360 Degree application will be uninterrupted, timely, secure or free from error; any information obtained by you as a result of your use of the 360 Degree application will be accurate or reliable; and that defects in the operation or functionality of any Software provided to you as part of the 360 Degree application will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the 360 Degree application except to the extent that they are expressly set out in the Terms and Conditions of Use. Nothing in the Terms and Conditions of Use shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
16.LIMITATION OF LIABILITY
Nothing in these Terms and Conditions of Use shall exclude or limit 360 Degree’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to overall provision in paragraph 1.16.1 above, 360 Degree shall not be liable to you for: any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the 360 Degree application; any changes which 360 Degree may make to the 360 Degree application or 360 Degree Services, or for any permanent or temporary cessation in the provision of the 360 Degree application or 360 Degree Services, (or any features within the 360 Degree application or 360 Degree Services); the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the 360 Degree application or 360 Degree Services; your failure to provide 360 Degree with accurate account information; your failure to keep your password or account details secure and confidential. The limitations on 360 Degree’s liability to you in paragraph 1.16.2 above shall apply whether or not 360 Degree has been advised of or should have been aware of the possibility of any such losses arising.
Some of the 360 Degree Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the 360 Degree application, queries made through the 360 Degree application or other information. The manner, mode and extent of advertising by 360 Degree on the 360 Degree application and in relation to the 360 Degree Services are subject to change without specific notice to you. In consideration for 360 Degree granting you access to and use of the 360 Degree application, you agree that 360 Degree may place such advertising on the 360 Degree application.
18.ADVERTISEMENTS ON 360 Degree
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: That 360 Degree may use your personal information to assist us in serving sponsored content on your User Profile or elsewhere. You give us permission to use your name and User Profile data in connection with that content; We do not give your content or information to advertisers without your consent; You understand that we may not always identify paid services and communications as such.
The 360 Degree application may include hyperlinks to other websites or content or resources. 360 Degree may have no control over any websites or resources which are provided by companies or persons other than 360 Degree. You acknowledge and agree that 360 Degree is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that 360 Degree is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
20.CHANGES TO THE TERMS AND CONDITIONS OF USE
360 Degree may make changes to the Terms and Conditions of Use from time to time. When these changes are made, 360 Degree will make a new copy of the Terms and Conditions of Use available to you from within, or through, the 360 Degree application and 360 Degree Services. You understand and agree that if you use the 360 Degree application or 360 Degree Services after the date on which the Terms and Conditions of Use or Additional Terms and Conditions of Use have changed, 360 Degree will treat your use as acceptance of the updated Terms and Conditions or Use or Additional Terms and Conditions of Use.
21.GENERAL LEGAL TERMS
Sometimes when you use the 360 Degree application, you may (as a result of, or through your use of the 360 Degree application) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms and Conditions of Use do not affect your legal relationship with these other companies or individuals. The Terms and Conditions of Use govern your use of the 360 Degree application and 360 Degree Services and completely replace any prior Terms and Conditions of Use between you and 360 Degree in relation to the 360 Degree application and 360 Degree Services. You agree that 360 Degree may provide you with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on the 360 Degree application. You agree that if 360 Degree does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions of Use (or which 360 Degree has the benefit of under any applicable law), this will not be taken to be a formal waiver of 360 Degree’s rights and that those rights or remedies will still be available to 360 Degree. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions of Use is invalid, then that provision will be removed from the Terms and Conditions of Use without affecting the rest of the Terms and Conditions of Use. The remaining provisions of the Terms and Conditions of Use will continue to be valid and enforceable. The Terms and Conditions of Use, and your relationship with 360 Degree under the Terms and Conditions of Use, shall be governed by Egypt law. You and 360 Degree agree to submit to the exclusive jurisdiction of the courts of Egypt to resolve any legal matter arising from the Terms and Conditions of Use. Notwithstanding this, you agree that 360 Degree shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.