Thank you for using 360Mediaplayer/ 360Editor /360Lectures platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
1.1. The Service allows you to discover, watch, create and share Virtual Reality-, video- and other media content, provides a forum to teach, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and event organizers large and small. We provide lots of information about our products and how to use them currently through our customer services and later on through our help pages. You can also contact us about enjoying content on other devices like your VR-headsets and mobile devices.
Your Service Provider
The entity providing the Service is 360Mediahouse Ltd, a company operating under the laws of Finland, located at Tekniikantie 14, 02150, Espoo, Finland (referred to as "360Mediahouse", “we”, “us”, or “our”).
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
1. Who may use the Service?
1.1 The service is meant to be usable by anyone who is not violating these terms of service over the age of 18.
1.2. Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. If you are representing school or other such organization, that allows children to use the service, said institution is responsible for the activities of the children using the service.
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. Your Use of the Service
2.1. Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, 360Mediahouse or a third-party (collectively, "Content”). Content is the responsibility of the person or entity that provides it to the Service. 360Mediahouse is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement or the law, you can report it to us by emailing us at firstname.lastname@example.org.
2.2. 360Mediahouse Accounts and shows
You can use parts of the Service, such as watching live feeds or watching shows, without having a 360Mediahouse account. However, you do need a 360Mediahouse account to use some features. With a 360mediahouse account you can create your own shows, host live streams, and more. You can follow these instructions to create a 360Mediahouse account. Different subscriptions to 360Mediahouse products will give you access to additional features and functions, such as creating interactive 360 content, embedding editor to your own website or creating a group of shows. To protect your 360Mediahouse account, keep your password confidential. You should not reuse your 360Mediahouse account password on any third-party applications.
2.3. Your Information
2.4. Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show 360Mediahouse shows or videos through the embeddable 36Mediaplayer.
2.4.1. The following restrictions apply to your use of the Service. You are not allowed to:
1) access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except:
a) as expressly authorized by the Service; or
b) with prior written permission from 360Mediahouse and, if applicable, the respective rights holders;
2) circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that:
a) prevent or restrict the copying or other use of Content or
b) limit the use of the Service or Content;
3) access the Service using any automated means (such as robots, botnets or scrapers) except:
a) in the case of public search engines or
b) with 360Mediahouse prior written permission;
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or 360Mediahouse.
3. Changes to the Service
360Mediahouse is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
4. Your Content and Conduct
4.1. Uploading Content
If you have a 360Mediahouse account, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. We do not allow any graphical violent real life content on our service. We do not allow any sexual or adult
content on our service. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
4.2. Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to 360Mediahouse and other users of the Service, as described below.
4.2.1. License to 360Mediahouse
By providing Content to the Service, you grant to 360Mediahouse a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and 360Mediahouse´s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
4.2.2. License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
4.2.3. Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that 360Mediahouse may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
4.2.4. Removing Your Content
You may remove your Content from the Service at any time. Currently we do not allow users to create copy of their content hosted on our services and we do not provide any methods to do so. You must remove your Content if you no longer have the rights required by these terms.
4.2.5. Removal of Content By 360Mediahouse
After six (6) months have passed since your subscription has expired we will delete your data from our server permanently. We will notify you one month prior via email before deletion. If we reasonably believe that any Content is in breach of this Agreement or may cause harm to 360Mediahouse , our users, or third parties, we may remove or take down that Content immediately in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so:
a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for 360Mediahouse or our Affiliates;
b) would compromise an investigation or the integrity or operation of the Service; or
c) would cause harm to any user, other third party, 360Mediahouse or our Affiliates.
You can learn more about reporting and enforcement, including how to appeal by contacting us.
4.3. Copyright Protection
If you believe your copyright has been infringed on the Service, please send us a notice. We respond to notices of alleged copyright infringement as soon as we can. 360Mediahouse's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
5. Account Suspension & Termination
5.1. Terminations by You
You may stop using the Service at any time. To disable or cancel your 360Mediahouse Account, which involves removing your data, go to the profile settings of 360Editor and click on the cancel subscription button. Currently we do not provide a method to download your content from our service and we do not allow the copying of the content.
5.2. Terminations and Suspensions by 360Mediahouse for Cause
360Mediahouse may suspend or terminate your access, your 360Mediahouse account, or your 360Mediahouse account’s access to all or part of the Service if:
a) you materially or repeatedly breach this Agreement;
b) we are required to do so to comply with a legal requirement or a court order; or
c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, 360Mediahouse or our Affiliates.
5.3. Terminations by 360Mediahouse for Service Changes
360Mediahouse may terminate your access, or your 360Mediahouse account’s access to all or part of the Service if 360Mediahouse believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
5.4. Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by 360Mediahouse unless we reasonably believe that to do so:
a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for 360Mediahouse or our Affiliates;
b) would compromise an investigation or the integrity or operation of the Service; or
c) would cause harm to any user, other third party, 360Mediahouse or our Affiliates.
6. Refunds and credits '
When a subscription payment is made, it purchases a subscription to our editing platform for the subsequent membership period. As a result, we cannot issue a refund for any unused time in the billing period, as the commercial licensing for that period has already been issued.
6.1. Termination by user
a) monthly subscriptions are not eligible for refund or credits. Monthly subscriptions will be terminated at the end of the subscription period and no new payments will be charged after that.
b) annual subscriptions that are cancelled before the current subscription period ends will terminate at the end of the subscription period and no new payments will be charged after that.
If you have not created, modified or shared any shows and have not uploaded any content to our service during the most recent subscription period you might be eligible for a refund or credits. The amount of credits or refund is calculated by the time left on the current subscription and by the price of the purchased subscription. Credits can be used later on to purchase a new subscription to our service. Please contact our Support team directly in this case.
6.2. Termination by 360Mediahouse
If your account has been terminated by 360Mediahouse because you have breached this Agreement you are not eligible to receive refunds.
7.0. Effect of Account Suspension or Termination
If your 360Mediahouse account is terminated or your 360Mediahouse account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your 360Mediahouse account has been terminated in error, you can appeal by contacting us.
8.0. About Software in the Service
8.1. Downloadable Software
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, 360Mediahouse gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by 360Mediahouse as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by 360Mediahouse, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have 360Mediahouse´s written permission.
8.2. Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
9.0. Other Legal Terms
9.1. Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND 360MEDIAHOUSE DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY WARRANTIES ABOUT:
A) THE CONTENT PROVIDED THROUGH THE SERVICE;
B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR
C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
9.2. Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, 360MEDIAHOUSE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY: ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; ANY INTERRUPTION OR CESSATION OF THE SERVICE; ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; ANY CONTENT WHETHER SUBMITTED BY A USER OR 360MEDIAHOUSE, INCLUDING YOUR USE OF CONTENT; AND/OR THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT. THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Indemnity to the extent permitted by applicable law, you agree to defend, indemnify and hold harmless 360Mediahouse, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
i) your use of and access to the Service;
ii) your violation of any term of this Agreement;
iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
iv) any claim that your Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Service.
9.3. Third-Party Links
10. About this Agreement
10.1. Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. 360Mediahouse will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
10.2. Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms” “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
10.4. No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future). Interpretation In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
10.5. Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Finnish law, and will be litigated exclusively in Helsinki court. You and 360Mediahouse consent to personal jurisdiction in those courts.
10.6. Limitation on Legal Action
YOU AND 360MEDIAHOUSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Effective as of January 26, 2021