The following terms and conditions are applied to 360desktop Premium Services.
1. Acceptance of 360desktop Terms
Welcome to 360desktop Premium Services. By using the 360desktop Premium Services, you agree to these Additional Terms located at http://360desktop.com/legal/pro-terms-of-use that supplement the 360desktop Terms of Use located at http://360desktop.com/legal/terms-of-use which is incorporated by reference.
360desktop reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of this Additional Terms and the most recent version of the 360desktop Terms of Use at the URL indicated above.
If we do update these Additional Terms, we will notify you and also post the changes to the Terms on this page and will indicate the effective date of Additional Terms at the top of the page. It is important for you to refer to these Additional Terms from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Additional Terms. Your continued use of the Services constitutes your acceptance of the new Additional Terms. If you do not agree to the change, you have the option to terminate your subscription. Your continued use of your subscription after any change constitutes your acceptance of the new Additional Terms.
2. Description of Service
360desktop offers a number of premium services for the 360desktop Platform that are subject to an additional charge. These services include, but are not limited to 360desktop Pro and 360Credits.
360desktop Pro provides subscribers a number of premium benefits including ad-free 360desktop browsing. The full details of these benefits, plus unspecified new benefits that may be added at a later date, are shown here http://www.360desktop.com/docs/what-do-i-get-when-i-upgrade-360desktop-pro.
360Credits that you purchase can be used to buy Premium Services and also can be given to creators of 360 User Content as payment or as gifts through the TipMe feature of the 360desktop Platform, or other payment or gifting process as provided by 360desktop. Creators of 360 content who receive 360Credits, can then convert these 360Credits to a dollar amount and withdraw these via PayPal.
3. Payment Terms
A. General Terms.
When you purchase a 360desktop Premium Service, you will be charged automatically and immediately using the payment method you have selected. All currency references are in U.S. dollars.
B. Payment for 360desktop Pro Subscription.
The cost of the subscription shall be $3 for each recurring 1 month access period and 360Credits are charged at the rate of $0.10 per credit. By subscribing to the Premium Services and registering your payment details, you authorize 360desktop (or PayPal, acting on 360desktop’s behalf) to charge the fixed upfront payment for a fixed duration or the monthly recurring subscription fee (depending on your selection) to your credit or debit card. Payment for the subscription Services is in advance, billed on a monthly cycle starting on the day you subscribe to the Services.
C. Cancellation of Subscription.
Due to the immediate and intangible nature of the subscription Services, once you have paid for: (i) a fixed upfront
payment for a fixed duration, you will be unable to cancel the subscription or receive a refund; (ii) a recurring fee on a monthly basis, you will be unable to cancel that first 30 day subscription, but can cancel at any time thereafter upon 24 hours notice.
Your subscription will then expire on the date of expiry of your current subscription period. If you choose to cancel your subscription before the end of the period for which you paid a subscription fee, you will not receive a refund for the remaining period. So by way of example, if you subscribe to the Services on 1st January but decide on January 10th that you don’t want to continue, you can send us notice and your subscription will end on 31st January.
D. Termination of your subscription
360desktop may terminate or suspend your subscription in its discretion at any time in accordance with the Terms of Use or if:
(i) Your payment method or details are invalid or rejected by PayPal for any reason;
(ii) You charge back to your credit or debit card the subscription fees due;
(iii) You breach, or 360desktop suspects you have breached, these Subscription Terms, the Terms of Use or 360desktop’s Privacy Policy.
If your subscription is terminated for any of the 3 reasons set out above, you will not be entitled to a refund.
If your payment is invalid for any reason, your 360desktop Pro subscription will revert to a free 360desktop account.
E. Payment for 360Credits. Once your order is processed and confirmed by 360desktop, your purchase is final. Please note, unless 360desktop gives notice to the contrary, payment for 360Credits are non-refundable.
4. Expiration and transfer of 360Credits
360Credits do not expire. However, you understand and agree that receipt and acceptance of 360Credits by your intended recipient will be deemed to have occurred at the point of transfer confirmation during the TipMe process, or other payment or transfer process as defined by 360desktop.
Once the transfer process is complete, it is final and cannot be withdrawn, cancelled or refunded.
5. 360desktop Account Requirement
In order to purchase the 360desktop Premium Services, you must have a 360desktop account. If you do not have a 360desktop account, you will be prompted to complete the registration process before you can purchase 360desktop Premium Services.
6. Fees and Charges
360desktop may, upon notice required by applicable laws, at any time: (i) change the amount of, or basis for determining, any fee or charge related to any 360desktop Premium Service, or (ii) institute new fees or charges related to a 360desktop Premium Service.
7. 360desktop's Reservation of Rights
360desktop expressly reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of any 360desktop service, including 360desktop Pro, if 360desktop, in its sole discretion believes you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the Terms of Use or these Additional Terms. In such event, your 360desktop Pro account may be suspended or cancelled immediately in our discretion, all the information and content contained within it deleted permanently and you will not be entitled to any refund of any of the amounts you've paid for such account. 360desktop accepts no liability for information or content that is deleted.
8. Indemnity
You agree to indemnify and hold harmless 360desktop, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to 360desktop Pro, your violation of the Terms of Use or these Additional Terms, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
9. No Liability
360desktop Premium Services are provided "as-is" and 360desktop assumes no responsibility for the timeliness, deletion, mis-delivery, misapplication or failure to store any user communications personalization settings, or balance.
10. Privacy
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy at http://360desktop.com/legal/privacy
11. Age Requirements for Use of 360desktop Premium Services
360desktop Premium Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions.
12. Location of Lawsuit
The 360desktop Terms of Use, which apply to your 360desktop Premium Services, provides that both you and 360desktop agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia.