Terms of Service
This policy is effective as of 1st November 2023
This policy is effective as of 1st November 2023
Our service is designed to give you as much control and ownership over what goes on in your organisation as much as possible. However, be responsible for what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear in your organisations.
The following terms and conditions govern all use of 390 and all content, services, and products available for the public. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 390's Privacy Policy and procedures that may be published from time to time by 390 (collectively, the Agreement). You agree that we may automatically upgrade our Services and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you may not access or use any of our services. If these terms and conditions are considered an offer by 390, acceptance is expressly limited to these terms.
Our Services are not directed to users younger than 16, and access and use of our Services is only offered to users 16 years of age or older. If you are under 16, please do not register for our Services. Any person who registers as a user or provides their personal information to our Services represent that they are 16 years of age or older. Use of our Services requires a 390 account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity under your username. You are responsible for keeping your password secure.
If you create an account on 390, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify 390 of any unauthorised uses of your account, or any other breaches of security. 390 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Responsibility of Contributors. If you post material to 390, post links on 390 or otherwise make (or allow any third party to make) material available (any such material, 'Content'), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to, text, photo, video, audio, or code. By using 390, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to 390 for inclusion in your account, you grant 390 a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely to display, distributing and promoting you. If you delete Content, 390 will use reasonable efforts to remove it from 390, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, 390 has the right (though not the obligation) to, in 390's sole discretion, (i) reclaim your username or web-application's URL due to prolonged inactivity, (ii) refuse or remove any content that, in 390's reasonable opinion violates any 390 policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of 390 to any individual or entity for any reason. 390 will have no obligation to provide a refund of any amounts previously paid.
We offer free HTTPS on all 390 accounts by default, including those using custom domains. 390 reserves the right to display attribution text or links in your site footer or toolbar, attributing 390, for example.
390 has not reviewed and cannot review; all of the material, including computer software, posted to our Services, and cannot, therefore be responsible for that material content, use or effects. By operating our Services, 390 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions stated or unstated. 390 disclaims any responsibility for any harm resulting from the use by visitors of our Services or from any downloading by those visitors of content they posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the web applications and webpages to which 390 links and that link to 390. 390 has no control over those non-390 services and is not responsible for their contents or use. By linking to a non-390 service, 390 does not represent or imply that it endorses such service. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 390 disclaims any responsibility for any harm resulting from your use of non-390 web-applications and webpages.
As 390 asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 390 violates your copyright, you are encouraged to notify 390 in accordance with 390's Digital Millennium Copyright Act ('DMCA') Policy. 390 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 390 will terminate a visitor's access to and use of the web application if, under appropriate circumstances, the visitor is determined to be a repeat the infringer of the copyrights or other intellectual property rights of 390 or others. In the case of such termination, 390 will have no obligation to provide a refund of any amounts previously paid to 390.
This Agreement does not transfer from 390 to you any 390 or third-party intellectual property, and all rights, titles, and interest in and to such property will remain (as between the parties) solely with 390, 390, the 390 logo, and all other trademarks, service marks, graphics and logos used in connection with 390 or our Services are trademarks or registered trademarks of 390 or 390's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any 390 or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make material changes, we will let you know by posting about our event or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period , after which the new terms will take effect. If you disagree with our changes, you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
390 may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 390 account (if you have one), you may discontinue using our Services. All provisions of this Agreements which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided ' as is.' 390 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 390 nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted.
In no event will 390, or its suppliers or licensors, be liable concerning any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 390 under this agreement during the twelve (12) month period before the cause of action. 390 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of our Services will be in strict accordance with the 390 Privacy Policy, with this Agreement, and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other the governmental area regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe on or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless 390, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, including attorneys' fees arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.