2. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal use. The App must not be used for any illegal or unauthorized purpose. When you use the App you must comply with all applicable US laws and with any applicable international laws, including the local laws in your country of residence.
iSe360 is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by iSee360 in its sole discretion;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without iSee360's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of iSee360 or any third party;
• impersonates any person or entity, including any employee or representative of iSee360;
• includes anyone's identification documents or sensitive financial information; or
iSee360 has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
• take any action that imposes or may impose (as determined by iSee360 in its sole discretion) an unreasonable or disproportionately large load on iSee360 (or its third party providers') infrastructure;
• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
• bypass any measures iSee360 may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
• run any form of auto-responder or "spam" on the Service;
• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
• harvest or scrape any Content from the Service;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by iSee360;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• otherwise take any action in violation of iSee360 guidelines and policies.
You agree to indemnify iSee360 in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
iSee360 does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to iSee360, and, if you create an account on iSee360, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold iSee360 and iSe360 Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to iSee360, and related to or arising out of any conduct or activities on, through or by use of your iSee360 account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by iSee360.
iSee360 does not control, is not responsible for and makes no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.
Content prohibited from iSee360 includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content); (4) content that discloses another's personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via iSee360); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to iSee360 would violate these TOU or iSee360's other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on iSee360 and all such prohibitions are expressly incorporated into these TOU as stated in section 1 above.
The trademarks, service marks, and logos contained on or in the App are owned by iSee360. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of iSee360
4. POSTING AND ACCOUNTS
This section 4 applies to all uses and users of iSee360, unless iSee360 has specifically authorized an exception to a particular term for a particular user in a written agreement. iSee360 has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.
iSee360 is intended and designed as a local service. A user may post content only to the single specific geographic area offered on iSee360 for which that content is most relevant. The same or substantially similar content (for example, an ad for a particular item or service, a particular offer, a particular message or a particular comment) may not be posted to or communicated via more than one such geographic area. Content that is equally relevant to multiple (i.e., more than one) geographic areas should not be posted on isee360
The same or substantially similar content may not be posted in more than one iSee360 category. A user may post content only in the single iSee360 category to which it is most relevant, and must not post content to inappropriate categories. For example, content advertising classes or vocational training must be posted under the "classes" category of the "community" section and may not be posted in any "jobs" category. Likewise, content advertising auto financing must be posted under the "financial" category of the "services" sections and not under "cars/trucks" category in the "for sale" section. Similarly, services relating to real estate must be posted under "real estate" category of the "services" section and may not be posted to any category within the "housing" section.
A user may post the same or substantially similar content no more than once every week.
Where a iSee360 category provides specific subcategories for posts by particular types of users (e.g., car sales "by-owners" versus "by-dealers," and real estate for sale "by-owner" versus "by-broker"), a user may post content only in the single user sub-category most accurate for that user. In particular, no user acting as a broker, agent or dealer may post in any "by owner" category.
Users may not circumvent any technological measure implemented by iSee360 to restrict the manner in which content may be posted on iSee360 or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent iSee360 accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content "spinning."
It is expressly prohibited for any third party to post content to iSee360 on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.
It is expressly prohibited to post content to iSee360 using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to iSee360 for each instance of access to iSee360 (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on iSee360. Users may not post content or communicate with any iSee360 user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
A user may maintain and use no more than one account, including a telephone or phone-verified account ("PVA"), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.
A user may create an account, including a PVA, only on his/her own behalf. A user must not permit, enable, induce or encourage others to create accounts or PVAs for him/her. The creation of accounts or PVAs for others is expressly prohibited.
A user must only use his/her own account or PVA, and may not use any account or PVA of another.
The purchase and sale of accounts, including but not limited to PVAs, is expressly prohibited.
A user must create his/her account or PVA personally and manually and may not create accounts or PVAs by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process. Further, a user must create any PVA using his/her own valid telephone number. The creation of a PVA using a telephone number that is not the user's own, a telephonic forwarding service or system, or a temporary/disposable telephone number or service is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation or PVA creation process is also expressly prohibited.
A user may flag a specific item of content only once.
A user flagging content must do so manually and may not employ any automated means, products (including, without limitation, software programs) or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging (by use of proxy servers or any means whatsoever).
5. UNAUTHORIZED ACCESS AND ACTIVITIES
This section 5 applies to all uses and users of iSee360, unless iSee360 has specifically authorized an exception to a particular term for a particular user in a written agreement. iSee360 has sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 5.
To maintain the integrity and functionality of iSee360 for its users, access to iSee360 and/or activities related to iSee360 that are harmful to, inconsistent with or disruptive of iSee360 and/or its users' beneficial use and enjoyment of iSee360 are expressly unauthorized and prohibited. For example, without limitation:
The collection of iSee360 users' personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
Any copying, aggregation, display, distribution, performance or derivative use of iSee360 or any content posted on iSee360 whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to access iSee360 without individual written agreements executed with iSee360 that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant iSee360 website, service, forum or content; (b) they access iSee360 from a stable IP address using an easily identifiable agent; and (c) they comply with iSee360's robots.txt file; provided however, that iSee360 may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access iSee360 without their own written agreement executed with iSee360), at any time and in its sole discretion, upon written notice, including, without limitation, by email notice.
Any access to or use of iSee360 to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with iSee360 (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access iSee360 or copy, display, distribute, perform or create derivative works from iSee360 app, webpages or other iSee360 intellectual property in violation of the TOU or for purposes inconsistent with the TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on iSee360 or any provision of the TOU that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of iSee360 webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of iSee360 pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of iSee360 in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of iSee360 in compliance with the TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of iSee360 in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the TOU.
6. USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
iSee360 and iSee360 Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold iSee360 and iSee360 Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by iSee360 or isee360 Representatives.
iSee360 may charge a fee to post content or for other features, products, services or licenses. You are responsible to iSee360 for any fees applicable to content that you post or other features, products, services or licenses you purchase or that are purchased through your account. You authorize iSee360, or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees.
Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider.
All Ad Sales are Final. No Refunds. iSee360 will not refund fees, in whole or in part, even if the service is suspended or canceled prior to the end of your ad lifecycle. We are not responsible for errors made in submitting your ad.
8. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties. iSee360 may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, iSee360 does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
10. DISCLAIMER / LIABILITY
ISEE360 AND THE ISEE360 REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON ISEE360 OR CONTENT ACCESSED THROUGH ISEE360 BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO ISEE360 OR CONTENT ACCESSED THROUGH ISEE360, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ISEE360 OR ANY ISEE360 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF ISEE360 OR CONTENT ACCESSED THROUGH ISEE360; ANY INABILITY TO ACCESS OR USE ISEE360 OR CONTENT ACCESSED THROUGH ISEE360; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF ISEE360 OR CONTENT ACCESSED THROUGH ISEE360.
• DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
• FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
• ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
You hereby release iSee360 and each of the iSee360 Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to iSee360 or content accessed through iSee360, or any interactions with others arising out of or related to iSee360 or content accessed through iSee360, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
11. SERVICE SUSPENSION: iSee360 reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
12. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not iSee360, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
13. COMPETITIONS: If you take part in any competition which is run in or through the App, you agree to be bound by the rules of that competition and any other rules specified by iSee360 from time to time and by the decisions of iSee360, which are final in all matters relating to the Competition. iSee360 reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
14. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and iSee360 concerning your use of the App.
iSee360 reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.
iSee360’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iSee360 in writing.
15.DROP OFF ZONE:
15a.PROHIBITED CONTENTS. The Drop off zone feature should be used solely for the purpose of storing and selling any personal property belonging to the user. The User agrees not to submit and store anything over 300lbs, improperly packaged food or perishable goods, flammable materials, explosives and other inherently dangerous material and shall not store any personal property which would result in the violation of any law or regulation of any governmental authority, including without limitation, all laws and regulations relating to Hazardous Materials, waste disposal and other environmental matters, and User shall comply with all laws, rules, regulations and ordinances of any and all governmental authorities concerning our storage service. User acknowledges that the use of the drop off zone for selling drugs, weapons, and animals is specifically prohibited.
15b.OCCUPANT’S DEFAULT. ISEE360 HAS A LIEN ON ALL PERSONAL PROPERTY STORED IN THE DROP OFF ZONE WAREHOUSE. PERSONAL PROPERTY STORED WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINUOUS THIRTY (30) DAY PERIOD AFTER DEFAULT. For purposes of iSee360 lien: “personal property” means movable property, not affixed to land, and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings. Isee360’s lien attaches as of the date the personal property is brought to the storage facility.
15c. ENFORCEMENT OF’S LIEN. If Occupant has been in default continuously for thirty (30) days, iSee360 may enforce its lien, provided iSee360 shall comply with the following procedure: The User shall be notified in writing or by email. Such notice shall be presumed delivered as of the date indicated on the email. iSee360’s notice to the User shall include an itemized statement of the Owner’s claim showing the sum due at the time of the notice and the date on which the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it. iSee360’s notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for sale to the highest bidder, at a specified time. After the expiration of the time given in the notice, iSee360 shall publish an advertisement of the sale to the highest bidder, once a week, for two consecutive weeks. The sale to the highest bidder shall take place not sooner than ten (10) days after the first publication. If no one purchases the property at the public sale and if iSee360 has complied with the foregoing procedures, iSee360 may otherwise dispose of the property and shall notify the User of the action taken. Any sale or disposition of the personal property shall be held at the storage facility or at the nearest suitable place to where the personal property is held or stored. Before any sale or other disposition of personal property pursuant to this agreement, the User may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter iSee360 shall have no liability to any person with respect to such personal property. A purchaser in good faith of the personal property sold to satisfy the lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by iSee360 with the requirements of this Agreement. In the event of a sale, iSee360 may satisfy the lien from the proceeds of the sale. iSee360 shall hold the balance of the proceeds, if any, for the user or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the “disposition of Unclaimed Property Act.”
16. CONTACT US: If you have any questions regarding our Terms and Conditions while using iSee360, or have questions about our practices, please contact us via email at email@example.com