Terms and condition
last updated on April 1, 2021.
360 Cyber Link’s mission is to improve lives
through learning. We enable anyone anywhere to create and share educational
content (Institutions and/or instructors) and to access that educational content to learn
(students). We consider our marketplace model the best way to offer valuable
educational content to our users. We need rules to keep our platform and
services safe for you, us, and our student and instructor community. These
Terms apply to all your activities on the 360 Cyber Link website, the 360 Cyber
Link mobile applications, our TV applications, our APIs, and other related
If you publish content on the 360 Cyber Link
platform, you must also agree to the Instructor
Terms. We also provide details regarding our processing of personal
data of our students and instructors in our Privacy
Policy. If you are using 360 Cyber Link for Business as part of your
organization’s 360 Cyber Link for Business subscription, you should consult
our 360 Cyber Link for Business Privacy Statement.
If you live in the United States or Canada, by
agreeing to these Terms, you agree to resolve disputes with 360 Cyber Link
through binding arbitration (with very limited exceptions, not in court), and
you waive certain rights to participate in class actions, as detailed in the
Dispute Resolution section.
Table of Contents
- 1. Accounts
- 2. Content Enrollment and Lifetime Access
- 3. Payments, Credits, and Refunds
- 4. Content and Behavior Rules
- 5. 360 Cyber Link’s Rights to Content You Post
- 6. Using 360 Cyber Link at Your Own Risk
- 7. 360 Cyber Link’s Rights
- 8. Subscription Terms
- 9. Miscellaneous Legal Terms
- 10. Dispute Resolution
- 11. Updating These Terms
- 12. How to Contact Us
You need an account for most activities on our platform. Keep your
password somewhere safe, because you’re responsible for all activity associated
with your account. If you suspect someone else is using your account, let us
know by contacting our Support Team. You must have reached the age of
consent for online services in your country to use 360 Cyber Link.
You need an account for most activities on our
platform, including to purchase and access content or to submit content for
publication. When setting up and maintaining your account, you must provide and
continue to provide accurate and complete information, including a valid email
address. You have complete responsibility for your account and everything that
happens on your account, including for any harm or damage (to us or anyone
else) caused by someone using your account without your permission. This means
you need to be careful with your password. You may not transfer your account to
someone else or use someone else’s account. If you contact us to request access
to an account, we will not grant you such access unless you can provide us with
the information that we need to prove you are the owner of that account. In the
event of the death of a user, the account of that user will be closed.
You may not share your account login credentials
with anyone else. You are responsible for what happens with your account and 360
Cyber Link will not intervene in disputes between students or instructors who
have shared account login credentials. You must notify us immediately upon
learning that someone else may be using your account without your permission
(or if you suspect any other breach of security) by contacting our Support
Team. We may request some information from you to confirm that you
are indeed the owner of your account.
Students and instructors must be at least 18 years
of age to create an account on 360 Cyber Link and use the Services. If you are
younger than 18 but above the required age for consent to use online services
where you live (for example, 13 in the US or 16 in Ireland), you may not set up
an account, but we encourage you to invite a parent or guardian to open an
account and help you access content that is appropriate for you. If you are
below this age of consent to use online services, you may not create a 360
Cyber Link account. If we discover that you have created an account that
violates these rules, we will terminate your account. Under our Instructor
Terms, you may be requested to verify your identity before you are
authorized to submit content for publication on 360 Cyber Link.
2. Content Enrollment and Lifetime Access
When you enroll in a course or other content, you get a license from us
to view it via the 360 Cyber Link Services and no other use. Don’t try to
transfer or resell content in any way. We generally grant you a lifetime access
license, except when we must disable the content because of legal or policy
reasons or for enrollments via Subscription Plans.
Under our Instructor
Terms, when instructors publish content on 360 Cyber Link, they
grant 360 Cyber Link a license to offer a license to the content to students.
This means that we have the right to sublicense the content to enrolled
students. As a student, when you enroll in a course or other content, whether
it’s free or paid content, you are getting a license from 360 Cyber Link to
view the content via the 360 Cyber Link platform and Services, and 360 Cyber
Link is the licensor of record. Content is licensed, and not sold, to you. This
license does not give you any right to resell the content in any manner
(including by sharing account information with a purchaser or illegally
downloading the content and sharing it on torrent sites).
In legal, more complete terms, 360 Cyber Link
grants you (as a student) a limited, non-exclusive, non-transferable license to
access and view the content for which you have paid all required fees, solely
for your personal, non-commercial, educational purposes through the Services,
in accordance with these Terms and any conditions or restrictions associated
with the particular content or feature of our Services. All other uses are
expressly prohibited. You may not reproduce, redistribute, transmit, assign,
sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative
works of, sublicense, or otherwise transfer or use any content unless we give
you explicit permission to do so in a written agreement signed by a 360 Cyber
Link authorized representative. This also applies to content you can access via
any of our APIs.
We generally give a lifetime access license to our
students when they enroll in a course or other content. However, we reserve the
right to revoke any license to access and use any content at any point in time
in the event where we decide or are obligated to disable access to the content
due to legal or policy reasons, for example, if the course or other content you
enrolled in is the object of a copyright complaint, or if we determine it
violates our Trust & Safety Guidelines. This lifetime
access license does not apply to enrollments via Subscription Plans or to
add-on features and services associated with the course or other content you
enroll in. For example, instructors may decide at any time to no longer provide
teaching assistance or Q&A services in association with the content. To be
clear, the lifetime access is to the course content but not to the instructor.
Instructors may not grant licenses to their content
to students directly, and any such direct license shall be null and void and a
violation of these Terms.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you
aren’t happy with your content, 360 Cyber Link offers a 30-day refund or credit
for most content purchases.
The prices of content on 360 Cyber Link are determined
based on the terms of the Promotions
Policy. In some instances, the price of content offered on the 360
Cyber Link website may not be exactly the same as the price offered on our
mobile or TV applications, due to mobile platform providers’ pricing systems
and their policies around implementing sales and promotions.
We occasionally run promotions and sales for our
content, during which certain content is available at discounted prices for a
set period of time. The price applicable to the content will be the price at
the time you complete your purchase of the content (at checkout). Any price
offered for particular content may also be different when you are logged into
your account from the price available to users who aren’t registered or logged
in, because some of our promotions are available only to new users.
If you are logged into your account, the listed
currency you see is based on your location when you created your account. If
you are not logged into your account, the price currency is based on the
country where you are located. We do not enable users to see pricing in other
If you are a student located in a country where use
and sales tax, goods and services tax, or value added tax is applicable to
consumer sales, we are responsible for collecting and remitting that tax to the
proper tax authorities. Depending on your location, the price you see may include
such taxes, or tax may be added at checkout.
You agree to pay the fees for content that you
purchase, and you authorize us to charge your debit or credit card or process
other means of payment (such as VISA, Bank deposit, direct debit, or mobile wallet)
for those fees. 360 Cyber Link works with payment service providers to offer
you the most convenient payment methods in your country and to keep your
payment information secure. We may update your payment methods using
When you make a purchase, you agree not to use an
invalid or unauthorized payment method. If your payment method fails and you
still get access to the content you are enrolling in, you agree to pay us the
corresponding fees within thirty (30) days of notification from us. We reserve
the right to disable access to any content for which we have not received
3.3 Refunds and Refund Credits
If the content you purchased is not what you were expecting, you can request, within 30 days of your purchase of the content, that 360 Cyber Link apply a refund to your account. This refund option does not apply to Subscription Plan purchases, which are covered in Section 8.4 below. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the platform from which you purchased your content (website, mobile or TV app), and other factors. No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. 360 Cyber Link also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.
If we decide to issue refund credits to your
account, they will be automatically applied towards your next content purchase
on our website, but can’t be used for purchases in our mobile or TV
applications. Refund credits may expire if not used within the specified period
and have no cash value, in each case unless otherwise required by applicable
At our discretion, if we believe you are abusing
our refund policy, such as if you’ve consumed a significant portion of the
content that you want to refund or if you’ve previously refunded the content,
we reserve the right to deny your refund, restrict you from other future
refunds, ban your account, and/or restrict all future use of the Services.
3.4 Gift and Promotional Codes
360 Cyber Link or our partners may offer gift and
promotional codes to students. Certain codes may be redeemed for gift or promotional
credits applied to your 360 Cyber Link account, which then may be used to
purchase eligible content on our platform, subject to the terms included with
your codes. Other codes may be directly redeemable for specific content. Gift
and promotional credits can’t be used for purchases in our mobile or TV
These codes and credits, as well as any promotional
value linked to them, may expire if not used within the period specified in
your 360 Cyber Link account. Gift and promotional codes offered by 360 Cyber
Link may not be refunded for cash, unless otherwise specified in the terms
included with your codes or as required by applicable law. Gift and promotional
codes offered by a partner are subject to that partner’s refund policies. If
you have multiple saved credit amounts, 360 Cyber Link may determine which of
your credits to apply to your purchase. Check out our Support
Page and any terms included with your codes for more details.
4. Content and Behavior Rules
You can only use 360 Cyber Link for lawful purposes. You’re responsible
for all the content that you post on our platform. You should keep the reviews,
questions, posts, courses and other content you upload in line with our Trust
& Safety Guidelines and the law, and respect the
intellectual property rights of others. We can ban your account for repeated or
major offenses. If you think someone is infringing your copyright on our
platform, let us know.
You may not access or use the Services or create an
account for unlawful purposes. Your use of the Services and behavior on our
platform must comply with applicable local or national laws or regulations of
your country. You are solely responsible for the knowledge of and compliance
with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to
ask questions to the instructors of courses or other content you are enrolled
in, and to post reviews of content. For certain content, the instructor may
invite you to submit content as “homework” or tests. Don’t post or submit
anything that is not yours.
If you are an instructor, you can submit content
for publication on the platform and you can also communicate with the students
who have enrolled in your courses or other content. In both cases, you must
abide by the law and respect the rights of others: you cannot post any course,
question, answer, review or other content that violates applicable local or
national laws or regulations of your country. You are solely responsible for
any courses, content, and actions you post or take via the platform and
Services and their consequences. Make sure you understand all the copyright
restrictions set forth in the Instructor
Terms before you submit any content for publication on 360
If we are put on notice that your course or content
violates the law or the rights of others (for example, if it is established
that it violates intellectual property or image rights of others, or is about
an illegal activity), if we discover that your content or behavior violates
our Trust & Safety Guidelines, or if we believe your
content or behavior is unlawful, inappropriate, or objectionable (for example
if you impersonate someone else), we may remove your content from our platform.
360 Cyber Link complies with copyright laws.
360 Cyber Link has discretion in enforcing these
Terms and our Trust & Safety Guidelines. We may restrict
or terminate your permission to use our platform and Services or ban your
account at any time, with or without notice, for any or no reason, including
for any violation of these Terms, if you fail to pay any fees when due, for
fraudulent chargeback requests, upon the request of law enforcement or
government agencies, for extended periods of inactivity, for unexpected
technical issues or problems, if we suspect that you engage in fraudulent or
illegal activities, or for any other reason in our sole discretion. Upon any
such termination we may delete your account and content, and we may prevent you
from further access to the platforms and use of our Services. Your content may
still be available on the platforms even if your account is terminated or
suspended. You agree that we will have no liability to you or any third party
for termination of your account, removal of your content, or blocking of your
access to our platforms and services.
If a user has published content that infringes your
copyright or trademark rights, please let us know. Our Instructor
Terms require our instructors to follow the law and respect the
intellectual property rights of others. For more details on how to file a
copyright or trademark infringement claim with us, see our Intellectual
5. 360 Cyber Link’s Rights to Content You Post
You retain ownership of content you post to our platform, including your
courses. We’re allowed to share your content to anyone through any media,
including promoting it via advertising on other websites.
The content you post as a student or instructor
(including courses) remains yours. By posting courses and other content, you
allow 360 Cyber Link to reuse and share it but you do not lose any ownership
rights you may have over your content. If you are an instructor, be sure to
understand the content licensing terms that are detailed in the Instructor
When you post content, comments, questions,
reviews, and when you submit to us ideas and suggestions for new features or
improvements, you authorize 360 Cyber Link to use and share this content with
anyone, distribute it and promote it on any platform and in any media, and to
make modifications or edits to it as we see fit.
In legal language, by submitting or posting content
on or through the platforms, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy, reproduce,
process, adapt, modify, publish, transmit, display, and distribute your content
(including your name and image) in any and all media or distribution methods
(existing now or later developed). This includes making your content available
to other companies, organizations, or individuals who partner with 360 Cyber
Link for the syndication, broadcast, distribution, or publication of content on
other media, as well as using your content for marketing purposes. You also
waive any rights of privacy, publicity, or other rights of a similar nature
applicable to all these uses, to the extent permissible under applicable law.
You represent and warrant that you have all the rights, power, and authority
necessary to authorize us to use any content that you submit. You also agree to
all such uses of your content with no compensation paid to you.
6. Using 360 Cyber Link at Your Own Risk
Anyone can use 360 Cyber Link to create and publish content and
instructors and we enable instructors and students to interact for teaching and
learning. Like other platforms where people can post content and interact, some
things can go wrong, and you use 360 Cyber Link at your own risk.
Our platform model means we do not review or edit
the content for legal issues, and we are not in a position to determine the
legality of content. We do not exercise any editorial control over the content
that is available on the platform and, as such, do not guarantee in any manner
the reliability, validity, accuracy, or truthfulness of the content. If you
access content, you rely on any information provided by an instructor at your
By using the Services, you may be exposed to
content that you consider offensive, indecent, or objectionable. 360 Cyber Link
has no responsibility to keep such content from you and no liability for your
access or enrollment in any course or other content, to the extent permissible
under applicable law. This also applies to any content relating to health,
wellness, and physical exercise. You acknowledge the inherent risks and dangers
in the strenuous nature of these types of content, and by accessing such
content you choose to assume those risks voluntarily, including risk of
illness, bodily injury, disability, or death. You assume full responsibility
for the choices you make before, during, and after your access to the content.
When you interact directly with a student or an
instructor, you must be careful about the types of personal information that
you share. While we restrict the types of information instructors may request
from students, we do not control what students and instructors do with the
information they obtain from other users on the platform. You should not share
your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we
responsible or liable for any interactions involved between instructors and students.
We are not liable for disputes, claims, losses, injuries, or damage of any kind
that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to
other websites that we don’t own or control. We are not responsible for the
content or any other aspect of these third-party sites, including their
collection of information about you. You should also read their terms and
conditions and privacy policies.
7. 360 Cyber Link’s Rights
We own the 360 Cyber Link platform and Services, including the website,
present or future apps and services, and things like our logos, API, code, and
content created by our employees. You can’t tamper with those or use them
All right, title, and interest in and to the 360
Cyber Link platform and Services, including our website, our existing or future
applications, our APIs, databases, and the content our employees or partners
submit or provide through our Services (but excluding content provided by
instructors and students) are and will remain the exclusive property of 360
Cyber Link and its licensors. Our platforms and services are protected by
copyright, trademark, and other laws of both the United States and foreign
countries. Nothing gives you a right to use the 360 Cyber Link name or any of
the 360 Cyber Link trademarks, logos, domain names, and other distinctive brand
features. Any feedback, comments, or suggestions you may provide regarding 360
Cyber Link or the Services is entirely voluntary and we will be free to use
such feedback, comments, or suggestions as we see fit and without any
obligation to you.
You may not do any of the following while accessing
or using the 360 Cyber Link platform and Services:
- access, tamper with, or use non-public areas
of the platform (including content storage), 360 Cyber Link’s computer systems,
or the technical delivery systems of 360 Cyber Link’s service providers.
- disable, interfere with, or try to circumvent
any of the features of the platforms related to security or probe, scan,
or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of,
reverse engineer, reverse assemble, or otherwise attempt to discover any
source code of or content on the 360 Cyber Link platform or Services.
- access or search or attempt to access or
search our platform by any means (automated or otherwise) other than
through our currently available search functionalities that are provided
via our website, mobile apps, or API (and only pursuant to those API terms
and conditions). You may not scrape, spider, use a robot, or use other
automated means of any kind to access the Services.
- in any way use the Services to send altered,
deceptive, or false source-identifying information (such as sending email
communications falsely appearing as 360 Cyber Link); or interfere with, or
disrupt, (or attempt to do so), the access of any user, host, or network,
including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the platforms or services, or in any other
manner interfering with or creating an undue burden on the Services.
8. Subscription Terms
This section covers additional terms that apply to
your use of our subscription-based collections as a student (“Subscription
Plans”). By using a Subscription Plan, you agree to the additional terms in
this section. Note that use of 360 Cyber Link for Business is not subject to
these Terms, but is instead governed by the agreement between 360 Cyber Link
and the subscribing organization.
8.1 Subscription Plans
During your subscription to a Subscription Plan,
you get a limited, non-exclusive, non-transferable license from us to access
and view the content included in that Subscription Plan via the Services. With
the exception of the lifetime access license grant, the terms included in the
“Content Enrollment and Lifetime Access” section above apply to enrollments via
The subscription that you purchase or renew
determines the scope, features, and price of your access to a Subscription
Plan. You may not transfer, assign, or share your subscription with anyone
We reserve the right to revoke any license to use
the content in our Subscription Plans for legal or policy reasons at any time
and at our sole discretion, such as if we no longer have the right to offer the
content through a Subscription Plan. Additional information on our right to
revoke is included in the “Content Enrollment and Lifetime Access” section.
8.2 Account Management
You may cancel your subscription by following the
steps outlined on our Support
Page. If you cancel your subscription to a Subscription Plan, your
access to that Subscription Plan will automatically end on the last day of your
billing period. On cancellation, you will not be entitled to receive a refund
or credit of any fees already paid for your subscription, unless otherwise
required by applicable law. For clarity, cancellation of a subscription does
not terminate your 360 Cyber Link account.
8.3 Free Trials & Renewals
Your subscription may start with a free trial. The
duration of the free trial period of your subscription will be specified during
sign-up. 360 Cyber Link determines free trial eligibility at our sole
discretion and may limit eligibility or duration. We reserve the right to
terminate the free trial and suspend your subscription if we determine that you
We will charge the subscription fee for your next
billing cycle at the end of the free trial period. Your subscription will
automatically renew according to your subscription settings (e.g., monthly or
annually) unless you cancel your subscription prior to the end of the free
trial period. For more information on how to view applicable fees and dates of
your free trial period, visit our Support
8.4 Payments and Billing
The subscription fee will be listed at the time of
your purchase. You can visit our Support
Page. to learn more about where to find the fees and dates
applicable to your subscription. We may also be required to add taxes to your
subscription fee as described in the “Payments, Credits, and Refunds” section
above. Payments are non-refundable and there are no refunds or credits for
partially used periods, unless otherwise required by applicable law.
To subscribe to a Subscription Plan, you must
provide a payment method. By subscribing to a Subscription Plan and providing
your billing information during checkout, you grant us and our payment service
providers the right to process payment for the then-applicable fees via the
payment method we have on record for you. At the end of each subscription term,
we will automatically renew your subscription for the same length of term and
process your payment method for payment of the then-applicable fees.
In the event that we update your payment method
using information provided by our payment service providers (as described in
the “Payments, Credits, and Refunds” section above), you authorize us to
continue to charge the then-applicable fees to your updated payment method.
If we are unable to process payment through the
payment method we have on file for you, or if you file a chargeback disputing
charges made to your payment method and the chargeback is granted, we may
suspend or terminate your subscription.
We reserve the right to change our Subscription
Plans or adjust pricing for our Services at our sole discretion. Any price
changes or changes to your subscription will take effect following notice to
you, except as otherwise required by applicable law.
8.5 Subscription Disclaimers
We make no guarantees as to the availability of any
specific content in any Subscription Plan or as to any minimum amount of
content in any Subscription Plan. At any point in the future, we reserve the
right to offer or cease to offer additional features to any Subscription Plan,
or to otherwise modify or terminate a Subscription Plan at our sole discretion.
These disclaimers are in addition to those listed in the “Disclaimers” section
9. Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but
important legal terms that protect us from the countless things that could
happen and that clarify the legal relationship between us and you.
9.1 Binding Agreement
You agree that by registering, accessing, or using
our Services, you are agreeing to enter into a legally binding contract with 360
Cyber Link. If you do not agree to these Terms, do not register, access, or
otherwise use any of our Services.
If you are an instructor accepting these Terms and
using our Services on behalf of a company, organization, government, or other
legal entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than
English is provided for convenience and you understand and agree that the
English language will control if there is any conflict.
These Terms (including any agreements and policies
linked from these Terms) constitute the entire agreement between you and us
(which include, if you are an instructor, the Instructor
Terms and the Promotions
If any part of these Terms is found to be invalid
or unenforceable by applicable law, then that provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of these Terms will continue
Even if we are delayed in exercising our rights or
fail to exercise a right in one case, it doesn’t mean we waive our rights under
these Terms, and we may decide to enforce them in the future. If we decide to
waive any of our rights in a particular instance, it doesn’t mean we waive our
rights generally or in the future.
The following sections shall survive the expiration
or termination of these Terms: Sections 2 (Content Enrollment and Lifetime
Access), 5 (360 Cyber Link’s Rights to Content You Post), 6 (Using 360 Cyber
Link at Your Own Risk), 7 (360 Cyber Link’s Rights), 8.5 (Subscription
Disclaimers), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
It may happen that our platform is down, either for
planned maintenance or because something goes down with the site. It may happen
that one of our instructors is making misleading statements in their content.
It may also happen that we encounter security issues. These are just examples.
You accept that you will not have any recourse against us in any of these types
of cases where things don’t work out right. In legal, more complete
language, the Services and their content are provided on an “as is” and
“as available” basis. We (and our affiliates, suppliers, partners, and agents)
make no representations or warranties about the suitability, reliability,
availability, timeliness, security, lack of errors, or accuracy of the Services
or their content, and expressly disclaim any warranties or conditions (express
or implied), including implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. We (and our affiliates,
suppliers, partners, and agents) make no warranty that you will obtain specific
results from use of the Services. Your use of the Services (including any
content) is entirely at your own risk. Some jurisdictions don’t allow the
exclusion of implied warranties, so some of the above exclusions may not apply
We may decide to cease making available certain
features of the Services at any time and for any reason. Under no circumstances
will 360 Cyber Link or its affiliates, suppliers, partners or agents be held
liable for any damages due to such interruptions or lack of availability of
We are not responsible for delay or failure of our
performance of any of the Services caused by events beyond our reasonable
control, like an act of war, hostility, or sabotage; natural disaster;
electrical, internet, or telecommunication outage; or government restrictions.
9.3 Limitation of Liability
There are risks inherent to using our Services, for
example, if you access health and wellness content like yoga, and you injure
yourself. You fully accept these risks and you agree that you will have no
recourse to seek damages against even if you suffer loss or damage from using
our platform and Services. In legal, more complete language, to the
extent permitted by law, we (and our group companies, suppliers, partners, and agents)
will not be liable for any indirect, incidental, punitive, or consequential
damages (including loss of data, revenue, profits, or business opportunities,
or personal injury or death), whether arising in contract, warranty, tort,
product liability, or otherwise, and even if we’ve been advised of the
possibility of damages in advance. Our liability (and the liability of each of
our group companies, suppliers, partners, and agents) to you or any third
parties under any circumstance is limited to the greater of one hundred dollars
($100) or the amount you have paid us in the twelve (12) months before the
event giving rise to your claims. Some jurisdictions don’t allow the exclusion
or limitation of liability for consequential or incidental damages, so some of
the above may not apply to you.
If you behave in a way that gets us in legal
trouble, we may exercise legal recourse against you. You agree to indemnify,
defend (if we so request), and hold harmless 360 Cyber Link, our group
companies, and their officers, directors, suppliers, partners, and agents from
an against any third-party claims, demands, losses, damages, or expenses
(including reasonable attorney fees) arising from (a) the content you post or
submit, (b) your use of the Services (c) your violation of these Terms, or (d)
your violation of any rights of a third party. Your indemnification obligation
will survive the termination of these Terms and your use of the Services.
9.5 Governing Law and Jurisdiction
When these Terms mention “360 Cyber Link,” they’re
referring to the 360 Cyber Link entity that you’re contracting with. If you’re
a student, your contracting entity and governing law will generally be
determined based on your location.
If you’re a student located in India, you’re
contracting with 360 Cyber Link India LLP and these Terms are governed by the
laws of India, without reference to its choice or conflicts of law principles,
and you consent to the exclusive jurisdiction and venue of the courts in Delhi,
If you’re a student located in a geographical
region other than India, or if you’re accessing our Services as an instructor,
you’re contracting with 360 Cyber Link, Inc. and these Terms are governed by
the laws of the State of California, USA without reference to its choice or
conflicts of law principles. In cases where the “Dispute Resolution” section
below doesn’t apply to you, you consent to the exclusive jurisdiction and venue
of federal and state courts in San Francisco, California, USA.
9.6 Legal Actions and Notices
No action, regardless of form, arising out of or
relating to this Agreement may be brought by either party more than one (1)
year after the cause of action has accrued, except where this limitation cannot
be imposed by law.
Any notice or other communication to be given
hereunder will be in writing and given by registered or certified mail return
receipt requested, or email (by us to the email associated with your account or
by you to notices@360 Cyber Link.com).
9.7 Relationship Between Us
You and we agree that no joint venture,
partnership, employment, contractor, or agency relationship exists between us.
9.8 No Assignment
You may not assign or transfer these Terms (or the
rights and licenses granted under them). For example, if you registered an
account as an employee of a company, your account cannot be transferred to
another employee. We may assign these Terms (or the rights and licenses granted
under them) to another company or person without restriction. Nothing in these
Terms confers any right, benefit, or remedy on any third-party person or entity.
You agree that your account is non-transferable and that all rights to your
account and other rights under these Terms terminate upon your death.
9.9 Sanctions and Export Laws
You warrant that you (as an individual or as a
representative of any entity on whose behalf you use the Services) aren’t
located in, or a resident of, any country that is subject to applicable U.S.
trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or
the Crimea region of Ukraine). You also warrant that you aren’t a person or
entity who is named on any U.S. government specially designated national or
If you become subject to such a restriction during
the term of any agreement with 360 Cyber Link, you will notify us within 24
hours, and we will have the right to terminate any further obligations to you,
effective immediately and with no further liability to you (but without
prejudice to your outstanding obligations to 360 Cyber Link).
You may not access, use, export, re-export, divert,
transfer or disclose any portion of the Services or any related technical
information or materials, directly or indirectly, in violation of any United
States and other applicable country export control and trade sanctions laws,
rules and regulations. You agree not to upload any content or technology
(including information on encryption) whose export is specifically controlled
under such laws.
10. Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve the issue.
10.1 No Class Actions
We both agree that we can each only bring claims
against the other on an individual basis. This means: (a) neither of us can
bring a claim as a plaintiff or class member in a class action, consolidated
action, or representative action; (b) an arbitrator can’t combine multiple
people’s claims into a single case (or preside over any consolidated, class, or
representative action); and (c) an arbitrator’s decision or award in one
person’s case can only impact that user, not other users, and can’t be used to
decide other users’ disputes. If a court decides that this “No class actions”
clause isn’t enforceable or valid, then this “Dispute Resolution” section will
be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section
below, if 360 Cyber Link changes this "Dispute Resolution" section
after the date you last indicated acceptance to these Terms, you may reject any
such change by providing 360 Cyber Link written notice of such rejection by
mail or hand delivery to 360 Cyber Link Attn: Legal, 600 Harrison Street, 3rd
Floor, San Francisco, CA 94107, or by email from the email address associated
with your Account to notices@360 Cyber Link.com, within 30 days of the date
such change became effective, as indicated by the "last updated on"
language above. To be effective, the notice must include your full name and
clearly indicate your intent to reject changes to this "Dispute
Resolution" section. By rejecting changes, you are agreeing that you will
arbitrate any dispute between you and 360 Cyber Link in accordance with the
provisions of this "Dispute Resolution" section as of the date you
last indicated acceptance to these Terms.
11. Updating These Terms
From time to time, we may update these Terms to
clarify our practices or to reflect new or different practices (such as when we
add new features), and 360 Cyber Link reserves the right in its sole discretion
to modify and/or make changes to these Terms at any time. If we make any
material change, we will notify you using prominent means, such as by email
notice sent to the email address specified in your account or by posting a
notice through our Services. Modifications will become effective on the day
they are posted unless stated otherwise.
Your continued use of our Services after changes
become effective shall mean that you accept those changes. Any revised Terms
shall supersede all previous Terms.
12. How to Contact Us
The best way to get in touch with us is to contact
Team. We’d love to hear your questions, concerns, and feedback about
Thanks for teaching and learning with us!