This 360Stories Hosting Subscription Agreement, including the Location Post-Processing and Hosting Terms, Schematic Floor Plan Terms, the VR Terms, and the Exportable File Terms set forth below (collectively, the “Agreement”), sets forth the terms and conditions pursuant to which 360Stories Corp. (“360Stories”) will provide you or the entity that you represent (“You”) with the right to access and use the 360Stories Hosting and tools.
To access and use the 360Stories Hosting, You must click “Join” where indicated in the 360Stories Hosting user registration process. BY CLICKING “JOIN” IN CONNECTION WITH THIS AGREEMENT, BY ELECTRONICALLY OR MANUALLY SIGNING THIS AGREEMENT, OR BY OTHERWISE ACCESSING OR USING THE 360STORIES HOSTING, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS, CONDITIONS AND/OR NOTICES, YOU MAY NOT ACCESS OR USE THE 360STORIES HOSTING.
360Stories reserves the right to revise any portion of this Agreement in its sole discretion at any time and without prior notice to You by updating this posting. Thus, You should visit this page periodically for changes. If You disagree with any changes to this Agreement, Your sole remedy is to discontinue Your use of the 360Stories Hosting. Your continued use of the 360Stories Hosting after a change has been posted constitutes Your acceptance of the change thereafter.
The following capitalized terms will have the following meanings. Certain undefined capitalized terms will have the meaning set forth in the Content post-processing and Hosting Terms, the VR Terms, or the Embedding Terms.
“API” means an application programming interface.
“Authorized Users” means: (a) Your employees; (b) the employees of Your affiliated companies: (c) the employees of Your subcontractors and of the subcontractors of Your affiliated companies (during any period in which the subcontractor is providing services to You or Your affiliated company), and (d) any other third-party collaborators to whom You grant permission to access Your account in the 360Stories Hosting through their own individual log-in.
“Capture App” means the 360Stories mobile application or any other 360Stories or authorized 3rd party application that manages the collection of data for upload to the 360Stories Hosting.
“Marks” means the trademarks, logos and service marks of 360Stories Corp. and third parties displayed on the 360Stories Hosting or on 360Stories' other products and/or services.
“360Stories Apps” means the 360Stories Capture Application, VR App and Showcase App.
“Services” means the Processing and Hosting Service, the VR Service, the Embedding Service and any other services 360Stories provides from time to time through the 360Stories Hosting.
“Subscription Level” has the meaning set forth in Section 3.2 of these General Terms.
“Subscription Period” means, collectively, each monthly or annual subscription period described in Section 3.2 of these General Terms, as applicable, and any renewal thereof.
“VR” means virtual reality.
3.1 General. The Content Post-Processing and Hosting Terms, the VR Terms, and the Embedding Terms, as applicable, set forth the respective rights and obligations of You and 360Stories relating to Your use of those specific Services. No license to You set forth in this Agreement includes a license to source code of any kind. In addition to the restrictions set forth in this Agreement, You are only authorized to use the 360Stories Hosting in accordance with the Documentation. You will cause each Authorized User to comply with all applicable terms and conditions of this Agreement, and any breach of this Agreement caused by any Authorized User will be deemed a breach by You. 360Stories reserves the right to introduce other additional paid services and to modify or discontinue the Services or any other additional services at any time.
3.2 Subscriptions. Unless otherwise mutually agreed in writing with 360Stories, Your subscription to the 360Stories Hosting will be on either a monthly or an annual basis, commencing on the earlier to occur of: (a) the date You first upload to the 360Stories Hosting, or (b) if Your account is set up as part of a contract for professional filming. If You purchase a 360Stories Hosting-Only account, Your subscription will commence on the earlier to occur of (a) the date You first upload to the 360Stories Hosting or (b) fourteen (14) business days after Your account is set up. If 360Stories, in its discretion, provide You with a trial subscription, the subscription will commence on the date 360Stories authorizes such trial access. Your subscription will expire: (i) for monthly subscriptions, on the last day of the calendar month following the month in which Your subscription commenced; or (ii) for annual subscriptions, on the last day of the calendar month in which the one-year anniversary of Your subscription commencement date falls. Your subscription, whether monthly or annual, will automatically renew unless terminated as provided below. In the event You cancel Your subscription or 360Stories terminates this Agreement as set forth below, the Subscription Period will end on the last day of the calendar month in which You cancel Your subscription or on the date of 360Stories’ termination. To the extent offered in connection with Your subscription to the 360Stories Hosting, You will have the ability to select from several levels of subscription to the Services (“Subscription Levels”). Each Subscription Level You select will include the features for such Subscription Level described on the 360Stories Pricing page and will be subject to any applicable terms, conditions and restrictions set forth in the Content Post-Processing and Hosting Terms, the VR Terms, and the Embedding Terms. 360Stories reserves the right to modify the features and cost of any Subscription Level at any time.
3.3. Account. You shall provide 360Stories with complete and accurate information for Your 360Stories Hosting account, including Your billing and payment information, and keep such information up to date with 360Stories. You are responsible for maintaining the security and confidentiality of Your login information, including the password, associated with Your 360Stories Hosting account, and for all activities that occur under Your account. If You become aware of any unauthorized or illegal use of any such login information, You shall immediately notify 360Stories.
3.4. Restrictions. You shall not: (a) sell, lease, license, rent, resell or otherwise transfer Your access to the 360Stories Hosting, in whole or in part, to any third party that is not an Authorized User; (b) access or use any API provided by 360Stories without the prior written authorization of 360Stories; (c) reverse engineer, decompile, or disassemble the 360Stories content viewer or Embed code (or any component thereof); (d) modify or create any derivative work based on the 360Stories content viewer or 360Stories Embed code (or any component thereof) or any of the Documentation; (e) copy the 360Stories content viewer or 360Stories Embed code (or any component thereof); (f) remove any proprietary notice or label from any of the parts of hosting; or (g) take any action or omit to act in any way that would interfere with or disrupt the integrity or performance of the 360Stories content viewer or 360Stories Embed code, or adversely affect 360Stories' right, title or interest in. You also shall not use any deep-link, page-scrape, spider, robot, crawl, index, or another automatic device, program, algorithm or technology to use, access, copy, acquire information from, generate impressions on, input information to, store information on, search on, generate searches on or monitor any portion of the 360Stories Hosting, other than as explicitly permitted by Your subscription and 360Stories published APIs.
3.5. User Conduct. You shall not cause to be uploaded to the 360Stories Hosting (through an app or otherwise) any of the following: (a) any content subject to copyright that is not Your original work, unless You have permission from the rightful owner; (b) any confidential or private information of any third party (including private information displayed in any physical location that is captured in Raw Data) without the express consent of such third party; (c) any content that is harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable; or (d) any content that infringes or misappropriates any third party intellectual property right, or is invasive of any privacy or publicity right. You also agree not to use the 360Stories Hosting for any illegal or improper purpose, and not to conduct any activities that could damage, disable, overburden or impair the 360Stories Hosting.
3.6. Maintenance and Technical Support. 360Stories will use commercially reasonable efforts to keep the 360Stories Hosting operational, exclusive of downtime necessary for scheduled and emergency maintenance. 360Stories shall provide reasonable technical support to You, through email and support chat, during the hours of 9 a.m. to 5 p.m. US Eastern Time, Monday through Friday (excluding national holidays), for all issues relating to the operation and use of the 360Stories Hosting. Except as otherwise expressly provided in this Agreement, You are solely responsible for all development, operation, maintenance, content, and end-user support relating to Your website.
4.1. Subscription Fees. Except as provided below, Your right to access and use the 360Stories Hosting for each Subscription Period is subject to 360Stories' receipt of the then-applicable subscription fee for such Subscription Period. 360Stories will charge the initial subscription fee on the first day of the calendar month after Your 360Stories contract of professional filming is signed, along with the subscription fee for Your second month. The first month’s subscription fee will be prorated for Your subscription start date. Thereafter, until termination of the subscription, 360Stories will charge You the subscription fee in advance on the first of every month, for monthly subscriptions, or on the anniversary of Your initial subscription fee payment, for annual subscriptions. 360Stories reserves the right to modify the billing dates and/or the subscription fees at any time by posting revised fees on the 360Stories website. 360Stories further reserves the right, in its sole discretion, to offer unpaid trial subscriptions to the 360Stories Hosting in certain cases. In the event 360Stories provides You with a trial subscription, the terms of this Section 4.1 regarding subscription fees do not apply during the period of such trial subscription.
4.2. Additional Fees. In addition to the subscription fees, 360Stories will also have the right to charge You the other fees described in the Pricing page and Hosting Terms, the VR Terms, and the Embed Terms, as applicable, as well as additional fees for any other services You order under other applicable terms. The fees for all additional paid services are posted on the 360Stories website. 360Stories will bill You for all additional services according to the applicable billing schedule posted on the 360Stories website. 360Stories reserves the right to modify the additional fees at any time by posting revised fees on the 360Stories website.
4.3. Remedies; Taxes. 360Stories may suspend or terminate Your access to the 360Stories Hosting if any such payment is overdue, and 360Stories may impose a late fee equal to 1.5% per month or the maximum rate allowed by law, whichever is lower, on any overdue amounts. You are responsible for the payment of all applicable taxes and duties, if any, associated with Your subscription to the 360Stories Hosting and with Your contract for professional filming and other products and services associated with Your 360Stories Hosting account, excluding taxes based on 360Stories' income.
5.1. Personal Information; Privacy Policy. 360Stories may use certain information collected through the 360Stories Hosting as set forth in our Privacy Policy, which is incorporated by reference to this Agreement. As further provided in our Privacy Policy, 360Stories and its service providers may collect and use personal information and technical data and related information—including but not limited to technical information about Your device, system and application software, and peripherals—to facilitate the provision of the 360Stories Hosting and related services to You. One way in which 360Stories collects such data is through the use of cookies. As further described in our Privacy Policy, when users access the 360Stories Hosting, 360Stories sets cookies and tokens for various purposes, including keeping track of which users are logged in so 360Stories can show them only models and other content to which they are supposed to have access. Through Your use of the 360Stories Hosting, You consent to the collection, use and disclosure (as set forth herein and in the Privacy Policy) of information 360Stories and its service providers collect from You, including the transfer of this information within and between the United States and/or other countries for storage, processing, and use by 360Stories, its affiliated companies and service providers, and third parties with which it has strategic relationships.
5.2. Usage Data and Derived Data. You acknowledge and agree that 360Stories will collect through the 360Stories content viewer, and process and store on servers operated by 360Stories or on 360Stories' behalf, Derived Metadata (defined in the Location Post-Processing and Hosting Terms below). Except in the case in which 360Stories engages subcontractors to use and/or analyze such Derived Metadata on 360Stories' behalf subject to Section 6.5 of these General Terms, any such Derived Metadata that 360Stories shares with third parties will not contain information that directly identifies You individually; provided, however, that, for content that has been syndicated to third-party sites (by You or by 360Stories at Your direction), based on the 360Stories content ID, Derived Metadata that 360Stories shares with those third-party sites may be connected with identifying information that You have entered into the 360Stories system or that is included within the content.
6.1. Reservation of Rights. All rights in the 360Stories content viewer not expressly granted to You are reserved by 360Stories, including, but not limited to, the unrestricted right to grant access to the 360Stories Hosting to any third party in any form anywhere. Nothing in this Agreement is intended by the parties to constitute a sale of the software underlying the 360Stories content viewer or the Documentation, or any derivatives thereof. 360Stories reserves the right to modify the 360Stories content viewer at any time in 360Stories' discretion.
6.2. Title. The 360Stories content viewer (including the underlying software) and the Documentation are the valuable proprietary information and property of 360Stories and its licensors. All right, title, and interest (including all copyright, patent rights, and other intellectual property rights) in and to the 360Stories content viewer and the Documentation, and all derivatives thereof, shall remain with 360Stories and its licensors. You acknowledge the ownership and intellectual property rights of 360Stories and will not take any action to jeopardize, limit or interfere in any manner with such ownership or other rights.
6.3. Marks. The Marks displayed on the 360Stories content viewer or on 360Stories' other products or services are the property of 360Stories or third parties. You shall not use or allow the use of any Mark without the prior written consent of 360Stories or applicable third-party owner of the Mark. You shall not take steps to alter, cover, or otherwise obscure from view any Mark that is part of any Locations, VR the 360Stories Hosting, or other 360Stories technology used to generate or provide content. In the event, You display any trademark, logo, service mark, tradename or another branding on any page on which You display any Location or in any other place where You promote the use of viewer or 360Stories technology, You shall not do so in a manner that implies or reasonably could imply, that any portion of the 360Stories Hosting or other 360Stories technology used to generate or provide any Location is owned by You or any third party. Furthermore, except to the extent that 360Stories offers co-branding as an available feature or option within a product and service provided through the 360Stories Hosting, prior to displaying Your trademark, logo, service mark or tradename to directly brand or label Your display of any Location, You shall obtain the prior written consent of 360Stories and enter into a trademark license agreement with 360Stories obligating You to display Your trademark, logo, service mark or tradename in conjunction with the “Powered by 360Stories” logo.
6.4. Feedback. We may solicit, or You may elect to volunteer, feedback, ideas, or other suggestions regarding the 360Stories content viewer and/or embed (“Feedback”). You will not be obligated to provide Feedback to 360Stories. However, if You elect to provide any Feedback, You hereby assign to 360Stories, all right, title, and interest (including, without limitation, all intellectual property rights including patent rights, copyrights, and trade secrets) in such Feedback. Without additional consideration, You agree to perform all acts reasonably necessary for 360Stories to perfect and enforce such rights.
6.5. Subcontractors of 360Stories. 360Stories will have the right to permit subcontractors providing services to 360Stories to exercise any right You grant to 360Stories under this Agreement, provided that 360Stories will cause each such subcontractor to comply with all applicable terms and conditions of this Agreement.
THE 360STORIES CONTENT VIEWER, DOCUMENTATION AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. 360STORIES DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 360STORIES DOES NOT REPRESENT OR WARRANT THAT THE 360STORIES CONTENT VIEWER, DOCUMENTATION OR RELATED SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT ANY CONTENT GENERATED BY THE 360STORIES CONTENT VIEWER, DOCUMENTATION OR RELATED SERVICES WILL BE ACCURATE OR RELIABLE, THAT USE OF THE 360STORIES CONTENT VIEWER, DOCUMENTATION OR RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT ANY DEFECTS IN THE 360STORIES CONTENT VIEWER, DOCUMENTATION OR RELATED SERVICES WILL BE CORRECTED. 360STORIES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY LOCATION, VR SPACE, DERIVED IMAGERY, OR ANY ELEMENT OF THE 360STORIES CONTENT VIEWER, AND SUCH PERFORMANCE WILL VARY BASED ON THE USER’S SYSTEM.
IN NO EVENT WILL 360STORIES OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY OTHER CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF 360STORIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF 360STORIES AND ITS AFFILIATES AND LICENSORS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE 360STORIES CONTENT VIEWER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE, AND STRICT LIABILITY, EXCEED THE LESSER OF THE TOTAL AMOUNTS YOU PAID TO 360STORIES UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL 360STORIES OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY UNAUTHORIZED REDISTRIBUTION OR DISPLAY OF ANY LOCATION, VR CONTENT OR EMBED (OR PORTION THEREOF) BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION THROUGH ANY UNAUTHORIZED EMBEDDED LINKS OR CODE ON A THIRD PARTY WEBSITE OR APP. You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of this Agreement would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to You. Nothing in this Agreement excludes or limits any liability of 360Stories that cannot be excluded or limited under applicable law.
You acknowledge that by providing You access to the 360Stories content viewer, 360Stories does not assume any responsibility or liability for any risks associated with Your business. Accordingly, You shall defend, indemnify and hold harmless 360Stories, its affiliated companies, and their respective officers, directors, employees, licensors, subcontractors, and representatives from and against all claims, actions or suits by any third party, including all associated liability, judgments, fines, losses, costs, damages, settlements, and reasonable legal fees and expenses, arising out of or relating in any way to: (a) the conduct of Your business or the use of or inability to use the 360Stories content viewer or Embed; (b) Your breach of any of Your covenants, representations and/or warranties set forth in this Agreement; or (c) Your use, distribution, display or publication of any Showcase, App, Location, VR, or Embed Imagery. In the event of a claim in respect of which an indemnified 360Stories party seeks indemnification from You under this Section 9, 360Stories will promptly notify You in writing of the claim, cooperate with You in defending or settling the claim at Your expense, and allow You to control the defense and settlement of the claim, including the selection of attorneys; provided, however, that You shall not settle any claim unless such settlement completely and forever releases the indemnified 360Stories party from all liability with respect to such claim or unless the indemnified 360Stories party consents to such settlement in writing.
10.1. Term. The term of this Agreement will commence upon Your acceptance of this Agreement as set forth in Section 1 of these General Terms and, unless earlier terminated as set forth herein, will continue for the Subscription Period.
10.2. Termination by You. You may terminate this Agreement (canceling Your access to the 360Stories Hosting) at any time, provided that such termination will become effective as provided in Section 3.2 of these General Terms.
10.3. Termination by 360Stories. 360Stories may terminate this Agreement (and cancel Your access to the 360Stories Hosting or any component thereof) at any time if You have failed to pay any subscription fee or additional fees when due and failed to make such payment within thirty (30) days after receiving a reminder from 360Stories in writing. 360Stories may also terminate this Agreement (and cancel Your access to the 360Stories Hosting or any component thereof) prior to the end of any Subscription Period if You have committed any other material breach of this Agreement and failed to cure such material breach within ten (10) days after receiving written notice of the breach from 360Stories.
10.4. Effect of Expiration or Termination. Upon any expiration or termination of this Agreement: (a) Your access to the 360Stories Hosting (and access for every Authorized User under Your account) will be deactivated unless You enter into a new subscription on 360Stories' then available terms (and 360Stories may elect in its discretion not to offer You a renewal subscription to the 360Stories Hosting for a new Subscription Period); (b) 360Stories will have the right to continue to host and display any Location and VR as provided in the Content Post-Processing and Hosting Terms and VR Terms; (c) Your subscription fee (or any portion thereof) for the Subscription Period then in effect will not be refunded; and (d) any accrued and unpaid fees owed to 360Stories as of the date of expiration or termination will be immediately due and payable, and 360Stories will collect such fees by charging Your credit card on file or through other means. In the event that 360Stories terminates this Agreement pursuant to Section 10.3 of these General Terms, notwithstanding anything in the Content Post-Processing and Hosting Terms to the contrary, 360Stories will have no further obligation to deliver to You, or make available to You for download, any portion of Your Location, VR, or Embed.
10.5. Survival. Upon the expiration or termination of this Agreement, the rights and obligations of the parties will cease, except for the rights and obligations in all provisions of this Agreement that by their nature contemplate performance after the expiration or earlier termination hereof, including without limitation under Sections 1, 2, 3.1, 3.4, 5, 6, 7, 8, 9, 10.4 and 11 of these General Terms.
11.1. Notice to United States Government End Users. If You are the U.S. Government or if You are a contractor or subcontractor (at any tier) of the U.S. Government and are accessing the 360Stories Hosting for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, You acknowledge that by using the 360Stories Hosting, the 360Stories Hosting and all associated software and technology of 360Stories qualifies as commercial computer software and that any associated documentation qualifies as commercial computer software documentation within the meaning of the applicable acquisition regulations. The terms and conditions of this Agreement are fully applicable to the Government’s use of the 360Stories Hosting and associated software and documentation, and shall supersede any conflicting terms or conditions, unless otherwise prohibited by federal law or regulation.
11.2. Compliance with Law. You represent and warrant that: (a) You are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a country or region that is subject to a U.S. Government embargo (currently, Crimea, Cuba, Iran, North Korea, Syria and Venezuela); and (b) You are not on or, directly or indirectly, owned, in whole or part, by any person or persons on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons or any other U.S. government list of parties with respect to which transactions are forbidden or restricted. You shall not export, re-export, import, or transfer any good, service or other item that You received from 360Stories or Your right to access the 360Stories Hosting in violation of U.S. law or in any manner that is forbidden for U.S. citizens, including, without limitation, transfer to a country or region that is subject to a U.S. government embargo, and You shall not assist or facilitate others in doing any of the foregoing. You acknowledge that it is Your responsibility to comply with any and all applicable export and import and economic sanctions laws.
11.3. Governing Law; Venue. This Agreement shall be interpreted in accordance with the laws of the state of Delaware, USA without reference to its conflict of law provisions. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for Delaware, USA, and the parties specifically consent to Delaware, USA, as the exclusive venue for any such proceeding. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of which is expressly excluded.
11.4. Notices. Any notice required or permitted to be given by 360Stories under this Agreement shall be in writing and shall be delivered to the email address You provided in connection with Your registration for Your 360Stories Hosting account or Your contract associated with Your 360Stories Hosting account, by means of a service notice within Your account, or via registered mail return receipt requested or an internationally recognized courier addressed to the address You provided in connection with Your registration for Your 360Stories Hosting account. Any notice required or permitted to be given by You under this Agreement must be sent to 360Stories via registered mail or an internationally recognized courier to 137 W 25TH STREET, NEW YORK, NY, 10001, USA. Any such notice will be deemed to have been given when sent.
11.5. Severability. If any term of this Agreement or part hereof not essential to the commercial purpose of this Agreement shall be held to be illegal, invalid or unenforceable, it is the intention of the parties that the remaining terms hereof or part hereof shall constitute their agreement with respect to the subject matter hereof and thereof and all such remaining terms, or parts thereof, shall remain in full force and effect. To the extent legally permissible, any illegal, invalid or unenforceable provision of this Agreement shall be replaced by a valid provision which will implement the commercial purpose of the illegal, invalid or unenforceable provision.
11.6. Amendment; Waiver. No amendment of any provision of this Agreement shall be effective unless made in accordance with Section 1 of these General Terms or set forth in a writing signed by a representative of 360Stories and You, and then only to the extent specifically set forth therein. No course of dealing on the part of either party, nor any failure or delay by either party with respect to exercising any of its rights, powers or privileges under this Agreement or law shall operate as a waiver thereof. A waiver of any default is not a waiver of any subsequent default.
11.7. Assignment. Except as otherwise expressly provided in the Content Post-Processing and Hosting Terms, You may not assign or otherwise transfer any of Your rights hereunder without 360Stories' prior written consent, and any such attempt is void. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto.
11.8. Injunctive Relief. The parties acknowledge and agree that a material breach of this Agreement adversely affecting 360Stories' proprietary rights would cause irreparable harm to 360Stories for which a remedy at law would be inadequate and that 360Stories shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law.
11.9. Entire Agreement. Except as otherwise provided in Section 11.10 of these General Terms, this Agreement and any terms and policies incorporated herein by reference constitute the complete agreement between 360Stories and You concerning Your access to and use of the 360Stories Hosting, 360Stories content viewer and Documentation, and supersede any and all prior discussions, negotiations, agreements and representations between 360Stories and You related to the same subject matter. For avoidance of doubt, this Agreement supersedes and replaces the 360Stories Hosting Subscription Agreement that previously governed access to, and use of, the 360Stories Hosting, and any external reference to the 360Stories Hosting Subscription Agreement will be deemed to refer to this Agreement.
11.10. Customer List. Unless You notify 360Stories in writing that You do not wish for 360Stories to list Your name and logo, 360Stories will have the right to include, on its website and sales collateral, Your name and Your logo (if any) in lists that identify customers of the 360Stories Hosting, provided that Your name and logo shall be no more prominently featured than references to any other customers.
