Welcome to 360Go!
Intellectual Property Statement
- 360 owns and retains all right, title, and interest in and to the Website. All intellectual property, trademark rights and patent rights in the Website and all information related to the Website, are under the protection of national or regional intellectual property laws and regulations.
- 360 owns and retains all right, title and interest in and to use the names of Qihoo 360 (or Qihu, or Qihu 360 or 360 or 360Go, etc.), the logo and the product names associated with the Website and the 360Go services, and does not grant you any right or license to use them except in accordance with this Agreement.
User Conduct and Compliance with Laws
- Use of the Website is subject to all applicable local, state, federal and international laws and regulations. You agree to comply with such laws and regulations.
- You agree not to:
- use the Website or 360Go Services for any illegal purposes;
- frame or utilize framing techniques to enclose any element, including without limitation, any text, graphics, images or trademark on the Website (collectively, "Elements")
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website;
- use the Website or any features available on the Website in any manner with the intent to interrupt, damage, disable, overburden or impair the Website or our services;
- gather, obtain, use, access or otherwise copy the Website or any Elements thereof by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind;
- engage in any activity that interferes with other user's access, use or enjoyment of this Website and 360Go Services;
- intentionally mislead or deceive other person by using this Website;
- use the Website to improperly access a computer or mobile network or use any computer or mobile network resources without permission;
- use the Website to delete, modify or augment the function of any computer or mobile network without permission;
- use the Website to delete, modify or increase the data and/or applications stored, processed or transferred in any computer or mobile network without permission;
- use the Website to perform any other act intended to harm the security of any computer or mobile network; or
- use the Website to disrupt of the normal operation of any software on the device, the 360 website, or propagate any malware.
360Go provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “360Go Services").
You understand and agree that the 360Go Services may include advertisements and that these advertisements are necessary for 360Go to provide the 360Go Services. You also understand and agree that the 360Go Services may include certain communications from 360Go, such as service announcements, administrative messages and the 360Go Newsletter, and that these communications are considered as part of 360Go membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current 360Go Services, including the release of new 360Go properties, shall be subject to the this Agreement. You understand and agree that the 360Go Services is provided "AS-IS" and that 360Go assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the 360Go Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the 360Go Services.
You understand that the technical processing and transmission of the 360Go Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that 360Go has created certain areas on the 360Go Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
Support Services and Upgrades
Qihu 360 Software Co., Ltd. may provide you with support services related to the Website ("Support Services").
- Technical Support: Certain technical support features may be offered by 360 for the Website and may include live chat with a technical support consultant. Any such technical support shall be provided in 360's sole discretion without any guaranty or warranty of any kind. 360 reserves the right to refuse, suspend or terminate any of the technical support at its sole discretion. You are responsible for backing up of all your existing data, software and programs before accessing any technical support.
- Modification and Upgrade: 360 reserves the right to suspend, modify and upgrade the Website at any time with or without notifying you.
- The Website will not (1) collect any information unrelated to use of the Website; or (2) disclose any of your personal data to any third party without your consent.
Legal Liability and Disclaimer
- WHILE 360 ENDEAVOURS TO ENSURE THAT THE INFORMATION IT PROVIDES ON THIS WEBSITE IS CORRECT, IT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND. NO WARRANTY, EXPRESS OR IMPLIED, IS GIVEN THAT ANY OF THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE OR UP TO DATE. 360 DOES NOT ACCEPT ANY LIABILITY FOR ANY ERROR OR OMISSION OF ANY CONTENT ON THIS WEBSITE, INCLUDING CONTENT PROVIDED BY US OR ANY AFFILIATED ENTITIES OR OTHER THIRD PARTIES.
- USE OF THIS WEBSITE AND ANY CONTENT ON ANY PART OF IT IS AT YOUR OWN RISK. 360 SHALL NOT BE LIABLE TO ANY USERS OF THIS WEBSITE AND ANY THIRD PARTIES FOR ANY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM A USER’S OR THIRD PARTY'S USE OR INABILITY TO USE THIS WEBSITE OR ANY PART OF IT.
- 360 SHALL NOT BE LIABLE FOR ANY LOSSES TO YOU DUE TO A THIRD PARTY'S COMMUNICATION ERROR, TECHNICAL PROBLEM, NETWORK OR COMPUTER FAILURE, SYSTEM INSTABILITY, OR OTHER FORCE MAJEURE EVENTS.
- IF YOU VIOLATE THIS AGREEMENT OR THE RELATED TERMS OF SERVICE, RESULTING IN ANY CLAIM, DAMAGE OR LOSS TO 360, 360 MAY TAKE MEASURES INCLUDING BUT NOT LIMITED TO TERMINATING PROVISION OF 360GO SERVICES, RESTRICTING USE OF 360GO SERVICES AND/OR TAKING ANY NECESSARY LEGAL OR ADMINISTRATIVE ACTIONS.
- WHILE 360 MAKES ALL REASONABLE ATTEMPTS TO EXCLUDE VIRUSES OR OTHER CODE WITH CONTAMINATING OR DISRUPTIVE PROPERTIES FROM THE WEBSITE, IT CANNOT ENSURE SUCH EXCLUSION AND NO LIABILITY IS ACCEPTED FOR VIRUSES AND ANY COMPUTER CODE/SOFTWARE. YOU ARE RECOMMENDED TO TAKE ALL APPROPRIATE SAFEGUARDS BEFORE ACCESSING OR DOWNLOADING INFORMATION FROM THE WEBSITE.
- 360 HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY'S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENT, ADVERTISEMENTS, OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- 360 DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. 360 DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT 360 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY THEM.
- SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL 360'S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE 360GO SERVICES.
- IF YOU ARE DISSATISFIED OR HARMED BY 360 OR ANY PORTION OF THE WEBSITE, YOU MAY DISCONTINUE USING THE WEBSITE, AND SUCH DISCONTINUANCE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
- As a condition of use of the Website you agree to indemnify 360, its affiliates, partners, officers, directors, employees and agents from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys' fees) arising from your violation of any term of this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Website.
Applicable Law and Disputes
- The Agreement shall be governed by the law of the state of New York, excluding its conflicts of laws rules.
- For any dispute you have with 360, you agree to first contact us and attempt to resolve the dispute with us in good faith. If the dispute has not been able to be resolved, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and 360 agree otherwise, the arbitration will be conducted in the state of New York. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that 360 will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $5000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access using the Website.
- ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 360 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- This Agreement constitutes the entire agreement between you and 360 governing your use of the Website. You may also be subject to additional and separate terms and conditions that apply when you use or purchase other 360 products, services, or affiliate services, or third-party content or software.
- If any provision of this Agreement is determined to be illegal, invalid or unenforceable, the provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of any of the remaining provisions.
- 360 may modify the terms of this Agreement in accordance with any changes to relevant laws and regulations, or in accordance with any changes to 360 or its business. We will notify you of all modifications to this Agreement on our webpage (https://go.360.com) and attach with the latest version of the Website. You may discontinue using the Website if you do not agree to the modified content of the Website. Your continued use of the Website shall be regarded as your acceptance of the modification to this Agreement.
- This Agreement and any rights granted hereunder, may not be transferred or assigned by you except as explicitly provided in this Agreement, but may be assigned by 360 without restriction.
- 360 may be required to send you legal notices and other communications about the Website, services or our use of the information you provide us ("Communications"). 360 will send Communications via email to the primary user's registered address, or will post Communications on the Website. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on the Website.