Terms & Conditions

Welcome to Three Six Media (together with its Content, the“Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“you” or “your”) are aware of your legal rights and obligations with respect to Three Six Media, its affiliates and subsidiaries (individually and collectively,“Three Six Media” or “We”).

We reserve the right, at our discretion, to modify these Terms, which modification will be effective 10 days following the posting of the modification to the Site or providing notice to you, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform you regarding such modifications by either notifying you via your email address or by posting such latest changes on the Site. You should continue check the Site for changes your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to you, whichever occurs first, will mean you accept those changes.

YOUR ACCEPTANCE

By using or visiting this Site, including without limitation contributing to or viewing the Site’s Content (as defined below), you signify your assent to (1) these Terms; and (2) Three Six Media privacy policy at Three Six Media(“Privacy Policy”). These Terms apply to all users of the Site. If you do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information or services contained herein.

RESTRICTIONS TO THE USE OF EXTENSIONS

You acknowledge that any extension application and related documentation that may be available to download or access from the Site (the “Extension”) is the copyrighted work of Three Six Media and the applicable developer of the application code embedded within such Extension. You agree that the use of the Extensions is governed by the terms of the License Agreement which accompanies or is included with the Extension. If you do not agree to any of the terms of the License Agreement, then you must not download, install or use the Extensions.

ABILITY TO ACCEPT TERMS

By accessing or using the Site, you hereby confirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to Three Six Media attention through reliable means that a registered user is a child under 18 years of age, Three Six Media may cancel that user’s account and/or access to the Site, at its sole discretion.

WEBSITE ACCESS

Three Six Media here by grants you permission to use the Site, provided that:
(i) You will not copy, distribute or modify any part of the Site without Three Six Media prior written authorization;
(ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;
(iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
(iv) You will not disrupt servers or networks connected to the Site; and
(v) You comply with these Terms.

In order to access some of the services of the Site (including the Browser Extensions Services) (the Browser Extensions Services and other services offered under the Site shall be referred collectively as the “Services”), you may have to create an account. You must never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account, and you must keep your account password secure. You must notify Three Six Media immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Three Six Media or others due to such unauthorized use. Three Six Media will not be liable for your losses caused by any unauthorized use of your account.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Site in a manner that sends more request messages to the Three Six Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.

Three Six Media, in its sole discretion, has the right to terminate your access to the Site immediately and with or without cause. Notwithstanding, in the event that you are a Developer and Three Six Media finds that you breached any of these Terms, Three Six Media will be entitled to block your access to the Site, cease your use of any of the Services and terminate your account on the Service. Consequently, Three Six Media may delete from Three Six Media servers any portions of your Code (as defined in the Development Agreement) andyou may lose access to the Extension and Code as a result. You should be aware that in such case the Extensions generated by Three Six Media to your Code will no longer be accessible to Users (as defined in the Developer Agreement) who downloaded them. Cro-b it Ltd., independently or by authorized service providers (e.g. advertisers and partners), may offer to the Users new Extensions adapted to Three Six Media application code, with targeted advertisements, commercials or other services.

You hereby acknowledge and agree that you will have no claim or demand against Three Six Media with this respect and you agree to honor and fully accept Three Six Media discretion, judgment and decisions in the termination of your access and/or use of the Site or any of the Services and you will be solely responsible for any consequences resulting therefrom, including with respect to the Users’ inability to use the Extensions as a result of such termination.

INTELLECTUAL PROPERTY RIGHTS

The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the cloud-based solution and browser extensions service and software and such software components (“Service”) and/or any Intellectual Property Rights (as defined below) related thereto, are owned by or licensed to Three Six Media. Content and Service on the Site are provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever, unless expressly permitted by Three Six Media. Three Six Media reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.

“Three Six Media”, the Three Six Media logo, and other marks are Marks of Three Six Media or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.This section shall survive any termination of these Terms.

USER SUBMISSIONS

The Site permits the submission of Content by you and other users (“User Submissions”) and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Three Six Media does not guarantee any confidentiality with respect to any User Submissions. User Submissions shall not include any portions of the Code you submit to Three Six Media as a developer for the generation of Extensions by Three Six Media (as such terms are defined in the Developer’s Agreement). Three Six Media has a complete discretion whether to publish your User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. Three Six Media has the right in its sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on its Site (including User Submission) at any time and for any reason. Without limiting the foregoing, Three Six Media has the right to delete any comment that it believes, in its sole discretion, does or may violate these Terms by you.

You represent and warrant that: You own or have the necessary rights and permissions to use and authorize Three Six Media to use all Intellectual Property Rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Three Six Media, you hereby grant Three Six Media a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Three Six Media (and its successor’s) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and you hereby waive any moral rights in your User Submission, to the extent permitted by law. You also hereby grant each user of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

You agree that you will not display, post, submit, publish or transmit a User Submission that:
(i) Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
(ii) Is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights;
(iii) Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
(iv) Impersonates another person;
(v) Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
(vi) Is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate;
(vii) Involves theft, money laundering or terrorism; or
(viii) Is otherwise malicious or fraudulent.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Three Six Media is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Three Six Media with respect thereto, and agree to indemnify and hold Three Six Media, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

DISCLOSURE

We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to
(a) Satisfy any applicable law, regulation, legal process, subpoena or governmental request,
(b) Enforce these Terms, including investigation of potential violations of it,
(c) Detect, prevent, or otherwise address fraud, security or technical issues,
(d) Respond to user support requests, or
(e) Protect the rights, property or safety of , its users or the public.

LINKS:

The Site may contain links to third party websites that are not owned or controlled by Three Six Media is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Three Six Media will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly release Three Six Media from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Site and to read the terms and conditions and privacy policy of each other website that you visit.
Three Six Media permits you to link to materials on the Site for personal, non-commercial purposes only.

The Site may contain links to third party websites that are not owned or controlled by Three Six Media is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Three Six Media will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly release Three Six Media from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Site and to read the terms and conditions and privacy policy of each other website that you visit.Three Six Media permits you to link to materials on the Site for personal, non-commercial purposes only.

INFORMATION DESCRIPTION

Three Six Media attempts to be as accurate as possible. However, Three Six Media cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Three Six Media reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

LIMITATION OF LIABILITY AND WARRANTY

The following section regarding limitation of liability and warranty applies whether or not the services provided under the site are for payment.

Except as expressly provided otherwise in a written agreement between you and Three Six Media, the site (including the content and any other services provided thereby), is provided “as is” and without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. while we make reasonable efforts to ensure that the site will function as claimed, Three Six Media does not guarantee that the site will be free of bugs, security breaches, virus attacks and the like, or that it will always be available. the site will occasionally be unavailable for routine maintenance, upgrading, or other reasons. in addition, you agree that Three Six Media will not be held responsible for any consequences to its users that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers, etc.

You specifically acknowledge that Three Six Media shall not be liable for user extensions, submissions or the defamatory, offensive, or illegal conduct of any users or any third party with respect to the site or services
and that the risk of harm or damage from the foregoing rests entirely with you. you agree that you will have no claim or demand against Three Six Media in the event that Three Six Media terminates your access and/or use of the site and/or any of the services and consequences thereof, including, if you are a developer, the deletion of any or all portions of your code. you agree that Three Six Media will not be held responsible whatsoever for any consequences resulting from such termination of your access and/or use of the site and/or services including with respect to the users of such extensions and all responsibility with respect to such users rests entirely with you.

Except as expressly stated in our privacy policy, Three Six Media does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.Three Six Media does not warrant, endorse or guarantee any content, product, or service that appears in its users’ submission or that is featured or advertised on the site.
you are solely responsible for your interaction with other Three Six Media users. if you have a dispute with any other user of the site, you agree that Three Six Media is not liable for any claims or damages arising out of or connected with such a dispute. Three Six Media reserves the right, but has no obligation, to monitor any such dispute between two or more users, arising out of their use of the site.

under no circumstances shall Three Six Media, its affiliates and their respective officers, directors, employees, licensors, assigns and agents be liable for any loss of money, goodwill, reputation, special, indirect, direct, incidental, punitive or consequential damages that result from the use of, or the inability to use, the site and its services even if Three Six Media has been advised of the possibility of such damages. in any event and without limiting the generality of this section to the extent permitted by law you agree that the Three Six Media total liability to you for all damages and losses shall not in any circumstances exceed the lesser of (a) the aggregate of the amount (if any) paid by you in the 12 months immediately preceding bringing of a claim against Three Six Media or its affiliates, or (b) $10.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

INDEMNITY

You agree to defend, indemnify and hold harmless Three Six Media, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
(i) Your use of the Site;
(ii) Your violation of these Terms;
(iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or
(iv) Any claim that one of your User Submissions or any portion of your Code caused damage to a third party. This defense, hold harmless and indemnification obligation will survive these Terms and your use of the Site.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Three Six Media without restriction or notification to you.

FOREIGN JURISDICTION

The services of Three Six Media are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify Three Six Media associated or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so.

FORCE MAJEURE

Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under this Contract to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: failures or default of third party software, vendors, or products; acts of God or of the public enemy; foreign governmental actions; strikes; communications, network connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.

GENERAL

Three Six Media reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, the Privacy Policy and the relationship between you and Three Six Media shall be governed by and construed in accordance with the laws of the Croatia, without regard to its principles of conflict of laws. You and Three Six Media agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Split, Croatia and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by Three Six Media on the Site, shall constitute the entire agreement between you and Three Six Media concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

You and Three Six Media agree that any cause of action arising out of or related to the site must commence
within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.