TERMS AND CONDITIONS
Push360 Terms & Conditions
These terms and conditions (“Terms”) are between Push360 ( A digital platform of LearnCast LLC, referred to in this document was "Push360", "Company", or "Us" ) and the person or entity (“you”, "User" or “Customer”) using Push360's applications, websites, software, and services (the “Platform” or "Push360"). By using the Platform, you agree to be bound by these Terms, as well as the Privacy Policy. If you do not agree to the Terms, do not use the Platform. These Terms are subject to change at any time; we therefore encourage you to periodically review the Terms to ensure that you are aware of any changes. By continuing to use the Platform after the Terms are updated, you agree to be bound by the most current version of the Terms.
Any consent by Push360 to, or waiver of, a breach of these Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer these Terms or any right or obligation hereunder. If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. These Terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any applicable agreements with Push360 or policies of Push360 that expressly reference these Terms, these Terms form the entire agreement between you and Push360 relating to the matters contained herein.
Term of Services
The minimum term agreement between the parties is 12 months.
Push360 is a digital platform for design, marketing and advertising purposes. The services include the creative designs and implementation of those designs, process and monitoring of digital advertisements within client / provider specifications.
Cancellation of this contract will be the responsibility of the client to pay the balance of the remaining value of the contract in a single payment within 30 days of cancellation notice. All fees paid by the client, regarding the services provided by Push360.com, are considered non-refundable.
Push360 is responsible to provide regular reports showing reference designs of digital ads, potential placement, traffic and engagements reports generated as well produce, maintain and monitor the activity of marketing for clients benefit.
New customer data and communications will be directed to the Push360 AIM™ Customer Management System (CMS) as well as the email provided to Push360 by the client. New customers wishing to contact client will be provided several options such as: direct call, email , website and links.
Payments - Month Reoccurring Charges During Term and Advertising
Monthly charges are due on monthly anniversary of agreement and client agrees to pay the stated fees for the monthly reoccurring charges within 30 days of the invoicing that is sent to the primary account holder.
Upon execution of this agreement, client agrees to pay the first monthly payment. If client orders and verifies that the order has been placed with Push360, those charges will be articulated by and between both parties. This might include creative services or digital development of files that will be used by both parties or sent directly to the client.
Payments, Advertising Budgets and Allowances
Client will use a company credit card for the purchases of digital ad placements in compliance with providers such as LinkedIn, Google, Facebook and other predetermined ad placement providers. The client is responsible for all charges to client selected providers, based on a predetermined amount of AD SPEND per week / per month. The payment structure for this is below:
Ad Placements – Paid by the Client Company within 30 days. No payment or late payment will incur additional administration fees, as well legal fees if required regarding collections. In all cases, the Push360.com will try to resolve issues presented by client and attempt an equitable solution for both parties. Communications by email are preferred and recorded as a validated source for administration by both parties.
Eligibility
By accessing or using the Sites or Services you represent and warrant that you are of legal age to enter agreements as presented and understand the terms and conditions to enter into such an agreement.
Intellectual Property
Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to Push360. Unless as expressly provided herein, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without Push360's prior, express written authorization.
Push360 does not claim ownership over Contributed Content. However, you grant Push360 permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You grant Push360 permission to use your Company name and logo in Push360's website and any Push360 issued publications. You acknowledge that Push360 may adjust and modify Contributed Content, per your requests.
License
We hereby grant you a worldwide, non-exclusive, revocable license to use all software associated with the Platform in accordance with these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in such software.
Publicity
You (a) authorize us to identify you by name and/or logo as a Customer of the Platform in any format and for marketing purposes or any other purpose that we deem useful, and (b) grant us a limited license to use your trademarks and logos for such purpose.
Customer Data
You authorize us to retrieve and analyze any and all information about your use of the Platform. You also authorize us to index, catalog, transcribe, and/or perform other meta-analysis of your Content, and to use or make publicly or privately available such information as we deem appropriate.
Third Party Relations
The Site contains links and references to websites belonging to other entities. We may, from time to time, at our sole discretion, add or remove links to other entity's websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. In no event shall Push360 be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such websites. You expressly relieve us from any and all liability arising from your use of any third-party website.
Services operated by third parties ("Third Party Services") may be made available to you in connection with the Sites or Services. Third Party Services may include Workflow tools, collaboration tools, web design tools, CRM tools , messaging services, mobile services, features, content, applications, software, data feeds, or other services offered to you by third parties from time to time. Third Party Services may be made available to you through website links, embedded applications, embedded content, applications installed on your desktop computer or mobile device, cookies, and other technological mechanisms. Third Party Services may access your user account information, profile information, activity information, content and other information related to your use of the Sites or Services, and share your information with third party websites and services, as authorized by you. Similarly, third party services may disclose to or through the Sites or Services user account information, profile information, activity information, content and other information related to your use of the Third Party Services.
Push360 does not endorse any Third Party Services and is not responsible or liable for your use of Third Party Services or any losses or damages arising from your dealing with any Third Party Services. Your use of Third Party Services is solely at your own risk and in accordance with any agreements that you have with the third party providers of the Third Party Services. Flow does not make any representations or warranties, and disclaims all representations, warranties and conditions, whether expressed or implied, respecting any Third Party Services, including, without limitation: (a) the legality, accuracy, completeness, reliability, suitability, availability, security or timeliness of any Third Party Services, or the ability of any Third Party Services to meet your requirements or provide specific results; (b) the performance, merchantability, quality, fitness for a particular purpose, quiet enjoyment, non-infringement, or title of any information, material, content, software, goods or services on or made available through any Third Party Services; (c) the operation of any Third Party Services or that such services will be uninterrupted or error free, that defects or errors in such services will be corrected or that such services will be free from viruses or other harmful components; or (d) the collection, use, storage, disclosure or security of any information or content that you provide to such Third Party Services.
Subject to the terms of this Agreement and so long as this Agreement is not terminated, We grant to you a nonexclusive, non-transferable, non-licensable right to display on your website a link to the Site's homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorses or sponsors your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to Our benefit.
Waiver / Severability
Our waiver or failure to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms shall remain enforceable.
Force Majeure.
We shall not be liable for any failure or unavailability of the Platform or our failure to provide the Platform as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond our control.
This is the entire agreement between Push360 and the Client who has read and accepted the terms and conditions of working with us.
Any consent by Push360 to, or waiver of, a breach of these Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer these Terms or any right or obligation hereunder. If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. These Terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any applicable agreements with Push360 or policies of Push360 that expressly reference these Terms, these Terms form the entire agreement between you and Push360 relating to the matters contained herein.
Term of Services
The minimum term agreement between the parties is 12 months.
Push360 is a digital platform for design, marketing and advertising purposes. The services include the creative designs and implementation of those designs, process and monitoring of digital advertisements within client / provider specifications.
Cancellation of this contract will be the responsibility of the client to pay the balance of the remaining value of the contract in a single payment within 30 days of cancellation notice. All fees paid by the client, regarding the services provided by Push360.com, are considered non-refundable.
Push360 is responsible to provide regular reports showing reference designs of digital ads, potential placement, traffic and engagements reports generated as well produce, maintain and monitor the activity of marketing for clients benefit.
New customer data and communications will be directed to the Push360 AIM™ Customer Management System (CMS) as well as the email provided to Push360 by the client. New customers wishing to contact client will be provided several options such as: direct call, email , website and links.
Payments - Month Reoccurring Charges During Term and Advertising
Monthly charges are due on monthly anniversary of agreement and client agrees to pay the stated fees for the monthly reoccurring charges within 30 days of the invoicing that is sent to the primary account holder.
Upon execution of this agreement, client agrees to pay the first monthly payment. If client orders and verifies that the order has been placed with Push360, those charges will be articulated by and between both parties. This might include creative services or digital development of files that will be used by both parties or sent directly to the client.
Payments, Advertising Budgets and Allowances
Client will use a company credit card for the purchases of digital ad placements in compliance with providers such as LinkedIn, Google, Facebook and other predetermined ad placement providers. The client is responsible for all charges to client selected providers, based on a predetermined amount of AD SPEND per week / per month. The payment structure for this is below:
Ad Placements – Paid by the Client Company within 30 days. No payment or late payment will incur additional administration fees, as well legal fees if required regarding collections. In all cases, the Push360.com will try to resolve issues presented by client and attempt an equitable solution for both parties. Communications by email are preferred and recorded as a validated source for administration by both parties.
Eligibility
By accessing or using the Sites or Services you represent and warrant that you are of legal age to enter agreements as presented and understand the terms and conditions to enter into such an agreement.
Intellectual Property
Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to Push360. Unless as expressly provided herein, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without Push360's prior, express written authorization.
Push360 does not claim ownership over Contributed Content. However, you grant Push360 permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You grant Push360 permission to use your Company name and logo in Push360's website and any Push360 issued publications. You acknowledge that Push360 may adjust and modify Contributed Content, per your requests.
License
We hereby grant you a worldwide, non-exclusive, revocable license to use all software associated with the Platform in accordance with these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in such software.
Publicity
You (a) authorize us to identify you by name and/or logo as a Customer of the Platform in any format and for marketing purposes or any other purpose that we deem useful, and (b) grant us a limited license to use your trademarks and logos for such purpose.
Customer Data
You authorize us to retrieve and analyze any and all information about your use of the Platform. You also authorize us to index, catalog, transcribe, and/or perform other meta-analysis of your Content, and to use or make publicly or privately available such information as we deem appropriate.
Third Party Relations
The Site contains links and references to websites belonging to other entities. We may, from time to time, at our sole discretion, add or remove links to other entity's websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. In no event shall Push360 be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such websites. You expressly relieve us from any and all liability arising from your use of any third-party website.
Services operated by third parties ("Third Party Services") may be made available to you in connection with the Sites or Services. Third Party Services may include Workflow tools, collaboration tools, web design tools, CRM tools , messaging services, mobile services, features, content, applications, software, data feeds, or other services offered to you by third parties from time to time. Third Party Services may be made available to you through website links, embedded applications, embedded content, applications installed on your desktop computer or mobile device, cookies, and other technological mechanisms. Third Party Services may access your user account information, profile information, activity information, content and other information related to your use of the Sites or Services, and share your information with third party websites and services, as authorized by you. Similarly, third party services may disclose to or through the Sites or Services user account information, profile information, activity information, content and other information related to your use of the Third Party Services.
Push360 does not endorse any Third Party Services and is not responsible or liable for your use of Third Party Services or any losses or damages arising from your dealing with any Third Party Services. Your use of Third Party Services is solely at your own risk and in accordance with any agreements that you have with the third party providers of the Third Party Services. Flow does not make any representations or warranties, and disclaims all representations, warranties and conditions, whether expressed or implied, respecting any Third Party Services, including, without limitation: (a) the legality, accuracy, completeness, reliability, suitability, availability, security or timeliness of any Third Party Services, or the ability of any Third Party Services to meet your requirements or provide specific results; (b) the performance, merchantability, quality, fitness for a particular purpose, quiet enjoyment, non-infringement, or title of any information, material, content, software, goods or services on or made available through any Third Party Services; (c) the operation of any Third Party Services or that such services will be uninterrupted or error free, that defects or errors in such services will be corrected or that such services will be free from viruses or other harmful components; or (d) the collection, use, storage, disclosure or security of any information or content that you provide to such Third Party Services.
Subject to the terms of this Agreement and so long as this Agreement is not terminated, We grant to you a nonexclusive, non-transferable, non-licensable right to display on your website a link to the Site's homepage, as long as your use is not misleading, illegal or defamatory, or your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to you. You may not use the logo in any way that suggests that we endorses or sponsors your site, or that tarnishes, blurs or dilutes the quality of our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to Our benefit.
Waiver / Severability
Our waiver or failure to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms shall remain enforceable.
Force Majeure.
We shall not be liable for any failure or unavailability of the Platform or our failure to provide the Platform as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond our control.
This is the entire agreement between Push360 and the Client who has read and accepted the terms and conditions of working with us.