1. Acceptance Of Terms
The Site may also contain links or references to additional rules, policies and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us. With respect to these features and services provided on our Website, you may be charged, and agree to pay us any fees, as set forth in separate sections of the Website detailing such features and services. By using 361dm.com in any way, you are agreeing to comply with this Agreement. Additionally, when using a particular 361dm.com service you agree to abide by any applicable posted guidelines for such 361dm.com service, which may change from time to time. Also, when using free or paid services offered through 361dm.com’s third-party service providers, you will be subject to terms of these third-party service providers. Your access to 361dm.com and/or registration for a membership on 361dm.com Site signifies your agreement to those additional terms.
If, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this agreement. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified. 361dm.com may, from time to time, update the Legal Terms without notice to you.
2. Eligibility, Registration & Membership
By using and/or viewing this Site or by applying for membership and subsequently becoming a member of 361dm.com, whether said application is made by regular or special mail, or by any form of electronic communication, including, but not limited to, electronic e-mail, internet common gateway interface programming or by telecommunication, the person or persons applying for membership and irrespective of gender, as the masculine shall be determined to jointly and severally apply to the feminine and the feminine to the masculine, and that the singular shall also refer and unilaterally refer to the plural, you do hereby state and affirm under penalty of perjury that:
You also represent and warrant to the Company that you will use 361dm.com in a manner consistent with any and all applicable laws and regulations. You are not located in a community, jurisdiction or country where this service is illegal & prohibited by law Or could be deemed a violation of any law, regulation, rule, ordinance, edict, culture or custom.
You state and affirm that 361dm.com relies upon the representations made by you in whole and in part. When you register to become a member, you agree not to impersonate anybody and to provide accurate, current and complete information about yourself as prompted by our registration form, and to maintain and update your information to keep it accurate, current and complete. You understand that impersonating somebody else or by furnishing false information constitutes a fraud and submitting a misrepresented or fraudulent application may subject you to any and all legal actions as deemed appropriate.
You understand that some sections of the Site like the feedback forums and chat rooms may be unmoderated and may include patently offensive content/material and you are not bothered by such content/ material and agree that it does not offend you in any way, form or manner. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal information, enjoyment and/or education.
You understand that 361dm.com cannot guarantee that each member is at least the required minimum age, nor accept responsibility or liability for any content, communication or other use or access of the Site by persons in violation of these terms.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by contacting us through our contact form and your membership will be terminated upon receipt of email notice of termination.
Your membership in the Site is for your sole, personal use only. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Each person must have his or her own login id. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account. You agree to notify 361dm.com immediately of any unauthorized use of your account or any other breach of security.
3. User Registration
Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.
As part of the registration process, We may refuse to allow you to use a username that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from the Company in writing, it being understood that the Company shall be under no obligation to approve any such request. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by updating your account information and immediately notifying us of the problem. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Use of 361dm.com Content
The Company authorizes You to view and access a single copy of the content available on or from 361dm.com solely for your personal use. The contents of 361dm.com, and of all other Websites under the Company’s control, whether partial or otherwise (361dm.com and such other Websites are sometimes collectively referred to as “361dm.com Sites”) such as text, graphics, images, logos, button icons, software and other 361dm.com Content (collectively, “361dm.com Content”), are protected under India and foreign copyright, trademark and other laws. All 361dm.com Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the 361dm.com Sites are the exclusive property of the Company and protected by Indian and international copyright laws. Unauthorized use of the 361dm.com Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original 361dm.com Content on any copy You make of the 361dm.com Content. You may not sell or modify the 361dm.com Content or reproduce, display, publicly perform, distribute, or otherwise use the 361dm.com Content in any way for any public or commercial purpose. The use of the 361dm.com Content on any other Website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that the Company creates to generate any 361dm.com Content or the pages making up any 361dm.com Site, which is also protected by the Company’s copyright.
5. Content Rules & Limitations
5a. Site Content – You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You must also have the legal right to display the Content. Content that is protected by copyright by a third party and Content which you do not have a license to use should not be uploaded, shared or copied on the Site.
You understand that 361dm.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, slanderous, offensive, crude, rude, racist, sexist, demeaning and generally offensive or otherwise objectionable. You further acknowledge that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the Content made available through this Service. 361dm.com is not responsible for any loss or damages of any kind that may result from your use of the Content made available through this Service. You agree to hold 361dm.com harmless from any loss or damages associated with the Content or operation of this Service.
5b. Third Party Content/External Sites – Furthermore, the 361dm.com Site and Content available through the Service may contain links to other Websites, which are or may be completely independent of 361dm.com. 361dm.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Site. Your linking to any other Websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will 361dm.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.
5c. User Submitted Content – You acknowledge that 361dm.com does not pre-screen or approve/disapprove user submitted Content, but that 361dm.com shall have the right (but not the obligation) in its sole discretion to screen, modify, alter, refuse, delete, duplicate, display, distribute or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree not to duplicate, display or distribute any Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. 361dm.com may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
6. Limits On Use
By using any of the 361dm.com Websites or networks you agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation of users’ information) information accessible through 361dm.com or any Websites or networks owned or operated by 361dm.com. “Commercial purposes” can include but is not limited to selling information to third parties. using the data collected to customize users’ experiences at a Site or network outside of 361dm.com. using the data for targeted marketing campaigns not affiliated with 361dm.com. or using the data to offer services to 361dm.com users. 361dm.com reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
7. Information Disclosure
8. General Code Of Conduct
While using the 361dm.com Site or Site-related services, you agree not to post, email, or otherwise make available Content:
That is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way.
That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
That impersonates any person or entity, including, but not limited to, a 361dm.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
That includes personal or identifying information about another person without that person’s explicit consent.
That is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”.
That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
That constitutes or contains any form of advertising or solicitation if (1) posted in areas of the 361dm.com Sites, which are not designated for such purposes. or (2) emailed to 361dm.com users who have requested not to be contacted about other services, products or commercial interests.
That includes links to commercial services or Websites, except as allowed in “services”.
That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service or
That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to
Resell or make available to any person not expressly licensed by 361dm.com, whether via phone, fax, e-mail, mail or any other medium, any of the 361dm.com services or any information obtained there from.
Express or imply that any statements you make are endorsed by us.
Respond to a job listing on behalf of anyone other than yourself.
Delete or revise any material posted by any other person or entity.
Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of “hacking” or defacing any portion of the Site.
Use the Site for any unlawful commercial, research or information gathering purposes.
Post any content on any 361dm.com Site for any competitor of 361dm.com or that contains links to any Site competitive with 361dm.com
Contact anyone who has asked not to be contacted or “stalk” or otherwise harass anyone.
Collect personal data about other users for commercial or unlawful purposes.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – exception is made for standard internet search engines (e.g. Google).
Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
Attempt to gain unauthorized access to 361dm.com’ s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the 361dm.com Website.
9. Terms Of Participation
9a. Modifications – 361dm.com reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice including changing/disabling the Site, eliminating or discontinuing any content on or feature of the Site as well as adding new features at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons. You agree that 361dm.com will not be liable to you or any third party for any modification or discontinuance of the Service.
9b. Dealings With Individuals And Organizations – Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that 361dm.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Therefore and if there is a dispute between participants on this Site, or between users and any third party, you understand and agree that 361dm.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release 361dm.com, its owners, its officers, employees, service providers, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service
9c. Costs – User understands and agrees that User is responsible for all applicable costs, taxes and all other expenses that are incurred in using the 361dm.com service. We may also, in our sole discretion, add or delete fees associated with the Service. If any charge is applicable, we will notify our Users in advance.
9d. No Spam Policy – 361dm.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the 361dm.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. 361dm.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your Site hosted on or through 361dm.com systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.
You understand and agree that sending unsolicited email advertisements to 361dm.com email addresses or through 361dm.com computer systems, which is expressly prohibited by these Terms, will use or cause to be used our servers. Any unauthorized use of 361dm.com computer systems is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9e.Limitations on Service – You acknowledge that 361dm.com may establish limits concerning use of the Service, including but not limited to: the frequency with which you may post and/or access the service. the number, length and size of Content & how long 361dm.com will maintain and make available the Content
You further agree that 361dm.com has no responsibility or liability for Content that is deleted, failure to store Content. You further acknowledge and agree that 361dm.com may modify or discontinue service, or any portion thereof, at any time and for any reason and duration, with or without notice, and that 361dm.com shall not be held liable to you or any third party for any reason whatsoever, including loss, potential loss, or damages of any kind.
9f. Termination Of Service - You agree that 361dm.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason whatsoever, including, without limitation, if 361dm.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that 361dm.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
9g. Content Violations – If 361dm.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred or believes in its sole discretion that any content may create liability for 361dm.com, 361dm.com may pursue any of its legal remedies and may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, 361dm.com reserves the right to refuse service to anyone at any time, and to remove any material for any reason, and without notice. 361dm.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. 361dm.com will cooperate with any investigation by any National, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to you.
9h. Cautionary Use on Forums and Other Sections of the Site – 361dm.com is not involved in any transaction between any party who uses our forums. There are risks, which you assume when dealing with people who might be acting under false pretenses. all of these risks are borne by you. We are a venue only and do not screen or censor or otherwise control the postings made on our forums, nor does 361dm.com screen or censor or otherwise control the Users of its service. 361dm.com cannot and does not control the behavior of the participants on this Site. It is extremely important that you use care throughout your dealings with other people on this Site! 361dm.com does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.
10. Copyrights, Ownership & Content Usage
10a. Ownership - The Site, including all pages within and all code related thereto, is the property of 361dm.com. No portion of the materials or code on these pages or anywhere on the Site may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without the express written permission of the Company. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
10b. Copyrights – The Website and all intellectual property rights related to the Website, including but not limited to copyrights, trademarks, service marks and any feedback left by Registered Users on the Website, are owned or licensed by us, and all right, title and interest in the Website and the related intellectual property rights remain our property. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Website and the related intellectual property, including any services provided via the Website, and this Agreement does not grant you permission to do so. Certain content is licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Website, including any Website content.
10c. Content Usage – You agree that by posting Content to any publicly available area of the Service and/or by sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, service marks or other materials (collectively, “Content”), or by posting such Content to any area of the Site, you automatically grant and you represent and warrant that you have the right to grant to 361dm.com and our designees, an irrevocable, non-exclusive, perpetual, fully paid, worldwide license to use, duplicate, display, and distribute said Content, and to create derivative works of, or incorporate it into other works, and to grant and authorize sublicenses of the foregoing. You hereby also grant 361dm.com permission to display your logo, trademarks and company name on the Site and in press and other public releases or filings.
By submitting content, you automatically also agree, or promise, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, the 361dm.com and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. Additionally, you will defend and indemnify and hold harmless 361dm.com from any third-party claim related to a breach of any of the foregoing representations and warranties.
Also, note that 361dm.com endorses none of the Content and 361dm.com cannot and does not make any representations with respect to the truth or reliability of the Content. 361dm.com reserves the right to remove any Content, in whole or in part, from the Site. Communications between 361dm.com and the users of the Site are not confidential unless specified.
11. Changed Terms
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without notice to you. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
12. Data Privacy and SMS/Email Alerts
In the context of sending important notifications and critical alerts, the user consents to the use of his/her personal data in the form of his/her communication postal address, fixed landline number(s), cellular phone number(s) and email id(s) being used by 361dm.com to forward relevant alerts and other information as and when they become available.
You agree to defend, hold harmless and indemnify 361dm.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by 361dm.com from and against any cause of action, claim, suit or proceeding brought by a third party against 361dm.com in connection with your use of the Services including any payment obligations incurred through use of the Services. You further agree to indemnify, defend and hold 361dm.com harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Website (ii) your decision to supply credit information via the Website, including personal financial information. (iii) your decision to submit postings and accept offers from other Users. (iv) any breach of contract or other claims made by Users with which you conducted business through the Website. (v) your breach of any provision of this Agreement. (vi) any liability arising from the tax treatment of Payments or any portion thereof. (vii) any negligent or intentional wrongdoing by any User. (viii) any act or omission of yours with respect to the Payment in respect of Professional Assignments. (ix) your dispute of or failure to pay any Invoice or any other Payment. and/or (x) your obligations to a Professional. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof. (b) cooperating with you in the defense or settlement thereof. and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Please report any violations of the Terms by emailing us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. In its sole discretion, 361dm.com may elect to issue a warning before assessing damages. Otherwise, you agree to pay 361dm.com’s actual damages, to the extent such actual damages can be reasonably calculated.
14. Disclaimer of Warranties
a. You agree that use of the service is at user’s sole risk. The service is provided on an as is and on an as available basis. 361dm.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any user or third party, or as to the accuracy of the content made on the Website.
b. 361dm.com makes no warranty that the service will meet user’s requirements, that the service will be uninterrupted, timely, secure, or error free. nor does 361dm.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.
c. User understands and agrees that any information or material and/or goods or services obtained through the service is done at user’s own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
d. No advice or information, whether oral or written, obtained by user from 361dm.com or through or from the service shall create any warranty not expressly stated herein.
e. No agency – there is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between 361dm.com and any user of the service.
15. Limitation of Liability
a. User agrees that neither 361dm.com nor any of its associates or providers of information shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user’s transmissions or data or arising from any other matter relating to the service, including but not limited to, damages for loss of profits, use, data or other intangible, even if 361dm.com has been advised of the possibility of such damages.
b. User further agrees that 361dm.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that 361dm.com shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. These limitations shall apply to the fullest extent permitted by law. In sum, in no event shall 361dm.com total liability to you for all damages, losses, and causes of action exceed the amount paid by you to 361dm.com, if any that is related to the cause of action.
c. These terms of participation and the relationship between user and 361dm.com shall be governed by the laws of the state of Tamilnadu, India without regard to its conflict of law provisions. User and 361dm.com agree to submit to the personal and exclusive jurisdiction of the courts of Chennai, Tamilnadu, India.
d. In the event that you have a dispute with one or more Users, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website, the Services, or such dispute. You waive the provisions of any state law limiting or prohibiting a general release.
e. Our contracts with certain of our suppliers provide for scheduled maintenance, preventative maintenance and emergency maintenance work. We will have no liability whatsoever for any unavailability of the Website caused by our supplier’s performance or lack of performance of the maintenance work needed to keep the Website operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts, the acts of any web services provider or problems with the Internet infrastructure and networks external to the Website. The limitations of liability provided in this Agreement inure to the benefit of us, our affiliates and all of our respective officers, directors, employees, attorneys and agents.
361dm.com has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights thereunder to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.