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Circle180.com Terms Of Service Agreement
Last Updated May 04, 2009
Circle180,Urban
Militia and or its sub divisions is sole one network and shall be
named Thur out this agreement as its official company name Circle180.
Circle180,
LLC. (“Circle180” or “we”) operates Circle180.com, which is a
social networking service that allows Members to create personal
profiles online in order to communicate with old and new friends.
The services offered by Circle180 include any Circle180-branded
URL (the "Circle180 Website"), the Circle180 instant
messaging service, the Circle180 application developer service and
other features (for example, music and video embedded players),
Circle180 mobile services, and any other features, content, or
applications offered from time to time by Circle180 in connection
with Circle180’s business (collectively, the "Circle180
Services"). The Circle180 Services are hosted in the
United States.
This Terms of Use
Agreement ("Agreement") sets forth the legally binding
terms for your use of the Circle180 Services. By using the
Circle180 Services, you agree to be bound by this Agreement, whether
you are a "Visitor" (which means that you simply browse the
Circle180 Website, including through a mobile device, or otherwise
use the Circle180 Services without being registered) or you are a
"Member" (which means that you have registered with
Circle180). The term "User" refers to a Visitor or a
Member. You are only authorized to use the Circle180 Services
(regardless of whether your access or use is intended) if you agree
to abide by all applicable laws and the terms of this
Agreement. Please read this Agreement and save it. If
you do not agree to be bound by this Agreement and to follow all
applicable laws, you should leave the Circle180 Website and
discontinue use of the Circle180 Services immediately. If you
wish to become a Member, communicate with other Members and/or make
use of the Circle180 Services, you must read this Agreement and
indicate your acceptance during the registration process.
This
Agreement includes Circle180's policy for acceptable use of the
Circle180 Services and Content (as defined in Section 6.1 below)
posted on or through the Circle180 Services and your rights,
obligations and restrictions regarding your use of the Circle180
Services and Content posted on or through the Circle180 Services.
In order to participate in certain Circle180 Services, you may
be notified that you are required to download software or content
and/or agree to additional terms and conditions from Circle180.
Unless otherwise provided by the additional terms and
conditions applicable to the Circle180 Services in which you choose
to participate, those additional terms are hereby incorporated into
this Agreement. You may receive a copy of this Agreement by
emailing us at: privacy@Circle180.com,
Subject: Terms of Use Agreement.
Circle180
may modify this Agreement from time to time and such modification
shall be effective upon posting by Circle180 on the Circle180
Website. Your
continued use of the Circle180 Services after Circle180 posts a
revised Agreement signifies your acceptance of the revised
Agreement. It is
therefore important that you review this Agreement regularly to
ensure you are updated as to any changes.
Please
choose carefully the information you post on or through the Circle180
Services and that you provide to other Users. Your Circle180
profile may not include any form of Prohibited Content, as outlined
in Section 8 below. Despite this prohibition, information,
materials, products or services provided by other Circle180 Members
(for instance, in their profile) may, in whole or in part, be
unauthorized, impermissible or otherwise violate this Agreement, and
Circle180 assumes no responsibility or liability for this material.
If you become aware of misuse of the Circle180 Services by any
person, please click on the "Contact Circle180” or the “
Online Crime” link at the bottom of the Circle180 Website pages.
Circle180
reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to
deny, restrict, suspend, or terminate your access to all or any part
of the Circle180 Services at any time, for any or no reason, with or
without prior notice or explanation, and without liability.
Circle180 expressly reserves the right to remove your profile
and/or deny, restrict, suspend, or terminate your access to all or
any part of the Circle180 Services if Circle180 determines, in its
sole discretion, that you have violated this Agreement or pose a
threat to Circle180 and/or its Users.
1.
Eligibility.
Use of the Circle180 Services and
registration to be a Member for the Circle180 Services
(“Membership”) is void where prohibited. By using the
Circle180 Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are 13 years
of age or older(Gaming Site 16 Years Or Older; and (d) your use of
the Circle180 Services does not violate any applicable law or
regulation. Your profile may be deleted and your Membership may
be terminated without warning, if we believe that you are under 13
years of age(16 years of age for the gaming site), if
we believe that you are under 18 years of age and you represent
yourself as 18 or older, or if we believe you are over 18 and
represent yourself as under 18.
2.
Term. This
Agreement, and
any posted revision to this Agreement, shall
remain in full force and effect while you use the Circle180 Services
or are a Member. You may terminate your Membership at any time,
for any reason, by following the instructions on the Member's Account
Settings page. Circle180 may terminate your Membership at any
time, for
any or no reason, with or without prior notice or explanation, and
without liability.
Even after Membership is terminated, this Agreement will remain
in effect, including Sections 5-17.
3.
Fees. You
acknowledge that Circle180 reserves the right to charge for any
portion of the Circle180 Services and to change its fees (if any)
from time to time in its discretion. If Circle180 terminates
your Membership because you have breached the Agreement, you shall
not be entitled to the refund of any unused portion of fees or
payments (if any).
4.
Password. When
you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the
account, username, or password of another Member at any time or to
disclose your password to any third party. You agree to notify
Circle180 immediately if you suspect any unauthorized use of your
account or access to your password. You are solely responsible
for any and all use of your account.
5.
Use by Members.
The Circle180 Services are for the
personal use of Members and may be used for promotional purposes as
well, but direct commercial endeavors may only be used if they are
specifically endorsed or authorized by Circle180. Circle180
reserves the right to remove commercial content in its sole
discretion. Illegal and/or unauthorized use of the Circle180
Services, including collecting usernames, user URL , and/or email
addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to
the Circle180 Website, or employing third party promotional sites or
software to promote profiles for money, is prohibited. Commercial
advertisements, affiliate links, and other forms of unauthorized
solicitation may be removed from Member profiles without notice or
explanation and may result in termination of Membership privileges.
Circle180
reserves the right to take appropriate legal
action for any illegal or unauthorized use of the Circle180 Services.
6.
Proprietary Rights in
Content on Circle180.
6.1
Circle180 does not claim any
ownership rights in the text, files, images, photos, video, sounds,
musical works, works of authorship, applications, or any other
materials (collectively, "Content") that you post on or
through the Circle180 Services. After posting your Content to
the Circle180 Services, you continue to retain any such rights that
you may have in your Content, subject to the limited license herein.
By displaying or publishing ("posting") any Content on or
through the Circle180 Services, you hereby grant to Circle180 a
limited license to use, modify, delete from, add to, publicly
perform, publicly display, reproduce, and distribute such Content
solely on or through the Circle180 Services, including without
limitation distributing part or all of the Circle180 Website in any
media formats and through any media channels, except Content marked
“private” will not be distributed outside the Circle180
Website. This limited license does not grant Circle180 the
right to sell or otherwise distribute your Content outside of the
Circle180 Services. After you remove your Content from the
Circle180 Website we will cease distribution as soon as practicable,
and at such time when distribution ceases, the license will
terminate. If after we have distributed your Content outside
the Circle180 Website you change the Content’s privacy setting to
“private,” we will cease distribution of such “private”
Content outside the Circle180 Website as soon as practicable after
you make the change.
6.2
The license you grant to
Circle180 is non-exclusive (meaning you are free to license your
Content to anyone else in addition to Circle180)Fully-paid and
royalty-free (meaning that Circle180 is not required to pay you for
the use on the Circle180 Services of the Content that you post), sub
licensable (so that Circle180 is able to use its affiliates,
subcontractors and other partners such as Internet content delivery
networks and wireless carriers to provide the Circle180 Services),
and worldwide (because the Internet and the Circle180 Services are
global in reach).
6.3
You represent and warrant
that: (i) you own the Content posted by you on or through the
Circle180 Services or otherwise have the right to grant the license
set forth in this Section 6, and (ii) the posting of your Content on
or through the Circle180 Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other
rights of any person or entity. You agree to pay for all
royalties, fees, and any other monies owing any person or entity by
reason of any Content posted by you on or through the Circle180
Services.
6.4
The Circle180 Services
contain Content of Circle180 ("Circle180 Content").
Circle180 Content is protected by copyright, trademark, patent,
trade secret and other laws, and Circle180 owns and retains all
rights in the Circle180 Content and the Circle180 Services.
Circle180 hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the Circle18
Content (excluding any software code) solely for your personal use in
connection with viewing the Circle180 Website and using the
Circle180 Services.
6.5
The Circle180 Services
contain Content of Users and other Circle180 licensor. Except
as provided within this Agreement, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or through the Circle180
Services.
6.6
Circle180 performs technical
functions necessary to offer the Circle180 Services, including but
not limited to trans coding and/or reformatting Content to allow its
use throughout the Circle180 Services.
7.
Content Posted.
7.1
Circle180 may reject, refuse
to post or delete any Content for any or no reason, including Content
that in the sole judgment of Circle180 violates this Agreement or
which may be offensive, illegal or violate the rights of any person
or entity, or harm or threaten the safety of any person or entity.
Circle180 assumes no responsibility for monitoring the Circle180
Services for inappropriate Content or conduct. If at any time
Circle180 chooses, in its sole discretion, to monitor the Circle180
Services, Circle180 nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of the User submitting any such
Content.
7.2
You are solely responsible
for the Content that you post on or through any of the Circle180
Services, and any material or information that you transmit to other
Members and for your interactions with other Users.
8.
Content/Activity
Prohibited. The following
are examples of the kind of Content that is illegal or prohibited to
post on or through the Circle180 Services. Circle180 reserves
the right to investigate and take appropriate legal action against
anyone who, in Circle180s sole discretion, violates this provision,
including without limitation, removing the offending Content from the
Circle180 Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to, Content
that, in the sole discretion of MCircle180:
8.1
is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
8.2
harasses or advocates
harassment of another person;
8.3
exploits people in a sexual
or violent manner;
8.4
contains nudity, excessive
violence, or offensive subject matter or contains a link to an adult
website;
8.5
solicits personal information
from anyone under 18;
8.6
publicly posts information
that poses or creates a privacy or security risk to any person;
8.7
constitutes or promotes
information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
8.8
constitutes or promotes an
illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
8.9
involves the transmission of
"junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
8.10
contains restricted or
password only access pages or hidden pages or images (those not
linked to or from another accessible page);
8.11
furthers or promotes any
criminal activity or enterprise or provides instructional information
about illegal activities including, but not limited to making or
buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
8.12
solicits passwords or
personal identifying information for commercial or unlawful purposes
from other Users;
8.13
involves commercial
activities and/or sales without prior written consent from Circle180
such as contests, sweepstakes, barter, advertising, or pyramid
schemes;
8.14
includes a photograph or
video of another person that you have posted without that person's
consent;
8.15
for band, comedy, filmmaker
and other profiles, uses sexually suggestive imagery or any other
unfair, misleading or deceptive Content intended to draw traffic to
the profile; or
8.16
violates the privacy rights,
publicity rights, copyrights, trademark rights, contract rights or
any other rights of any person.
The
following are examples of the kind of activity that is illegal or
prohibited on the Circle180 Website and through your use of the
Circle180 Services. Circle180 reserves the right to
investigate and take appropriate legal action against anyone who, in
Circle180's sole discretion, violates this provision, including
without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
8.17
criminal or tortuous
activity, including child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
8.18
advertising to, or
solicitation of, any Member to buy or sell any products or services
through the unauthorized or impermissible use of the Circle180
Services. You may not transmit any chain letters or junk email
to other Members. In order to protect our Members from such
advertising or solicitation, Circle180 reserves the right to restrict
the number of emails which a Member may send to other Members in any
24-hour period to a number which Circle180 deems appropriate in its
sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unauthorized
commercial communications of any kind through the Circle180 Services,
you acknowledge that you will have caused substantial harm to
Circle180, but that the amount of such harm would be extremely
difficult to ascertain. As a reasonable estimation of such
harm, you agree to pay Circle180 $30 for each such unsolicited email
or other unauthorized commercial communication you send through the
Circle180 Services;
8.19
circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any
other person in circumventing or modifying any security technology or
software that is part of the Circle180 Services;
8.20
activity
that involves the use of viruses, bots, worms, or any other computer
code, files or programs that interrupt, destroy or limit the
functionality of any computer software or hardware, or otherwise
permit the unauthorized use of or access to a computer or a computer
network;
8.21
covering or obscuring the
banner advertisements on your personal profile page, or any Circle180
page via HTML/CSS or any other means;
8.22
any automated use of the
system, such as, but not limited to, using
scripts to add friends
or send comments or messages;
8.23
interfering with, disrupting,
or creating an undue burden on the Circle180 Services or the networks
or services connected to the Circle180 Services;
8.24
impersonating or attempting
to impersonate another Member, person or entity;
8.25
for band, comedy, filmmaker
and other profiles containing a Circle180 player, copying the code
for your Circle180 Player and embedding it (or
directing others to embed it) anywhere other than your band profile
on Circle180;
8.26
using the account, username,
or password of another Member at any time or disclosing your password
to any third party or permitting any third party to access your
account;
8.27
selling or otherwise
transferring your profile;
8.28
using any information
obtained from the Circle180 Services in order to harass, abuse, or
harm another person or
entity, or attempting to do the same;
8.29
displaying an unauthorized
commercial advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing
any commercial activity through the unauthorized or impermissible use
of the Circle180 Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a
commercial purpose, selecting a profile with a commercial purpose as
one of your "Top 8" friends, or sending private messages
with a commercial purpose; or
8.30
using the Circle18 Services
in a manner inconsistent with any and all applicable laws and
regulations.
9.
Protecting Copyrights and
Other Intellectual Property.
Circle180 respects the intellectual property of others, and requires
that our users do the same. You may not upload, embed, post,
email, transmit or otherwise make available any material that
infringes any copyright, patent, trademark, trade secret or other
proprietary rights of any person or entity. Circle180 has the
right to terminate the Membership of infringer's.
If you believe your
work has been copied and posted on or through the Circle180 Services
in a way that constitutes copyright infringement, please send
Circle180's Copyright Agent a notification of claimed infringement
with all of the following information: (a) identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a
representative list of such works; (b) identification of the claimed
infringing material and information reasonably sufficient to permit
us to locate the material on the Circle180 Services (providing the
URL(s) of the claimed infringing material satisfies this
requirement); (c) information reasonably sufficient to permit us to
contact you, such as an address, telephone number, and, if available,
an email address; (d) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (e) a statement by you, made under
penalty of perjury, that the above information in your notification
is accurate and that you are the copyright owner or a authorized to
act on the copyright owner's behalf; and (f) your physical or
electronic signature. Circle180's Copyright Agent for
notification of claimed infringement can be reached as follows:
copyrights@circle180.com
10. Member
Disputes.
You are solely responsible for your interactions with other Circle180
Members. Circle180 reserves the right, but has no obligation,
to become involved in any way with disputes between you and other
Members.
11.
Privacy. Use
of the Circle180 Services is also governed by our Privacy
Policy,which is incorporated into this Agreement by this reference.
12.
Disclaimers.
Circle180 is not responsible for and makes no warranties, express or
implied, as to the User Content or the accuracy and reliability of
the User Content posted on or through the Circle180 Services,
whether caused by Users of the Circle180 Services or by any of the
equipment or programming associated with or utilized in the Circle180
Services and such User Content does not necessarily reflect the
opinions or policies of Circle180. Profiles and third party
applications created and posted by Members on the Circle180 Website
may contain links to other websites. Circle180 is not
responsible for the content, accuracy or opinions expressed on such
websites, and such websites are not necessarily investigated,
monitored or checked for accuracy or completeness by Circle180.
Inclusion of any linked website on the Circle180 Services does
not imply approval or endorsement of the linked website by Circle180.
When you access these third party sites, you do so at your own
risk. Circle180 takes no responsibility for third party
advertisements or third party applications that are posted on or
through the Circle180 Services, nor does it take any responsibility
for the goods or services provided by its advertisers. Circle180 is
not responsible for the conduct, whether online or offline, of any
User of the Circle180 Services. Circle180 assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, any User or Member communication. Circle180 is
not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of any email or
players due to technical problems or traffic congestion on the
Internet or on any of the Circle180 Services or combination thereof,
including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials
in connection with the Circle180 Services. Under no
circumstances shall Circle180 be responsible for any loss or damage,
including personal injury or death, resulting from use of the
Circle180 Services, attendance at a Circle180 event, from any User
Content posted on or through the Circle180 Services, or from the
conduct of any Users of the Circle180 Services, whether online or
offline. The Circle180 Services are provided "AS-IS"
and as available and Circle180 expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. Circle180
cannot guarantee and does not promise any specific results from use
of the Circle180 Services.
13.
Limitation on Liability.
IN NO EVENT SHALL MYSPACE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
MYSPACE SERVICES, EVEN IF MYSPACE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, CIRCLE180'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CIRCLE180 FOR
THE CIRCLE180 SERVICES DURING THE TERM OF MEMBERSHIP.
14. Disputes.
The Agreement shall be governed by, and construed in accordance with,
the laws of the State of New York, without regard to its conflict of
law provisions. You and Circle180 agree to submit to the
exclusive jurisdiction of the courts located within the State of New
York to resolve any dispute arising out of the Agreement or the
Circle180 Services. EACH OF THE PARTIES HEREBY KNOWINGLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL
BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO
ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS)
ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER,
EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER
PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD
NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF
RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES
THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY
ENTERING INTO THIS AGREEMENT.
16.
Indemnity.
You agree to indemnify and hold Circle180, its subsidiaries, and
affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of your use of the Circle180 Services in violation of
this Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth in this
Agreement and/or any Content that you post on or through the
Circle180 Services.
17.
Other. This
Agreement is accepted upon your use of the Circle180 Website or any
of the Circle180 Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between
you and Circle180 regarding the use of the circle180 Services. The
failure of Circle180 to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Circle180
is a trademark of Circle180 LLC. This Agreement operates to the
fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is
deemed severable from this Agreement and does not affect the validity
and enforceability of any remaining provisions.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.
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