ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or our entire site, to users who have registered with us.
You must take appropriate security measures to prevent unauthorized disclosure of your user name and password and you must notify us immediately if your password becomes known to any unauthorized user.]
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
POSTING USER CONTENT TO THE SITE
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. ItsMyCircle.com, however, reserves the right to remove any User Content from the Service at its discretion.
You agree that none of Your Posted User Content will contain information or content that:
- infringes any intellectual property right or other proprietary right of any third party,
- reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential,
- is obscene, indecent, defamatory, abusive, or otherwise objectionable,
- contains a virus, Trojan horse, time bomb, cancelbot, or any other computer programming or materials that are intended to intercept information or damage or detrimentally interfere with the Site or its security,
- or violates any applicable law. Additionally, you agree that none of Your Posted Material will contain information or content that:
- unauthorized commercial communications (such as spam),
- engage in unlawful multi-level marketing, such as a pyramid scheme,
- bully, intimidate, or harass any user,
- hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence,
- is purportedly sent from a person other than yourself (e.g., impersonation of another person or user),
- with respect to “chat rooms” or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form),
- otherwise interferes with other users’ enjoyment of the Site.
By posting User Content at ItsMyCircle.com, you hereby affirm that, we (ItsMyCircle.com) have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
LICENSE TO YOUR POSTED USER CONTENT
You own all of the content and information you post at ItsMyCircle. In addition:
- You hereby grant to ItsMyCircle.com the royalty-free, non-exclusive, transferable right and license to use, reproduce, modify, creative derivative works of, publish, translate, distribute, sell, perform, display, and otherwise exploit Your Posted User Contents alone or as part of other works, throughout the universe, in all forms of media or technology whether now known or later developed. You represent and warrant to ItsMyCircle.com that:
- you have the full and unrestricted right to grant such rights to Your Posted Material, and
- ItsMyCircle.com’s exercise of its rights granted by you hereunder shall not infringe upon any copyright or other intellectual property right or any proprietary right of any third party.
POSTED USER CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by ItsMyCircle.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ItsMyCircle.com does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does ItsMyCircle.com adopt nor endorse, nor is ItsMyCircle.com responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than ItsMyCircle.com. ItsMyCircle.com takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will ItsMyCircle.com be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
In addition to the restrictions on Your Posted Material, by using this Site, you agree you will not:
- reproduce, copy, distribute, or perform by any means, method, or process now known or later developed any of the audiovisual works or other works made available on or through the Site, without the express written permission of the copyright holder in such work;
- disrupt or interfere with the security of the Site or any Code or hardware used in connection with the Site;
- use or attempt to use another’s account on the Site;
- mislead others about your identity;
- use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts);
- frame the Site, place pop-up windows over its pages, or otherwise affect the display of the Site pages, or
- use any meta tags or other “hidden text” utilizing a ItsMyCircle.com name, trademark, or product or service name. In addition, you agree that you will comply with all applicable laws that relate to your use of or activities on the Site.
- Termination of Repeat Infringer Accounts : ItsMyCircle.com respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, ItsMyCircle.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. ItsMyCircle.com may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
- DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to ItsMyCircle.com’s designated copyright agent at firstname.lastname@example.org or #9/90, Gopichandra Complex, Near Ayappa Temple, Kothur, Mahabubnagar Dist., Telangana 509228, India.
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by ItsMyCircle.com copyright agent, ItsMyCircle.com may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in ItsMyCircle.com’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. ItsMyCircle.com is not responsible for any public display or misuse of your User Content. ItsMyCircle.com does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
You may use the Site only for lawful purposes. You may not use the Site:
- in any way that breaches any applicable local, national or international law or regulation;
- Ii any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our user content standards http://itsmycircle.com/user-content-standard/;
- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree to:
- not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our terms of website use;
- not to access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site, or any equipment or network or software owned or used by any third party.
SUSPENSION AND TERMINATION
- immediate, temporary or permanent withdrawal of your right to use the Site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, ItsMyCircle.com may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. ItsMyCircle.com has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by ItsMyCircle.com, and ItsMyCircle.com is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by ItsMyCircle.com. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Although ItsMyCircle.com intends to use reasonable security measures with respect to the Site, as with any on-line or electronic communication or interaction, there is an inherent risk involved in transmitting any information via the Internet. ItsMyCircle.com does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to ItsMyCircle.com will not be stolen or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ITSMYCIRCLE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITSMYCIRCLE.COM, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM
- THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
- YOUR USE OR INABILITY TO USE THE SERVICE;
- THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR
- ANY OTHER INTERACTIONS WITH ITSMYCIRCLE.COM OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ITSMYCIRCLE.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, defend and hold harmless ItsMyCircle.com and its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, consultants and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from:
- your infringement or violation of any intellectual property or other right of a third party;
- Your Posted User Contents, or
- your violation of any applicable law.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of ItsMyCircle.com to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with ItsMyCircle.com must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.