Circusfrog.com Terms Of
Services
Circusfrog.com is a community website and shop that
allows Members to create unique personal profiles online in order to find and
communicate with old and new friends. The services offered by Circusfrog.com
("Circusfrog” or "we") include the Circusfrog.com website (the "Circusfrog
Website"), the Circusfrog.com Internet messaging service, and any other
features, content, or applications offered from time to time by Circusfrog.com
in connection with the Circusfrog Website (collectively, the " Circusfrog
Services"). The Circusfrog Services are hosted in the
This Terms of Use Agreement
("Agreement") sets forth the legally binding terms for your use of the
Circusfrog Services. By using the Circusfrog Services, you agree to be bound by
this Agreement, whether you are a "Visitor" (which means that you simply browse
the Circusfrog Website) or you are a "Member" (which means that you have
registered with Circusfrog.com). The term "User" refers to a Visitor or a
Member. You are only authorized to use the Circusfrog Services (regardless of
whether your access or use is intended) if you agree to abide by all applicable
laws and to this Agreement. Please read this Agreement carefully and save it. If
you do not agree with it, you should leave the Circusfrog Website and
discontinue use of the Circusfrog Services immediately. If you wish to become a
Member, communicate with other Members and make use of the Circusfrog Services,
you must read this Agreement and indicate your acceptance during the
Registration process.
This Agreement includes
Circusfrog.com's policy for acceptable use of the Circusfrog Services and
Content posted on the Circusfrog Website, your rights, obligations and
restrictions regarding your use of the Circusfrog Services and Circusfrog.com's
Privacy Policy. In order to participate in certain Circusfrog Services, you may
be notified that you are required to download software or content and/or agree
to additional terms and conditions. Unless otherwise provided by the additional
terms and conditions applicable to the Circusfrog 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@Circusfrog.com, Subject: Terms
of Use Agreement.
Circusfrog.com may modify
this Agreement from time to time and such modification shall be effective upon
posting by Circusfrog.com on the Circusfrog Website. You agree to be bound to
any changes to this Agreement when you use the Circusfrog Services after any
such modification is posted. 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 Circusfrog.com and that you provide to other Users. Your
Circusfrog.com profile may not include the following items: telephone numbers,
street addresses, last names, and any photographs containing nudity, or obscene,
lewd, excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information provided by
other Circusfrog.com Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material, products or
services, and Circusfrog.com assumes no responsibility or liability for this
material. If you become aware of misuse of the Circusfrog Services by any
person, please contact Circusfrog moderators.
Circusfrog.com reserves the
right, in its sole discretion, to reject, refuse to post or remove any posting
(including private messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the Circusfrog Services at any time, for any or no
reason, with or without prior notice, and without liability. Circusfrog
expressly reserves the right to remove your profile and/or restrict, suspend, or
terminate your access to any part of Circusfrog Services if Circusfrog
determines, in its sole discretion, that you pose a threat to Circusfrog and/or
its Users.
1.
Eligibility. Use of and Membership in
the Circusfrog Services is void where prohibited. By using the Circusfrog
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 14 years of age or older; and (d) your use of the
Circusfrog 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 14 years of age.
2.
Term. This Agreement shall remain
in full force and effect while you use the Circusfrog Services or are a Member.
You may terminate your Membership at any time, for any reason, by contacting the
admin via Circusfrog’s PMS and requesting your removal. Circusfrog.com may
terminate your Membership at any time, without warning. Even after Membership is
terminated, this Agreement will remain in effect, including sections 5-17.
3.
Fees. You acknowledge that
Circusfrog.com reserves the right to charge for the Circusfrog Services and to
change its fees from time to time in its discretion. If Circusfrog.com
terminates your Membership because you have breached the Agreement, you shall
not be entitled to the refund of any unused portion of subscription fees.
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 Circusfrog.com
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.
Non-commercial Use by
Members. The Circusfrog Services are
for the personal use of Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
Circusfrog.com. Illegal and/or unauthorized use of the Circusfrog Services,
including collecting usernames 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 Circusfrog Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may be removed
from Member profiles without notice and may result in termination of Membership
privileges. Appropriate legal action will be taken for any illegal or
unauthorized use of the Circusfrog Services.
6.
Proprietary Rights in
Content on Circusfrog.com.
1.
Circusfrog.com does not
claim any ownership rights in the text, files, images, photos, video, sounds,
musical works, works of authorship, or any other materials (collectively,
"Content") that you post to the Circusfrog Services. After posting your Content
to the Circusfrog Services, you continue to retain all ownership rights in such
Content, and you continue to have the right to use your Content in any way you
choose. By displaying or publishing ("posting") any Content on or through the
Circusfrog Services, you hereby grant to Circusfrog.com a limited license to
use, modify, publicly perform, publicly display, reproduce, and distribute such
Content solely on and through the Circusfrog Services.
Without this license,
Circusfrog.com would be unable to provide the Circusfrog Services. For example,
without the right to modify Member Content, Circusfrog.com would not be able to
digitally compress music files that Members submit or otherwise format Content
to satisfy technical requirements, and without the right to publicly perform
Member Content, Circusfrog.com could not allow Users to listen to music posted
by Members. The license you grant to Circusfrog.com is non-exclusive (meaning
you are free to license your Content to anyone else in addition to
Circusfrog.com), fully-paid and royalty-free (meaning that Circusfrog.com is not
required to pay you for the use on the Circusfrog Services of the Content that
you post), sublicensable (so that Circusfrog.com is able to use its affiliates
and subcontractors such as Internet content delivery networks to provide the
Circusfrog Services), and worldwide (because the Internet and the Circusfrog
Services are global in reach). This license will terminate at the time you
remove your Content from the Circusfrog Services. The license does not grant
Circusfrog.com the right to sell your Content, nor does the license grant
Circusfrog.com the right to distribute your Content outside of the Circusfrog
Services.
2.
You represent and warrant
that: (i) you own the Content posted by you on or through the Circusfrog
Services or otherwise have the right to grant the license set forth in this
section, and (ii) the posting of your Content on or through the Circusfrog
Services does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of any Content
posted by you to or through the Circusfrog Services.
3.
The Circusfrog Services
contain Content of Circusfrog.com ("Circusfrog.com Content"). Circusfrog.com
Content is protected by copyright, trademark, patent, trade secret and other
laws, and Circusfrog.com owns and retains all rights in the Circusfrog.com
Content and the Circusfrog Services. Circusfrog.com hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the Circusfrog.com
Content (excluding any software code) solely for your personal use in connection
with viewing the Circusfrog Website and using the Circusfrog Services.
4.
The Circusfrog Services
contain Content of Users and other Circusfrog.com licensors. Except for Content
posted by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content appearing on or
through the Circusfrog Services.
7.
Content
Posted.
1.
Circusfrog.com may delete
any Content that in the sole judgment of Circusfrog.com violates this Agreement
or which may be offensive, illegal or violate the rights, harm, or threaten the
safety of any person. Circusfrog.com assumes no responsibility for monitoring
the Circusfrog Services for inappropriate Content or conduct. If at any time
Circusfrog.com chooses, in its sole discretion, to monitor the Circusfrog
Services, Circusfrog.com 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.
2.
You are solely responsible
for the Content that you post on or through any of the Circusfrog Services, and
any material or information that you transmit to other Members and for your
interactions with other Users. Circusfrog.com does not endorse and has no
control over the Content. Content is not necessarily reviewed by Circusfrog.com
prior to posting and does not necessarily reflect the opinions or policies of
Circusfrog.com. Circusfrog.com makes no warranties, express or implied, as to
the Content or to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
8.
Content/Activity
Prohibited. The following is a partial
list of the kind of Content that is illegal or prohibited to post on or through
the Circusfrog Services. Circusfrog.com reserves the right to investigate and
take appropriate legal action against anyone who, in Circusfrog.com's sole
discretion, violates this provision, including without limitation, removing the
offending communication from the Circusfrog Services and terminating the
Membership of such violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of Circusfrog.com:
1.
is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind against any group
or individual;
2.
harasses or advocates
harassment of another person;
3.
exploits people in a sexual
or violent manner;
4.
contains nudity, violence,
or offensive subject matter or contains a link to an adult website;
5.
solicits personal
information from anyone under 18;
6.
provides any telephone
numbers, street addresses, last names, URLs or email addresses;
7.
promotes information that
you know is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
8.
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
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
9.
involves the transmission of
"junk mail," "chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
10. contains restricted or
password only access pages or hidden pages or images (those not linked to or
from another accessible page);
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;
12. solicits passwords or
personal identifying information for commercial or unlawful purposes from other
Users;
13. involves commercial
activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of
another person that you have posted without that person's consent; or
15. for band and filmmaker
profiles, uses sexually suggestive imagery or any other unfair, misleading or
deceptive Content intended to draw traffic to the profile.
The following is a partial
list of the kind of activity that is illegal or prohibited on the Circusfrog
Website and through your use of the Circusfrog Services. Circusfrog.com reserves
the right to investigate and take appropriate legal action against anyone who,
in Circusfrog.com's sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited activity
includes, but is not limited to:
16. criminal or tortious
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;
17. advertising to, or
solicitation of, any Member to buy or sell any products or services through the
Circusfrog Services. You may not transmit any chain letters or junk email to
other Members. It is also a violation of these rules to use any information
obtained from the Circusfrog Services in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent. In order to
protect our Members from such advertising or solicitation, Circusfrog.com
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 Circusfrog.com deems
appropriate in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications of
any kind through the Circusfrog Services, you acknowledge that you will have
caused substantial harm to Circusfrog.com, but that the amount of such harm
would be extremely difficult to ascertain. As a reasonable estimation of such
harm, you agree to pay Circusfrog.com $50 for each such unsolicited email or
other unsolicited communication you send through the Circusfrog Services;
18. covering or obscuring the
banner advertisements on your personal profile page, or any Circusfrog.com page
via HTML/CSS or any other means;
19. any automated use of the
system, such as using scripts to add friends or send comments or messages;
20. interfering with,
disrupting, or creating an undue burden on the Circusfrog Services or the
networks or services connected to the Circusfrog Services;
21. attempting to impersonate
another Member or person;
22. 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;
23. selling or otherwise
transferring your profile;
24. using any information
obtained from the Circusfrog Services in order to harass, abuse, or harm another
person;
25. displaying an advertisement
on your profile, or accepting payment or anything of value from a third person
in exchange for your performing any commercial activity on or through the
Circusfrog 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
26. using the Circusfrog
Services in a manner inconsistent with any and all applicable laws and
regulations.
9.
Copyright
Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information belonging to others without obtaining the prior
written consent of the owner of such proprietary rights. It is the policy of
Circusfrog.com to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper notification to
Circusfrog.com by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Circusfrog Services in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the Circusfrog Services;
(iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Circusfrog.com's Copyright Agent for notice of claims of
copyright infringement can be reached as follows: copyrightagent@Circusfrog.com.
10.
Member
Disputes. You are solely responsible
for your interactions with other Circusfrog.com Members. Circusfrog.com reserves
the right, but has no obligation, to monitor disputes between you and other
Members.
11.
Privacy. Use of the Circusfrog
Services is also governed by our Privacy Policy, which is incorporated into this
Agreement by this reference.
12.
Disclaimers. Circusfrog.com is not
responsible for any incorrect or inaccurate Content posted on the Circusfrog
Website or in connection with the Circusfrog Services, whether caused by Users
of the Circusfrog Services or by any of the equipment or programming associated
with or utilized in the Circusfrog Services. Profiles created and posted by
Members on the Circusfrog Website may contain links to other websites.
Circusfrog.com is not responsible for the Content, accuracy or opinions
expressed on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by Circusfrog.com. Inclusion
of any linked website on the Circusfrog Services does not imply approval or
endorsement of the linked website by Circusfrog.com. When you access these
third-party sites, you do so at your own risk. Circusfrog.com takes no
responsibility for third party advertisements which are posted on this
Circusfrog Website or through the Circusfrog Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
Circusfrog.com is not responsible for the conduct, whether online or offline, of
any User of the Circusfrog Services. Circusfrog.com 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. Circusfrog.com 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 Circusfrog 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 Circusfrog Services. Under no circumstances shall
Circusfrog.com be responsible for any loss or damage, including personal injury
or death, resulting from use of the Circusfrog Services, attendance at a
Circusfrog.com event, from any Content posted on or through the Circusfrog
Services, or from the conduct of any Users of the Circusfrog Services, whether
online or offline. The Circusfrog Services are provided "AS-IS" and as available
and Circusfrog.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Circusfrog.com cannot guarantee and does not
promise any specific results from use of the Circusfrog Services.
13.
Limitation on
Liability. IN NO EVENT SHALL
CIRCUSFROG.COM 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 SERVICES, EVEN IF
CIRCUSFROG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CIRCUSFROG.COM'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
CIRCUSFROG.COM FOR THE CIRCUSFROG SERVICES DURING THE TERM OF MEMBERSHIP.
14.
15.
Disputes. If there is any dispute
about or involving the Circusfrog Services, you agree that the dispute shall be
governed by the laws of the State of Georgia, USA, without regard to conflict of
law provisions and you agree to exclusive personal jurisdiction and venue in the
state and federal courts of the United States located in the State of Georgia,
City of metro-Atlanta. Either Circusfrog.com or you may demand that any dispute
between Circusfrog.com and you about or involving the Circusfrog Services must
be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association
(AAA) in Atlanta, GA, USA, provided that the foregoing shall not prevent
Circusfrog.com from seeking injunctive relief in a court of competent
jurisdiction.
16.
Indemnity. You agree to indemnify and
hold Circusfrog.com, 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 Circusfrog 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 above and/or if any Content
that you post on the Circusfrog Website or through the Circusfrog Services
causes Circusfrog.com to be liable to another.
17.
Other. This Agreement is accepted
upon your use of the Circusfrog Website or any of the Circusfrog Services and is
further affirmed by you becoming a Member. This Agreement constitutes the entire
agreement between you and Circusfrog.com regarding the use of the Circusfrog
Services. The failure of Circusfrog.com 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. Circusfrog.com is a trademark of
Circusfrog 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.
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If
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FAQ'.
Please contact us at: Contact Circusfrog with any
questions regarding this Agreement.
I HAVE READ THIS AGREEMENT
AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.