Terms of Use

Basic Terms

1. You must be 13 years or older to use this site.
2. You are responsible for any activity that occurs under your screen name.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other SircleIt users.
5. You may not use the SircleIt service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the SircleIt service.
7. You must not modify, adapt or hack SircleIt or modify another website so as to falsely imply that it is associated with SircleIt.com.
8. You must not create or submit unwanted email to any SircleIt members
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. You must not, in the use of SircleIt.com, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your SircleIt.com account. While SircleIt.com prohibits such conduct and content on its site, you understand and agree that SircleIt.com cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the SircleIt.com service at your own risk.

General Conditions

1. Member Conduct

   You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SircleIt, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SircleIt has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SircleIt be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
   
   You agree to not use the Service to:

   1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   2. harm other members in any way;
   3. impersonate any person or entity, including, but not limited to, a SircleIt staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
   8. upload, post, email, transmit or otherwise make available any material 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;
   9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   10. intentionally or unintentionally violate any applicable local, state, national or international law;
   11. "stalk" or otherwise harass another; or
   12. collect or store personal data about other users.

2. Materials submitted or made available for inclusion on the service

   SircleIt does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SircleIt the following world-wide, royalty free and non-exclusive license, as applicable:

   • With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

3. Indemnity

   You agree to indemnify and hold SircleIt, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.

4. Modifications to Service

   SircleIt reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SircleIt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. Termination

   You agree that SircleIt, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if SircleIt believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SircleIt may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SircleIt may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that SircleIt shall not be liable to you or any third-party for any termination of your access to the Service.

6. DISCLAIMER OF WARRANTIES

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

   1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIRCLEIT 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.
   2. SIRCLEIT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
   3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
   4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIRCLEIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

7. LIMITATION OF LIABILITY

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIRCLEIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIRCLEITHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.