The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, or otherwise submitting information and content to Circle.
II. Circle Services
Four primary elements comprise the Circle Services: (i) Internet gateway devices (each such device, a “Circle Device”) that allow personalized control of access to websites, feeds, and other content on the Internet. Circle Devices may be manufactured by Circle, or by other hardware manufacturers that have integrated Circle’s firmware and Software; (ii) software applications and services (“Software”) that allow users to create, administer, configure, and manage their Circle Account, whether for use with the physical Circle Device or some other software-only instance of Circle products, including the Circle application, the Circle Go application for mobile devices, and the MyCircle application, which allows family members to communicate screen-time limits and expectations as configured in the Circle Account, interact with content from Circle’s partners, and communicate and share status updates, photos, and other information; (iii) an Application Protocol Interface (“API”) that allows the Software to communicate with Circle’s servers in order to facilitate the flow of information from the Circle Device to users. Circle Services provide individuals and families with a means of controlling the internet activity of family members, visitors, and others within their home network; and (iv) Circle-owned or third-party services utilized for inbound or outbound communications and relevant aspects of Circle Account management.
Content Blocking Not Guaranteed. You acknowledge that use of the Circle Services does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the Circle Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. Circle strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that you would deem acceptable will not be blocked by the Circle Services. In the event that you believe Circle is miscategorizing a site or service, please contact Circle support at email@example.com to submit the issue for review.
Behavioral Outcomes Not Guaranteed. Use of the Circle Services may include “reward” activities for users who are seeking to ensure that their children or other dependents are successfully completing tasks. As an example, a user may condition access to web content on the successful completion of homework or chores. Circle does not monitor, nor can it verify, user activity with respect to such reward activities. Circle makes no representations about the effectiveness of such methods.
III. Eligibility to Use Circle Services
The Circle Services are designed to be administered by adults on behalf of a family or community. Parents and legal guardians of minor children, please be advised that we do not recommend that children under the age of 18 be given administrative access to the Circle Services, with or without supervision. Child or dependent accounts (as established by users) are not given administrative access unless a user specifically grants such permissions to a specific user account.
Repeated violation of these Terms, however innocent or inadvertent, will result in suspension or deletion of a user’s account.
IV. Your Account
User Responsibilities. You are responsible for your log-in credentials and for keeping your contact information accurate and up to date. You are responsible for any activity resulting from the use of your log-in credentials on the Circle Services. You represent and warrant that the information you provide to Circle upon registration of your Circle Device, creation of an account via the Circle Go Software, and at all other times will be true, accurate, current, and complete.
Your Access Credentials. To use the Circle Services, the device you use to administer your Circle Account will be authenticated to your specific configuration and may require some kind of log-in information, such as a username, password, or PIN code. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts, such as using the Circle application’s security feature(s), to prevent unauthorized access to or use of the Circle Services and to preserve the confidentiality of your PIN, username, or password, as well as any device that you use to access the Circle Services.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Circle by e-mail to firstname.lastname@example.org. You will be solely responsible for the losses incurred by Circle and others due to any unauthorized use of your account.
By using the Circle Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Circle Services, as well as for product releases, product updates, marketing events, and third-party products or services Circle Media would like to communicate with you about. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Circle Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
VI. Circle’s Content Ownership and Use
The contents of the Circle Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, Usage Data (as defined below) and any other Circle content (collectively, “Circle Content”). All Circle Content and the compilation (meaning the collection, arrangement, and assembly) of all Circle Content are the property of Circle or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Circle Service and the Circle Content solely for the personal, non-commercial use of the Circle Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Circle Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Circle Content on any copy you make of the Circle Content.
Third-Party Content. The Circle Services may contain content from Circle partners and licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Circle Services. You understand and agree that you will not obtain, as a result of your use of the Circle Services, any right, title, or interest in or to the Circle Content, or any third-party content delivered via the Circle Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.
Usage Data. Use of the Circle Services, and features and applications within the Circle Services, creates a record of user behavior data which may include, but is not limited to: user profile information; search strings and other content created and accessed using the Circle Services; information about the type of device accessing the Circle Services; user feedback, recommendations, feature requests, bug reports, and other communications ("Submissions"); use statistics and information gathered via platform interfaces such as Circle, Circle Go, and MyCircle; API calls and processes; and any and all other sources of user information (the "Usage Data").
By using the Circle Services, users agree to and hereby assign all rights, title, and interest in the Usage Data to Circle. To the extent that such an assignment is deemed to be invalid, users agree to and hereby grant a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use the Usage Data for the above-described purposes.
Circle Marks. Circle, the Circle logo, and other Circle logos and product and service names are trademarks of Circle (the "Circle Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Circle Marks.
VII. Intellectual Property Rights and Circle’s License to Use Your Content
User Content. The Circle Services may provide you with the ability to create, post, or share content ("Your User Content"). Circle claims no ownership over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Circle Services. You are responsible for protecting those rights.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Circle Services or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Circle Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Circle Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Circle Services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Circle Disclaims Liability for User Content. We do not represent or guarantee the truthfulness, accuracy, or reliability of User Content. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Circle Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Circle Services. Circle does not endorse any, nor is it responsible for, User Content on the Circle Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
VIII. Copyright Policy; DMCA Notices.
Tell us if you think a user has violated your copyright using the Circle Service, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Circle Service infringe your copyright, you (or your agent) may send Circle a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Circle Service are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Circle to locate the material on the Circle Service;
Your name, address, telephone number, and email address (if available);
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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Circle a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Circle Service should be sent to the following address:
Circle Media Inc.
1201 NE Lloyd Blvd Ste 100
Portland, OR 97214
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
IX. Restrictions on Use
You agree to use the Circle Service only for its intended purpose. You must use the Circle Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Circle Service are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Circle Services, user accounts, or the technology and equipment supporting the Circle Services;
frame or link to the Circle Services without permission;
use data mining, robots, or other data gathering devices on or through the Circle Services, unless specifically allowed by these Terms;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
harass, stalk, abuse, or post irrelevant or objectionable material;
sell, transfer, or assign any of your rights to use the Circle Services to a third party without our express written consent;
post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same content more than once can be considered "spam" or "spamming");
use the Circle Services in an illegal way or to commit an illegal act in relation to the Circle Services or that otherwise results in fines, penalties, and other liability to Circle or others; or
access the Circle Services from a jurisdiction where it is illegal or unauthorized.
X. Consequences of Violating These Terms.
We reserve the right to suspend or terminate your account and prevent access to the Circle Services for any reason, at our discretion. We reserve the right to refuse to provide the Circle Services to you in the future.
Circle may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Circle Services.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Circle Services.
XI. Circle’s Liability
Changes to the Circle Services. We may change, suspend, or discontinue any aspect of the Circle Service at any time, including hours of operation or availability of the Circle Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Circle Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Circle from all claims, demands, and damages in disputes among users of the Circle Services, or between a user and a third party. You also agree not to involve us in such disputes. Use caution and common sense when using the Circle Services.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content accessed using the Circle Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained or discovered through the Circle Services. Use the Circle Services at your own risk.
Third-Party Websites. The Circle Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
No Guarantee of Results. We make no promises and disclaim all liability of specific results from the use of the Circle Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE CIRCLE SERVICES IS AT YOUR SOLE RISK; THE CIRCLE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE CIRCLE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE RELEASED PARTIES MAKE NO WARRANTY THAT: (I) THE CIRCLE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE CIRCLE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CIRCLE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE CIRCLE SERVICES WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE CIRCLE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CIRCLE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
"Released Parties" include Circle and its affiliates, officers, employees, agents, partners, assignees, and licensors.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL INJURY OR DEATH (EVEN IF CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE CIRCLE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE CIRCLE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE CIRCLE SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE CIRCLE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CIRCLE SERVICE OR YOUR USE OF CIRCLE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE RETAIL COST PAID FOR THE CIRCLE DEVICE THROUGH WHICH THE USER PRINCIPALLY ACCESSES THE SERVICES.
Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Circle Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XII. General Terms
These Terms constitute the entire agreement between you and Circle concerning your use of the Circle Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XIII. Arbitration; Class Waiver; Waiver of Jury Trial
These Terms and the relationship between you and Circle shall be governed by the laws of the state of Nevada without regard to its conflict of law provisions. You and Circle agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Circle Service under the rules of the American Arbitration Association.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Circle Service or these Terms:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.