CircleMe Terms of Service
Date of Last Revision: October 30th, 2013
Previous version (November 29th, 2011)
The Terms of Services govern your access of Cascaad Srl’s CircleMe websites (www.circleme.com, www.circleme.net and www.circleme.org) any of the information, text, graphics, videos or other materials created or provided by Us (“Cascaad Srl” or the “Company”), and appearing on the Site, (the "CircleMe Content" or the “Content”), and any services provided through the Site or by us (the "Services"), the ability to create, post and write comments on third party sites via use of our application, via our embeddable stand-alone widgets or other technologies we may provide (collectively, the "Applications"), except where expressly noted. Your access to and use of the Site, CircleMe Content, Services, Applications and/or User-Generated Content (as defined below) are expressly conditioned on your compliance with these Terms of Service. By accessing or using Site, CircleMe Content, Services, Applications or User-Generated Content (unless otherwise noted, collectively referred to as "CircleMe") you agree to be bound by these Terms of Service.
These Terms of Service apply to the beta version of CircleMe, as well as any enhancements that we may choose to offer from time to time unless such enhancements are governed by separate agreements.
Some other key points to highlight:

1. Your Ability to Accept these Terms of Service

You acknowledge and agree that you are of legal age and are fully able to enter into the terms, conditions, obligations, acknowledgements, representations, and warranties set forth in these Terms of Service. You agree that you will adhere to and comply with terms set forth herein.You may not use CircleMe if you are not of legal age to enter in the present agreement.

2. Privacy

See our Privacy Policy for information and notices concerning our collection and use of your personal information.

3. Registration & Guarding Your Password

When you register on the Site, you will create a new password for use with your account. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password.

To increase the security of your account, the following are some commitments you make us:

4. User-Generated Content & Uploaded Content

All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you and/or other users post, upload, link to and/or otherwise submit to the Site or through the Services or the Applications (collectively referred to as "User-Generated Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User-Generated Content originated. You are entirely responsible for all of the User-Generated Content that you upload, post, email, transmit or otherwise make available via the Site, the Services or the Applications. We do not monitor or control User-Generated Content posted and we take no responsibility for such content.

Any material you upload to CircleMe will be considered non-confidential and non-proprietary. We have the right to disclose your identity to any third party who claims that any of the material uploaded/posted by you to our site constitutes a violation of their intellectual property rights, or of their rights to privacy.

You agree not to generate or upload any content that would be considered inappropriate to users or illegal, including content that is hateful, threatening, or pornographic, inciting violence, or containing nudity or graphic or gratuitous violence.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public. We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Service.

While we are very appreciative of the user-generated content you will provide, we do not compensate users for such content creation.

If you delete your profile from our site, then we will remove all association between you and your recommendations, suggestions, notes, stories and other user-generated content; the content itself will remain available on an anonymous basis.

5. Curated Items Program and Item Curators

The objective of the program “Curated Items” is to involve and empower CircleMe users in order to improve the content available on CircleMe for the benefit of all other users on the platform who have expressed an interest for specific item topics. We allow users that request it, to become official “item curators” for a determined amount of time. Once the request is received by our team, we will evaluate it and respond within a reasonable timeframe whether the request has been accepted and for what period of time the user will be granted the role of curator for the specific item.

During the period as a curator, the user will have the possibility (and access to features) to decide which type of content is more relevant and interesting for a specific item on CircleMe. The curator will be able to publish posts and manage the posts published by other users on that item.

The curator has the responsibility to curate the item in the interest of all other users enjoying the services of the platform, and shall not take advantage of his or her role for personal or commercial interests that are not aligned with the objective of the program. The curator shall post at minimum a story per week related to each item s/he curates, and shall not receive more than two (2) downvotes on a story s/he posted or one (1) negative report by the CircleMe community.

While being very appreciative of the user interest and involvement in the program as a curator, in the interest of all users of the platform we reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User-Generated Content, such as User-Generated Content which violates these Terms of Service. Furthermore, would the curator not abide to these terms of service or receive the aforementioned negative reports or downvotes from the community, we reserve the right to remove him/her from the role of curator for the specific item or for all items curated.

6. Digital Millennium Copyright Act Compliance

You will only upload, post, submit or otherwise transmit User-Generated Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). We will in appropriate circumstances terminate the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

7. Your Property Rights and the Licenses You Grant to CircleMe

Except where stated otherwise in these Terms of Service or elsewhere on the Site (see "Third Parties: Content Producers and Websites," below), we claim no ownership or control over any User-Generated Content. You retain any and all trademark rights and copyright to any User-Generated Content that you submit, post or display on or through the Site or the Services and you are responsible for protecting those rights.
While you own all of your own User-Generated Content, you hereby grant us, our licensees of the Applications and business partners a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit your User-Generated Content for any purpose. Furthermore, you hereby grant us, our licensees of the Applications and business partners the right to publicly exhibit, display, reproduce, store, distribute, alter or make other use of videos, photographs, images or likenesses of you, or in which you may be included with others. You consent to such uses in any medium now known or developed in the future, including photographs, video, slide shows, Internet images or other mediums, means of storage or distribution. You agree that such images and likenesses of you can be used with or without your name. You give this permission without any limitation whatsoever. In consideration of the opportunity to have your image, likeness and/or name used as set forth above, you agree to release and discharge us, our licensees of the Applications and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim, based on or arising out of or in connection with the above-stated uses of images of you or your image, likeness or name.
In granting these license to us, our licensees of the Applications and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User-Generated Content.

8. CircleMe Property

Other than your own User-Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in the Site, CircleMe Content, Services, and Applications contained therein. The Site, CircleMe Content, Services, and Applications are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the Site, CircleMe Content or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, CircleMe or related products and services. Other than explicitly stated herein, you may not make any commercial use of the Site, CircleMe Content and Services without CircleMe's prior written approval (if interested in commercial use of the Site, its content and services, please contact us at partnerships@circleme.com).

9. General Prohibitions

You agree not to do any of the following while using CircleMe: In case you receive unsolicited messages or other nuisances from another user in breach of the above you may report these events to us through report@circleme.com. Each signaling shall include the allegedly illegitimate communication received. We will not take further actions nor consider reports that are not adequately supported with proofs of the events signaled.

We will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of CircleMe for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

10. Personal Information & Content

At CircleMe we care about what information you share, and how: for this reason, we give you control of what content and information to share through our Account & Privacy Settings. Furthermore, please note:
  1. Some information related to your “Me” page (i.e., profile page) will be accessible for anyone, including people off of CircleMe.
  2. If your settings allow for anyone to see content related to your likes & to-do’s,  it means that you are allowing everyone, including people off of CircleMe, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  3. If you upload any picture, video, or any other content that is covered by Intellectual Property (IP) rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with CircleMe.

11. Our Liability on Content

CircleMe’s goal is to make anyone enjoy the things that he/she likes the most, providing information and services related to these different interests. However, since this service is extremely personalized, our team cannot review and test all suggestions provided by the community of CircleMe users. Hence, we disclaim all liability and responsibility arising from you following any suggestion or other material on our site that you rely, or someone you inform relies on, and does not meet expectations.
Additionally, since we cannot enforce users to update all their information (or information created by them), users of the site should be aware that some material may be out of date when they access it.
You understand that by using or accessing CircleMe you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any CircleMe Content or User-Generated Content posted, emailed, transmitted or otherwise made available on the Site, via the Service or the Applications.

12. Links to CircleMe and from CircleMe to other sites

You may link to our website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you or in relation to which you are not authorised.
Additionally, our site must not be framed on any other site, unless previously authorised. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms of use.
If you wish to make any use of material on our site other than that set out above, please email your request to partnerships@circleme.com.
CircleMe may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

13. Termination

If you violate any of these Terms of Service, your permission to use and access CircleMe will automatically terminate. Should your account or usage be terminated, you are prohibited from creating any new accounts or otherwise accessing CircleMe without our prior written approval. We reserve the right to revoke your access to and use of CircleMe at any time, with or without cause. We also reserve the right to cease providing or to change CircleMe at any time and without notice.

14. Use of CircleMe at Your Own Risk

Your access to and use of CircleMe is at your own risk. We will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of CircleMe.

15. CircleMe is Available "AS-IS"

CircleMe IS PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT CircleMe WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH CircleMe OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CircleMe. WE ASSUME NO RESPONSIBILITY FOR ANY: PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF CircleMe; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY UNAUTHORIZED USE, DISPLAY, PERFORMANCE OR DISTRIBUTION OF YOUR USER-GENERATED CONTENT BY US (UNLESS DUE TO OUR INTENTIONAL FAILURE) OR BY A THIRD PARTY; YOUR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CircleMe; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH CircleMe BY ANY THIRD PARTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH CircleMe WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16. Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of CircleMe; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that your User-Generated Content caused damage to a third party, including, without limitation, claims that your User-Generated Content is infringing.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT, NOR WILL ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING CircleMe, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, CircleMe, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO, DOWNLOADED FROM, OR LINKED TO CircleMe.
YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF CircleMe IS LIMITED TO ONE HUNDRED ($100) U.S DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO CircleMe MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

18. Feedback

We encourage you to provide feedback, comments and suggestions regarding CircleMe, and provide responses to our user surveys ("Feedback"). Feedback may be submitted to feedback@circleme.com. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby agree to assign all rights, title and interest you have in such Feedback to us together with all intellectual property rights therein.
We appreciate all the feedback we will receive from users; at the same time we may not use this feedback and we have no obligation to compensate you for it.

19. Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

20. Waiver

Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

21. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state courts located in Milan, Italy, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

22. Entire Agreement

Except where noted, these Terms of Service are the entire and exclusive agreement between us and you regarding CircleMe and these Terms of Service supersede and replace any prior agreements between us and you regarding CircleMe. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

If you have any questions or concerns about these Terms of Service, please contact us at info@circleme.com.

23. Changes to These Terms

We may revise these Terms of Service from time to time. The most current version of the Terms will always be available at www.circleme.com/terms. If we make a change to these Terms that, in our sole discretion, is material, we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms.



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