| YOU MAY NOT USE THIS SERVICE IF YOU ARE A UNDER THE AGE OF 13. |
| THIS SERVICE MAY EXPOSE YOU TO CONTENT OF A MATURE AND ADULT NATURE. IF YOU DO NOT WISH TO BE EXPOSED TO THIS TYPE OF CONTENT, YOU SHOULD NOT ACCESS OR USE THIS SERVICE. |
| TO REPORT ANY VIOLATIONS OF THESE TERMS OF SERVICE, PLEASE CONTACT US AT ABUSE@MYCIRCLES.COM. |
| Welcome to MyCircles.com, a service provided to you by MyCircles, LLC. (“MyCircles”, “we” or “us”). These Terms of Service apply only to the web site and service located at www.mycircles.com (the “Service”). Your access and use of the Service is subject to these Terms of Service and all applicable laws, rules and regulations. By accessing or using any part of the Service, you acknowledge that you have read and accept these Terms of Service. If you do not agree with all of these Terms of Service, you may not use any portion of the Service. We reserve the right to update or change these Terms of Service at any time by posting such changes on the web site. Your continued use of the Service after we post any changes signifies your agreement to any such changes. If you do not agree to these changes, you must stop using or accessing the Service. |
| Permitted Use of the Service: This Service is a social networking and online dating community and forum consisting primarily of user-generated content. You may use the Service solely for your own personal and noncommercial use. For more information on how the Service operates, please read our Frequently Asked Questions (“FAQs”) by clicking here. Any information on our FAQs or Help portions of the Service are for general informational purposes only, and do not modify the provisions of these Terms of Service. |
| Registration and Passwords: In order to use many features of the Service, you must register to become a member. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Only one account per person is permitted. You may not select any screen name that impersonates another, infringes another’s intellectual property or personal rights or that violates our Acceptable Use Policy listed below. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We will presume that all activity under a user name and password is being conducted by you. If you suspect any unauthorized use of your user name and password, it is your responsibility to contact us immediately at membership@mycircles.com. |
| Fees: Registration for the Service is free, however, access to certain portions of the Service may be subject to the payment of certain fees. By completing the payment information, you authorize MyCircles to charge the appropriate fees to your designated credit card, debit card or checking account. If any of your billing information changes (e.g., new credit card number or new address, etc.), you must update that information in the My Account area of the Service. All fees are non-refundable. We include in the Service the ability for you to make electronic purchases. You acknowledge and agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. You may withdraw your consent to enter into such electronic agreements by giving written notice to us, but if you do so, you will not thereafter be able to access certain portions of the Service. |
| Acceptable Use Policy: This Service provides you with the ability to upload, post and share content, including images, text, graphics, audio and video with other people. You are solely responsible for the content of materials and information that provide. You must show respect and consideration to other users on the Service and refrain from any inappropriate or illegal conduct. |
| By way of example, you may not use the Service, or encourage others to use the Service, to post, upload or transmit any message or content which: |
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| If you become aware of any violation of this Acceptable Use Policy, you should immediately contact us at abuse@mycircles.com and give us as much information as possible regarding such violation. |
| No Spam: You may not use the Service to transmit any unsolicited messages to any recipient from whom you have not received prior demonstrable consent or in a manner with violates any law or obligation regarding the transmission of email messages. In addition, you may not use or develop any automated process to transmit messages through use of the Service. |
| Unauthorized Use of the Service: You may not use the Service for any commercial purpose whatsoever, including but not limited to, the promotion of any products, services, displaying hyperlinks to other web sites or providing email addresses for commercial purposes. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Service to any third party. |
| Termination of Access: In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. We may also choose to change, suspend or terminate the Service in general at any time without notice. If we terminate your account for no reason, we will refund to you any pre-paid portion of your membership fees that have not yet been used. No refunds will be permitted if you have violated these Terms of Service. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. You can terminate your account at any time by contacting us at billing@mycircles.com and notify us of your desire to terminate your account. |
| Privacy: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy. |
| Abuse: If you become aware of any violations of these Terms of Service, abuse of the Service or violations of law, you are strongly encouraged to contact us as abuse@mycircles.com. If you are in danger or an emergency exists, you should call 911 or contact the authorities where you are located. |
| Communications with MyCircles: Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and/or posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information. |
| Software License: As part of the Service, MyCircles may give you the ability to download and use certain software tools from time to time such as RSS feeds, instant messenger programs, chat programs and other items. Subject to all of the other conditions in these Terms of Service regarding the Service, we hereby grant you a non-exclusive, non-transferable, limited license to use such software on your personal computer for your personal and non-commercial use only. You represent and warrant to us that you have the right to install such software on the computer you are using. |
| Software Updates: If you do choose to download and install the software components of the Service, we may from time to time provide updates, enhancements, patches, fixes and other modifications to such software, or repair a damaged or inoperable installation of the software, either by providing you with a notice and information regarding how to download and install such modifications, or by automatically installing such modifications on your personal computer without any additional notice to you. You acknowledge and consent that we may install such modifications. If you do not want us to install such modifications, then you should remove the software by following the instructions below. |
| Removing the Software: You may remove any software installed through the Service at any time from your personal computer by accessing the Add/Remove Programs feature in the Control Panel of your computer and removing the particular program, or by visiting the Help portion of our web site for instructions. |
| License from you to MyCircles.com: You hereby grant us a perpetual license to use, redact, republish, copy and distribute your content and postings that you upload to the Service, including your name and likeness and any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. |
| No Control Over Content: You understand that all text, images, video and other 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 MyCircles, are entirely responsible for all content that you upload, post or otherwise transmit via the Service. We do not control the user content posted via the Service and as such, do not guarantee the accuracy, integrity, quality or appropriateness of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. |
| Proprietary Rights: We are the exclusive owner or authorized licensors of the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. The Service may not be reverse engineered, decompiled or modified, nor may derivative works be created based on the Service, without the prior written consent of MyCircles. All rights not granted under these Terms of Service are reserved by MyCircles. |
| Protecting Children: MyCircles may not be used by people under the age of 13. MyCircles.com attempts to screen users in the United States to ensure that they are not under the age of 13, but we are unable to do so for international users. Therefore, you should be aware of this fact if you are corresponding with someone outside of the United States through the Service. |
| You may not upload, post or transmit any images containing, or personally identifiable information about, people under the age of 13. If you upload any such content, you are solely responsible for compliance with all of the record keeping and other provisions of 18 U.S.C. §2257 and all other applicable laws, rules and regulations of any jurisdiction to which you are subject or in which the content may be viewed, and grant MyCircles the right to audit your premises and/or receive copies of such records at any time upon request. MyCircles is merely a forum for users to interact with one another and does not assume any responsibility for such content. |
| Monitoring: MyCircles may, but is under no obligation to, monitor and screen users and content on the Service. In the event we do review content and use of the Service, we may block, remove or modify any information or materials on the Service that we deem inappropriate or that violates these Terms of Service. |
| Links: This Service may contain links to other web sites not maintained by us, and through such links you may be able to engage in certain transactions with third parties or access third party content. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. |
| No Warranties: While we make reasonable efforts to provide you with the Service, you must be aware that we are unable to control users who use the Service and we are unable to control the Internet or other factors that may impact your use of the Service. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10). |
| Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Service, (ii) the content of any posting you make to the Service, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law. |
| Governing Law: The laws of the State of Florida shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN BROWARD COUNTY, FLORIDA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE. |
| International Access: Our Service is provided from the United States of America and all servers which make them available reside in the U.S.A. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. |
| Arbitration: You agree that any and all disputes, controversies and claims relating in any way to the Service or these Terms of Service (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration before a single arbitrator administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in Broward County, Florida. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an action involving any other current or former user of the Service, whether through class action proceedings or otherwise. |
| Digital Millennium Copyright Act ("DMCA") Notice: Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service. |
| If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains: |
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| All DMCA notices should be sent to our designated agent as follows: |
MyCircles, LLC |
| copyright@mycircles.com |
| It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. |
| Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service. |
| Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. |
| Contact Information: Should you have any questions regarding these Terms of Service, you may contact us at legal@mycircles.com . |
Terms of Services
