Terms of Use Agreement
CIRCUSPROMOTERS.COM TERMS OF USE AGREEMENT
Last updated January 23, 2014
Welcome to Circuspromoters.com. This Terms of Use Agreement (this "Agreement") explains the terms and conditions that apply to your use of the Circuspromoters.com Service (as defined below) and constitutes a legally binding agreement between you and Bofomatis Investment Ltd., a BVI corporation ("Circuspromoters.com", "we", "us" or "our").
By accepting this Agreement, using the Circuspromoters.com Service, or Posting any of Your Content (as defined below) through the Circuspromoters.com Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and Circuspromoters.com and the terms hereof apply to you whether you are a registered user, a visitor just browsing the Site (as defined below) or a user or visitor using the Applications (as defined below). If you do not agree with this Agreement in its entirety, you must not accept this agreement and may not use the Circuspromoters.com Service.
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE Circuspromoters.com SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then you are not permitted to use the Service.
1. Terms Of Service
We may at our discretion change the terms of this Agreement at any time and will post a copy of the amended Agreement on the Site and on the Applications. We will also update the “Last Updated” date in any such amended Agreement. Such changes shall be effective upon posting by us, and if you use the Circuspromoters.com Service after that date, your use will constitute acceptance of the revised terms and conditions. However, no revisions to this Agreement will apply to any dispute between you and Circuspromoters.com that arose prior to the date of such revision. If you do not agree to, or cannot comply with this Agreement, as amended, then you must stop using the Circuspromoters.com Service and cancel your Circuspromoters.com account. We encourage you to check the Circuspromoters.com policies on the Applications or Site frequently.
We occasionally may have a need to communicate with you. You hereby authorize Circuspromoters.com to communicate with you via e-mail for any matter related to the Circuspromoters.com Service or this Agreement, including, but not limited to, promotional opportunities available on, through or related to the Circuspromoters.com Service. With respect to promotional opportunities and certain other communications, you will be given the opportunity to opt out of receiving such communications, however, you hereby grant Circuspromoters.com permission to communicate with you via e-mail about your use of the Circuspromoters.com Service, changes to this Agreement, or your rights and obligations under this Agreement.
2. The Circuspromoters.com Service
The "Circuspromoters.com Service" consists of: (a) our Principles of operation, Mission, Value, Contacts, Privacy Policy and Terms of Use Agreement whether available through our website located at www.circuspromoters.com (the “Site”); (b) our platform for artists with are placed within easy access to employers, with access contact information, information about the merits of the artist, photos and videos of their act. Employers have the opportunity finding and contact the artist directly; (c) all software (including the Software, as defined below), data, text, photo, video made available by Circuspromoters.com through any of the foregoing (collectively referred to as the "Content") and (d) any updates, additional features and functionality that Circuspromoters.com may offer in connection with the foregoing.
We offer portions of the Circuspromoters.com Service to you for free. You understand and agree that this Agreement is entered into in consideration of your use of the Circuspromoters.com Service pursuant to these terms and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
3. Changes To Your Circuspromoters.com Service
Circuspromoters.com may at its discretion and from time to time change, add or remove features and functionality of the Circuspromoters.com Service without notice. Circuspromoters.com reserves the right to discontinue some or all of the features of the Circuspromoters.com Service at any time at its discretion (including the provision of updates). Additionally, a given Circuspromoters.com subscription may support different features and functionality, and Circuspromoters.com is under no obligation to provide all features and functionality with your subscription. You agree that Circuspromoters.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Circuspromoters.com Service. If you are dissatisfied with any changes to the Circuspromoters.com Service, then your sole option is to discontinue use of the Circuspromoters.com Service.
4. Circuspromoters.com Privacy Policy
A copy of the Circuspromoters.com Privacy Policy (the “Privacy Policy) can be found via the Site at www.circuspromoters.com/content/confidential-agree or within the Applications. Please read it carefully before using the Circuspromoters.com Service. By using the Circuspromoters.com Service, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options Circuspromoters.com provides to you with regard to your information. All terms of the Privacy Policy are hereby incorporated by reference into this Agreement.
5. Registration and Account
To access certain features of the Circuspromoters.com Service and to post Your Content, you will be required to register and provide certain information, including a user name, last name, birth year, gender, country of residense, password and an email address. You are responsible for maintaining the confidentiality of your user name, password and other account information and for all activities that occur under your user name or account. You agree to provide accurate information and to update your account as necessary to keep it accurate. You may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. We will use your information in accordance with our Privacy Policy.
Circuspromoters.com reserves the right to reject or revoke at any time the right of any user to use any name as part of a user name on the Circuspromoters.com Service, without any liability to you. Circuspromoters.com may choose to limit user registrations to those whose name and identity can be easily verified, as it may determine in its sole discretion. Circuspromoters.com will suspend your account if you are suspected of impersonating anyone on the Service.
You agree you will not allow others to access or use your account. You agree to notify us immediately of any unauthorized use of your account. Circuspromoters.com will not be responsible or liable for any losses or damages that you may incur as a result of the unauthorized use of your user name, password and/or account, either with or without your knowledge, prior to your notifying us of any unauthorized use of your account.
6. Using The Circuspromoters.com Service
The Circuspromoters.com Service is provided only for your personal use. You may not transfer the Circuspromoters.com Service to a third party.
You agree you will not:
• sublicense, resell, rent, lease, transfer or otherwise commercially exploit or make the Circuspromoters.com Service available to any third party, in whole or in part;
• use the Circuspromoters.com Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Circuspromoters.com Service or its components;
• modify, adapt, circumvent or hack the Circuspromoters.com Service to, or otherwise attempt to gain unauthorized access to the Circuspromoters.com Service or its related systems or networks;
• use the Circuspromoters.com Service in any way that violates this Agreement.
You agree you will comply with any codes of conduct, policies or other notices Circuspromoters.com provides you or publishes in connection with the Circuspromoters.com Service, and you shall promptly notify Circuspromoters.com if you learn of a security breach related to the Circuspromoters.com Service. You agree and warrant that you will comply with all laws, rules and regulations in connection with your use of the Circuspromoters.com Service, and you will not use the Circuspromoters.com Service in any manner that violates such laws, rules or regulations.
7. Mobile Services and other Requirements
The Circuspromoters.com Service includes certain services that are available via a mobile device, including (i) the ability to browse the Circuspromoters.com Service from a mobile device and (ii) the ability to access certain features of the Circuspromoters.com Service through applications downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Circuspromoters.com Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
In addition, you will be responsible for providing any other the equipment, hardware, software and services necessary to use the Circuspromoters.com Service.
8. We Don't Control the Third Party Content
“Third Party Content” means, collectively, (i) the images, photos, video recordings, data, information, feedback, suggestions, text, content and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit or store (collectively, “Post” or "Post(ing)") in connection with or relating to the Circuspromoters.com Service, (ii) any links or other access to other sites and resources on the Internet that may be provided by the Circuspromoters.com Service or third parties. The Circuspromoters.com Service gives you the ability to viewing, listen to and access Third Party Content over which Circuspromoters.com exercises no editorial or programming control. You understand that (a) Circuspromoters.com does not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Content, (b) Third Party Content is not under Circuspromoters.com control and Circuspromoters.com is not responsible for and does not endorse such Third Party Content, (c) owners of the Third Party Content may change or delete Third Party Content or schedules at any time, and (d) Circuspromoters.com is not responsible for and has no editorial control over any Third Party Content or the distribution thereof. YOU AGREE THAT CIRCUSPROMOTERS.COM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF YOUR USE OF OR ACCESS TO ANY THIRD PARTY CONTENT ON OR THROUGH THE CIRCUSPROMOTERS.COM SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE UPON ANY THIRD PARTY CONTENT MADE AVAILABLE ON OR THROUGH THE CIRCUSPROMOTERS.COM SERVICE.
9. Third Party Content Is Copyrighted and Protected
You acknowledge and agree that Third Party Content is the copyrighted material of the third party that supplies it, is protected by copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law.
Third Party Content may be transmitted with a variety of copy protection mechanisms.
10. Advertisements, Sponsorships, Promotions and Other Partnerships
Circuspromoters.com may display advertisements for the goods and services of third parties or other promotional materials via the Circuspromoters.com Service. Your dealings with, or participation in promotions of any third party advertisers via the Circuspromoters.com Service are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. Circuspromoters.com does not endorse or represent such third parties and by using the Circuspromoters.com Service, you agree that Circuspromoters.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Circuspromoters.com Service.
The Circuspromoters.com Service may also present links to third party websites or third party services not owned or operated by Circuspromoters.com (“Third Party Sites”). We do not endorse or represent such third parties and we are not responsible for the availability of these Third Party Sites or their services or content. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such Third Party Site or their goods or services available through any such Third Party Sites. Certain functionalities of the Circuspromoters.com Service may also require that you agree to additional terms and conditions of Third Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third Party Sites.
Any supplemental terms and conditions required for use of any portion of the Circuspromoters.com Service offered by Circuspromoters.com (but not those of any Third Party Site) will, unless otherwise expressly stated in such terms, supersede this Agreement in the event of a conflict only as to that portion of the Circuspromoters.com Service with respect to which those supplemental terms relate. Such supplemental terms and conditions (if any) (but not those of any Third Party Site), are hereby incorporated by reference into and made a part of this Agreement in each and every instance.
11. Eligible Users
You must be at least 18 years of age to use the Circuspromoters.com Service. Children over the age of 13 may use the Circuspromoters.com Service only if their parent or legal guardian accepts and agrees to the terms and conditions of this Agreement on their behalf and thereby assumes full responsibility for the child's use of the Circuspromoters.com Service. By using the Circuspromoters.com Service, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Circuspromoters.com Service is not intended for children under the age of 13.
12. Special Notice for International Use; Export Controls
Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Circuspromoters.com Service, including as it concerns online conduct and acceptable content.
13. Security
You understand that the operation of the Circuspromoters.com Service, including Your Content, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to Circuspromoters.com third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Circuspromoters.com Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Circuspromoters.com will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content and Circuspromoters.com shall have no obligation to keep Your Content confidential and you hereby authorize Circuspromoters.com to make any of Your Content public at any time in Circuspromoters.com sole discretion, subject to the Circuspromoters.com Privacy Policy. You are solely responsible for keeping backup copies of any of Your Content uploaded to or through the Circuspromoters.com Service.
14. Termination Of Service
You may terminate your account(s), this Agreement, and your right to use the Circuspromoters.com Service, at any time and for any reason or no reason, by contacting Circuspromoters.com Customer Support at either sales@сircuspromoters.com (Questions for employers) or commerce@сircuspromoters.com (Questions for artists). Notwithstanding anything to the contrary in this Agreement, Circuspromoters.com has the right to immediately suspend or terminate your account(s) at any time for any reason or no reason, with or without notice to you. All of Your Content on the Circuspromoters.com Service (if any) may be permanently deleted by Circuspromoters.com at any time and for any reason in Circuspromoters.com sole discretion, with or without notice to you. In addition, Circuspromoters.com may notify authorities or take any actions it deems appropriate, without notice to you, if Circuspromoters.com suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of this Agreement or any policies or rules established by Circuspromoters.com; or (ii) engaged in actions relating to or in the course of using the Circuspromoters.com Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Circuspromoters.com, the Circuspromoters.com Service, the Circuspromoters.com Service users or any other third parties.
If Circuspromoters.com terminates your account(s) without cause and you have signed up for a fee-bearing service, Circuspromoters.com will refund the pro-rated, unearned portion of any amount that you have prepaid to Circuspromoters.com for such service. However, all accrued rights to payment and the terms of Section 13-26 shall survive termination of this Agreement.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Circuspromoters.com Service to you. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease. Circuspromoters.com is not liable to you or any third party for termination of the Circuspromoters.com Service or termination of your use of the Circuspromoters.com Service. Upon any termination or suspension, any information (including Your Content) that you have Posted to the Circuspromoters.com Service or that is related to your account may no longer be accessed by you. Furthermore, Circuspromoters.com will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. You acknowledge and agree that Circuspromoters.com shall not be required to delete any of Your Content that may be stored on any servers or other back up media owned or controlled by or on behalf of Circuspromoters.com following the termination of your account.
15. License Grant and Intellectual Property
You may be required to use certain software programs to use or have full access to certain features of the Circuspromoters.com Service. Any software that may be made available by Circuspromoters.com in connection with the Circuspromoters.com Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Any use of the Circuspromoters.com Service other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Circuspromoters.com.
16. Interactions between Circuspromoters.com Service Users
You are solely responsible for your interactions (including any disputes) with other Circuspromoters.com Service users. You understand that Circuspromoters.com does not in any way screen Circuspromoters.com Service users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Circuspromoters.com Service and disclosing personal information to other Circuspromoters.com Service users. You agree to take reasonable precautions in all interactions with other Circuspromoters.com Service users, particularly if you decide to meet a Circuspromoters.com Service user offline, or in person. Your use of the Circuspromoters.com Service, Third Party Content and any other information or materials made available through the Circuspromoters.com Service is at your sole risk and discretion and Circuspromoters.com hereby disclaims any and all liability to you or any third party relating thereto. Circuspromoters.com reserves the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You will comply fully with Circuspromoters.com to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Circuspromoters.com representatives access to any password-protected portions of your Circuspromoters.com account.
17. Indemnity
You agree to defend, indemnify and hold harmless Circuspromoters.com, its officers, directors, employees, from and against any and all third party claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your breach of any term of this Agreement, (ii) Your Content (including, but not limited to, any claim that Your Content caused damage to a third party or violates any third party right) or (iii) your use, access or misuse of the Circuspromoters.com Service. Circuspromoters.com shall provide notice to you of any such claim, suit or demand but if Circuspromoters.com is unable to communicate with you in a timely manner because of an inactive e-mail address, your indemnification obligation will continue notwithstanding Circuspromoters.com inability to contact you in a timely manner. Circuspromoters.com reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Circuspromoters.com defense of such matter. You agree not to settle any matter without the prior written consent of Circuspromoters.com.
18. Representations and Warranties.
You represent and warrant to Circuspromoters.com that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions or licenses required to engage in your posting and other activities (and allow Circuspromoters.com to perform its obligations) in connection with the Circuspromoters.com Service without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Circuspromoters.com Service, and Circuspromoters.com exercise of all rights and licenses granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) the Use of Your Content as authorized in this Agreement will not require Circuspromoters.com or any third party sublicensees of Circuspromoters.com to obtain any further licenses from or pay any royalties to any third parties for such Use.
Page Terms of Use Agreement is under construction.