By using CiviSites, you agree to be bound by these Terms and Conditions. If you do not agree with any of the following terms, your sole recourse is not to use the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Circle Interactive shall have the right to modify the terms of this Agreement at any time, and any such modification shall be effective immediately upon posting to this page.
1. General. You understand and acknowledge that the Service is being provided “AS IS” and “AS AVAILABLE”. Circle Interactive reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time, or from time to time, with or without notice to you.
2. Support. This Agreement does not commit Circle Interactive to any support obligations to you in connection with the Service. Such obligations, if any, will be specified in a separate agreement between you and Circle Interactive. Technical support is only provided to account holders that have paid for a support component and is only available via email.
3. Content. You alone are responsible for your content. You promise that you own, or have the necessary permissions to use your content. You may not imply that your content is in any way sponsored or endorsed by Circle Interactive. We claim no intellectual property rights or ownership over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
You agree that you will not:
- Post, transmit, facilitate, or link to content that contains threats or incitement to violence towards individuals or entities, or are discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
- Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
- Post, upload or transmit any material that contains viruses, malware, Trojans, spyware, worms or other harmful or corrupted components.
- Post, host, or transmit unsolicited email, SMSs, or “spam” messages
4. Warranty. The service is provided “as is” with no warranty of any kind and you use the service at your own risk. Circle Interactive does not warrant that (i) the service will meet your specific 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 Service will be corrected. Circle Interactive expressly disclaims any warranty regarding the service, its features or any content, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Any material transmitted, stored, accessed or otherwise maintained through the use of the service is done at your own discretion and risk.
5. Limitation of Liability. You expressly understand and agree that under no circumstances will Circle Interactive be liable to you for any damages whatsoever arising out of or in connection with your use of the service. Under no circumstances shall Circle Interactive be liable to you for any amount.
6. Termination. Either party may terminate this Agreement at any time, with or without cause, upon notice to the other party.
7. Indemnity. You agree to hold harmless and indemnify Circle Interactive, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, Circle Interactive will provide you with written notice of such claim, suit or action.
8. Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations whatsoever without Circle Interactive’s prior written consent. Any such purported assignment or delegation by you without Circle Interactive’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Circle Interactive at its sole and absolute discretion
10. Bandwidth. If your bandwidth usage exceeds limits set, or significantly exceeds the average bandwidth usage (as determined solely by Circle Interactive) of other CiviSites customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
11. Waiver. The failure of Circle Interactive to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Circle Interactive and govern your use of the Service, superceding any prior agreements between you and Circle Interactive (including, but not limited to, any prior versions of the Terms of Service).
12. Violation. If you violate the terms of the Service, we may suspend your account and take your site(s) offline until the violation has ceased, and may permanently exclude you from holding an account on the Service. The decision about whether an account or site is in violation of the terms is at the sole discretion of Circle Interactive.
1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3. You are responsible for maintaining the security of your account and password. Circle Interactive cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4. You are responsible for all Content posted and activity that occurs on your site (even when Content is posted by others who have accounts on your site).