If you have any questions about the Terms of Service, please contact us as instructed at the bottom of this privacy statement.
ACCEPTANCE OF TERMS
EuroCircle (“EC “) provides its services subject to certain terms and conditions including the terms set out below. Collectively, these are the “Terms of Service” or “TOS”. All of these may be revised by EC from time to time, usually without notice , and will be posted as amended on our site. Use of our services constitutes acceptance of the Terms of Service, as so published.
THE EUROCIRCLE SERVICE
EC provides its users with a collection of resources, including forums, events, some communication tools and other services. These features, and any additional features adopted by EC, (collectively, the “Service”) are subject to the TOS. You understand and agree that the EC services are provided “AS-IS” and that EC does NOT assume any responsibility for the content of any of these communications, or for the deletion or failure to display or store any user communications. You also understand and agree that the service may include certain communications from EC such as service announcements, administrative messages and the EC Newsletter, and that these communications are considered part of your EC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EC properties, shall be subject to the TOS.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the EC Terms Of Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Create a New Account Data”) and (b) maintain and promptly update this Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
EC PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy.
USER/MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“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 EC, are entirely responsible for all Content that you upload, make available, post, email to us or any other member or otherwise transmit via the Service. EC does not actively control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will EC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not knowingly or intentionally use EC to:
a. upload, make available, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, or otherwise objectionable;
b. upload, make available, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual agreement or relationship
c. harm minors in any way;
d. impersonate any person or entity, including, but not limited to, a EC employee/contactor/affiliate, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Service;
f. upload, make available, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, make available, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “multi-level marketing” or any other form of solicitation, except in those areas or groups that may be designated for such purpose;
h. upload, make available, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law; or
l. “stalk” or otherwise harass another user.
You acknowledge that EC does not actively pre-screen Content such as event photos, but that EC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, EC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge and agree that EC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EC , its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
TERMINATION OF USE
You agree that EC, in its sole discretion under certain circumstances and without prior notice, may terminate all or part of your user access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. EC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that EC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EC shall not be liable to you or any third-party for any termination of your access to the Service.
EUROCIRCLE EVENTS AT VENUES
EuroCircle events. Through our Site we provide tools that enable our users (a.k.a. EuroCircle Organizers/Teams in different cities or members) to arrange physical gatherings (“EuroCircle events ” or “Member Events”) at venues that include, but are not limited to, public parks, clubs, bars, private homes or private enterprises (such as coffee shops or retail stores). We as an organization do not supervise these events and are not involved in any way with the actions of any individuals at these events. As a result, we have no control over the identity or actions of the individuals who are present at these events, and we request that our users exercise caution and good judgment when attending these events.
Release. Because we do not supervise or control the events or interactions among between members and other persons or companies, and because we are not involved in any way with physical transportation to or from these EuroCircle events or with the actions of any individuals at these EuroCircle or Member events events, and because we do not control Paypal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of EuroCircle.com/EuroCircle.Net users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the EuroCircle site/s you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and EuroCircle Organizers in different cities and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the EuroCircle.com/EuroCircle.Net, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a EuroCircle event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
CHILD PROTECTION
NO PERSONS UNDER THE AGE OF EIGHTEEN ARE PERMITTED TO USE EC.
USER/MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You acknowledge and agree that EC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EC , its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
ADDITIONAL TERMS
Recognizing the global nature of the Internet, you agree to comply with all rules for your local areas regarding online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
MATERIALS PROVIDED TO EC OR POSTED ON ANY EC SERVICE
EC does not claim ownership of the materials, in any format including, but not limited to, text, images, photographs, audio, or video, that you provide to EC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are, subject to the privacy provisions provided herein, granting EC , its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all EC Services), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
You additionally warrant that each person depicted or recorded in such Submissions, if any, has provided consent to the use of the Submissions as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Submissions, or that their consent is not required by law for the uses described above.
No compensation will be paid with respect to the use of your Submission, as provided herein. EC is under no obligation to post or use any Submission you may provide and EC may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, or that you have a license to such rights, or that such rights are covered by fair use.
INDEMNITY
You agree to indemnify and hold EC, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you make available, submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE RIGHTS
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of or access to the EC Service.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others to use the EC Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of EC in conjunction with the sending of unsolicited email, or cause to be used EC ‘s equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that EC ‘s network addresses or EC -hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with EC include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of “spamming” or similar inappropriate behavior should be reported to EC by filling out our contact form.
NO AUTOMATED WEB SITE ACCESS
You may not send automated requests of any sort to EC ‘s system without express permission in advance from EC. Note that ‘sending automated requests’ includes, among other things: 1) using any software which sends requests to EC to determine meta-data on members or data, 2) “meta-searching” EC , and 3) performing “offline” searches or accesses of EC.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that EC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message or attachment that may be sent from or received by an account on the Service, the maximum disk space that may be allotted on EC ‘s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that EC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that EC reserves the right to log off users that are inactive for an extended period of time. You further acknowledge that EC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
EC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that EC shall not be 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 advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links or other means to obtain access to information from other persons, World Wide Web sites or resources. Because EC has no control over such persons, sites and resources, you acknowledge and agree that EC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
EC’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service, the EC Web Site, and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the EC Site, or the Software, in whole or in part.
EC grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by EC for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
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 MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via posting on the EC website, email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
The name EuroCircle and the EuroCircle service mark are trademarks of EuroCircle, Inc. and/or Kaisa Kokkonen (the “EC Marks”). You agree not to use in commerce any of the EC Marks.
COPYRIGHTS AND COPYRIGHT AGENTS
EC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact EC as set forth below.
EC respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You should be aware that some files may have been created or distributed without copyright owner authorization. As a condition to your account with EC, you agree that you will not use the EC service to infringe the intellectual property rights of others in any way. EC has the right to terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, EC reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the EC service, or if EC believes that user conduct is harmful to the interests of EC , its affiliates, or other users, or for any other reason in EC ‘s sole discretion, with or without cause.
In accordance with the U.S. Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), EC will respond expeditiously to claims of copyright infringement committed using the EC service that are reported to EC’s “Designated Copyright Agent” identified below.
Claims of infringement should be in writing and should be directed to EC ‘s designated agent as specified below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
EC ‘s Designated Agent for Notice of claims of copyright infringement:
Kaisa Kokkonen
EuroCircle, Inc
43 Rainey Street, Suite 3201, Austin TX 78701 USA
Telephone: (512) 551-3922
Contact us by email: info (at) eurocircle.com
Please report any violations of the Terms of Service to EC by filling out the contact form.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and EC and govern your use of the Service. The TOS and the relationship between you and EC shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and EC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York, United States. The failure of EC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 all other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to EC by filling out the contact form.