THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.

Terms of Service

Last Updated: July 19, 2020

Circletime Interactive, Inc. (hereinafter “Circletime,” “we” or “us”) provides this website (https://circletimefun.com) (the “Site”), our cloud-based platform (“Software”), and the associated data, services, information, tools, functionality, updates and similar materials delivered or provided byus (collectively, together with the Software, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service agreement (the “Agreement”).

This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into this Agreement, you are creating a binding contract withus.If you do not agree to these terms and conditions, you may not use the Service.

This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the “Last updated” date above to see when this Agreement was last updated.

License

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Service. No rights not explicitly listed are granted.

Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

●Privacy Policy – available at https://circletimefun.com/privacy

●Copyright Policy

●Complaint Policy (including Trademark and Privacy)

Platform Overview

In both this Agreement and our Privacy Policy, in any instance where “parent” appears, it should be interpreted as “parent or guardian, as appropriate.”

The Service, among other functionality, is designed to enable users to engage/communicate with other users and to enroll/attend interactive and on-demand classes that are convenient and engaging for parents, and fun and educational for children, with each class (“Classes”) being led by a subject matter expert (“Instructors”).  Circletime offers three different types of Classes: live; on-demand; and limited remote.  All Classes require an internet connection and a device to view the Classes, Instructors, and content, and some Classes may also require a camera and microphone.

Live Classes are offered at specific times and allow parents and children (“Families”) to simply watch the Instructor go through the content of the Class. On-demand Classes take place at the convenience of the Families, may have some interactive elements, and allow, but do not require, Families to enable their camera and/or microphone.  Finally, limited remote Classes are offered at specific times, utilize a third party videoconferencing platform, and require participating Families to enable the use of their cameras and microphones.

Prior to registering for a Class or utilizing certain user to user communication methods, a parent must register an account with the Service for their Family (“Account”) in order to use the Service.  The registration process will consist of providing certain personal information about the members of the Family, and providing certain consents and/or approvals, particularly with respect to any children and their personal or sensitive information which may be required in order to operate the Service.  Subscription and trial accounts are available.  Each Account must paired with one or more payment methods (“Payment Method”), including without limitation your bank account, credit card number, your credit card verification or other security code, the expiration date of your credit card, and your address.  All information about your Payment Method(s) must be accurate and complete before you access your Account.  Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method.

Eligibility

Some parts or all of the Service may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.

By requesting to use, registering to use and/or using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by all of the terms and conditions herein.

Important Notices

We do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that users will be able to access or use the Service, or its features, at all times.

We reserve 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.

The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

The materials appearing on or through the Service including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute financial, medical, legal, investment, or business advice. Those accessing the materials appearing on the Service should not act upon them without first seeking financial, legal or other counsel, as these materials are general in nature, and may not apply to particular factual or legal circumstances. The materials should not be used as a substitute for consultation with a professional adviser.

Subscriptions, Cancellations and Payments

The Service may require the payment of fees for ongoing, self-renewing subscription access to the Service (a “Subscription”).  If your Family has a Subscription Account, your Payment Method may be charged in the amounts and at the times identified in the Subscription you select (“Subscription Fees”).  When you sign-up for a Subscription, you will be granted access to the Service for the length of time identified when you sign-up.  We reserve the right to change the applicable Subscription fees or charges and to institute new subscription fees and charges at the end of the current Subscription term, which may be sent by email or by posting the revised or new fees to the Service.

In addition to Subscription Fees, you may incur a fee in the amount identified on the Service or at checkout to register for a Class, or to purchase other items/services that may be offered to you through the Service (each a “Transaction Fee” and together with Subscription Fees, the “Fees”). Except as otherwise agreed by Circletime, your Payment Method shall be charged for Transaction Fees immediately upon making a purchase.

Fees and other charges do not include federal, local, foreign, or similar transaction taxes (“Taxes”) now or hereafter levied, all of which shall be your responsibility. If we are required to pay Taxes on your behalf, you shall be invoiced for such Taxes and shall reimburse us for such amounts as described herein.

If you do not pay at checkout, we will invoice you for the applicable Fees at our election (i) on a monthly basis in advance, with all invoices due no less than five (5) days before the start of the month to which the invoice applies, or (ii) when such Fees are due, with such invoice being due within five (5) days of issuance by us.Circletime shall have the right to assess a late payment charge on any overdue amounts equal to the lesser of five percent (5%) per month, or the highest rate allowed by law.

UNLESS YOU CANCEL BEFORE RENEWAL AND EXCEPT WHERE PROHIBITED BY LAW, SUBSCRIPTIONS AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM OF THE SAME LENGTH UPON EXPIRATION. FEES OR CHARGES DURING ANY SUCH RENEWAL TERM SHALL BE THE SAME AS THAT DURING THE PRIOR TERM UNLESS WE HAVE GIVEN YOU NOTICE OF AN INCREASE AS DESCRIBED HEREIN, IN WHICH CASE THE INCREASE SHALL BE EFFECTIVE UPON RENEWAL AND THEREAFTER.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, BUT YOU WILL NOT BE ENTITLED TO A REFUND FOR ANY PAST PAYMENTS OR FUTURE PAYMENTS DUE DURING THE REMAINDER OF YOUR CANCELLED TERM. IF YOU CANCEL BEFORE THE END OF YOUR SUBSCRIPTION, YOU WILL BE CHARGED THE ENTIRE REMAINING SUBSCRIPTION FEES AT THAT TIME.

TO CANCEL YOUR SUBSCRIPTION, PLEASE LOGIN TO THE SERVICES AND FOLLOW THE INSTRUCTIONS THEREIN OR EMAIL [email protected]FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT WITH THE SUBJECT “CANCEL MY SUBSCRIPTION.”

To collect and/or process Fees, weuse a third-party to process payments (the “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. You agree to provide us accurate and complete information about you and your chosen Payment Method.  You authorize us to share such information as well as transaction information with the Payment Processor. As a user purchasing a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for such Subscription. You agree to make payment using that selected Payment Method, and you authorize us, through the Payment Processor, to charge your Payment Method at the times and in the amounts associated with such Subscription. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

For any subscription products, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.

The current range of Fee rates and tiers are available for review on the Service.

All transactions are final, and no refunds are available fromCircletime.

Rules of Conduct

Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You represent and warrant:

·       that you are the parent or guardian, as appropriate, of any minor children that you include as users of your Family Account;

·       that you agree and acknowledge that you are primarily responsible and liable to us for the acts and omissions, and violations of this Agreement, of any and all users that are part of your Family Account, including minor children;

·       that the information that you have provided on the Service is complete, accurate and true, and agree to update it as necessary;

·you are qualified and authorized to post, upload, communicate with other users about, and make decisions based upon, the materials or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation and best industry standards; and

·       you are not a competitor of Circletime.

You agree that you will not violate any applicable law or regulation in connection with your use of the Service.

You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) or graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:

●is unlawful or encourages another to engage in anything unlawful;

●contains a virus or any other similar programs or software which may damage the operation of our or another’s computer;

●violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or

●      is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.

You further agree that you will not do any of the following:

●breach, through the Service, any agreements that you enter into with any third parties;

●stalk, harass, injure, or harm another individual through the Service;

●modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;

●interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;

●transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;

●attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;

●take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

●harvest or collect the email address, contact information, or any other personal information of other users of the Service;

●use any means to crawl, scrape or collect content from the Service via automated or large group means;

●make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;

●impersonate any other person or business;

●attempt to access or access any portion of the Service that is not public; or

●      attempt to override or override any security measures in place on the Service.

We reserve the right, in our sole discretion, to protect users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Service, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

Content Submitted or Made Available to Us

You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce and otherwise use content you or anyone in your Family makes available to us.

Therefore, if you or anyone in your Family chooses to submit any Content to the Service, or otherwise make available any Content through the Service, you and such member of your Family hereby grant to us a perpetual, irrevocable,transferable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, transmit, distribute, translate and create derivative works from any such Content for purposes of providing the Service, including without limitation distributing part or all of the Content in any media format through any media channels, including but not limited to the right to commercially use the rights of publicity, persona, trademark, image and name of the individuals and entities depicted in such Content.

By submitting any Content or Submissions to us you and the applicable member of your Family hereby agree, warrant and represent that: (a) the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true; (c) we shall be entitled to use or disclose the Content or Submissions in any way, in accordance with this Agreement, our Privacy Policy, available here https://circletimefun.com/privacy; and (d) neither you nor anyone in your Family are entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.

Our Intellectual Property

Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.

You acknowledge that the software used to provide the Service, and all enhancements, updates, upgrades, corrections and modifications to the software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

Data Collection and Use

You understand and agree that our Privacy Policy, https://circletimefun.com/privacy, shall govern the collection and use of data obtained byusthrough your use of the Service.Customers acknowledge and agree that we may direct users to our Privacy Policy so that they may become familiar with our practices.  You represent and warrant that your privacy policy shall not conflict with the Circletime Privacy Policy, and that in the event of such conflict, the terms of our Privacy Policy shall control.

Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time, and to terminate any user at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law.

All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense and indemnification obligations survive any termination of this Agreement.

In the event that we terminate a user without cause, we may waive future charges or issue to such user a pro rata refund of any pre-paid amounts.

Third Party Links

The Service may contain links. Such links are provided for informational purposes only, andwe do not endorse any website or services through the provision of such a link.

The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties.Wedo not endorse any third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited byus.

Publicity

You acknowledge and agree that we may make public the execution of this Agreement or your use of the Service for marketing purposes. You agree that we may include your name, logo, and image and likeness (if applicable) on the Site, a list of our customers and in other marketing materials, which may be made public, and grant to us an irrevocable, perpetual, worldwide, royalty free, freely assignable and transferable license to your name, logo, and image and likeness (if applicable) to do so.

Disclaimers and Limitation on Liability

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, ANDWE, AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROMUS SHALL CREATE ANY WARRANTY.

FURTHER, OPINIONS, ADVICE, STATEMENTS, OFFERS, SUBMISSIONS OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. WE HAVE NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF SUCH CONTENT, AND MAKE NO REPRESENTATIONS ABOUT SUCH CONTENT. THE RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS THAT YOU MAKE BASED UPON SUCH CONTENT.

USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALLWEOR OUR AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then, to the maximum extent permissible by law, you agree that neitherwe nor any of our subsidiaries, affiliated companies, employees, members, shareholders, officers or directors shall be liable for (1) any damages in excess of $500.00, or (2) any indirect, incidental, punitive, exemplary, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service or any goods sold or provided by us. This limitation shall apply regardless of the basis of your claim, whether other provisions of this Agreement have been breached, or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

SOME STATES, INCLUDING NEW JERSEY, MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content your Family submits, posts to or transmit through the Service, (b) your Family’s use of the Service, (c) your Family’s violation of this Agreement, (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service, and (e) destruction of real or tangible property or personal injury, including but not limited to death, arising from or relating to your actions or inactions.

Governing Law and Jurisdiction;Arbitration

You agree that any claim or dispute arising out of or relating in any way to the Service will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of New York shall govern this Agreement, and shall be used in any arbitration proceeding.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.Any arbitration between you and Circletimeshall have three (3) arbitrators. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address:  CircletimeInteractive, Inc., 251 LITTLE FALLS DRIVE, WILMINGTON, DE, 19808 USA.

Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in New York City, New York. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrators, will be strictly confidential for the benefit of all parties.

You and Circletimeagree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Circletime agree that each have waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in New York City, New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.

Policies for Children

Under the Children's Online Privacy Protection Act, we are an “operator” of a service that is directed toward children under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, without having first obtained the consent of their parent, we will make efforts to delete the child’s information. For more information about our privacy practices with respect to the personal information of children, please see our Privacy Policy, available at https://circletimefun.com/privacy.

Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.  Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

General

Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

Revisions. This Agreement is subject to change on a prospective basis at any time.In the event that wechange this Agreement, you may be required to re-affirm the Agreement through use of the Service or otherwise. Your use of the Service after the effective date of any changes will constitute your acceptance of such changes.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notices. All notices given by you or required under this Agreement shall be in writing and addressed to:CircletimeInteractive, Inc., 251 LITTLE FALLS DRIVE, WILMINGTON, DE, 19808 USA, or sent via email to [email protected]

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Force Majeure. In no event shall we or our affiliates be liable to you for any damage, delay, or failure to perform resulting directly or indirectly from a force majeure event.

Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

Copyright Policy

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

●      A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

●      Identification of the copyrighted work claimed to have been infringed;

●      Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;

●      Information reasonably sufficient to permit us to contact you;

●      A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

●      A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent
Circletime Interactive, Inc.

251 Little Falls Drive

Wilmington, DE, 19808

USA
e-mail: [email protected]

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to [email protected] containing the following information:

●      Your name, physical address, e-mail address and phone number;

●      A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;

●      Identification of the location of the material on the Service;

●      If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;

●      If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;

●      A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and

●      Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

All notices given by you or required under this Agreement shall be in writing and addressed to:CircletimeInteractive, Inc., 251 LITTLE FALLS DRIVE, WILMINGTON, DE, 19808 USA, or sent via email to [email protected].

PRIVACY POLICY

Your Privacy Rights

Effective Date:July 19, 2020

This Privacy Policy describes the types of information gathered by Circletime Interactive, Inc. (“Circletime”, “us” or “we”) in the process of providinghttps://circletimefun.com (the “Site”) data, services, information, tools, functionality, updates and similar materials(collectively, the “Service”), how we use it, with whom the information may be shared, what choices are available to you regarding collection, use and distribution of information and our efforts to protect the information you provide to us through the Service.

By using the Service, you hereby consent to allow us to process your personal information, or that of your child(ren), in accordance with this Privacy Policy. Please also refer to our Terms of Service – https://circletimefun.com/terms, which are incorporated as if fully recited herein. Terms defined in the Terms of Service that are not defined herein shall have the same definition as in the Terms of Service.

This policy is subject to change. If our information retention or usage practices change, we will let you know by posting the Privacy Policy changes on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to this Privacy Policy means you accept such changes. Please refer to the “Effective Date” above to see when this Policy was last updated.

Territoriality
Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND, TO THE EXTENT POSSIBLE, THAT U.S. LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

1.     Who Collects Your Information On Our Service?

We do. We collect personal information (“Personal Information” or “PII”) from you on the Service, and we are responsible for protection of your information.  We collect three types of information about persons who use the Service: voluntarily provided personal information; information collected from third-party sources; and automatically collected information.  Any information that you post in a publicly available area of the Service, such as your profile page, blog, our social media pages, and our Site, may be available to the public at large, and we cannot guarantee the security of such information once you post it in such public forums.  Please also note that you are not required to post your PII in any public forum in order to use the Service.

2.What Information Does Circletime Collect?

A.Personal Information.  We collect certain Personal Information about you, which may be supplied when you sign-up for the Service, when you complete a survey, when you create or update an account, when you use the Service, when you request services, when you link your account on the Service to your social media account(s) via our integration, third-parties, or otherwise when you submit such information.   The types of personal information we collect and save include:

·       Name, email address; street address; phone number; credit card number; image/likeness; username; employment information; message read receipts; and gps/location information.

·       Technical information collected in our logs. Such information may include standard web log entries that contain your IP address; device identifiers; cookies (first party, third party, session, and persistent); web beacons; page URL and timestamp.

You may provide us with information when you interact with us through email, read an email from us, online chat, messaging functions within the Service, or otherwise. We may retain such information in order to provide you with services, and you agree that we may share this information as needed to provide the Service.

The Service may also request permission and access to your contacts, call history, photo gallery, camera roll or other device storage area holding your images, audio and/or videos, in order for you to upload and transmit them through the Service, or to interact with your phone contacts through the Service. 

The Service may send text messages, access the internet, send push notifications, record pictures, audio, or video, or use your mobile data plan in order to use certain features of the Service, such as communication with other users through the Service.

            Although it may appear as though we collect your financial information, we actually use a third-party payment processor, Stripe, Inc., (“Payment Processor”), which collects your financial PII and process payments for the Service. The Payment Processor may collect information such as banking information or credit card number, name, CVV code or date of expiration, from you on the Service.

B.Non-personal Information.  Non-Personal Information is non-personally identifiable or anonymous information about you, including but not limited to links and materials posted, enrollment history, purchase history, geo-fencing, the type of device you used and its operating system, browser information, the pages accessed most frequently, how pages are used, when and how you use the App, applications downloaded, search terms entered, and similar non-personal data.

Automatically tracking Internet Protocol (IP) addresses is one method of automatically collecting information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your device whenever you surf the internet. Further, the Service may utilize web beacons, pixel tags, cookies, embedded links, and other commonly used information-gathering tools. Through collecting your IP address, we may be able to approximate your geographic location, however, unless and until this is information is paired with your Personal Information, it cannot be used to identify you.If non-personal information is paired to any of your Personal Information, we will treat the non-personal information as if it was Personal Information too.

Although it may be possible to turn off the collection of cookies through your device, that may interfere with your use of the Service.

Part of the purpose of the Service is to share materials you make available. Anything you publicly post will not be considered Personal Information.

C.Aggregate Information.  We may also collect anonymous, non-identifying and aggregate information, the date and time of any request, language preference, referring website, the website you go to after visiting our Site, and the domain name of your Internet service provider.

3.     Why Is My Information Being Collected?

We accept and gather information in an effort to provide the Service to you.  We need to collect your personal information so that we can respond to your requests for information or to be added to our email lists, to integrate with social media platforms, and to process your payment for the Service. We also collect aggregate information to help us better design the Service. We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Service, calculate usage levels, and otherwise provide services to you.

4.     How Do We Use the Information We Collect?

A.We use the personal information you provide for the purposes for which you have submitted it including:

·       Internal Uses. We may use your PII to respond to your inquiries, to fulfill your requests for information, track usage trends, conduct experiments, send you push notifications, develop and improve the Service and other offerings, and perform research and analytics.

·       Creating and Maintaining Your Account.We use your PII to create and maintain an account for you to allow you to purchase and use the Service.

·       Paying For the Service.Our Payment Processor will use your PII to process your payment for the Service, to verify that your device is recording a sale, and to confirm your identity when a sale is placed.

·       Communicating With You About Our Services.We may use your PII to send you information about new services and other items that may be of interest to you.

·       Social Media Integration.We may use your PII to integrate your social media accounts with the Service, and to provide to you the social media features of the Service.

·       Sending Administrative and Promotional Emails.We may use your PII to send you emails to: (a) confirm your account information and your other PII; (b) process your transactions to purchase our Service; (c) provide you with information regarding the Service; (d) inform you of changes to this Privacy Policy, our Terms of Service, or our other terms, conditions, or policies; or (e) provide you with information on our other services and products, or promotions related to the Service or our other services and products.

·       Serve You Targeted Advertisements.We may use your PII to serve you advertisements with the Service that are targeted to your interests.

B.We may use anonymous information that we collect to improve the design and content of our Service, and to enable us to personalize your internet experience. We also may use this information in the aggregate to analyze how our Site is used, as well as to offer you programs or services.  We may use any anonymous, aggregate information, of which your information may be a part of or the basis of, without restriction.

5.Do We Share Your Personal Information?

We will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent, such as other users of the Service; (c) as may be required by law or as we think necessary to protect our organization or others from injury (e.g., in response to a court order or subpoena, in response to a law enforcement agency request, or when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (d) with persons or organizations with whom we contract to carry out the Service, internal operations, or business activities, for example, we may transfer your PII to a successor in interest after a merger with, or an asset sale to, another company. We may also share aggregate information with others, including affiliated and non-affiliated organizations.

6.How Can You Access And Control Your Information?

After becoming a user of the Service, you may revise or edit your information by sending an email to[email protected]or through your personal profile. For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to[email protected]. We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request. Furthermore, you may opt out of our sharing of your PII with third parties (you will also be able to opt in to this sharing), our use of your information other than for your primary purpose for using the Service, being including in an online directory, and promotional emails by sending an email to[email protected]with “Opt Out” in the subject line.To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.

7.How Do We Store and Protect Your Information?

A.After receiving your personal information, we will store it on our servers for future use. We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect.  Unfortunately, no data transmission over the internet or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers' systems.

B.If you are visiting the Site from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our servers and internal systems located within the USA.

C.Retention.  We store your personal information until you request us to remove it from our servers. We store our logs and other technical records indefinitely.

8.How Do We Use Cookies And Other Network Technologies?

A.To enhance your online experience with us, our web pages may presently or in the future use "cookies." Cookies are text files that our web server may place on your hard disk to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us. Once you choose to provide PII, however, this information may be linked to the data stored in the cookie. Although it may be possible to turn off the collection of cookies through your device or browser, certain features of the Services may not function properly without the aid of cookies.

B.Our Service uses Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”).  Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may collect information regarding the use of other websites, apps and online resources.  For more information on how Google uses data when you use our Site or Service, please follow this link:https://policies.google.com/technologies/partner-sites.  You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at,https://tools.google.com/dlpage/gaoptout.  For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visithttp://optout.aboutads.info.

C.Our Service also uses the “Custom Audience pixel” of Facebook, Inc., 1 Hacker way, Menlo Park, CA 94025 USA (“Facebook”) on our website. This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you, based on our knowledge of the situation. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Policyhttps://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address:https://www.facebook.com/settings?tab=ads.

D.Circletimeor its service providers may also use "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some of our Site pages and HTML-formatted email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ hard drives. Pixel Tags allow us and our service providers to count users who have visited certain pages of our Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.

E.As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as "clickstream data”, can be collected and stored by a website's server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to our Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our site.

F.Do Not Track. At present, the Site does not specifically respond to browser do-not-track signals.

10.Collection of Information by Others.

Our Terms of Service document identifies certain third party websites to which we may provide links, and that you may click on our Site or in our Service. Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

11.Children and Young People’s Information.

Our Service is designed to comply with the Children's Online Privacy Protection Act (“COPPA”), and associated Federal Trade Commission (“FTC”) rules for collecting personal information of/from minors. Under COPPA, Circletimeis an “operator” and as such subject to certain obligations under COPPA with regard to personal information pertaining to children under the age of 13. We endeavor to not collect, use, or disclose the Personal Information of a child under the age of 13 without the verified consent of their parent.

Once verified parental consent is received, and we have collected, used and disclosed the Personal Information of your child as described above in this Privacy Policy, we shall employ the same measures to protect its confidentiality as we do any other PII.  Our Site will not knowingly accept Personal Information from anyone under 13 years old in violation of applicable laws, without verifiable consent of a parent. In the event that we discover that a child under the age of 13 has provided PII to us, we will make efforts to delete the child’s information in accordance with the COPPA.

Notwithstanding anything to the contrary herein, we shall not retain the Personal Information of any child under the age of 13 longer than is reasonably necessary to fulfill the Service requested, to allow the child to participate in the Service, to ensure the security of our users and our Services, or as otherwise required by applicable law.

A parent may review, edit, object to additional processing, or request the deletion of their child’s Personal Information by emailing us at[email protected].  To protect the child’s privacy and security, we shall take reasonable steps to verify the identity of the parent before giving them access to such PII.  We shall also delete a child’s personal information in the event that we find it is collected, used, or disclosed in a manner that is inconsistent of COPPA’s requirements, or immediately seek the parent’s consent for the same.  If you believe that your child under 13 has gained access to our Site without your permission, please contact us at[email protected]. 

Please see the FTC's website (www.ftc.gov) for more information on COPPA.

13.  California Privacy Rights

California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties. To make such a request, please contact us at[email protected]with "Request for Privacy Information" in the subject line. Please include enough detail for us to locate your file; at a minimum, your name, email, and username, if any. We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing. Our disclosure only includes information covered by the law.

14.  Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us via e-mail at[email protected].

Copyright © Circletime Interactive, Inc. All rights reserved. The Service is the property of Circletime, and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Service, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.