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.
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.
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.
· 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.