Terms of Service
Last Updated: December 2019
Use of the Services
You may not use the Services to:
(a) Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
(b) Upload, post, e-mail or otherwise transmit any content that is harmful or objectionable to minors in any way;
(c) Impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
(e) Upload, post, e-mail or otherwise transmit any content that you do not have the right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
(h) Disparage the products or services of any company or individual;
(i) Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images;
(j) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
(k) Intentionally or unintentionally violate any applicable local, state, Federal or international law or regulation.
Proprietary Rights and Trademark Notices.
Unless otherwise indicated, trademarks that appear in these Services are trademarks of Circool or its affiliates. All other trademarks not owned by Circool or its affiliates that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Circool and its affiliates. You agree not to display, disparage, dilute, or taint our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademark by you shall be to the benefit of Circool.
Links to and from Other Websites
You may provide us with suggestions, comments or other feedback (collectively, “Feedback“) with respect to our products and services, including the Services. Feedback is voluntary and we are not required to hold it in confidence. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use the Feedback in connection with our business, products, and services, including the enhancement of the Services.
Circool privacy policies, which govern the manner in which we collect, use, disclose and establish our online privacy policies and practices, are located here.
Suspension of Services and Removal of Customer Data
We may, at our sole discretion, suspend your access to the Services or remove any Content for any of the following reasons: (i) to prevent damages to, or degradation of, the Services; (ii) to comply with any law, regulation, court order, or other governmental request; and (iii) to otherwise protect us from potential legal liability. We will restore access to the Services as soon as the event giving rise to suspension has been resolved. This Section will not be construed as imposing any obligation or duty on us to monitor use of the Services.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS“ AND “AS-AVAILABLE,“ WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. CIRCOOL AND ITS VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF SERVICES, IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIRCOOL OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF CIRCOOL’S OBLIGATIONS HEREUNDER. THE SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT CIRCOOL AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE CONTENT, WEB SITES, COMPUTERS, OR NETWORKS. WE WILL NOT BE RESPONSIBLE FOR THOSE ACTIVITIES.
Limitation of Liability and Damages
NEITHER CIRCOOL NOR ITS VENDORS AND LICENSORS WILL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXAMPLARY DAMAGES, DAMAGES FOR THE LOSS OF PROFITS, GOODWILL, USE OF DATA OR BUSINESS, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CIRCOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE LOSS OF DATA AND/OR THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCTS OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. THE TOTAL LIABILITY OF CIRCOOL AND ITS VENDORS AND LICENSORS TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR USE OF THE SERVICES IN CONNECTION WITH ANY CLAIM OR TYPE OF DAMAGE (WHETHER IN CONTRACT OR TORT) WILL NOT EXCEED THE TOTAL FEES YOU PAID, IF ANY, DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE EXPRESS WARRANTIES PROVIDED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
After your account is terminated, Circool may retain messaging data or other data for auditing purposes, or as required by law.
As a condition to using Services, you may be required to register with Circool by providing a valid email address and password along with your name, date of birth and current address. You will provide Circool with accurate, complete, and updated registration information. You may not:
select or use the name or email of another person with the intent to impersonate that person; or
use a name subject to any rights of any person other than you without appropriate authorization.
Circool reserves the right to refuse registration of, or to cancel a Circool account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to any other persons. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Circool reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Governing Law, Venue, and Limitation of Actions
Digital Millennium Copyright Act Compliance
If you have any copyright concerns about any materials posted on the Service by others, please let Circool know. We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by Circool, please provide us with written notice (“Notice”) by contacting our designated agent at the following address:
DMCA Designated Agent, Circool
732 Sycamore Drive
Decatur, GA 30030
To be effective, the notice must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit Circool to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address;
Identification of the allegedly infringing material on the Service (“Infringing Material”), and information reasonably sufficient to permit Circool to locate such material on the Service;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Service are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing 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 Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.