Terms and Conditions for Circlevate.com
This comprehensive Terms and Conditions document establishes the legal framework governing the use of Circlevate.com's website and services. It addresses key legal requirements applicable across global jurisdictions while protecting both the service provider and users through carefully crafted provisions covering user rights, platform obligations, intellectual property protections, liability limitations, and dispute resolution mechanisms.
1. Introduction and Definitions
1.1 Agreement to Terms These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User," "you," or "your") and Circlevate.com, including its website, services, applications, and tools (collectively, the "Services"), concerning your access to and use of the Services. By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Services.
1.2 Definitions Throughout these Terms, unless the context otherwise requires:
"Content" means any information, data, text, software, music, sound, photographs, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the Services.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
"User Account" refers to an account created by a User to access and use the Services.
2. User Eligibility and Account Management
2.1 Age Requirements You must be at least 18 years of age, or the age of legal majority in your jurisdiction if that is higher than 18, to create an account and access or use the Services. Any use or access to the Services by anyone under the applicable age is expressly prohibited. By using the Services, you represent and warrant that you meet the age requirement.
2.2 Account Registration To access certain features of the Services, you may be required to register for a User Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your password and for all activities that occur under your User Account. You agree to immediately notify Circlevate.com of any unauthorized use of your User Account or any other breach of security.
2.3 Account Termination Circlevate.com reserves the right to suspend or terminate your User Account, or your access to all or part of the Services, at any time and for any reason, without notice or liability. You may terminate your User Account at any time by contacting Circlevate.com customer service.
3. Privacy and Data Protection
3.1 Privacy Policy Your use of the Services is subject to Circlevate.com's Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains how Circlevate.com collects, uses, and discloses information from its Users, including your personal data.
3.2 Data Processing In accordance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other regional data protection laws, Circlevate.com will process your personal data only for lawful purposes and in accordance with these Terms and the Privacy Policy.
4. Intellectual Property Rights
4.1 Ownership of the Services The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Circlevate.com, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Limited License to Use Subject to these Terms, Circlevate.com grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial purposes. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, except as generally and ordinarily permitted through the Services according to these Terms.
4.3 User Content License By submitting, posting, or displaying Content on or through the Services, you grant Circlevate.com a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed. You represent and warrant that you have all rights necessary to grant these licenses.
5. User Conduct and Prohibited Activities
5.1 Acceptable Use Policy You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
a) In any way that violates any applicable federal, state, local, or international law or regulation;
b) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
c) To impersonate or attempt to impersonate Circlevate.com, a Circlevate.com employee, another user, or any other person or entity;
d) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Circlevate.com, may harm Circlevate.com or users of the Services or expose them to liability.
5.2 Prohibited Activities Additionally, you agree not to:
a) Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services;
b) Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
c) Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
d) Use any device, software, or routine that interferes with the proper working of the Services;
e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
g) Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
h) Otherwise attempt to interfere with the proper working of the Services.
6. Content Standards and Moderation
6.1 Content Standards Any Content that you post, upload, share, submit, or otherwise provide to the Services must comply with all applicable laws and regulations and must not:
a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations;
e) Be likely to deceive any person;
f) Promote any illegal activity, or advocate, promote, or assist any unlawful act;
g) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
i) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, without prior written consent from Circlevate.com.
6.2 Content Moderation Circlevate.com has the right but not the obligation to monitor and edit or remove any Content provided by users. Circlevate.com may remove any Content that, in its sole discretion, violates these Terms or that is otherwise objectionable. Circlevate.com assumes no liability for any Content submitted by you or any third party.
7. Third-Party Links and Content
7.1 Third-Party Links The Services may contain links to third-party websites or services that are not owned or controlled by Circlevate.com. Circlevate.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Circlevate.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
7.2 Third-Party Content Certain content, products, and services available via the Services may include materials from third parties. Third-party links on the Services may direct you to third-party websites that are not affiliated with Circlevate.com. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
8. Disclaimers and Limitations of Liability
8.1 Disclaimer of Warranties THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CIRCLEVATE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CIRCLEVATE.COM MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
8.2 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIRCLEVATE.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL CIRCLEVATE.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO CIRCLEVATE.COM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIFTY DOLLARS ($50).
9. Indemnification
You agree to defend, indemnify, and hold harmless Circlevate.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
10. Dispute Resolution and Governing Law
10.1 Governing Law These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Circlevate.com is headquartered, without regard to its conflict of law principles.
10.2 Arbitration Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. The tribunal shall consist of three arbitrators. The place of arbitration shall be the city in which Circlevate.com is headquartered. The language to be used in the arbitral proceedings shall be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10.3 Class Action Waiver YOU AND CIRCLEVATE.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
10.4 Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Modifications to the Terms and Services
11.1 Modifications to Terms Circlevate.com reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
11.2 Modifications to Services Circlevate.com reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Circlevate.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
12. General Provisions
12.1 Entire Agreement These Terms constitute the entire agreement between you and Circlevate.com regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Circlevate.com.
12.2 Waiver and Severability The failure of Circlevate.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
12.3 Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Circlevate.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
12.4 Force Majeure Circlevate.com shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Circlevate.com's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
12.5 Survival All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Contact Information If you have any questions about these Terms, please contact us at: