Capture the memories in a shared photo album.

Terms of Use

NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.This User Agreement was last updated on April 9, 2012.

1. INTRODUCTION.

A. Purpose.

Circle 38 aims to help users enhance real life connections in the digital world. To achieve this, we make services available through our website and mobile applications to help you and your connections exchange ideas and content in a network of personalities formed by an in-person digital handshake.

B. Scope and Intent.

You agree that by registering on Circle, or by using our Website (photocircleapp.com) including our mobile applications, or other information provided as part of the Circle 38 services (collectively “Circle” or the “Services”), you are entering into a legally binding agreement with Circle 38 Inc. (“we,” “us,” “our,” and “Circle 38″) based on the terms of this Circle 38 User Agreement and the Circle 38 Privacy Policy (https://www.photocircleapp.com/privacy) which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Circle 38 user (“User”).

This Agreement does not govern the transmission of data through Facebook™ or Google™ (Facebook is a registered trademark of Facebook, Inc. and Google is a registered trademark of Google, Inc. Circle 38 has no rights in or to these marks). Although you may use Circle 38 in conjunction with your Facebook or Google account, any transactions you undertake from the time you click to access such account until the time you log out of that account are your responsibility and are governed by their respective Terms and Privacy Policy.

If you are using Circle 38 on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do not create an account, do not Login with Facebook or Google, and do not access, view, download or otherwise use any Circle 38 application, webpage, information or services (including without limitation PhotoCircle). By becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Circle 38 User Agreement and Privacy Policy (https://www.photocircleapp.com/privacy) are also collectively referred to as Circle’s “Terms of Service.” The terms of our Privacy Policy are incorporated herein by reference.

We reserve the right to change, modify, add or delete portions of these Terms of Service at any time. If you do not accept the new terms, you may no longer access, view, download or otherwise use any Circle 38 application, webpage, information or Services as provided herein.

2. YOUR OBLIGATIONS.

A. Applicable laws and this Agreement.

You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:

  1. DOs and DON’Ts;
  2. Copyright Dispute Policy; and
  3. Privacy Policy (https://www.photocircleapp.com/privacy)

B. License and warranty for your submissions to Circle 38.

You own the information you provide Circle 38 under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Circle 38 a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, modify, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Circle, including but not limited to any user generated content, ideas, concepts, techniques, data, or information contained in or accessible by means of Third Party Accounts (defined below) you submit to Circle 38 or permit Circle 38 to access, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Circle 38 profile information accurate and updated.

C. Service Eligibility.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Circle 38 account, (3) are not a competitor of Circle 38 or are not using the Services for reasons that are in competition with Circle; (4) will only maintain one Circle 38 account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Circle, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

D. Sign-In Credentials.

You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Circle 38 account to another party; and (5) refrain from charging anyone for access to any portion of Circle, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please e-mail us at support@photocircleapp.com.

Your use of Circle 38 and certain of its mobile applications may require the interaction of Circle 38 (including without limitation technology controlled by Circle) with your user account for other web and mobile applications and services (“Third Party Accounts”). We may require use of and access to your Third Party Accounts to register for or maintain a Circle 38 account or to employ certain Circle 38 functionality. You represent and warrant that you have the right to grant, and do hereby grant, to Circle 38 an irrevocable, perpetual, worldwide, fully paid up, nonexclusive, transferable, sublicensable license to use any information associated with a Third Party Account you maintain or control, including without limitation your login credentials, in order to perform Services or otherwise access such Third Party Accounts as may be necessary to allow you to use Circle. You acknowledge and agree that Circle 38 will access information contained in Third Party Accounts in order to perform Services or allow you to use Circle. Do not use Circle 38 if you do not have the right to or wish to allow Circle 38 to access Third Party Accounts and any information contained therein.

E. Indemnification.

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Circle 38’s Services or Applications.

F. Payment.

You can use most Circle 38 functionality for free. From time to time, we may offer certain services for a fee. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (each a “Premium Service”), you agree to Circle 38 storing your payment card information. You also agree to pay the applicable fees for the Premium Service (including, without limitation, periodic fees) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge that Circle’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

G. Notify us of acts contrary to the Agreement.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

H. Notifications and Service Messages.

For purposes of service messages and notices about the Services to you, notice shall consist of an email from Circle 38 to an email address associated with your account, even if we have other contact information. You also agree that Circle 38 may communicate with you through your Circle 38 account or through other means including email, mobile number, push notifications, or delivery services including the US Postal Service about your Circle 38 account or services associated with Circle. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information in your account with us, including, but not limited to, your failure to receive critical information about the Service or any Circle 38 application.

I. User-to-User Communication and Sharing (Circle 38 Groups or “Circles”, Updates, etc.).

Circle 38 may offer certain forums and blogs, such as Circles, where you can post your observations, photos and comments on topics and to groups that you create or join. Circle 38 may also enable sharing of information by allowing users to post updates, including links to news articles and other information to their Circles. Ideas you post and information you share may be seen and used by other Users, and Circle 38 cannot guarantee that other Users will not use the ideas and information that you share on Circle. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Circle 38 group or elsewhere on within Circle 38 Services or applications. CIRCLE 38 IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY CIRCLE 38 GROUP FORUM.

J. Privacy.

You should carefully read our full Privacy Policy (https://www.photocircleapp.com/privacy) before deciding to become a User as it governs our treatment of any information, including personally identifiable information, that you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit to Circle 38 Services or applications, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, locations, appearance, religion and/or sexual orientation, and/or other personal information about you to circle 38 and to other group members. You acknowledge that your submission of any information, statements, data and content to us is voluntary on your part.

K. Export Control.

Your use of Circle 38 services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

3. YOUR RIGHTS.

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, personal, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Circle 38), view information and use the Services that we provide on Circle 38 webpages, within Circles and in accordance with this Agreement. Any other use of Circle 38 contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Circle 38 commercially unless expressly authorized by Circle) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Circle 38 and all related items.

4. OUR RIGHTS AND OBLIGATIONS.

A. Services Availability.

For as long as Circle 38 continues to offer the Services, Circle 38 shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Circle 38 as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Circle 38 further reserves the right to withhold, remove and/or discard any content available as part of your account, with or without notice if deemed by Circle 38 in its sole discretion to be contrary to this Agreement. For avoidance of doubt, Circle 38 has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

B. Third Parties.

In addition to accessing Third Party Accounts, Circle 38 may include links to third party web sites (“Third Party Sites”) on its Website, within a Circle 38 mobile application and/or Service, and elsewhere. Circle 38 may also elect, in its sole discretion, to allow Platform Developers to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Circle.

You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. The Terms and Privacy Policy hosted on any Third Party Site or Platform Application will govern your use of those properties.

Circle 38 is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Third Party Accounts. Circle 38 also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.

Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Circle 38 account, that application or website may be able to access information on Circle 38 related to you and your connections.

C. Disclosure of User Information.

You acknowledge, consent and agree that we may access, preserve, and disclose (i) your registration and any other information you provide and (ii) information contained in Third Party Accounts (including without limitation contact lists, friend lists, photos, personal information about you or others, login criteria, user IDs, passwords, and browsing or transaction history) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; (5) communicate with a potential partner or acquiror in an actual or contemplated business transaction about the nature and scope of our business, technology or user base; (6) protect the rights, property, or personal safety of Circle 38, our Users or the public; or (7) perform Services and allow you to access Circle 38.

D. Connections and Interactions with other Users.

You are solely responsible for your interactions with other Users. Circle 38 may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Circle 38 reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Circle 38 determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

5. DISCLAIMER.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON CIRCLE, CIRCLE 38 GROUPS OR APPLICATIONS, ANY INFORMATION THEREIN, OR THE CONTINUATION OF ANY OF THESE. WE PROVIDE THE PLATFORM FOR CIRCLE 38 AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND AGREE TO BE RESPONSIBLE FOR ANY DAMAMGE INCURRED THEREBY.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY CIRCLE 38 OR ANYTHING RELATED TO CIRCLE, YOU MAY CLOSE YOUR CIRCLE 38 ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

CIRCLE 38 IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR CONTENT SENT THROUGH CIRCLE 38 TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF CIRCLE 38 WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE OR IN A CIRCLE 38 GROUP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE OR TECHNOLOGY.

CIRCLE 38 DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CIRCLE 38 DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

CIRCLE 38 DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CIRCLE 38 DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, CIRCLE 38 DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF CIRCLE 38 DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR MOBILE NETWORK, AND FOR ANY OTHER REASON.

6. LIMITATION OF LIABILITY.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither Circle 38 nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Circle 38 Affiliates”) shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Circle 38. This limitation of liability shall:

  1. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
  2. Not apply to any damage that Circle 38 may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
  3. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

7. TERMINATION.

A. Mutual rights of termination.

You may terminate this Agreement, for any or no reason, at any time, with notice to Circle 38 and the concurrent deletion of Circle 38 Service (including without limitation applications) from each of your devices. This notice will be effective upon Circle 38 processing your notice. Circle 38 may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in a notice. For avoidance of doubt, only Circle 38 or the party paying for the services may terminate your access to any Premium Services. Termination of your Circle 38 account includes disabling your access to Circle 38 and may also bar you from any future use of Circle 38 Services.

B. Misuse of the Services.

Circle 38 may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect against their wishes; abusing the Circle 38 messaging services; creating multiple or false profiles; using the Services commercially without Circle’s authorization, infringing any intellectual property rights or any other behavior that Circle, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Circle 38 has adopted a policy of terminating accounts of Users who, in Circle’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

C. Effect of Termination.

Upon the termination of your Circle 38 account, you lose access to the Services. In addition, Circle 38 may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.

8. CALIFORNIA LAW AND ARBITRATION.

A. Choice of Law.

Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Circle 38 arising out of or relating to the Agreement (“Disputes”) shall be governed by California law regardless of your country of origin or where you access Circle, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.

B. Agreement to Arbitrate and Pay Attorneys’ Fees.

Any Disputes shall be resolved on an individual basis by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses.

C. Exception from Arbitration Agreement.

Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

9. GENERAL TERMS.

A. Severability.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B. Language.

Where Circle 38 has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Circle.

C. Notices and Service of Process.

In addition to Section 2.H. (“Notices and Service Messages”), we may notify you via postings on photocircleapp.com. You may contact us via e-mail at:

support@photocircleapp.com
Or via mail or courier at:
Circle 38 Inc.
ATTN: Legal
622 Funston Ave.
San Francisco, CA 94118
USA

Additionally, Circle 38 accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

D. Entire Agreement.

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply if and when you use or purchase certain other Circle 38 services, third party content or third party software.

E. Amendments to this Agreement.

We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at photocircleapp.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 (Termination).

F. No informal waivers, agreements or representations.

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Circle 38 Affiliate shall be deemed legally binding on any Circle 38 Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Circle.

G. No Injunctive Relief.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

H. Beneficiaries.

Entities other than Circle 38 Inc. that Circle 38 Corporation owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

I. Assignment and Delegation.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Circle 38 for any third party that assumes our rights and obligations under this Agreement.

10. CIRCLE 38 USER “DOS” and “DON’TS.”

As a condition to access Circle, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

A. Do undertake the following:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws and regulatory requirements;
  2. Provide accurate information to us and update it as necessary;
  3. Review and comply with our Privacy Policy;
  4. Review and comply with notices sent by Circle 38 concerning the Services; and
  5. Use the Services in compliance with the Terms propounded by Facebook™ or any other party whose account you employ or in any way reference to set up a Circle 38 account or a particular Circle, including without limitation PhotoCircle.

B. Don’t undertake the following:

  1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate or objectionable content to Circle;
  2. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand or otherwise transfer information found on Circle 38 Services (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Circle 38;
  3. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  4. Include information in your profile, a Circle 38 or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an e-mail address, phone number or address or is confidential in nature;
  5. Create a user profile for anyone other than a natural person;
  6. Utilize information, content or any data you view on and/or obtain from Circle 38 to provide any service that is competitive, in Circle’s sole discretion, with Circle;
  7. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Circle 38 unless you have entered into a written agreement with Circle;
  8. Adapt, modify or create derivative works based on Circle 38 or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Circle’s developer program;
  9. Rent, lease, loan, trade, sell/re-sell access to Circle 38 or any information therein, or the equivalent, in whole or part;
  10. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site or Circle 38 mobile application;
  11. Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through Circle-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;
  12. Access, via automated or manual means or processes, Circle 38 for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
  13. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Circle’s website;
  14. Attempt to or actually access Circle 38 by any means other than through the interfaces provided by Circle;
  15. Attempt to or actually override any security component included in or underlying Circle;
  16. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or Circle 38 personnel, attempts to gain unauthorized access or transmission or activation of computer viruses;
  17. Remove any copyright, trademark or other proprietary rights notices contained in or on Circle 38 Services, including those of both Circle 38 and any of its licensors;
  18. Remove, cover or otherwise obscure any form of advertisement included on Circle 38 Services;
  19. Harass, abuse or harm another person, including sending unwelcomed communications to others using Circle 38 Services;
  20. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Circle 38 Services except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  21. Share information of non-Users without their express consent;
  22. Interfere with or disrupt Circle, including but not limited to any servers or networks connected to Circle;
  23. Invite people you do not know to join a Circle against their wishes;
  24. Use or attempt to use another’s account without authorization from the Company, or create a false identity on Circle;
  25. Infringe or use Circle’s brand, logos and/or trademarks, including, without limitation, using the words “Circle 38″ in any business name, e-mail, or URL or including Circle 38’s trademarks and logos except as expressly permitted by Circle 38;
  26. Upload, post, email, transmit or otherwise make available or initiate any content that:
    1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
    2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    3. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, e-mail addresses, street addresses or any personally identifiable information for which there is not a field provided by Circle 38);
    4. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights of others;
    6. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation. This prohibition includes but is not limited to (a) using Circle 38 invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Circle 38 to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases or group aliases;
    7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Circle 38 or any User of Circle 38 Services;
    8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
  27. 28. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.

11. COMPLAINTS REGARDING CONTENT POSTED ON THE CIRCLE 38 WEBSITE AND IN MOBILE INTERFACES.

We built Circle 38 to help you connect meaningfully with the people you meet in person on an ongoing basis. To achieve this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Circle 38 provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures are as follows:

Circle 38 may, in appropriate circumstances and at its discretion, disable or terminate the accounts of Users who infringe the copyrights or other intellectual property rights of Circle 38 or others in connection with the Circle 38 mobile applications.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been displayed on the Site or within a Circle 38 in a way that constitutes copyright infringement, or that your copyright rights have otherwise been violated in connection with the Service, please provide Circle’s Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
  • your address, telephone number and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The contact information for Circle’s Agent for Notice of claims is as follows:

Doug Kent
Copyright Agent, Circle 38 Inc.
622 Funston Ave, San Francisco, CA 94118
Phone: 415-692-1766
Email to: support@photocircleapp.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.