Legalbeta

TERMS OF SERVICE

Last Updated on November 16, 2021

The following terms and conditions ("Terms") govern all use of CircusTalk.com (herein referred to as the "Website") and all content, services and products available at or through the Website. The Website is owned and operated by CircusTalk, LLC. ("CircusTalk")."CircusTalk" is a trade name owned by CircusTalk LLC. The Website is offered subject to your acceptance without modification of all the Terms contained herein and all other operating rules, policies (including, without limitation, CircusTalk's Privacy Policy) and procedures that may be updated and published from time to time on this Website by CircusTalk (collectively, the "Agreement").

By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.

Please read this Agreement carefully before accessing or using the Website. By providing your e-mail address, you acknowledge you have read the Terms and agree to be bound by the Terms and this Agreement. If you do not agree to all the Terms, then you may not access the Website or use any Services. If these Terms are considered an offer by CircusTalk, acceptance is expressly limited to these Terms. You may not access or use the Website if you are our competitor, or if we have previously banned you from the Website or closed your Account.

Definitions

Services

CircusTalk is a dedicated, community-driven social marketplace with the power to connect performers in circus and variety entertainment with both domestic and international event organizers, producers, presenters and booking agents. CircusTalk provides online services intended to assist circus professionals in creating and viewing profiles online to assist in the meeting of business professionals and in finding job opportunities through posted job listings ("Services"). Users of the Services provide the information necessary for accomplishing these connections. All Content and Services are exchanged electronically, via the Internet. You are responsible for maintaining your own access to the Internet. CircusTalk is a privately owned and operated service and does not represent or speak for any governmental office or authority.

Parties

"You" and "your" refer to you, as a user of the Website. A "user" is someone who accesses, browses or in any way uses the Website. "We", "us", and "our" refer to CircusTalk.

Content

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Website, such as profile information, ratings, reviews, compliments, invitations, check-ins, messages, job listings and information that you publicly display or display in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Website. "CircusTalk.com Content" means Content that we create and make available in connection with the Website. "Third Party Content" means Content that originates from parties other than CircusTalk.com or its users, which is made available in connection with the Website. "Website Content" means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and CircusTalk.com Content.

Specific Terms

  1. CircusTalk.com Account

    1. If you create a user account on the Website ("Account"), you are responsible for maintaining the security of the Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Website. When you sign up to become a member, you will also be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account or password of another member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or unauthorized access to your password or any other breaches of security. You are solely responsible for any and all use of your Account. You must not add links or other Content to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and CircusTalk may change or remove any link or other Content that it considers inappropriate or unlawful, or is otherwise likely to expose CircusTalk to liability. CircusTalk will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
    2. It is important for you to enter the correct information into the correct data field so your information will be easily searchable and you will thus have a better chance to be found by certain search criteria.
    3. CircusTalk Users are required to provide their real names and information. In order to maintain the security of your Account, you agree as follows:

      1. You will not provide any false personal information on the Website, or create an Account for anyone other than yourself without permission. CircusTalk has the right to delete any fake Account (e.g. authenticity of the user cannot be confirmed) or duplicate Account without prior notice.
      2. You will not create more than one individual, but you can create multiple institutional accounts and you can be administrator of more than one act or touring show pages.
      3. You understand that act and touring show pages have only one administrator. If you decide to delegate your admin right, you lose your admin rights completely. Administrator has the capability to update that page, including adding, editing, and deleting text, photos, and videos.
      4. If we disable your Account, you will not create another one without our permission.
      5. You will not use the Website if you are under 13.
      6. You will keep your contact information accurate and up-to-date.
      7. You only share your password with authorized users whom you authorize to access your Account, and avoid anything else that might jeopardize the security of your Account.
      8. You will not transfer your Account to anyone without first getting our written permission.
      9. If you select a username or similar identifier for your Account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

     

  2. Responsibility of CircusTalk.com Users

    CircusTalk has not reviewed, and cannot review, all of the Content posted to the Website, and cannot therefore be responsible for that Contents' use or effects. By operating the Website, CircusTalk does not represent or imply that it endorses the Content there posted, or that it believes such Content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional Terms and conditions, stated or unstated. CircusTalk disclaims any responsibility for any harm resulting from the use of the Website by users, or from any downloading by those users, of Content there posted. CircusTalk has the right to remove any user that posts/uploads offensive, indecent, or otherwise objectionable content.

  3. Content Posted on the Website

    All Content, including content on CircusTalk.News, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CircusTalk be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

  4. Your Content Posted on the Website

    1. You own all of Your Content you post on the Website.
    2. For Your Content that is protected by intellectual property rights, like photos and videos ("Your IP Content"), you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce and distribute Your IP Content that you post on the Website or in connection with the Services ("IP License"). This IP License ends when you delete Your IP Content or your Account unless Your IP Content has been shared with others, and they have not deleted it.
    3. When you delete Your IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
    4. When using the CircusTalk member status updates (your news feed) and act or touring show page updates functions, you grant permission to your Follower and/or the entire CircusTalk community to access Your Content and information as well as Content and information that others have shared with you.
    5. When you publish Your Content on the Website, it means that you are allowing other users to access and use that Content, and to associate it with you (i.e., your name and profile picture).

     

    1. You may post job listings for yourself, your employer or any entity for which you have authority to post job listings. The use of outside bots or automated means to post, edit or view job listings is prohibited without CircusTalk's prior written consent. Your CircusTalk Account email and/or the email at which you'll receive applicant information, must contain the domain of the employer or entity for which you are posting the job listing. You accept all liability for the Content you post in job listings. The job listing will be visible on the Website until or even after the application deadline date or audition date. To make changes to your job listings, log into your Account, access you job listings and then use the edit function.
    2. You may not post any job listing that:
      1. Does not correspond to a legitimate intent to hire for a specific live job opening; postings must reflect a genuine intention to fill a specific, currently available job opening; general casting calls aimed merely at gathering data without an actual job offer, or using the job posting service merely to update your own candidate databases, are not permitted. Should you wish to engage in targeted talent searches based on specific requirements, we encourage you to explore the PRO RECRUITER feature;
      2. Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
      3. Solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;
      4. Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);
      5. Discriminates against employees based on any characteristics including but not limited to race, color, ethnicity, religion, age, gender, sexual orientation, family status, disability or any medical condition. All job post must comply with all applicable laws prohibiting discrimination;
      6. Requires employee to promote the job in a sexually suggestive manner;
      7. Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;
      8. Contains any logo or brands, or link to a website, other than your own or those of any entity for which you are authorized to post job listings;
      9. Contains or relates to material which is false, misleading defamatory, offensive, obscene, or in any way violates the Terms.
      10. If we, in our sole discretion, determine that a job listing violates the Terms, we will remove the listing and you will not receive a refund. We reserve the right to reject or remove listings that we consider not in the best interest of CircusTalk.
    3. You grant CircusTalk a non-exclusive, royalty-free, perpetual and irrevocable right to use, display, reproduce and distribute your job listings. You also grant CircusTalk a non-exclusive, royalty free, perpetual and irrevocable right to use the name and trademark of your organization as a poster of job opportunities on the Website.
    4. CircusTalk does not guarantee the results or distribution of any job posting and will not be liable to you for any amount exceeding the amount you paid for the posting. CircusTalk will not be liable for any damages, whether in contract or tort, that result to you or applicants from any job postings made on the Website. You release CircusTalk from any claims made by any applicant or third party as a result of your job posting.
    5. Job listings expire automatically on the application date or the audition date. CircusTalk reserves all rights to remove any listing at any time, with or without cause. Job postings removed for cause or for breach of the Terms will not be eligible for a refund.
    6. CircusTalk's job posting service and related services may not be used in any manner that would constitute an endorsement (whether expressed or implied) of any products, services, activities or brands contained on your website, devices or platform. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by CircusTalk.
    7. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or (i) arising out of your use of the CircusTalk job posting service or related services; (ii) arising from your breach of any Terms; or (iii) as a result of your violation of any law or the rights of a third party.

     

  6. Specific Terms Related to Making Purchases and Providing Events/Activities for Purchase

    CircusTalk.com offers Events/Activities (“Paid Activities”) for purchase through the Website. By using the Paid Activity service, you accept are agree the following terms:

    You agree to sign up to CircusTalk in order to purchase tickets (you can always delete your account) and pay all charges indicated on the post of each Paid Activity. All prices are in US dollars. You will also be responsible for paying any applicable taxes arising from the purchase of Paid Activities.

    You agree to provide accurate information regarding your payment method. You represent and warrant that all information you provide, including but not limited to your name, address, credit card number, and other identifying information of any nature will be true and that you will update all information as it changes.

    You agree that you will only use payment method belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses.

    You grant CircusTalk.com the right to provide any information you submit to third parties for purposes of facilitating the completion of any transaction initiated by you or on your behalf.

    You agree that CircusTalk.com may restrict certain Paid Activities on a subscription basis (PRO Membership).

    You accept that events/activities are not provided by CircusTalk.com, but by third party corporations, individuals or other public or private legal entities ( “Provider”).

    All matters concerning Paid Activities (or any other products or services), including but not limited to purchase terms, payment terms, warranties, guarantees, and delivery, are solely between you and the Provider. CircusTalk.com makes no warranties or representations whatsoever with regard to anything provided by Providers. You will not consider CircusTalk.com, nor will CircusTalk.com be construed as, a party to such transactions, whether or not CircusTalk.com may have received some form of revenue or other remuneration in connection with the transaction.

    You agree that CircusTalk.com will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Provider. CircusTalk.com does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should actively inquire for their privacy statements and other conditions of use.

    CircusTalk.com is not responsible for the truth or accuracy of any listings by Providers or the ability of any Provider to perform, hold a Paid Activity, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Providers and/or third parties in connection with the Service to us, and we, in our sole discretion, may investigate the claim and take action.

    1. Paid Activity Cancellation and Refunds
      Paid Activity purchases on CircusTalk.com are non refundable.
      You understand and agree that Providers reserve the right to cancel Paid Activities for various reasons, including, but not limited to personal reasons, weather events, accidents, or for any reason that would affect the quality the Paid Activity or its participants. In the event of such cancellation, your Provider may authorize a refund. If in such case you want to request a refund, you must request the refund directly from the Provider.  You understand that even in case of such refunds CircusTalk’s processing fee is non refundable.
    2. Event/Activity Providers
      You are responsible for backing up your customer data, including personal information that may be provided by a person or entity through the Service in connection with your Paid Activities.

      In case you have to cancel your event, you are responsible for refunding your customers. Please note that CircusTalk's processing fee is not refundable. 

      You acknowledge that CircusTalk.com may delete such data in the event that  customer’s CircusTalk.com account is terminated for any reason, or in the customer requests deletion of the data. CircusTalk.com is responsible for your failure to adequately back-up any data, and shall not be liable to you for any deletion of data.

      Between CircusTalk.com and you as Provider, you will be responsible for the payment of any taxes arising from the sale of Paid Activities.

      You acknowledge that CircusTalk solely uses a third party payment processor, PayPal as payment method and that direct credit card payments are not accepted via CircusTalk.com.

      The payment processing service provided by PayPal is subject to PayPal User Agreement. By agreeing to our Terms of Use, Providers that use the payment service also agree to be bound by the Paypal Agreement. As a condition of CircusTalk.com enabling payment processing services through PayPal, you agree to provide CircusTalk.com accurate and complete information about you, including but not limited to an accurate email address that your PayPal account is associated with, and you authorize CircusTalk.com to share it and transaction information related to your use of the payment processing services provided by PayPal.

      As you receive payment from the Paid Activity customer, you will receive an amount equal to the price of the Paid Activity, less CircusTalk.com’s applicable transaction commission and processing fee. CircusTalk’s introductory fee (as of date of the launch of the feature, April 25, 2020) is 3,5% of the total Paid Activity fee, plus 0,99US$ processing fee per each ticket sold. CircusTalk reserves the right to increase the transaction commission and processing fee and update the Terms of Use accordingly.

      You acknowledge that PayPal automatically deducts CircusTalk’s transaction commission and processing fee and you will receive via PayPal an amount equal to the price of the Paid Activity, less CircusTalk.com’s applicable transaction commission and processing fee.

      You acknowledge the Paid Activity feature has a limited availability (two Paid Activity posts per month) to BASIC members; and unlimited availability to PRO members. *During the COVID19 pandemic (until Dec 31, 2020)  CircusTalk opens up unlimited availability of this feature to BASIC users.*

      You understand that, upon request, you will send CircusTalk.com proof of any licenses, permits or other authorizations relating to Paid Activities that you offer via the Website.

     

  7. Specific Terms Related to News Submission

    The Community News  section on CircusTalk.News is created entirely by our users, to share their news, professional and expert opinion with the international community.  In order to use the service you must submit your name and email address to CircusTalk.

    By using the News Submission feature, you agree to the following:

    1. You submit your story for your own will. CircusTalk has not curated or solicited this content; therefore CircusTalk is not paying for this content.
    2. You will not add links and hypertext to your article. On CircusTalk we only link CircusTalk profiles for reference in articles.
    3. You will not post material that contains content that is harmful, threatening, abusive, vulgar, obscene, harassing, defamatory, offensive (racially, sexually or ethnically), promotes a political view, or is otherwise objectionable you will not post or transmit chain letters, pyramids or money schemes.
    4. You will not use you email account to impersonate any person; and/or 'spam' by posting frequent and/or annoying messages.
    5. Your post cannot include 'browser bombs' (sites that open up multiple windows) or spam links.
    6. You will not post content, the display of which would infringe the intellectual property rights of any third party. In particular, you represent and warrant that the content of your posting is original and not copied from any third party.
    7. You will not use postings to offer items or services for sale or place advertisements for goods, products or services of third parties.
    8. If you breach any of the provisions set out in these terms, CircusTalk may immediately terminate your use of the service.
    9. CircusTalk reserves the right not to circulate any material that you post in its absolute discretion.
    10. You agree to CircusTalk monitoring your posting prior to distribution.
    11. You agree to CircusTalk editing your posting for the sole purpose of formatting.
    12. The views and opinions expressed in the content are not those of CircusTalk and CircusTalk has made no endorsement of accuracy or completeness of the content.
    13. CircusTalk disclaims all liability to you arising out of your use of this News Submission Feature.

     

  8. Specific Terms Related to Subscription and Digital Sales

    The term "digital product" refers to paid digital products sold on CircusTalk.com, including both PRO membership subscriptions (annual or monthly) and one-time promotions (featuring Jobs/Auditions, Events, and Acts & Shows.)
    You are not obligated to buy anything from CircusTalk.com. 
    You can view digital subscription options here https://circustalk.com/pricing. One-time promotion of content, such as featuring Jobs/Auditions, Events or Acts and Shows are also available. CircusTalk.com reserves the right to modify subscription and one-time promotion options at any time. Only one person may use a single login credential (user name and password) associated with a digital product account.
    1. Processing and Payment
      CircusTalk.com will attempt to process your purchase as swiftly as possible. There may be a slight delay in the activation of your PRO membership and one-time promotion while payment details are verified. We accept PayPal and major credit cards via PayPal. We reserve the right to reject any order/ purchase at any time. If your initial payment authorization is later revoked, your subscription or one-time promotion will be terminated. Contact us at [email protected] if you believe your access was terminated in error. Unless specified otherwise in the Cancellation and Refund Policy, all charges are nonrefundable. In order to change your subscription, please visit the SUBSCRIPTION page under your profile.
    2. Pricing
      When you purchase our digital products, the price will be clearly stated when you order the product. When submitting payment, you agree to pay the price that is stated at the time of your order. You also agree to the frequency of billing, as stated when your order. All prices are in US dollars. CircusTalk.com reserves the right to change prices and fees at any time. Your subscription or promotion will run through its current cycle with the previously agreed-upon price. You have a chance to cancel your subscription at any time.
    3. Price increase
      CircusTalk’s membership prices may change. CircusTalk may adjust plans and pricing to respond to local market changes, such as changes to inflation. When we change the subscription pricing we always do our best to improve the CircusTalk experience and invest in quality content for our subscribers around the world.
      If PRO price is changing, CircusTalk will send you an email with details about the price change at least 30 days before the billing date on which your price will increase. Please make sure that your email is active and verified and you have not disabled email notifications. CircusTalk also announces the change in a blog post on their website.
    4. Billing
      1. Billing of Digital Subscriptions
        We will charge your credit card at the end of your free trial period. Billing will continue according to the cycle (monthly or annual) stated at the time of your order.
        Both monthly and annual subscriptions are renewed automatically. When your subscription is automatically renewed, we will use the payment method currently associated with your account, and your credit or debit card will be charged based on the subscription you purchased (monthly or annual). By subscribing to PRO, you authorize CircusTalk.com to charge the recurring membership fee to your credit or debit card or PayPal account.
        BY COMPLETING THE SUBSCRIPTION PROCESS, YOU AGREE TO THE FOLLOWING UNLESS YOU CANCEL YOUR SUBSCRIPTION:
        YOUR PRO SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD AND CONTINUE FOR THE NEXT SUBSCRIPTION PERIOD;
        YOU WILL AUTOMATICALLY BE BILLED AT THE START OF EACH NEW SUBSCRIPTION PERIOD.
      2. Billing of One-Time Purchases
        When you make a one-time purchase (for example, promoting Jobs/Auditions, Events, Acts & Shows), we will charge credit card at the time of purchase for the one time service only
      3. Currency
        The cost of services on CircusTalk.com are stated in US Dollars. CircusTalk.com uses PayPal as a payment processor where you can choose the currency you want to make the payment from your account
      4. Unpaid Charges
        If your credit card expires or your payment method is otherwise invalid, your subscription or product will be terminated, unless you provide an updated valid payment method.
    5. Change, Cancellation and Refunds
      1. Cancellation and Refund of Digital Subscriptions
        When you cancel a subscription, you cancel only future charges associated with your subscription, meaning your current subscription will run its term (month or year). THERE ARE NO REFUNDS OR CREDITS APPLIED FOR YOUR CURRENT SUBSCRIPTION.
        You may cancel at any time by going to the SUBSCRIPTION page. The cancellation will become effective at the end of your current billing period. Cancellations are effective the following billing cycle. You will have access to your product for the remainder of the current billing period.
      2. Changing your Subscription from Monthly to Annual and Annual to Monthly
        You may change your subscription period from monthly to annual and annual to monthly at any time by going to the SUBSCRIPTION page. Your change will become effective at the end of your current subscription period. You cannot change subscription in the mid-subscription period, and THERE WILL BE NO REFUNDS FOR PARTIAL SUBSCRIPTION PERIODS. 
      3. Cancellation and Refund of One-Time Purchases
        One-time purchases cannot be canceled or refunded. We are unable to issue a refund if any or all of our digital products are temporarily unavailable.

     

  9. Content Posted on Other Websites

    We have not reviewed, and cannot review, all of the Content made available through the websites and webpages to which the Website links, and that link to the Website. CircusTalk does not have any control over those non-CircusTalk.com websites and webpages, and is not responsible for their contents or their use. To the extent such links are provided by us, they are provided only as a convenience, and such link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. CircusTalk disclaims any responsibility for any harm resulting from your use of non- CircusTalk.com websites and webpages.

  10. Copyright Infringement and Digital Millennium Copyright Act Policy

    As CircusTalk asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that Content located on or linked to by the Website violates your copyright, you are encouraged to notify CircusTalk in accordance with CircusTalk's Digital Millennium Copyright Act ("DMCA") Policy. CircusTalk will respond to all such notices, including as required or appropriate by removing the infringing Content or disabling all links to the infringing Content. CircusTalk will terminate a user's access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of CircusTalk or others. In the case of such termination, CircusTalk will have no obligation to provide a refund of any amounts previously paid to CircusTalk.

  11. Intellectual Property

    This Agreement does not transfer from CircusTalk to you any CircusTalk or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Circus Talk. CircusTalk, CircusTalk.com, CircusTalk.News, the CircusTalk logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of CircusTalk or CircusTalk's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CircusTalk or third-party trademarks.

  12. Disclaimers and Limitations of Liability

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CIRCUSTALK TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

    1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT CIRCUSTALK MAY NOT MONITOR, CONTROL, OR VET WEBSITE CONTENT. AS SUCH, YOUR USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. CIRCUSTALK MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE CONTENT. ACCORDINGLY, CIRCUSTALK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE WEBSITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE CONTENT SUCH AS RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE.
    2. CIRCUSTALK MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE WEBSITE'S USERS. ACCORDINGLY, CIRCUSTALK IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ITS ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS, BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY USERS OR THIRD PARTIES THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
    3. CIRCUSTALK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY USERS OR BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF CIRCUSTALK SHALL CREATE A REPRESENTATION OR WARRANTY.
    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITE.
    5. CIRCUSTALK'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE WEBSITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO CIRCUSTALK IN CONNECTION WITH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
    6. CIRCUSTALK DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

  13. Advertisements

    CircusTalk and its licensees may publicly display advertisements and other information adjacent to or included with Your Content and you agree to such display of advertisements and information. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Users are not allowed to show third party ads on their profile.

  14. Changes

    CircusTalk reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement on our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CircusTalk may also, in the future, offer additional services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms and the Agreement.

  15. Termination

    CircusTalk may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account, you may simply discontinue using the Website.

  16. Your General Representation and Warranty

    You represent and warrant that (1) your use of the Website will be in strict accordance with the CircusTalk Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (2) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  17. Your Indemnification of CircusTalk

    You agree to indemnify, defend, and hold CircusTalk, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "CircusTalk Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (1) your access to or use of the Website, (2) your violation of the Terms, (3) any products or services purchased or obtained by you in connection with the Website, or (4) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. CircusTalk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CircusTalk. CircusTalk will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  18. Suggestions and Improvements

    By sending us any ideas, suggestions, documents or proposals ("feedback"), you agree that (1) your feedback does not contain the confidential or proprietary information of third parties, (2) CircusTalk is under no obligation of confidentiality, express or implied, with respect to the feedback, (3) CircusTalk may have something similar to the feedback already under consideration or in development, and (4) you grant CircusTalk an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback.

  19. Translation

    We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with CircusTalk, and any inconsistencies among the different versions will be resolved in favor of the English version.

  20. Website Availability

    The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability due to server failure or for maintenance or any other purpose.

  21. Payment

    If you purchase any Services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree that CircusTalk may store your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. CircusTalk does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services. We do not guarantee results so there is no refund for lack of usage or dissatisfaction. You also acknowledge that CircusTalk's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may access it through your CircusTalk account settings under "Purchase History" or you may request one by contacting our Customer Support.

  22. Restrictions

    CircusTalk is under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

  23. Specific Agreements

    You agree not to, and will not assist, encourage, or enable others to use the Website to:
    1. Write a fake or defamatory review, trade reviews with other businesses, or compensate someone or be compensated to write or remove a review;
    2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
    4. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Website's search results or any third party website;
    5. Solicit personal information from minors, or submit or transmit pornography;
    6. Violate any applicable law;
    7. Violate the Terms;
    8. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or Website Content (other than Your Content), except as expressly authorized by CircusTalk;
    9. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or any Website Content;
    10. Reverse engineer any portion of the Website;
    11. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
    12. Record, process, or mine information about other users;
    13. Access, retrieve or index any portion of the Website for purposes of constructing or populating a searchable database of business reviews;
    14. Reformat or frame any portion of the Website;
    15. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on CircusTalk's technology infrastructure or otherwise make excessive traffic demands of the Website;
    16. Attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means;
    17. Use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
    18. Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
    19. Use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content;
    20. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website;
    21. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Website;
    22. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field).
    23. Create a Member profile for anyone other than a natural person;
    24. Harass, abuse or harm another person, including sending unwelcomed communications to others using the Website;
    25. Upload a profile image that is not your likeness or a head-shot photo;
    26. Use or attempt to use another's account or create a false identity on the Website;
    27. 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 misrepresents 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 (e.g. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided);
      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;
      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) sending messages to people who don't know you or who are unlikely to recognize you; (b) using the Website 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 CircusTalk;
      8. Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication transmitted through the Services;
    28. Create profiles or provide content that promotes escort services or prostitution even if it is legal where you are located;
    29. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on CircusTalk;
    30. 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;
    31. Imply or state, directly or indirectly, that you are affiliated with or endorsed by CircusTalk unless you have entered into a written agreement with CircusTalk;
    32. Rent, lease, loan, trade, sell/re-sell access to the Website or any information therein, or the equivalent, in whole or part;
    33. Remove, cover or otherwise obscure any form of advertisement included on the Website;
    34. 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 Website;
    35. Use bots or other automated methods to access the Website, add or download contacts, send or redirect messages, or perform other similar activities through the Website, unless explicitly permitted by CircusTalk.

    The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

  24. Reporting

    Please report content, including comments, pictures, videos and reviews, that may contain offensive topics, such as:
    1. Nudity & Pornography
      We have a strict policy against all forms nudity or pornography in any form of media.
    2. Bullying and Harassment
      We do not tolerate abusive behavior directed at groups or individuals.
    3. Graphic Content
      Sharing any content that depicts cruelty to animals or people is prohibited on our website.
    4. Hate Speech or Symbols
      We do not allow individuals or groups to attack others based on their race, ethnicity, sexual orientation, gender or disability.
    5. Self-Harm
      We have a policy against content that promotes self-mutilation, eating disorders or drug abuse.
    6. Phishing and Spam
      We prohibit users to attempt to compromise the privacy and security of other users.
    7. Intellectual Property
      We respect the copyrights, trademarks and other legal rights of individuals and groups. Before sharing content, please make sure that you have the right to do so.
    8. Violence and Threats
      We remove content that may pose the risk of physical or financial harm or a direct threat to individual or public safety.
    9. Incorrect Data
      If you suspect that a reference, address or contact information is incorrect, please let us know.

     

  25. Miscellaneous

    This Agreement constitutes the entire agreement between CircusTalk and you concerning the subject matter hereof, and the Terms may only be modified by a written amendment signed by an authorized executive of CircusTalk, or by the posting by CircusTalk of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of New York, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York City. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York City in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms and conditions; CircusTalk may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

    If we make a change to these Terms that, in our sole discretion, is material, we will notify you via a CircusTalk update or direct email to the email address associated with your account.