This Agreement was last modified on May 08, 2014.
|1.||Eligibility and User Accounts|
|8.||Links To Other Sites|
|9.||Limitation Of Liability|
|11.||Changes To This Agreement|
1. Eligibility and User Accounts. You are not eligible to use the Site (A) if You are under the age of 13 whose registration has NOT been consented by a parent or legal guardian, or (B) if You have previously been suspended from using the Site for any reason and we have not explicitly authorized You to resume using the Site. We reserve the right to refuse use of the Site to anyone and to reject, cancel, interrupt, remove or suspend an Account at any time for any reason without liability.
1.1 User Account. In order to use certain features of the Site, you must register for a personal account by providing a name, username, email address and password. You are solely responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You must ensure that all the information you provide when you create an account on the Site is true, accurate, current and complete in all respects. If You have reason to believe that Your account is no longer secure (i.e., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify us. You may be liable for the losses incurred by Phil in the Circle LLC or others due to any unauthorized use of Your account.
1.3 Parent Account. If You are at least 18 years of age and you are the parent or legal guardian of a child whose under the age of 13 that seeks to register on the Site, You may register for a parent account on the Site where you may create, register, manage and approve accounts only for your own children, or children for whom you are a legal guardian. Phil in the Circle LLC reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. You Acknowledge that Phil in the Circle LLC cannot guarantee the accuracy of any information submitted by any User and we are not obligated to verify the identity of any User, including any User’s claim to be a parent or legal guardian, or to verify that a parent identified by a child during registration is such child’s actual parent or guardian.
1.4 Teacher Account. If you are a teacher (“Teacher”), you may register for a Teacher account on the Site to create classes for one or more of your students solely using the applicable registration mechanism made available by Phil in the Circle LLC through the Site. We may make available certain features and tools that permit Teacher to communicate with their students through the Site in order to provide tutorial, educational and other similar services to students.
3. Acceptable Use. You must not use the Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site; or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Phil in the Circle LLC’s express written consent.
You must not use the Site to transmit or send unsolicited commercial communications.
You must not use the Site for any purposes related to marketing without Phil in the Circle LLC’s express written consent.
4. Intellectual Property. The Site and its original content, features and functionality are owned by Phil in the Circle LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
5. Limited License. Phil in the Circle LLC grants You a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement: (i) to view any Content to which you are permitted access by the Site; and (ii) to print any documentary Content to which you are permitted access by the Site; in each case, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, embed or otherwise exploit the Site, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Phil in the Circle LLC or its licensors, except for the licenses and rights expressly granted in these Terms.
You grant Phil in the Circle LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Phil in the Circle LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights. Phil in the Circle LLC reserves the right to edit or remove any material submitted to the Site, or stored on the Site’s servers, or published upon the Site.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against You or Phil in the Circle LLC or a third party (in each case in any jurisdiction and under any applicable law).
7. Termination. We may terminate Your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with You. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Links To Other Sites. Our Site may contain links to third-party sites that are not owned or controlled by Phil in the Circle LLC.
9. Limitation Of Liability. In no event shall Phil in the Circle LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from Your use of the Site, and You agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from Your violation of any third-party's rights.
10. Warranty Disclaimer. Your use of the Site is at Your sole risk. The Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Phil in the Circle LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet Your requirements.
Please review this Agreement periodically for changes. If You do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
12.1 Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Phil in the Circle LLC via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
12.2 Governing Law. This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Minnesota, United States, without giving effect to any principles of conflicts of law.
12.3 Disputes. Any action arising out of or relating to this Agreement or your use of the Site must be commenced in the state or federal courts located in Carver County, Minnesota, United States (and you consent to the jurisdiction of those courts). In any such action, Phil in the Circle LLC and you irrevocably waive any right to a trial by jury.
12.4 Entire Agreement. This Agreement constitutes the entire understanding between Phil in the Circle LLC and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
12.5 Contact Us. If You have any questions about this Agreement, please contact us at firstname.lastname@example.org or PO Box 548, Chanhassen, MN 55317, USA