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# Terms of Service

These are our terms of service. They’re long and detailed, but they’re here to protect both you and us - and make sure we have a long and happy relationship together. Please take a moment to review all of these terms so you know what you’re agreeing to.

If you find a Your Circle account which you believe violates our terms of service, please contact us immediately and let us know.

The following terms and conditions (“Terms”) govern all use of the FindYourCircle.co website, and all content, services and products available at or through the website, including, but not limited to, the Your Circle software and any white labeled version of the Your Circle software (“Your Circle”), (taken together, our “Services”). Our services is owned and operated by Curiosity IO, LLC (“Curiosity IO”, “Your Circle”, “we”, “team”, “our”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Your Circle’s Privacy Policy) and procedures that may be published from time to time on this Site by Curiosity IO (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access any our Services. If these terms and conditions are considered an offer by Curiosity IO, acceptance is expressly limited to these terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

Your “Your Circle” Account

If you create an account on our Services, you are responsible for maintaining the security of your account and all of it’s contents, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Curiosity IO may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Curiosity IO liability. You must immediately notify Curiosity IO of any unauthorized uses of your account or any other breaches of security. Curiosity IO and its suppliers and licensors 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.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account. Curiosity IO cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Responsibility of Users

If you operate an account, post material to our Services, post links on our Services, or otherwise make (or allow any third party to make) material available by means of our Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other accounts and web sites, and similar unsolicited promotional methods; your account is not named in a manner that misleads your readers into thinking that you are another person. For example, your account’s URL or name is not the name of a person other than yourself; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Curiosity IO or otherwise. By submitting Content to Curiosity IO for inclusion on your Your Circle account, you grant Curiosity IO a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, Curiosity IO will use reasonable efforts to remove it from our Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Curiosity IO has the right (though not the obligation) to, in Curiosity IO’s sole discretion (i) refuse or remove any content that, in Curiosity IO’s reasonable opinion, violates any Curiosity IO policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of our Services to any individual or entity for any reason, in Curiosity IO’s sole discretion. Curiosity IO will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

Optional paid services such as match making and chat are available on our Services (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Curiosity IO the subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a subscription period as indicated. Upgrade fees are not refundable.

Unless indicated otherwise at the explicit discretion of Curiosity IO, all sales are final and no refunds are provided for any products or services provided.

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Upgrades.

Responsibility of our Services Visitors

Curiosity IO has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Curiosity IO does not represent or imply that it endorses the material there posted, or that it believes such material 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.

Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material 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. Curiosity IO disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FindYourCircle.co links, and that link to FindYourCircle.co. Curiosity IO does not have any control over those non-Curiosity IO and non-Your Circle websites and webpages, and is not responsible for their contents or their use. By linking to a non-Curiosity IO or non-Your Circle website or webpage, Curiosity IO does not represent or imply that it endorses such website or webpage. 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. Curiosity IO disclaims any responsibility for any harm resulting from your use of non-Curiosity IO and non-Your Circle websites and webpages.

Copyright Infringement and DMCA Policy

As Curiosity IO asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FindYourCircle.co violates your copyright, you are encouraged to notify Curiosity IO via levi@curiosityio.com. Curiosity IO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Curiosity IO will terminate a visitor’s access to and use of our Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Curiosity IO or others.

Intellectual Property

This Agreement does not transfer from Curiosity IO to you any Curiosity IO or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Curiosity IO. Curiosity IO, Your Circle, FindYourCircle.co, the Your Circle logo, and all other trademarks, service marks, graphics and logos used in connection with FindYourCircle.co, or our Services are trademarks or registered trademarks of Curiosity IO or Curiosity IO’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Curiosity IO or third-party trademarks.

Changes

Curiosity IO reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. A full history of this agreement can be found here: https://github.com/curiosityio/YourCircle-Policy. Your continued use of or access to our Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Curiosity IO may also, in the future, offer new services and/or features through our Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Curiosity IO may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FindYourCircle.co account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services is provided “as is”. Curiosity IO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Curiosity IO nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Curiosity IO does not perform background checks on or screen any individuals participating using our Services. By registering with Your Circle and using our Services you are agreeing that Curiosity IO and its suppliers and licensors are not liable for any damages, direct or indirect, that may in any way arise out of using our Services or through our match making process. Therefore, in the event that you are injured or suffer damages of any kind from users using our Services, people who are matched with your through the match making process you agree to release Curiosity IO and its suppliers and licensors and its associates from any liability with respect thereof.

Limitation of Liability

In no event will Curiosity IO, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Curiosity IO under this agreement during the twelve (12) month period prior to the cause of action. Curiosity IO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the Curiosity IO 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 (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Curiosity IO and its contractors and its licensors and their respective directors, partners, affiliates, subsidiaries, officers, employees and agents from and against any and all claims, expenses (including attorneys’ fees), losses, damages, actions, proceedings, liabilities or investigations (whether formal or informal), or threats thereof, based upon, relating to, or arising in connection with using our Services, any and all of the services that Your Circle and Curiosity IO provides or claims to provide, as well as communications or meetings that you arrange on your own volition and on your own time with others who use our Services, including but not limited to your violation of this Agreement.

You agree that you take sole and complete responsibility for any and all actions that might occur during any meeting or communication with anyone you encounter through our Services.

Miscellaneous

This Agreement constitutes the entire agreement between Curiosity IO and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Curiosity IO, or by the posting by Curiosity IO of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Iowa, U.S.A., 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 Linn County, Iowa, U.S.A. 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 Cedar Rapids, Iowa, 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; Curiosity IO 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.

These terms of service are released under the Creative Commons 3.0 license, with thanks to Ghost.org for the version this document is based off, and thanks to WordPress.com for authoring the original version.

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