End user agreement for vCircles MESSENGER
vCircles TERMS AND CONDITIONS
2. vCircles Services
vCircles is an Internet and mobile phone based service hosted by vCircles that allows users to upload, share, and download content for personal computers and mobile devices that access the Internet. vCircles may include links to sites on the Internet that are owned or operated by third parties. If you choose to use such links to such sites you agree to review and accept such site’s rules of use before using such site. You access the third-party sites at your own risk. vCircles does not assume any responsibility for material created or published by such third-party sites. By providing a link to a third party site vCircles does not imply that vCircles endorses the site or the products or services referenced in such third party site.
vCircles Services are available for users who are sixteen (16) years of age or older. Notwithstanding the foregoing, if you are sixteen (16) years of age but deemed as a minor under the legislation of your country, you should review these Terms and Conditions with your parent or legal guardian and get their prior approval for registration and/or use of vCircles services.
In order to use certain features of vCircles, you need to register. To register for the vCircles Service you need to create a username and password. You agree to provide truthful, accurate and complete information when you are registering for vCircles and you agree to maintain and update any information provided. Any false identification or e-mail address or otherwise misleading information about your identity is strictly forbidden. Use of the vCircles Services by using your username and/or password is assumed by us to be made by you and thus you are personally responsible for such use. You agree to take reasonable measures and all due care to protect your password and username against misuse by third parties. You agree to indemnify vCircles against any loss or damage caused as a result of misuse of the vCircles Services by a third party where such misuse was made possible by your failure to take such reasonable measures and due care. vCircles requests you to promptly notify vCircles of any unauthorized use of your username or of any other inappropriate use of the vCircles Services firstname.lastname@example.org
5. Intellectual Property Rights
Save for all User Content (as defined in section 6 below), the content on vCircles Services including, without limitation, images, icons, photographs, graphics, sounds, music, videos, texts, software, feedback, data, messages, answers, questions, comments, suggestions, scores, hints, ideas, plans, orders, requests or the like or any other materials (“Content”) are owned or licensed by vCircles and protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Content are protected by vCircles or respective third party owners. Any rights not expressly granted herein are reserved. All Content is for your personal non-commercial use only and may not be used, modified, reproduced, transmitted, published, distributed, sold, licensed or exploited in any other way without the written consent of vCircles or the respective right holder. vCircles also permits you to establish a link to materials on the vCircles Site for personal and non-commercial use. Your access to this site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the site without the prior written consent of vCircles or the third party owner thereof. You agree not to remove any copyright or other proprietary notices if you download or print Content for your personal and non-commercial use. You also agree not to circumvent or disable any security or other technical features that prevent or restrict the use or copying of the Content.
6. Submissions of User Content
1. (a) You own the User Content submitted by you to the vCircles Service or otherwise have the right to grant the License set forth in this section. User Content submitted by you does not contain content that is unlawful, defamatory, offensive, abusive, libellous, threatening, pornographic, harassing, racially or ethnically offensive or otherwise unfit for publication or that encourages to any illegal activity, criminal offence or civil liability;
2. (b) User Content submitted by you does not contain a virus, Trojan horse, “sniffer” routines, backdoors, “robots”, “spiders”, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
3. (c) you will not submit any advertisements or solicitations of business;
4. (d) User Content submitted by you does not infringe or misappropriate any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others; and
5. (e) you will not submit any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, “junk mail”, “spam”, pyramid schemes or any other solicitations or communications, including without limitation spamming us or other users of the vCircles Service, or use or collect other users' e-mail addresses or phone numbers, or other users' information or postings, or use the site or service to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to our or any vCircles Service’s visitor's computer system.
vCircles further requires you to use good judgment and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the vCircles Site. Please note that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your sub-missions of photos or videos to the vCircles Site. Any User Content which does not comply with the foregoing is strictly prohibited. vCircles expressly disclaims any liability arising out of or relating to the User Content. Written notifications of claimed copyright infringement should be sent to vCircles at DMG House, 12 Camden Row, Dublin 8, Ireland To be effective, the notification must include the following:
6. (1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
7. (2) Identification or description of the copyrighted work claimed to have been infringed;
8. (3) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Designated Agent to locate the material;
9. (4) Your name, address, telephone number, e-mail address and any other information which will permit the Designated Agent to contact you;
10. (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
11. (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For written notifications of any other User Content which is inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication please write to us stating your full name and address, details of the location of the User Content in question and a detailed explanation why it is inappropriate, offensive or unlawful. vCircles may remove any User Content that in the sole judgement of vCircles violates the Terms and Conditions or which may be offensive, illegal or violate the rights of, or harm or threaten the safety of, any person. vCircles assumes no responsibility for monitoring the vCircles Services for inappropriate User Content or conduct. If at any time vCircles chooses, at its sole discretion, to monitor the vCircles Services, vCircles nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. Other users of the vCircles Services will be asked to report all User Content inappropriate, unlawful, defamatory, offensive, abusive or otherwise unfit for publication at info@ vcircles.net
7. Comments and other Information
Please be aware that the submission of comments or information through other similar medium will be published in a public forum and subject to many kinds of different users of different age and level of experience and vCircles does not assume responsibility for monitoring of the material posted and published. Your use of public forums like comments, message boards and chat rooms is at your own risk and you are solely responsible for all and any actions you take as well as for all and any actions that you take based on information gained on such public forum.
8. Disclaimer of Warranties
THIS vCircles SITE, AS WELL AS CONTENT AND USER CONTENT THEREOF, ARE PROVIDED BY vCircles ON AN “AS IS” AND “AS AVAILABLE” BASIS. vCircles DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. vCircles RESERVES THE RIGHT TO REVISE THE SITE OR WITHDRAW ACCESS TO IT AT ANY TIME WITHOUT NOTICE TO YOU. vCircles EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE vCircles SERVICES IS AT YOUR SOLE RISK AND THAT YOU ARE EXPOSED TO USER CONTENT FROM VARIOUS SOURCES. vCircles ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY CONTENT OR INFORMATION PROVIDED BY OTHER USERS OF THE vCircles SERVICES.
9. Direct Marketing
You may also give us your consent to use your personal data for direct marketing purposes. You have the right, at any time, to prohibit us or our third-party designees from using any personal data collected from you for direct marketing purposes, even if you have earlier consented to such use.
The use of the vCircles Services is free of charge. vCircles reserves the right to charge for the vCircles Services and to change its fees from time to time, at its discretion. vCircles may from time to time launch other services which may be subject to a separate charge and terms.
11. Limitations of Liability
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY OR DAMAGES CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, vCircles, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE AND SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. vCircles SITE IS HOSTED AND MADE AVAILABLE FROM IRELAND. IN THE EVENT YOU ACCESS vCircles SITE FROM OTHER JURISDICTIONS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THE LOCAL LAW.
vCircles shall have the right to assign these Terms and Conditions or its rights and obligations hereunder to a third party without your prior written consent, but may not be assigned by you without vCircles prior written consent.
15. No doctor – patient relationship created
Neither you nor any other party has become a patient of any individual or entity providing health materials by means of vCircles Services. You or such other party must consult a health care professional for a complete diagnosis, treatment and/or care.