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Terms of Use

Acceptance of Terms of Use

Welcome! By using the thecircumference.org website, you agree to be bound by the following terms and conditions (the "Terms of Use").

Changes In Use or Terms of Use

We may modify or terminate our website from time to time or terminate the website, for any reason, with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. You agree to be bound to any changes to these Terms of Use when you use the website after any such modification is posted. Please review these Terms of Use from time to time so that you will be apprised of any changes.

Use of Website and Its Content

Images from flickr may be syndicated in accordance to their respective invididual Creative Commons licenses.

Videos from YouTube may be syndicated in accordance to the YouTube terms of use.

Aside from the above, no other part of this website or any information, data, text, images, files, links, software, chat, communication or other materials ("Content") displayed on this website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that thecircumference authorizes you to view, copy, download, and print Content that is displayed on this website, subject to the following conditions:

  1. The Content may be used solely for your personal, noncommercial, informational purposes;
  2. The Content may not be modified;
  3. Copyright, trademark, and other proprietary notices may not be removed; and
  4. thecircumference.org reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from thecircumference.org.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any Content displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of thecircumference or such third party that may own the trademark or copyright of material displayed on this website.

General Practices Regarding Use of thecircumference.org

You acknowledge that thecircumference.org may establish general practices and limits concerning use of the website, including the maximum disk space that will be allotted on thecircumference.org's servers on your behalf. In addition, you agree not to take any action that might impose, in thecircumference.org's discretion, a disproportionately large load on thecircumference.org's servers or infrastructure.

Standards of User Conduct

You may not use this website (the "Site") to

  • (i) transmit via or through the Site any Content that is or which thecircumference considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, violent, harassing or otherwise objectionable Content;
  • (ii) display material that exploits, or otherwise exploit, children under 18 years of age;
  • (iii) post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
  • (iv) harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;
  • (v) impersonate any other person, including but not limited to, a thecircumference official, expert or bulletin board leader, guide or host;
  • (vi) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);
  • (vii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or
  • (viii) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.

Ownership

This website, and the information which it contains, is the property of snozberry media. ("thecircumference") and its affiliates and licensors, and is protected from unauthorized copying and dissemination by Canadian copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners. You agree not to copy, reverse engineer, or attempt to discover any source code, distribute or create derivative works based on the website, in whole or in part. You agree not to access the website by any means other than through the interface that is provided by thecircumference.org for use in accessing the website. In addition, any software that is made available from this website, including, without limitation, all HTML code and Web controls, are owned by or licensed to thecircumference. Any reproduction or redistribution of this software is expressly prohibited.

Indemnity

By using this website, you agree to indemnify, hold harmless and defend thecircumference from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this website or in violation of these Terms of Use.

Notice and Take Down Procedures; Copyright Agent

If you believe any copywrited work accessible on or from this website infringe your copyright, you may request removal of such work (or access thereto) from this website by contacting thecircumference's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the work that you believe to be infringing and its location. Please describe the work, and provide us with its URL or any other pertinent information that will allow us to locate the work.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

thecircumference's agent for copyright issues relating to this website is as follows:
Editorial Department - Snozberry Media - 1 Shaw Street, Suite 923, Toronto, Ontario, Canada M6K 0A1

In an effort to protect the rights of copyright owners, thecircumference maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this website who are repeat infringers.

No Warranties

THIS WEBSITE AND ALL CONTENT PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THECIRCUMFERENCE, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THECIRCUMFERENCE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCT, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

SPECIFICALLY, BUT WITHOUT LIMITATION, THECIRCUMFERENCE DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL THECIRCUMFERENCE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE.

Links to Third-Party Websites

This website may contain links to non-thecircumference websites. These links are provided to you as a convenience, and thecircumference is not responsible for the content of any linked website. Any outside website accessed from the thecircumference website is independent, and thecircumference has no control over the content of that website. In addition, a link to any non-thecircumference website does not imply that thecircumference endorses or accepts any responsibility for the content or use of such a website.

Jurisdictional Issues

thecircumference makes no representation that information on this website is appropriate or available for use outside Canada. Those who choose to access this website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to thecircumference

With respect to Content you submit or make available for inclusion in "publicly accessible" areas of the website, you hereby grant to thecircumference a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) for any purpose. "Publicly accessible" areas of the website are those areas that are intended by thecircumference.org to be available to the general public including all experiences.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by thecircumference.

For Additional Information

If you have any questions about the rights and restrictions above, please contact thecircumference's Editorial Department.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.