Terms and Conditions of SKATINGCIRCLE Website Use

Last Updated May 28, 2008

This Website is provided by InTheCirkel.com, LLC (d/b/a “SkatingCircle”) (“SkatingCircle). Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.

PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.

Right to Use this Website

SkatingCircle grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication, upon all of the terms of this User Agreement. This Website contains materials and other items relating to SkatingCircle and its products and services, and similar items from our business affiliates, advertisers, and other third parties (collectively, the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of SkatingCircle and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Copyrights

All Content is copyrighted, and it is either owned or used with permission by SkatingCircle. We disclaim any representation or warranty that your unauthorized use of Content will not infringe upon rights of third parties not owned by or affiliated with SkatingCircle.

Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Content. You may download one copy of portions of the Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, or otherwise) any license or right to any Content under any copyright or any other intellectual property right.

If you believe that material posted on this Website infringes upon any copyright that you own or control, or that any link on this Website directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our “Designated Agent” as set forth below:  

Name of Agent Designated to Receive Notification of Claimed Infringement:  

Ted Greene
Director of Content 

Full Address of Designated Agent to Whom Notification Should be Sent: 

Director of Content, InTheCirkel, LLC, 790 Frontage Road, Suite 705, Northfield, Il 60093  USA 
Email Address of Designated Agent:  ted@skatingcircle.com 

SkatingCircle may give notice of a claim of copyright infringement to its users by means of a general notice on this Website, electronic mail to a user's email address in SkatingCircle’s records, or by written communication sent by first-class mail to a user's address in our records. 

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, SkatingCircle has adopted a policy of terminating, in appropriate circumstances and at SkatingCircle’s sole discretion, subscribers or account holders who are deemed to be repeat infringers.  SkatingCircle may also at its sole discretion limit access to this Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The trademarks, logos, and service marks displayed on this Website are owned by SkatingCircle and third parties. All trademarks not owned by SkatingCircle are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, or otherwise, any right or license to use any Trademark.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Use of Interactive Areas 

This Website may contain discussion forums, review services or other forums in which you or third parties may post content, photographs, messages, materials or other items ("Interactive Areas").  You are solely responsible for your use of such Interactive Areas and use them at your own risk.  By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following: 

1. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;  
2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;  
   
3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;  
   
4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;  
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;  
7. Viruses, corrupted data or other harmful, disruptive or destructive files;  
8. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or  
9. Content that, in the sole judgment of SkatingCircle, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or which may expose SkatingCircle or its affiliates or its users to any harm or liability of any type. 

SkatingCircle takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SkatingCircle liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  As a provider of interactive services, SkatingCircle is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.  Although SkatingCircle has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, SkatingCircle reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. 

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates this User Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect SkatingCircle's systems and customers, or to ensure the integrity and operation of SkatingCircle's business and systems, SkatingCircle may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history and posted Content.  SkatingCircle's right to disclose any such information shall govern over any terms of SkatingCircle's Privacy Policy. 

SkatingCircle reserves the right, in its sole discretion, to adopt additional rules in any community area or Interactive Area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time.

Rights to User Content 

By posting or distributing Content to or through the Site, unless SkatingCircle indicates otherwise in writing, you (a) grant SkatingCircle and its affiliates an exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant SkatingCircle and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if SkatingCircle so chooses; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate this User Agreement and will not violate any rights of or cause injury to any person or entity.  You further grant SkatingCircle the right to pursue at law any person or entity that violates your or SkatingCircle's rights in the Content by a breach of this User Agreement. 

Content submitted by users will be considered non-confidential and SkatingCircle is under no obligation to treat such Content as proprietary information.  Without limiting the foregoing, SkatingCircle reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting or refusing to post it. SkatingCircle is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to SkatingCircle.  SkatingCircle shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties. 

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by SkatingCircle or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release SkatingCircle, and its licensees, successors and assigns, from any claims that you could otherwise assert against SkatingCircle by virtue of any such moral rights.

Online Shopping

This Website and/or our affiliates’ websites may offer online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. We make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.

No Purchases by Minors

By ordering a product or service, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.

Use Restrictions

You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other "hidden text" utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.

Investigations: Cooperation with Law Enforcement, Termination

SkatingCircle reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

Privacy and Security Measures

SkatingCircle must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But we respect the privacy of our visitors, and are especially mindful of protecting the privacy of young children visiting our site. Please click here to review our privacy policy.

Disclaimers and Limitations of Liability

This Website may include technical inaccuracies or other errors, and your use and browsing of this Website is at your risk. THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SKATINGCIRCLE DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN SKATINGCIRCLE WILL NOT BE LIABLE FOR THOSE COSTS. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST SKATINGCIRCLE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THIS WEBSITE, THE SERVICES, THIS WEBSITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT SKATINGCIRCLE HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THIS WEBSITE. YOU USE THIS WEBSITE AT YOUR OWN RISK. 

WITHOUT LIMITATION OF THE FOREGOING, NEITHER SKATINGCIRCLE NOR ANY PARTIES PROVIDING CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY CONTENT OR OTHER INFORMATION OBTAINED FROM SKATINGCIRCLE OR ACCESSIBLE VIA THIS WEBSITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SKATINGCIRCLE'S RECORDS, PROGRAMS OR SERVICES. 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SKATINGCIRCLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE EXCEED $100.

Links by You to this Website

You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any trademark graphics, (c) the links and related content on your site do not suggest any affiliation with SkatingCircle or cause confusion among consumers, (d) the links and related content on your site do not portray SkatingCircle or its services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.  This limited right may be revoked at any time.  You may not use a SkatingCircle logo or other proprietary graphic of SkatingCircle to link to this Website without the express written permission of SkatingCircle.  Further, you may not use, frame or utilize framing techniques to enclose any SkatingCircle trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without SkatingCircle's express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of SkatingCircle or any third party.  Nothing contained on this Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of SkatingCircle or any third party without the prior written permission of SkatingCircle or such other party that may own such patent, trademark, copyright or other proprietary right(s).

Links on this Website to and from Other Sites

This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, promotional and business partners of SkatingCircle. We have no control over the content of Linked Sites, and do not assume any obligation to review any Linked Sites. SkatingCircle does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and we disclaim all liability in connection therewith. Any activities you engage in connection with a Linked Site are subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and SkatingCircle disclaims all liability in connection therewith.

Banners, Advertisements, and Promotions

We reserve the right to post banners, advertisements, promotions, and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). SkatingCircle disclaims all liability in connection with therewith.

Indemnity

You agree to indemnify, defend, and hold harmless SkatingCircle (which includes our affiliates) and its officers, managers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.

Revisions to this Website and this User Agreement

SkatingCircle may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. SkatingCircle may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.

Applicable Law and Venue 

This Website is controlled by InTheCirkel, LLC and operated by InTheCirkel, LLC from its offices in and around Northfield, Illinois.  While SkatingCircle has made no specific efforts to publish this Website elsewhere, this Website is accessible in all 50 states of the United States and in other countries.  You and SkatingCircle both benefit from establishing a predictable legal environment in regard to this Website.  Therefore, you and SkatingCircle explicitly agree that all disputes, claims or other matters arising from or relating to your use of this Website will be governed by the laws of the State of Illinois, without regard to its conflicts of law principles.  You agree that all claims you may have against InTheCirkel, LLC arising from or relating to this Website will be heard and resolved in a court of competent subject matter jurisdiction located in Chicago, Illinois.  You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.  If you choose to access this Website from locations other than Chicago, Illinois, you will be responsible for compliance with all local laws of such other jurisdiction. 

© 2007 InTheCirkel, LLC. All Rights Reserved.