CirQles is a social network which (i) allows easy interaction among its Members for whatever concerns their local and everyday life, (ii) brings people together from the same communities/groups/clubs at a varying levels of proximity, (iii) offers global visibility to local businesses (iv) provides access to reliable, accurate, and updated information about these businesses. cirQles is accessible at https://www.cirqles.ca and other related URLs.
cirQles is the exclusive property of DHTnet Corp., incorporated under the Canada Business Corporations Act under number 840294-9, having its registered office at 760 Chemin Marie Le Ber, Suite 303, Nun's Island, Quebec, Canada, H3E 1W6.
By using cirQles, as a User or as a Member, you agree with the terms and conditions of this Agreement (the “Terms & Conditions”). These Terms & Conditions will remain in force as long as you use cirQles.
We may, in our sole discretion, modify or revise these Terms & Conditions at any time. In such event, we will inform you of the changes and require your consent to continue using cirQles. If you do not accept the modified version, your access will be terminated and your Member account deactivated.
You can, at any time, review the most up-to-date version of these Terms & Conditions at this address: https://www.cirqles.ca/terms.
The words beginning with a capital letter are defined at the end of this document.
PROVISION OF CIRQLES
1.1 We will ensure that cirQles operates pursuant to these Terms & Conditions.
1.2 cirQles is offered to you free of any charge. You acknowledge and agree that cirQles is provided to you “as is” without any expressed or implied warranty of any kind to the full extent permitted by law.
1.3 We will use our best efforts to ensure that cirQles is available at all times and to avoid any Suspensions. It is understood that some Suspension of cirQles might happen, without liability, in order to:
1.4 You acknowledge and agree that we may, at our absolute discretion, modify cirQles and its Features from time to time. In particular, we may:
1.5 You acknowledge and agree that you may have to modify your Configuration, at your own expense, in order to access cirQles. You acknowledge and agree that the financial or technical charges which may be incurred by you to access cirQles shall be entirely and exclusively borne by you.
2.1 Some Features of cirQles are only accessible by becoming a Member. In order to become a Member, you have to provide accurate, up-to-date and complete information about yourself. cirQles is a trusting community.
2.2 As a Member, you create a password that will allow you to have access to your Member account, which is personal and may not be shared.
2.3 Access to and use of cirQles is under your sole control, supervision, risk and responsibility. You are responsible for any and all Content that you Post on cirQles or that is Posted through your Member account. In this regard, any use of or access to your Member account will irrevocably be regarded as a use of, or access by you.
2.4 You must notify us immediately by e-mail of any loss or theft, authorized or unauthorized communication of your password, or of any unauthorized access or use of your Member account. In such case, we will temporarily deactivate your Member account and send a new password to you by e-mail in order to reinstate your Member account.
2.5 Your membership may be terminated by us on a without prejudice basis at any time in the event of breach of any of the provisions herein or of any applicable law. You may however send us a request in order to have your Member account re-opened. In such case, we will carefully review your request and may decide, in our absolute discretion, to re-open your Member account or not.
RESTRICTION OF USE OF CIRQLES
3.1 General restrictions of use
3.1.1 You have to comply with all of the provisions hereunder and with all applicable laws.
3.1.2 You shall not use cirQles to Post, store, display, transfer or otherwise communicate any Offensive Material.
3.1.3 You shall not copy, reproduce, modify part of or all of the Content Posted on cirQles that does not belong to you.
3.1.4 You shall not, either by using a Robot or manually, copy, reproduce, modify or create derivative work of cirQles or the Content Posted or stored on cirQles.
3.2 Respecting others' privacy
3.2.1 Our connected world is amazing, but some people highly value their privacy and we must all respect that. Always keep in mind that your right to display some aspects of your privacy should not interfere with other people's privacy.
3.2.2 You shall not post without proper consent Content , exposing personal attributes including but not limited to: partial or total physical representation, voice, personal characteristics, etc) without that person's consent. .
3.2.3 You shall not Post information or Content that may put someone's privacy or personal security at risk.
3.2.4 We may withdraw any Content posted by you on cirQles which interferes with other people's privacy, upon their legitimate request, and according to the law.
3.3 Refraining from infringing on others' Intellectual Property Rights
3.3.1 Always keep in mind that you may only post Content if you own the appropriate Intellectual Property Rights to such content.
3.3.2 You shall not Post, store, display, transfer or otherwise communicate any Content if you do not own the appropriate Intellectual Property Rights to such content.
3.3.3 You shall not promote illegal, infringing, or unauthorized Content if you do not own the appropriate Intellectual Property Rights to such content.
3.3.4 You shall not engage in actions which would have the effect of, or provide instructions or means to infringe on other people's Intellectual Property Rights, or to circumvent any type of digital right management protection.
3.4 Keeping away from cyber violence
You shall not use cirQles to:
3.5 Reporting an abuse
We want cirQles to be a safe and comfortable place. That is why you can report an abuse at any time to cirQles' administration. Although we do not regulate the Content Posted or stored on cirQles, as we solely act as a hosting provider, we will do our best to promptly react to and delete any Offensive Material, unlawful Content or Content in breach of these Terms & Conditions that has been reported to us. However, we will at our discretion decide whether or not the reported Content shall be deleted.
INTELLECTUAL PROPERTY RIGHTS
4.1 We acknowledge that you are the exclusive owner of your own Content.
4.2 Nothing in the Terms & Conditions shall have the effect of transferring to us any Intellectual Property Rights, or any other right, title or interest, in or to any Content belonging to you.
4.3 However, we need your consent to display the Content that you Post on cirQles. You therefore grant us a worldwide, non-exclusive, royalty-free license, for as long as you maintain your Content on cirQles, to use, access, reproduce, distribute, display and perform the Content Posted by you on cirQles. You also grant us the right to modify your Content only to the extent necessary for displaying it on cirQles.
4.4 You may decide who will have access to your Content by modifying your settings. We will only give access to your Content to those persons who are duly authorized by you.
4.5 You represent and guarantee that you retain all ownership in the Content posted on cirQles by you or that you have been licensed by the rightful owner for such use.
4.6 We hereby grant you a free, personal and non-exclusive license to use cirQles. We may however revoke this license without prejudice and you renounce to any claim for any damages which you might allege results therefrom. Should the Terms & Conditions be terminated by either you or us, the license to use cirQles shall be automatically and immediately revoked.
4.7 Nothing in the Terms & Conditions shall have the effect of granting or transferring to, or vesting in you any Intellectual Property Rights, or any other right, title or interest, in or to any Content belonging to us, and especially on cirQles.
6.1 Exclusion of liability
6.1.1 We offer cirQles as a mere hosting provider and do not monitor the Content and opinions posted on cirQles nor do we operate any preventive supervision on cirQles.
6.1.2 To the fullest extent permitted by law, we shall not be liable for:
6.1.3 We do not endorse the Content Posted by you on cirQles.
6.14 You, the Member and User, are solely responsible for the opinions expressed on cirQles and we will incur no liability in this regard.
6.1.5 We are not responsible for disputes that may arise among Members and/or Users and and we will incur no liability in this regard.
6.2 Force majeure
6.2.1 Under the Terms & Conditions, force majeure shall be construed as (i) any event construed as force majeure under case law, (ii) any unforeseeable event affecting a Party (iii) any third party or external causes such as, but not limited to, strike, energy outage (such as electricity), failure in the telecommunications network and specifically Internet disturbances due to the public and private providers, civil or foreign war, riots or civil unrest, attacks, natural disasters, fires or water damage (hereinafter “Force Majeure“).
6.2.2 Neither you nor us shall be liable for any loss or damage suffered or incurred by the other arising out of or in connection with the delay in performing or non-performance of the obligations hereunder to the extent that and for so long as such delay or failure results from an event of Force Majeure.
PROVISIONS APPLICABLE TO PROFESSIONALS
7.1 This section applies only to Professionals.
7.2 cirQles should not be used to promote your product or services. cirQles may only used by you in order to inform the public about your local business and related local events.
7.3 You shall not use cirQles to organize contests, sweepstakes, barter or pyramid schemes.
7.4 Any and all information Posted by you on cirQles should be reliable, honest, accurate and up-to-date. You should not post deceitful information about your business, your products, or your services.
APPLICABLE LAW AND JURISDICTION
8.1 The Terms & Conditions are governed by the law of the Province of Québec, Canada.
8.2 In the event of a dispute between you and us in relation to the Terms & Conditions, we both shall first attempt to resolve it together diligently and in good faith with a view to finding an amicable solution within a period of 45 days. Should this dispute persist, it shall be submitted to the competent jurisdiction in the district of Montréal in the Province of Québec, Canada.
9.1 If any provision of these Terms & Conditions is held unenforceable or in conflict with the law of any jurisdiction, the validity and enforceability of the remaining provisions hereof shall not be affected by such holding and the Terms & Conditions will remain into force.
9.2 Failure to insist on the strict performance provision shall not constitute a waiver of any of the provisions of these Terms & Conditions or waiver of any future default.
9.3 These Terms & Conditions express the entire understanding between you and us. No modification, extension, or waiver of these Terms & Conditions or any provision hereof shall be binding unless agreed to in writing by us.
In these Terms and Conditions, the following terms shall have the following meaning:
“Configuration” means the hardware, software and/or network which enables you to access and use cirQles.
“Content” means any texts, power points, scripts, databases, graphics, photos, sounds, music, videos, audiovisual combinations, software, interactive features and other materials.
“Features” refers to the functionalities provided on cirQles and including, among others: access to a personal mailbox, forums, newsfeed, communities, clubs and groups.
“Intellectual Property Rights” means any and all intellectual property, including any patents, inventions, trademarks, service marks, trade names, logos, domain names, business names, rights in designs, copyright (including rights in computer software and moral rights), author's rights, database rights, rights in know-how, in each case whether registered or unregistered and including applications for grants of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world now or in the future in any country or jurisdiction for the full term of protection.
“Member” means the individual who has registered to cirQles.
“Offensive Material” refers to any Content or material that:
“Post” means posting, publishing, displaying, storing or uploading any Content on cirQles.
“Suspension” means any downtime or unavailability of any portion or all of cirQles for any reason, whether scheduled or unscheduled.
“Robot” means any type of robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology.
“User” means any person who accesses cirQles.
“Virus” means any virus, worm, robot, time bomb, trojan horse and/or other harmful or malicious code.