LitCircle Terms of Use


Effective: September 6, 2016

Hey :)

Thanks for trying out LitCircle! I hope you’re as excited as we are to explore your city’s parties. I’ve created these Terms of Use (which we’ll simply call the "Terms") so you know the rules of our relationship. Please read this carefully before using LitCircle.

1. Terms

THIS LEGAL AGREEMENT BETWEEN YOU AND New Technologies, Inc. (hereinafter referred to as “New") GOVERNS YOUR USE OF THE LitCircle Application (“App”). By accessing this application you are agreeing to be bound by these Terms of Use, and to be held responsible for compliance with any applicable local laws. If you do not agree with any of these terms, feel free to jump off the app and never use it again. :)

Let me also take this opportunity to inform you that these terms contain and arbitration clause that delineates how we’ll deal with disputes between us. You and LitCircle agree that disputes between us will be resolved by mandatory binding arbitration. By agreeing to these terms you waive any right to pursue other forms of legal action like a class-action lawsuit.


2. Use License

New Technologies is the provider of the App that permits you to access, post and share content under the terms and conditions set forth in this Agreement.

Only persons age 16 years or older can create accounts. Accounts for persons under 16 years old must be created by a parent or legal guardian. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and the parent or legal guardian understand it.

The App is available to you only in the United States. You agree not to use or attempt to use the App from outside these locations.

Use of the App requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest version of required software is recommended to access the App and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.

YOUR ACCOUNT

As a registered user of the App, you may establish an account ("Account"). It should probably go without saying but it’s worth repeating to not reveal your Account information to anyone else. You are individually responsible for maintaining the confidentiality and security of your Account. All activities that occur on or through your Account are your sole responsibility. By using the App you agree to immediately notify LitCircle of any security breach of your Account. LitCircle will not be responsible for any potential losses arising out of the unauthorized use of your Account.

To access the app you’ll have to authorize use of your Facebook ID to authenticate your Account. Once you have authenticated your Account using your Facebook or other social media account ID, you will not need to authenticate again.

You agree to provide accurate and complete information when you register with, and as you use, the App. You agree to update your App Registration Data to keep it accurate and complete. The delivery of App does not transfer to you any ownership use rights from the App.

You acknowledge that, because some aspects of the App, and administration of the Usage Rules entails the ongoing involvement of LitCircle, if LitCircle any part of or discontinues the App, which LitCircle may do at its election, you may not be able to use the App to the same extent as prior to such change or discontinuation, and that LitCircle shall have no liability to you in such case.

SUBMISSIONS

The App may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the App accessible and viewable by other users of the App and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the App. You hereby grant LitCircle a worldwide, royalty-free, nonexclusive license to use such materials as part of the App, and in relation to App, without any compensation or obligation to you. LitCircle reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. You may not submit reviews or ratings for the App using a promotional Content Code.

LitCircle has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the App, to investigate any reported or apparent violation of this Agreement, and to take any action that LitCircle, in its sole discretion deems appropriate, including, without limitation, termination hereunder.

THIRD-PARTY MATERIALS

LitCircle does not review all of the posted content on its app and is not responsible for the contents of posted content. Postings on the app do not imply endorsement by LitCircle Content may include materials from third parties. Users may provide links to third-party websites. You agree that LitCircle is not responsible for examining or evaluating the content or accuracy and LitCircle does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that LitCircle is not in any way responsible for any such use by you.

3. Intellectual Property

You agree that the App, including but not limited to the graphics, user interface, audio clips, editorial content, and/or the scripts and software used to implement the App, contain proprietary information and material that is owned by LitCircle and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the App in compliance with this Agreement. No portion of the App may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App in any manner, and you shall not exploit the App in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, LitCircle and its principals reserve the right to change, suspend, remove, or disable access to the App content, or other materials comprising a part of the App at any time without notice. In no event will LitCircle be liable for making these changes. LitCircle may also impose limits on the use of or access to certain features or portions of the App, in any case and without notice or liability. All copyrights in and to the App (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by LitCircle and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE APP, EXCEPT FOR USE OF THE APP AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

LitCircle, the LitCircle logo, and other LitCircle trademarks, service marks, graphics, and logos used in connection with the App are trademarks or registered trademarks of LitCircle in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the App may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

4. Termination

If you fail, or LitCircle suspects that you have failed, to comply with any of the provisions of this Agreement, LitCircle, at its singular discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the App (or any part thereof). LitCircle reserves the right to modify, suspend, or discontinue the App (or any part or content thereof) at any time with or without notice to you, and LitCircle will not be liable to you or to any third party should it exercise such rights.

5. Disclaimer and Liability limitations

LitCircle DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME LitCircle MAY REMOVE THE APP FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APP AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APP IS AT YOUR SOLE RISK. THE APP IS (EXCEPT AS EXPRESSLY STATED BY LitCircle) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL LitCircle, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR

JURISDICTIONS, LitCircle’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

LitCircle SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE APP, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND LitCircle HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

LitCircle DOES NOT REPRESENT OR GUARANTEE THAT THE APP WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. WAIVER AND INDEMNITY

BY USING THE APP, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY AND HOLD LitCircle, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE APP, OR ANY ACTION TAKEN BY LitCircle AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM LitCircle, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE APP, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF LitCircle’s CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

6. Revisions

LitCircle may revise these terms of use for its app at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. LitCircle reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the App. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the App will be deemed acceptance thereof.

7. Arbitration

All claims and disputes arising out of or relating to these Terms of Use will be resolved by binding arbitration on an individual basis. You and LitCircle are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. YOU AND LITCIRCLE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. This arbitration agreement will survive the termination of your relationship with LitCircle.

8. Miscellaneous

This Agreement constitutes the entire agreement between you and LitCircle and governs your use of the App. You also may be subject to additional terms and conditions that’ll apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. LitCircle’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. LitCircle will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the App. All transactions on the App are governed by California law, without giving effect to its conflict of law provisions. Your use of the App may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with LitCircle or relating in any way to your use of the App resides in the courts in the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No LitCircle associate or employee has the authority to vary this Agreement.

LitCircle may notify you with respect to the App by sending an email message to your Account email address or a letter via postal mail to your Account mailing address. Notices shall become effective immediately.

LitCircle reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that LitCircle has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as LitCircle believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LitCircle’s right to cooperate with any legal process relating to your use of the App, and/or a third-party claim that your use of the App is unlawful and/or infringes such third party's rights).