Footcircles Terms of Service
Footcircles is a travel enthusiast’s social networking website for sharing stories with other interested travellers around the world. Footcircles is founded on the idea that travelling should be fun, meaningful and something all of us do for as long as we are alive.
The following are the terms and conditions for use of the Footcircles Service. Footcircles requires that your access to and use of the Footcircles Service and the Content (as defined in Section 3) you upload to or that otherwise appears or exists on the Footcircles Service be in accordance with the Terms. Please read the Terms carefully. We take this very seriously and have done our best to make the Terms as straightforward as possible.
The Footcircles Service is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. By visiting or using the Footcircles Service, clicking the “I Accept” checkbox, completing the Footcircles Service registration process, or using the Footcircles Service in any way, you are stating that you agree to be bound by the following terms. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
1. Basic Terms
These Terms apply to all users of the Footcircles Service. This includes, but is not limited to, non-registered users, registered users, and users who contribute or access Content on the Footcircles Service.
You may use the Footcircles Service only if you can form a binding contract with the Footcircles Service and are not a person barred from receiving the Footcircles Service under the laws of Canada and the Province of Ontario or any other applicable jurisdiction. You may use the Footcircles Service and Content only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules, and regulations. You certify that you are legally permitted to use the Footcircles Service and access Footcircles.com. This Agreement is void where prohibited by law, and the right to access the Footcircles Service is revoked in those jurisdictions. Footcircles makes no claim that the Footcircles Service and Footcircles.com may be lawfully viewed or that Content may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the Footcircles Service from outside Canada, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
You may not use the Footcircles Service if you are under 13 years old. Any registration by anyone under 13 is void. By completing the registration process described in Section 2, you represent and warrant that you are 13 or older.
You are responsible for safeguarding your account information and password. You agree to take sole responsibility for any activities or actions under your Account, whether by you or any third party and whether or not you have authorized such activities or actions. We encourage you to exercise caution when sharing any account or personal information with any third parties or third party services. You will immediately notify us of any unauthorized use of your Account or any other breach of security known to you.
Your status as a registered user is subject to your continued compliance with these Terms, and we reserve the right to refuse registration for the Footcircles Service to, or remove the Account of, any user or participant at any time in our sole discretion.
Any text, html, URLs, images, graphics, video, other rich media content, or other materials submitted to, posted to, uploaded to, downloaded from, or appearing or existing on the Footcircles Service is referred to herein as Content. As a registered user, you can contribute Content to the Footcircles Service for the duration of these Terms, and you will always retain ownership of the rights you have to your Content.
You grant us a worldwide, transferable, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, cache, store, process, adapt, modify, create derivative works of, publish, transmit, display, and distribute (in any and all media or distribution methods, now known or later developed) any Content you upload, submit, or otherwise contribute to the Footcircles Service. You understand that your Content may be used by our partners or us and that you may be subject to liability if you do not have adequate rights to authorize the foregoing license to your Content. You agree that the foregoing license includes the right for Footcircles to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Without limiting the scope of the Content license in this Section 3, we may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
The Content you contribute to the Footcircles Service can be viewed by other users of the Footcircles Service and possibly through third-party websites and services, so you should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for any Content you contribute, whether publicly posted or privately transmitted.
We may or may not monitor or control the Content contributed to the Footcircles Service and we disclaim responsibility for such Content. We reserve the right at all times (but will not have an obligation) to remove or refuse to accept or distribute any Content on the Footcircles Service.
4. Restrictions & Ownership
We invite you to use the Footcircles Service provided that your use is subject to and must comply with these Terms. You are not authorized to reproduce, modify, create derivative works, distribute, sell, market, publicly display, publicly perform, transmit, or otherwise use the Footcircles Service or any Content that is not your own except as necessary to enable you to enjoy the Footcircles Service as provided by Footcircles.com. Without limiting the generality of the foregoing, you agree not to (and to not allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Footcircles Service for any purpose without the express written consent of Footcircles; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with the Footcircles Service; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Footcircles Service.
The Footcircles Service and its Content are protected by copyright, trademark, patent, trade secret, and other laws, and Footcircles or its licensors own all rights, title, and interest in and to the Footcircles Service and Content (except your Content) and all intellectual property rights therein.
5. Copyrights and Intellectual Property Policy
We respect copyright law and expect our users to do the same. The copyrights and other intellectual property rights of creators and owners of any Content are important to Footcircles. If you become aware of misuse of the Footcircles Service by any person, please contact email@example.com to report any abuse. If you receive a notice of infringement under the Digital Millennium Copyright Act for any content that is transmitted to us as part of the Footcircles Service, you will immediately provide notice to us so that we can take appropriate action.
We do our best to keep the Footcircles Service safe, but we cannot guarantee it. We need your help to do that. You agree not to do any of the following while using the Footcircles Service:
- Use the Footcircles Service beyond the scope of these Terms;
- Post, publish, submit, link to, or transmit any text, graphics, or other material, whether as Content, Feedback, or otherwise, that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights and rights of privacy and publicity; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of Footcircles, Footcircles's computer systems, or the technical delivery systems of Footcircles's providers;
- Attempt to probe, scan, or test the vulnerability of any Footcircles system, network, or software or breach any Footcircles security or authentication measures;
- Access or search or attempt to access or search the Footcircles Service by any means (automated or otherwise) including but not limited to any engine, software, tool, agent, device or mechanism, except through the currently available published interfaces that are provided by Footcircles (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Footcircles;
- Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services via the Footcircles Service;
- Engage in any unlawful multi-level marketing, such as a pyramid scheme, on the Footcircles Service;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Footcircles Service;
- Interfere with, or attempt to interfere with, the access of any member or other user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Footcircles Service;
- Impersonate or misrepresent your affiliation with any person or entity;
- Launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Footcircles Service in a manner that sends more request messages to the Footcircles servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, including but not limited to using scripts to connect with other members or send comments or messages to other members;
- Use sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to your profile;
- Solicit login information or access an account belonging to someone else;
- Collect or harvest any personally identifiable information, including account names, from the Footcircles Service; or
- Use the Footcircles Service, or the communication systems provided by the Footcircles Service, to display any commercial advertisement that is not authorized in writing by Footcircles, promote or engage in commercial transactions through the Footcircles Service, or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Footcircles Service.
7. Third Party Websites, Third Party Content, & Advertising
Footcircles may contain links or references to third-party websites or resources (including but not limited to links provided by other users of Footcircles), as well as Content and other information belonging to or originating from third parties (including but not limited to other users of Footcircles) (collectively, the Third-Party Sites, Resources, and Content). You understand that by using Footcircles, you may be exposed to Third-Party Sites, Resources, and Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. You acknowledge and agree that Footcircles is not responsible or liable, and Footcircles disclaims any liability, for: (i) the availability or accuracy of the Third-Party Sites, Resources, and Content; or (ii) the content, products, or services on or available from the Third-Party Sites, Resources, and Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Sites, Resources, and Content or endorse any opinions expressed via Footcircles. You acknowledge sole responsibility for and assume all risk arising from your visits to or use of any Third-Party Sites, Resources, and Content.
Footcircles may include advertisements, which may be targeted to the Content provided by you or others through Footcircles, for example in your posts or queries. The types and extent of advertising provided through Footcircles are subject to change. In consideration for Footcircles granting you use of Footcircles, you agree that Footcircles and its third-party providers and partners may place such advertising Footcircles or in connection with the display of Content or information from Footcircles whether submitted by you or others.
9. Fees and Payment
Some of the Services require payment of fees. All fees are stated in Canadian dollars. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. You represent to Footcircles that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “AS IS” with no warranties of any kind. Footcircles may modify and/or eliminate such fee-based Services at its discretion.
Footcircles may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
You agree to indemnify, hold harmless and defend Footcircles (if Footcircles so elects), Footcircles 's other users, and Footcircles's officers, directors, employees, successors, agents, partners, and third-party service providers, at your expense, from all third-party claims, and all related damages, losses, liabilities, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of (i) your breach of these Terms, (ii) your use of the Footcircles Service, (iii) your Content, or (iv) your violations of applicable laws, rules or regulations in connection with the Footcircles Service. Footcircles will provide you with written notice of any such claim. Footcircles reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and, if Footcircles exercises such right, you agree to cooperate with Footcircles as reasonably required in the defense of such claim.
11. Warranties and Disclaimer
You represent and warrant that (i) you have rights necessary to grant to Footcircles the rights to use your Content, as contemplated under these Terms, (ii) the submission and use of your Content on or through the Footcircles Service as contemplated herein does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity, (iii) you will comply with all laws and regulations, and (iv) you will comply with all guidelines or other terms Footcircles makes available to you (via the Footcircles Service or otherwise) related to your use of the Footcircles Service. You agree to pay for all royalties, fees, and any other monies owing to any person or entity that arise as a result of any Content posted by you on or through the Footcircles Service.
THE FOOTCIRCLES SERVICE, FOOTCIRCLES SOFTWARE, AND CONTENT YOU ACCESS THROUGH THE FOOTCIRCLES SERVICE IS PROVIDED BY FOOTCIRCLES AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FOOTCIRCLES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE FOOTCIRCLES SERVICE, FOOTCIRCLES SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE FOOTCIRCLES SERVICE, AND FOOTCIRCLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO THOSE THAT COULD BE CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
FOOTCIRCLES DOES NOT WARRANT THAT THE FOOTCIRCLES SERVICE, FOOTCIRCLES SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE FOOTCIRCLES SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS OR THAT THE OPERATION OF THE FOOTCIRCLES SERVICE OR FOOTCIRCLES SOFTWARE WILL BE AVAILABLE OR UNINTERRUPTED. FOOTCIRCLES DOES NOT REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, OR THAT THE FOOTCIRCLES SERVICE, FOOTCIRCLES SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE FOOTCIRCLES SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOOTCIRCLES MAKES NO WARRANTY REGARDING THE QUALITY OF THE FOOTCIRCLES SERVICE, FOOTCIRCLES SOFTWARE, OR CONTENT YOU ACCESS THROUGH THE FOOTCIRCLES SERVICE OR THE TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE FOOTCIRCLES SERVICE OR ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE FOOTCIRCLES SERVICE. FOOTCIRCLES DOES NOT GUARANTEE THE FOOTCIRCLES SERVICE AND FOOTCIRCLES SOFTWARE WILL BE OPERABLE AT ALL TIMES OR ANY TIME. WITHOUT LIMITING THE EFFECT OF THIS SECTION 11, YOU AGREE THAT FOOTCIRCLES WILL HAVE NO LIABILITY FOR UNAVAILABILITY (1) CAUSED BY OUTAGES TO ANY PUBLIC INTERNET BACKBONES, NETWORKS OR SERVERS, (2) CAUSED BY ANY FAILURES OF YOUR EQUIPMENT, SYSTEMS OR LOCAL ACCESS SERVICES, (3) FOR MAINTENANCE OR (4) RELATING TO EVENTS BEYOND FOOTCIRCLES'S CONTROL SUCH AS STRIKES, RIOTS, INSURRECTION, FIRES, FLOODS, EXPLOSIONS, WAR, GOVERNMENTAL ACTION, LABOR CONDITIONS, EARTHQUAKES, NATURAL DISASTERS, OR INTERRUPTIONS IN INTERNET SERVICES TO AN AREA WHERE FOOTCIRCLES'S SERVERS ARE LOCATED OR CO-LOCATED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOOTCIRCLES OR THROUGH THE FOOTCIRCLES SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE FOOTCIRCLES SERVICE AND FOOTCIRCLES SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
12. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE FOOTCIRCLES SERVICE AND FOOTCIRCLES SOFTWARE REMAINS WITH YOU. FOOTCIRCLES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE FOOTCIRCLES SERVICE, FOOTCIRCLES SOFTWARE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FOOTCIRCLES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY OF YOUR CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED THROUGH THE FOOTCIRCLES SERVICE.
IN NO EVENT WILL FOOTCIRCLES'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE FOOTCIRCLES SERVICE OR FOOTCIRCLES SOFTWARE EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE FOOTCIRCLES SERVICE AND FOOTCIRCLES SOFTWARE AND ONE HUNDRED DOLLARS ($100) CDN.
THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOOTCIRCLES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may terminate your account and discontinue your use of the Footcircles Service at any time. These Terms will be deemed terminated fifteen (15) days following the termination of your account and discontinuation of your use of the Footcircles Service. We may, in our sole discretion, at any time and for any reason, terminate or cease providing the Footcircles Service or any portions thereof, terminate these Terms, or suspend or terminate your account. These Terms will terminate automatically upon your material breach of any provision. Upon any termination of these Terms or the Footcircles Service, your authorization to use the Footcircles Service will terminate immediately and you will discontinue all use of the Footcircles Service. Upon termination or expiration of these Terms for any reason, Sections 3, 4 (except your right to use the Service), 6, 7, 8, 9, 10, 11, 12, 13, 15, and 16 will survive.
14. Modification to Terms of Footcircles Service and Other Policies
In efforts to improve the Footcircles Service, the Footcircles Service may be modified by us at any time without prior notice to you. You agree and understand that the Footcircles Service, as modified, will be subject to these Terms. We may change, suspend or discontinue providing the Footcircles Service or any of their features or content to you or to users generally for any or no reason, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Footcircles Service at our sole discretion at any time without liability or prior notice to you.
If you do not agree with our modifications to these Terms, you agree that your only recourse is to decline such terms and stop using the Footcircles Service.
We invite you at any time to provide your feedback, comments, and suggestions for improvements to the Footcircles Service or the Footcircles Software (the Feedback). Any feedback you may provide regarding Footcircles or the Footcircles Service is entirely voluntary. You agree that Footcircles will own all Feedback, and you hereby assign and agree to assign to Footcircles all right, title, and interest in and to your Feedback and all intellectual property rights associated therewith. In addition, you hereby waive any moral rights you have to your Feedback. You are free to submit your feedback here.
These Terms are the complete and exclusive statement of the agreement between Footcircles and you regarding the Footcircles Service and Footcircles Software, and these Terms supersede and replace any prior agreements, representations and communications (both written and oral) between Footcircles and you regarding the Footcircles Service; provided that, if you enter into a separate written agreement with Footcircles, such written agreement will supersede these Terms to the extent there is a conflict. You may not assign or transfer these Terms or licenses herein to any other person or entity. Footcircles reserves the right to assign these Terms to any other entity.
The failure of Footcircles to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. The rights under these Terms may only be waived by a written document executed by both parties.
These Terms will be governed by the laws of the Province of Ontario, Canada without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the provincial and federal courts located in St. Catharines, Ontario, and the parties consent to personal jurisdiction therein and waive any objection to jurisdiction and venue in such courts.
The Footcircles Service is provided by Footcircles, Inc., 16 Heritage Court, St. Catharines, Ontario, Canada, L2S 3H9. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.