Last Updated: September 28, 2012
The Basics, Including the Nature of the Agreement
Our company is Circa 1605, Inc. In these terms of service we will refer to our company as "Circa," "we," or "us."
These are the terms by which you may download and use our App and use our service. Please take them seriously. You are authorized to use our App and our service only if you agree that these terms bind you, and your use of the App or service constitutes your acceptance of this agreement.
We have posted our privacy policy elsewhere. You can find it at http://cir.ca/privacy
We also have a copyright policy, including instructions for notifying us if you believe that there is copyright-infringing material or activity on, or available through, our service. You can find it at http://cir.ca/copyright. Please notice that we have a policy of terminating account holders or subscribers who repeatedly infringe upon copyrights.
Who May Use Our App and Service You may use our App and service only if you are 13 years or older. You may use our App and service only for your personal, non-commercial use. You agree that you shall not use our App or service for any purpose to compete with, or to contemplate or take actions adverse to, us. You may not use the App or service, and you agree not to use them, if we have given you notice (by email to the last email address you furnished us) that we have terminated your privilege of using them.
Your Responsibility for Your Account You agree to provide us your real name and valid email address in connection with your registration for our service. You agree that you won't disclose your account password to anyone and you'll notify us immediately of any unauthorized use of your account. You agree that you're responsible for all activities that occur through your account, whether or not you know about them.
You agree to behave lawfully in all respects in connection with your possession of the App and use of our services. You also agree to take no action that alters or impairs our technology or service or that harms or detracts from the community of users of our App or service. You agree that we have the right to take any action (including termination of the license to our App or the privilege of access to our service) against persons whose actions, in our sole opinion, detract from the service or the community of persons using the service.
Your Contributions to Our Service You agree that we have a right to use any content or information that you contribute to our service in any way as we see fit. You specifically grant us an irrevocable, perpetual, royalty-free license to do the following throughout the world: (a) to exercise all copyright rights with respect to your contributions, including republishing them; (b) to attribute your contributions to you publicly, including in advertising or promotion; and (c) to sublicense others to do the same things you have licensed us to do.
You also agree that we have no obligation to accept, maintain, or preserve any of your contributions to our service. We do not provide a storage or archive service for user-contributed content.
Links to Third Party Websites or Resources Our App and service contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You agree to accept sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
Specific Terms for App Subject to agreement to, and your compliance with, these terms, we grant you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. We reserve all rights in and to the App not expressly granted to you under these terms.
You agree that you shall not own any rights in the App but merely have a license to possess and use the App in conformity with these terms. You promise that you shall not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App or any copy of the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
Warranty Disclaimers The APP AND Service (AND THE related CONTENT OR INFORMATION) are provided "AS IS," without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content or information.
Limitation of Liability NEITHER WE NOR ANY OTHER party involved in creating, producing, or delivering the APP, services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE GOODS OR SERVICES arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the APP, ServiceS 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 HERE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event will OUR total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the APP, ServiceS or content EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE APP, SERVICES OR content OR A TOTAL OF TEN DOLLARS ($10), WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
Changes to Terms or Services
We may modify these terms or our service at any time. If we do so, we'll publicize the change either by posting an announcement on our website or through other communications. Because our technology and service will evolve over time and the environment may change, we may change or discontinue all or any part of our technologies or service, at any time and without notice, at our sole discretion.
Governing Law and Exclusive Jurisdiction
You agree that California law (without regard to its conflict of laws provisions) shall govern these terms, your possession and use of our App and service, and any dispute that may arise between you and us. You also agree that all disputes arising from these terms, the App, our service, or our relationship shall be adjudicated exclusively by federal or state courts located in San Francisco, California.