Last Updated on May 24, 2018
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.
Please read this Agreement carefully before accessing or using the Website. By providing your e-mail address, you acknowledge you have read the Terms and agree to be bound by the Terms and this Agreement. If you do not agree to all the Terms, then you may not access the Website or use any Services. If these Terms are considered an offer by CircusTalk, acceptance is expressly limited to these Terms. You may not access or use the Website if you are our competitor, or if we have previously banned you from the Website or closed your Account.
CircusTalk is a dedicated, community-driven social marketplace with the power to connect performers in circus and variety entertainment with both domestic and international event organizers, producers, presenters and booking agents. CircusTalk provides online services intended to assist circus professionals in creating and viewing profiles online to assist in the meeting of business professionals and in finding job opportunities through posted job listings ("Services"). Users of the Services provide the information necessary for accomplishing these connections. All Content and Services are exchanged electronically, via the Internet. You are responsible for maintaining your own access to the Internet. CircusTalk is a privately owned and operated service and does not represent or speak for any governmental office or authority.
"You" and "your" refer to you, as a user of the Website. A "user" is someone who accesses, browses or in any way uses the Website. "We", "us", and "our" refer to CircusTalk.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Website, such as profile information, ratings, reviews, compliments, invitations, check-ins, messages, job listings and information that you publicly display or display in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Website. "CircusTalk.com Content" means Content that we create and make available in connection with the Website. "Third Party Content" means Content that originates from parties other than CircusTalk.com or its users, which is made available in connection with the Website. "Website Content" means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and CircusTalk.com Content.
CircusTalk has not reviewed, and cannot review, all of the Content posted to the Website, and cannot therefore be responsible for that Contents' use or effects. By operating the Website, CircusTalk does not represent or imply that it endorses the Content there posted, or that it believes such Content to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain Content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional Terms and conditions, stated or unstated. CircusTalk disclaims any responsibility for any harm resulting from the use of the Website by users, or from any downloading by those users, of Content there posted. CircusTalk has the right to remove any user that posts/uploads offensive, indecent, or otherwise objectionable content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CircusTalk be liable in any way for any Content, 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 posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We have not reviewed, and cannot review, all of the Content made available through the websites and webpages to which the Website links, and that link to the Website. CircusTalk does not have any control over those non-CircusTalk.com websites and webpages, and is not responsible for their contents or their use. To the extent such links are provided by us, they are provided only as a convenience, and such link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. CircusTalk disclaims any responsibility for any harm resulting from your use of non- CircusTalk.com websites and webpages.
As CircusTalk asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that Content located on or linked to by the Website violates your copyright, you are encouraged to notify CircusTalk in accordance with CircusTalk's Digital Millennium Copyright Act ("DMCA") Policy. CircusTalk will respond to all such notices, including as required or appropriate by removing the infringing Content or disabling all links to the infringing Content. CircusTalk will terminate a user's access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of CircusTalk or others. In the case of such termination, CircusTalk will have no obligation to provide a refund of any amounts previously paid to CircusTalk.
This Agreement does not transfer from CircusTalk to you any CircusTalk or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Circus Talk. CircusTalk, CircusTalk.com, CircusTalk.News, the CircusTalk logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of CircusTalk or CircusTalk's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CircusTalk or third-party trademarks.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CIRCUSTALK TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
CircusTalk and its licensees may publicly display advertisements and other information adjacent to or included with Your Content and you agree to such display of advertisements and information. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Users are not allowed to show third party ads on their profile.
CircusTalk reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement on our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CircusTalk may also, in the future, offer additional services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms and the Agreement.
CircusTalk may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Account, you may simply discontinue using the Website.
You agree to indemnify, defend, and hold CircusTalk, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "CircusTalk Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (1) your access to or use of the Website, (2) your violation of the Terms, (3) any products or services purchased or obtained by you in connection with the Website, or (4) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. CircusTalk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CircusTalk. CircusTalk will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
By sending us any ideas, suggestions, documents or proposals ("feedback"), you agree that (1) your feedback does not contain the confidential or proprietary information of third parties, (2) CircusTalk is under no obligation of confidentiality, express or implied, with respect to the feedback, (3) CircusTalk may have something similar to the feedback already under consideration or in development, and (4) you grant CircusTalk an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with CircusTalk, and any inconsistencies among the different versions will be resolved in favor of the English version.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability due to server failure or for maintenance or any other purpose.
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree that CircusTalk may store your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. CircusTalk does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services. We do not guarantee results so there is no refund for lack of usage or dissatisfaction. You also acknowledge that CircusTalk's Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Additionally, if you require a printed invoice for your transaction with us, you may access it through your CircusTalk account settings under "Purchase History" or you may request one by contacting our Customer Support.
CircusTalk is under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Website to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Please report content, including comments, pictures, videos and reviews, that may contain offensive topics, such as:
We have a strict policy against all forms nudity or pornography in any form of media.
We do not tolerate abusive behavior directed at groups or individuals.
Sharing any content that depicts cruelty to animals or people is prohibited on our website.
We do not allow individuals or groups to attack others based on their race, ethnicity, sexual orientation, gender or disability.
We have a policy against content that promotes self-mutilation, eating disorders or drug abuse.
We prohibit users to attempt to compromise the privacy and security of other users.
We respect the copyrights, trademarks and other legal rights of individuals and groups. Before sharing content, please make sure that you have the right to do so.
We remove content that may pose the risk of physical or financial harm or a direct threat to individual or public safety.
If you suspect that a reference, address or contact information is incorrect, please let us know.
This Agreement constitutes the entire agreement between CircusTalk and you concerning the subject matter hereof, and the Terms may only be modified by a written amendment signed by an authorized executive of CircusTalk, or by the posting by CircusTalk of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of New York, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York City. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York City in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms and conditions; CircusTalk may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If we make a change to these Terms that, in our sole discretion, is material, we will notify you via a CircusTalk update or direct email to the email address associated with your account.