Welcome to the Circuit One website (“Website”). Circuit One, LLC (“CO”) makes the Website available for your use subject to the terms and conditions of use set forth below (“Terms”), as may be amended from time to time by CO.
1. INELLECTUAL PROPERTY
The Website is for informational and entertainment purposes only. You may print material from the Website for personal, non-commercial or informational use only and provided all copyright, trademark and other proprietary notices are left intact. Any reproduction, modification, copying, distribution or republication of the Website software, design, text, images, music files, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and “look and feel” and arrangement of items (collectively, “Content”), for any purpose without the express written consent of CO (or its owner if CO is not the owner) is prohibited. This prohibition includes, without limitation, the reposting of RSS feeds of the Website or any portion thereof on other websites for any purpose whatsoever.
All Content is the property of CO, its affiliates, licensors, artists, labels, clients, advertisers, sponsors, or suppliers and is legally protected, without limitation, under the United States federal and state laws, as well as applicable foreign laws, regulations and treaties. CO may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.
All rights in the, company names, trade names, logos and designs of CO or third-party products or services, whether or not appearing with or without the trademark symbol, belong exclusively to CO or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. Nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of CO or any third party. Decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Website in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software is prohibited.
We will offer a free electronic newsletter to users. The Circuit One gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters at the time of registration.
2. COPYRIGHT & TRADEMARK NOTICE
The Website is the copyright of CO, all rights reserved. Circuit One is the service mark of CO. Any unauthorized use of the Circuit One mark is strictly prohibited. CO has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website and may be reached at: Red Frog Events, LLC, Attn: General Counsel, 200 Thompson Rd. Thompson CT 06277, 610-703-8757 (tel). If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide a written communication to the Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.
The Website may contain links to other websites (“Links”), over which CO has no control or responsibility for their content. CO provides the Links only as a convenience but their inclusion is not an endorsement by CO in favor of any person or entity offering products or services on the Sites. Other websites may link without prior permission to the Website’s homepage only through a plain-text link. Permission for any other type of link to the Website must be sought in advance by writing to Circuit One, LLC, Attn: General Counsel, 200 Thompson Rd. Thompson CT 06277. Any third party website that links to the Website (i) shall not create a frame, browse or border environment around any of the content of the Website; (ii) may link to, but not replicate, Website content; (iii) shall not state directly or imply that CO is endorsing or sponsoring it or its products or services; (iv) shall not present false information about CO or its products or services; (v) shall not use CO trademarks or service marks without the prior written permission of CO; (vi) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (vii) shall not otherwise violate any copyright interest of CO or any artist, band, label or affiliated party whose information and/or material are available on the Website.
4. USER CONDUCT
If future versions of the Website include chat rooms, forums or other public-posting areas, CO will not and cannot review every posting that may be made in such areas. CO will not endorse or guarantee the accuracy of any posting regardless of the source and will not be responsible for any material posted in such areas. CO shall have the right (but not the obligation) to periodically monitor the Website content to determine compliance with the Terms and to satisfy any law, regulation or authorized government request. CO shall have the right in its sole and absolute discretion to edit, refuse to post or remove any material submitted to or posted on the Website.
By using the Website, you agree not to post any content that libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, constitutes spam (i.e., unsolicited email), infringes on the ability of others to enjoy the Website or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person, impersonates or misrepresents your connection to any other entity or person or otherwise manipulates identifiers to disguise the origin of the content or contains links to other sites that fall within the description set out above. CO reserves the right to delete or edit any content and refuse access to anyone who it believes (in its sole and absolute discretion) has violated the Terms.
If future versions of the Website provide certain areas that require you to register or ask you to provide information to participate in certain features or access certain content, your decision to provide that information is purely optional (with the understanding that if you elect not to provide that information, you may not be able to access such areas). If you elect to provide that information, you agree to provide information that is true and accurate. If you are required to choose a user name and password, it is your responsibility alone to ensure the confidentiality of that information and you agree not to register under the name of any other person. You agree to notify CO of any unauthorized use of your user name and/or password and you must be at least 13 years old to register on the Website.
The Website may, from time to time, contain sweepstakes or other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration or entry are valid and you agree to read and comply with such rules before entering any sweepstakes, contest or promotion on this Website.
6. LIMITATION OF LIABILITY
You agree that use of the Website is provided “as is” and “as available” and that you visit the Website at your sole risk. CO, its members, agents, past and present employees, affiliates, representatives, assigns and successors neither warrant that the Website will be uninterrupted or error free nor that the Website will be free of viruses or other harmful components. You are solely responsible for any damage to your computer system or loss of data that results from any material and/or data downloaded from or otherwise provided through the Website. CO disclaims any warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose for any information, product or service offered on the Website.
CO is not liable for any injury arising from the use of the Website, including, without limitation, liability for consequential, special, incidental, indirect or similar damages, even if it advised in advance of the possibility of such damages. CO is not liable for the defamatory, offensive or illegal conduct of other users or third parties and you agree that the risk of injury from the foregoing rests solely with you. You agree that CO’s liability arising out of any legal claim in any way connected to the Website shall not exceed the amount you paid to CO for the use of the Website.
If merchandise or services offered for sale via the Website are listed at an incorrect price or contain other incorrect information, CO shall have the absolute right to refuse or cancel any order placed for such merchandise or services and is released from liability for the same.
You agree, at all times, to defend, indemnify and hold harmless CO, its members, agents, past and present employees, affiliates, representatives, assigns and successors from and against any and all claims, losses, actions, liabilities, damages, injuries, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of, directly or indirectly, any use you make of the Website or your use of Content and any violation by you of the Terms. You agree not to take any action that interferes with the proper working of the Website, compromises the security of the Website, renders the Website inaccessible to others or otherwise causes damage to the Website or any Content.
8. GOVERNING LAW
This Website originates from and is maintained in the State of Connecticut, United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of Connecticut. You consent to the exclusive jurisdiction of the state and federal courts located in Connecticut in all disputes arising out of or relating to the Terms or use of this Website without regard to conflict of laws or choice of law principles. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. CO makes no representations regarding the legality of access to or use of the Website or the Content from other countries. Access in countries where the Content is illegal is prohibited. Users who access the Website from outside the United States do so at their own risk and are responsible for compliance with any local laws.
9. FORCE MAJEURE
CO shall have no liability by reason of any delay or failure to perform any obligation if the delay or failure to perform is caused by force majeure, including, but not limited to, act of God, extreme weather, fire, casualty, work stoppage, power outage, civil disturbance, riot, war, act of Government, act of public enemy or other cause of nature beyond its control.
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement that shall remain in full force and affect.
11. ENTIRE AGREEMENT