DaytonCircus.org Web Site Use Policy

The Circus Web Site Use Policy can be roughly summed up in a simple sentence: Cause no intentional offense, and take no offense when none was intended.

Do not post content on here that is tasteless, pornographic, or offensive. If you do, the content will be removed, your account will be suspended, your IP address will be tracked and blocked, and your birthday will be taken away.

If you’re unsure if something is offensive, forward it on to the moderators at daytoncircus@gmail.com. We’ll run it past the group at the next general meeting (we’re not making that decision ourselves – Are you crazy?)

“Oh! But I’m an artiste, and I feel so constrained by your shackles of Puritan Facism!” Yeah, well, the last thing we need right now is a lawsuit.

Having said that, for everyone browsing this site, use your common sense. This is a web site founded by, maintained by, and used by a community of artists, creatives, weirdoes, flakes, and free thinkers. If you are under 18 or are offended by various forms of artistic expression (i.e. if you consider a picture that shows a human female nipple to be “porn”) our website is NOT for you.

As Arthur O'Shaughnessy wrote, "We are the music makers, and we are the dreamers of the dreams." Let’s face it… we have no way to predict what these guys are going to post on our site, which makes things so much more fun.

However, if you do find something on this site offensive, hit the "Report Inappropriate Content" link at the bottom any page to message us - be sure to include all relevant information to help us discern which post you found offensive. We’ll have a look, make a decision, and let you know.

Now brace yourself. Here comes the legalese…

DaytonCircus.org is a the official website for The Circus Arts Collective located in Dayton, OH. The services offered by DaytonCircus.org ("DaytonCircus.org" or "we") include the DaytonCircus.org website (the "The Circus Website"), the DaytonCircus.org Internet messaging service, and any other features, content, or applications offered from time to time by DaytonCircus.org in connection with the The Circus Website (collectively, the "The Circus Services"). The Circus Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the The Circus Services. By using the The Circus Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the The Circus Website) or you are a "Member" (which means that you have registered with DaytonCircus.org). The term "User" refers to a Visitor or a Member. You are only authorized to use the The Circus Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the The Circus Website and discontinue use of the The Circus Services immediately. If you wish to become a Member, communicate with other Members and make use of the The Circus Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes DaytonCircus.org's policy for acceptable use of the The Circus Services and Content posted on the The Circus Website, your rights, obligations and restrictions regarding your use of the The Circus Services and DaytonCircus.org's Privacy Policy. In order to participate in certain The Circus Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the The Circus Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: daytoncircus@gmail.com, Subject: Terms of Use Agreement.

DaytonCircus.org may modify this Agreement from time to time and such modification shall be effective upon posting by DaytonCircus.org on the The Circus Website. You agree to be bound to any changes to this Agreement when you use the The Circus Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on DaytonCircus.org and that you provide to other Users. Your DaytonCircus.org profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other DaytonCircus.org Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and DaytonCircus.org assumes no responsibility or liability for this material. If you become aware of misuse of the The Circus Services by any person, please contact daytoncircus@gmail.com or click on the "Report Inappropriate Content" link at the bottom of any DaytonCircus.org page.

DaytonCircus.org reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the The Circus Services at any time, for any or no reason, with or without prior notice, and without liability.

1.Eligibility. Use of and Membership in the The Circus Services is void where prohibited. By using the The Circus Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the The Circus Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

2.Term. This Agreement shall remain in full force and effect while you use the The Circus Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. DaytonCircus.org may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3.Fees. You acknowledge that DaytonCircus.org reserves the right to charge for the The Circus Services and to change its fees from time to time in its discretion. If DaytonCircus.org terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4.Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify DaytonCircus.org immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5.Non-commercial Use by Members. The The Circus Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by DaytonCircus.org. Illegal and/or unauthorized use of the The Circus Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the The Circus Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the The Circus Services.

6.Proprietary Rights in Content on DaytonCircus.org.
1.DaytonCircus.org does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the The Circus Services. After posting your Content to the The Circus Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the The Circus Services, you hereby grant to DaytonCircus.org a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the The Circus Services.
Without this license, DaytonCircus.org would be unable to provide the The Circus Services. For example, without the right to modify Member Content, DaytonCircus.org would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, DaytonCircus.org could not allow Users to listen to music posted by Members. The license you grant to DaytonCircus.org is non-exclusive (meaning you are free to license your Content to anyone else in addition to DaytonCircus.org), fully-paid and royalty-free (meaning that DaytonCircus.org is not required to pay you for the use on the The Circus Services of the Content that you post), sublicensable (so that DaytonCircus.org is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the The Circus Services), and worldwide (because the Internet and the The Circus Services are global in reach). This license will terminate at the time you remove your Content from the The Circus Services. The license does not grant DaytonCircus.org the right to sell your Content, nor does the license grant DaytonCircus.org the right to distribute your Content outside of the The Circus Services.
2.You represent and warrant that: (i) you own the Content posted by you on or through the The Circus Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the The Circus Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the The Circus Services.
3.The The Circus Services contain Content of DaytonCircus.org ("DaytonCircus.org Content"). DaytonCircus.org Content is protected by copyright, trademark, patent, trade secret and other laws, and DaytonCircus.org owns and retains all rights in the DaytonCircus.org Content and the The Circus Services. DaytonCircus.org hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the DaytonCircus.org Content (excluding any software code) solely for your personal use in connection with viewing the The Circus Website and using the The Circus Services.
4.The The Circus Services contain Content of Users and other DaytonCircus.org licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the The Circus Services.

7.Content Posted.
1.DaytonCircus.org may delete any Content that in the sole judgment of DaytonCircus.org violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. DaytonCircus.org assumes no responsibility for monitoring the The Circus Services for inappropriate Content or conduct. If at any time DaytonCircus.org chooses, in its sole discretion, to monitor the The Circus Services, DaytonCircus.org nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2.You are solely responsible for the Content that you post on or through any of the The Circus Services, and any material or information that you transmit to other Members and for your interactions with other Users. DaytonCircus.org does not endorse and has no control over the Content. Content is not necessarily reviewed by DaytonCircus.org prior to posting and does not necessarily reflect the opinions or policies of DaytonCircus.org. DaytonCircus.org makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

8.Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the The Circus Services. DaytonCircus.org reserves the right to investigate and take appropriate legal action against anyone who, in DaytonCircus.org's sole discretion, violates this provision, including without limitation, removing the offending communication from the The Circus Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of DaytonCircus.org:
1.is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2.harasses or advocates harassment of another person;
3.exploits people in a sexual or violent manner;
4.contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5.solicits personal information from anyone under 18;
6.provides any telephone numbers, street addresses, last names, URLs or email addresses;
7.promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10.contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11.furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12.solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13.involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14.includes a photograph of another person that you have posted without that person's consent; or
15.for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the The Circus Website and through your use of the The Circus Services. DaytonCircus.org reserves the right to investigate and take appropriate legal action against anyone who, in DaytonCircus.org's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
16.criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17.advertising to, or solicitation of, any Member to buy or sell any products or services through the The Circus Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the The Circus Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, DaytonCircus.org reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which DaytonCircus.org deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the The Circus Services, you acknowledge that you will have caused substantial harm to DaytonCircus.org, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DaytonCircus.org $50 for each such unsolicited email or other unsolicited communication you send through the The Circus Services;
18.covering or obscuring the banner advertisements on your personal profile page, or any DaytonCircus.org page via HTML/CSS or any other means;
19.any automated use of the system, such as using scripts to add friends or send comments or messages;
20.interfering with, disrupting, or creating an undue burden on the The Circus Services or the networks or services connected to the The Circus Services;
21.attempting to impersonate another Member or person;
22.for band profiles, copying the code for your The Circus Player and embedding it into other profiles or asking other Members to embed it into their profiles;
23.using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24.selling or otherwise transferring your profile;
25.using any information obtained from the The Circus Services in order to harass, abuse, or harm another person;
26.displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the The Circus Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
27.using the The Circus Services in a manner inconsistent with any and all applicable laws and regulations.

9.Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of DaytonCircus.org to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to DaytonCircus.org by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the The Circus Services in a way that constitutes copyright infringement, please provide our 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 The Circus Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DaytonCircus.org's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, The Circus, Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 969-7394; Attn: Copyright Agent; and email: copyrightagent@DaytonCircus.org.

10. Member Disputes. You are solely responsible for your interactions with other DaytonCircus.org Members. DaytonCircus.org reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. Privacy. Use of the The Circus Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. DaytonCircus.org is not responsible for any incorrect or inaccurate Content posted on the The Circus Website or in connection with the The Circus Services, whether caused by Users of the The Circus Services or by any of the equipment or programming associated with or utilized in the The Circus Services. Profiles created and posted by Members on the The Circus Website may contain links to other websites. DaytonCircus.org is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by DaytonCircus.org. Inclusion of any linked website on the The Circus Services does not imply approval or endorsement of the linked website by DaytonCircus.org. When you access these third-party sites, you do so at your own risk. DaytonCircus.org takes no responsibility for third party advertisements which are posted on this The Circus Website or through the The Circus Services, nor does it take any responsibility for the goods or services provided by its advertisers. DaytonCircus.org is not responsible for the conduct, whether online or offline, of any User of the The Circus Services. DaytonCircus.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. DaytonCircus.org is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the The Circus Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the The Circus Services. Under no circumstances shall DaytonCircus.org be responsible for any loss or damage, including personal injury or death, resulting from use of the The Circus Services, attendance at a DaytonCircus.org event, from any Content posted on or through the The Circus Services, or from the conduct of any Users of the The Circus Services, whether online or offline. The The Circus Services are provided "AS-IS" and as available and DaytonCircus.org expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DaytonCircus.org cannot guarantee and does not promise any specific results from use of the The Circus Services.

13. Limitation on Liability. IN NO EVENT SHALL DAYTONCIRCUS.ORG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DAYTONCIRCUS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DAYTONCIRCUS.ORG'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DAYTONCIRCUS.ORG FOR THE THE CIRCUS SERVICES DURING THE TERM OF MEMBERSHIP.

14.U.S. Export Controls. Software available in connection with the The Circus Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the The Circus Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15.Disputes. If there is any dispute about or involving the The Circus Services, you agree that the dispute shall be governed by the laws of the State of Ohio, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Ohio, City of Dayton. Either DaytonCircus.org or you may demand that any dispute between DaytonCircus.org and you about or involving the The Circus Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent DaytonCircus.org from seeking injunctive relief in a court of competent jurisdiction.

16.Indemnity. You agree to indemnify and hold DaytonCircus.org, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the The Circus Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the The Circus Website or through the The Circus Services causes DaytonCircus.org to be liable to another.

17.Other. This Agreement is accepted upon your use of the The Circus Website or any of the The Circus Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and DaytonCircus.org regarding the use of the The Circus Services. The failure of DaytonCircus.org to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. DaytonCircus.org is a trademark of The Circus, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at daytoncircus@gmail.com with any questions regarding this Agreement.


Powered by Drupal - Modified by Danger4k