Terms & Conditions of Use
1. Acceptance of Terms.
2. Use and Restrictions.
The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites and Apps are proprietary to Circuelle Foundation or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Circuelle Foundation, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Circuelle Foundation or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Circuelle Foundation.
The Circuelle Foundation,Circuelle Foundation LOGO Design, and Circuelle Foundation taglines are protected by registred U.S. Patent and Trademark Office, and in various other jurisdictions around the world.
5. Your Account
In order to purchase products or services through the use of the Sites, you must establish an account with Circuelle Foundation. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
6. Terms of Sale
You consent to receive electronic communications from Circuelle Foundation either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.
7. Electronic Communications
You consent to receive electronic communications from Circuelle Foundation either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You further agree that you will not upload, post or otherwise make available on the Sites and Apps any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to Circuelle Foundation set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites and Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:
use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by Circuelle Foundation; use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; take any action that imposes or may impose (in Circuelle Foundation's sole discretion) an unreasonably or disproportionately large load on Circuelle Foundation’s infrastructure; attempt to gain unauthorized access to Circuelle Foundation computer network or user accounts; encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; attempt to damage, disable, overburden, or impair Circuelle Foundation servers or networks; fail to comply with applicable third party terms; Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Use racially, ethnically, or otherwise offensive language; Discuss or incite illegal activity; Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); Post anything that exploits children or minors or that depicts cruelty to animals; Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark; Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian); Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; Use any robot, spider, scraper or other automated means to access the Sites or Apps; and Alter the opinions, goals, profiles or comments posted by others on the Sites and Apps. This list of prohibitions provides examples and is not complete or exclusive. Circuelle Foundation reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Circuelle Foundation determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites and/or services. Circuelle Foundation may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Circuelle Foundation's discretion, Circuelle Foundation will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.
Circuelle Foundation takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Circuelle Foundation is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Circuelle Foundation to monitor, police or remove any Submissions or other information submitted by you or any other user.
If you submit any feedback or ideas about our products and services to the Sites, you hereby assign and agree to assign to Circuelle Foundation all right, title and interest in and to such feedback.
Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Circuelle Foundation reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.
You agree to defend, indemnify and hold harmless Circuelle Foundation, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Site and Apps, and your Submissions and any Personal Rights contained therein.
12. Links to Third Party Websites
The Site and Apps may contain links to websites and other resources operated by third parties other than Circuelle Foundation. Such links are provided solely as a convenience to you. Circuelle Foundation does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site and Apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Warranties and Disclaimer
IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. Circuelle Foundation THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, Circuelle Foundation RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, Circuelle Foundation MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, Circuelle Foundation WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.
14. Limitation of Liability
Circuelle Foundation AND ITS PARENT, AFFILIATES, SUBSIDIARIES (INCLUDING IVIVVA United States of America INC.), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
15. Copyright and Trademark Infringements
Circuelle Foundation respects the intellectual property rights of others, and we ask you to do the same. Circuelle Foundation may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide Circuelle Foundation's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit Circuelle Foundation to locate the material.
Information reasonably sufficient to permit Circuelle Foundation to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Circuelle Foundation's agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:
Attention: Brand Protection
1680 Fruitville Road, Suite 403
Sarasota, Florida 34236
United States of America
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
16. Governing Law
18. Gift Cards Terms and Conditions
Compliance with Laws
By purchasing a gift card ("Gift Card") offered by Circuelle Foundation, you are certifying and representing to Circuelle Foundation that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, the Cashstar eGift Card terms and conditions (collectively the "Gift Card Terms and Conditions"), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify Circuelle Foundation and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release Circuelle Foundation from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.
Gift Cards are only redeemable for purchases at Circuelle Foundation online at www.Circuelle Foundation.org. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by Circuelle Foundation.
Returns All returns for purchases made with a Circuelle Foundation Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. For Singapore guests, Circuelle Foundation does not require the approval of the Monetary Authority of Singapore. Guests are advised to read the Gift Card Terms and Conditions carefully.
Risk of Loss
The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.
Circuelle Foundation will have the right to close guest accounts and request alternative forms of payment if Circuelle Foundation believes such Gift Card has been fraudulently obtained.
Not for promotional use
Circuelle Foundation Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)
No affiliation with Circuelle Foundation
Use of Circuelle Foundation's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Circuelle Foundation Gift Cards is strictly prohibited. Furthermore, the use of Circuelle Foundation Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Circuelle Foundation or any of its subsidiaries or affiliates is prohibited.
Limitation of Liability
Circuelle Foundation MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the State of Florida and the federal laws of United States of America and you consent to exclusive jurisdiction and venue in such courts.
When you purchase, receive or redeem a Circuelle Foundation Gift Card, you agree that the laws of the province of British Columbia and the federal laws of United States of America, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. Circuelle Foundation reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.
20. Questions or Concerns
1680 Fruitville Road, Suite 403
Sarasota, Florida 34236