TERMS AND CONDITIONS
CirKiz Terms and Conditions for Use
Welcome to Paradise Fun Factory, Inc., d/b/a “CirKiz ” (“CirKiz ”, “we”, “us”, or “our”). The CirKiz website (“CirKiz .com”) is comprised of various web pages operated by CirKiz . CirKiz digital content, event services (creation, organization, etc.), news circulars regarding our events, and other materials, including the offering of user signups and/or accounts to receive materials from CirKiz . CirKiz .com is a collection of webpages and sub-pages owned, operated and presented by CirKiz for use by You, subject to Your acceptance of our terms, conditions, notices and updates contained herein, which may be modified from time to time, at the sole discretion of CirKiz . These Terms and Conditions for Use include all updates, supplements, additional terms, software licenses, promotional offers, and all of CirKiz ’s rules and policies (collectively referred to as “Terms”).
Please check this page periodically for updates and/or modifications made to these Terms. You acknowledge that Your continued access of CirKiz .com and use of a CirKiz .com account means that You agree to be bound by such changes.
CirKiz reserves the right, but does not assume the responsibility, to monitor or review Your conduct on CirKiz.com. Your use of CirKiz is subject to all applicable local, state, federal and international laws and regulations.
In using CirKiz You agree not to:
Transmit or otherwise make available, through or in connection with CirKiz :
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Any Materials that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent Your affiliation with any person or entity; or express or imply that we endorse any statement You make.
- Use CirKiz .com to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services, or use CirKiz .com in a commercial manner.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or Materials from CirKiz or reproduce or circumvent the navigational structure or presentation of CirKiz .com.
- Engage in any other conduct which, in CirKiz ‘s sole discretion, is considered inappropriate, unauthorized or objectionable.
CirKiz CirKiz CirKiz CirKiz CirKiz CirKiz Links to Third Party Websites/Third Party Services
CirKiz may contain links to other Third Party websites. You acknowledge that these Third Party websites and their services are not under the control of CirKiz , and CirKiz is not responsible for the contents of any Third Party website, including without limitation any link contained in a Third Party Website, or any changes or updates to a Third Party website. You also acknowledge that CirKiz is not responsible for any other form of transmission received from any Third Party website. CirKiz is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by CirKiz of the site, its contents, affiliates, links, or any association with its operators.
CirKiz CirKiz CirKiz CirKiz CirKiz
No Unlawful or Prohibited Use; Security, Cracking and Hacking of CirKiz .com
You may not use CirKiz .com in any manner that could damage, disable, overburden, or impair Paradise Fun Factory Inc., d/b/a CirKiz i, or CirKiz.com, or interfere with any other party’s use and enjoyment of CirKiz.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through CirKiz.com. You shall not violate or attempt to violate the security of CirKiz.com, and/or its content.
Accordingly, You shall not:
- access data or materials not intended for You;
- log into a server or account which You are not authorized to access;
- attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempt to gain unauthorized access to CirKiz , computer systems or networks connected to CirKiz , through password mining or any other means; and/or
- attempt to circumvent a technological measure that effectively controls access to a work protected under the Digital Millennium Copyright Act.
Violations of system or network security may result in civil or criminal liability. CirKiz reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting end users who have participated in such violations.
You agree that it is Your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to Your computer via the CirKi.com and communications from CirKiz .
CirKiz CirKiz No Other License
Except as expressly stated herein, no other rights or licenses are granted hereunder.
Copyright, Trademark and Intellectual Property
The laws of copyright protect the content and intellectual property that is made available by CirKiz through CirKiz.com. Copyrights in the content and intellectual property are held by CirKiz and/or their respective Submission owners (collectively the “Content”). The Content embodies the intellectual property of CirKiz and/or third parties and is protected by law. You agree not to use, modify, copy, edit, reproduce, adapt, distribute, license, package, repackage, share, display, broadcast, rebroadcast, reveal, extract, email, transmit, sell or otherwise transfer or convey, in a manner inconsistent with these Terms, or the rights of the copyright owner without the express consent of CirkKiz and/or the copyright owner.
In the event CirKiz or other rights holders determines You are violating permitted uses of the Content, we reserve the right to suspend or terminate Your ability to use or access any CirKiz or affiliated website.
CirKiz , www.CirKiz.com, and the CirKiz Services are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of CirKiz and may not be used, copied or imitated without prior written permission from CirKiz . The compilation of the Content and the Services is the exclusive property of CirKiz or its licensors, and is protected by U.S. and International copyright law.
NOTICE: All contents of CirKiz are copyright 2014, Paradise Fun Factory, Inc. and/or its affiliates and/or suppliers. All rights reserved. The names of actual companies and products mentioned on CirKiz may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Digital Millennium Copyright Act
CirKiz respects the intellectual property of others. If You believe that Your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of these Terms.
The Service is controlled, operated and administered by CirKiz from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the NYE Content accessed through www. CirKiz .com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless CirKiz, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CirKiz reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CirKiz in asserting any available defenses.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
CIRKIZ .COM AND THE COLLECTION OF PARADISE FUN FACTORY, INC. (D/B/A CIRKIZ ), WEBSITES, WEBPAGES, SUBPAGES AND SERVICES, AND THE CONTENT PROVIDED THEREIN, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CIRKIZ DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CIRKIZ INFORMTION, SOFTWARE, PRODUCTS, AND ANY CIRKIZ SERVICES INCLUDED WITH OR MADE AVAILABLE BY CIRKIZ , INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TIMELINESS, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CIRKIZ AND/OR ITS VENDORS, PROVIDERS, AND/OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO CIRKIZ , CIRKIZ .COM AND ITS AFFILIATES AT ANY TIME.
FURTHER, CIRKIZ DISCLAIMS ANY WARRANTY THAT YOUR USE OF CIRKIZ .COM, THE CIRKIZ SOFTWARE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. IN THE EVENT OF ANY INTERRUPTION OF CIRKIZ .COM, THE CIRKIZ SOFTWARE AND/OR SERVICES, CIRKIZ ’S SOLE RESPONSIBILITY SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT ENTITLE YOU AND/OR END USERS TO ANY SUPPORT FOR THE USE OF CIRKIZ .COM, THE CIRKIZ SOFTWARE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM CIRKIZ WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT CIRKIZ SHALL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS TO AND/OR USE OF CIRKIZ .COM, THE CIRKIZ SOFTWARE AND/OR SERVICES (OR CIRKIZ ’S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL CIRKIZ OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE CIRKIZ .COM OR THE CIRKIZ SOFTWARE, EVEN IF CIRKIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. CIRKIZ ’S MAXIMUM AGGREGATE LIABILITY ARISING IN CONNECTION WITH THESE TERMS SHALL NOT, IN ANY EVENT, EXCEED ANY AMOUNTS RECEIVED UNDER THESE TERMS.
Termination of Access
CirKiz reserves the right to modify, suspend or discontinue the CirKiz Services (or any part thereof), Software, or any Content (or any part thereof) at any time with or without notice to You. CirKiz shall not be liable to You or any third party should we exercise such right.
CirKiz reserves the right, in its sole discretion, to terminate, modify, suspend or discontinue Your access to CirKiz .com and the related software and services or any portion thereof at any time, without notice to You. CirKiz shall not be liable to You or any third party should we exercise such right.
Use of CirKiz .com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CirKiz as a result of this agreement or use of CirKiz .com.
Compliance with Law and Disputes
The Services and Software are owned by CirKiz . Visitors who choose to use our Services and Software from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, federal, state, local or foreign, applicable to the use of this website and information, content, material and services contained herein.
These Terms shall be governed by the laws of the State of New York, without regard to any conflict of laws principles. Any dispute regarding these Terms or the relationship that has been established by these Terms shall be brought in the state or federal courts residing in the State of New York, County of New York, United States of America, and the local laws of New York will apply to any such action related to the above without regard to any conflicts of laws principles. Both parties submit to venue and jurisdiction in these courts.
By visiting CirKiz .com, You agree that all disputes shall be subject to the laws of the State of New York, and that you submit Yourself to the personal and exclusive jurisdiction of the state and/or federal courts located in New York County, State of New York.
Changes to Our Terms & Conditions of Use
CirKiz reserves the right to change the terms, conditions, and notices under which CirKiz.com is offered, at any time. If we decide to change our Terms and Conditions of Use, we will post those changes on this page. The effective date will be posted at the bottom of this agreement if any changes are made to the agreement.
Severability, Waiver & Acknowledgement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Failure of CirKiz to enforce any term specified herein does not waive CirKiz ’s right to enforce the same or any other term set forth herein for the same default or other defaults.
You acknowledge that You have carefully read and agree to these Terms and Conditions of Use.
Contact CirKiz (a d/b/a of Paradise Fun Factory, Inc.)
All questions concerning these Terms, Services, Software and/or Content shall be directed to: Paradise Fun Factory, Inc., c/o Antony Hilton, Esq., 3812 Thirty-Second Street, New York, NY 11101-2207, USA. Attention: General Counsel.
If correspondence is regarding any claim of copyright or trademark infringement, You must submit a report in writing, providing the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- A description and specimen (image) of the copyrighted or trademarked claimed to have been infringed upon;
- A description of where the infringing or infringed upon material is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by You or authorized representative that You have a good-faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law;
- Proof of a copyright or trademark filing; and
- A sworn statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
These Terms are effective as of October 2014.