EJay’s Circle Terms of Service
These Terms of Service constitute the agreement (the “Agreement”) by and between EJay’s Circle and you. (“You”) Your use of EJay’s Circle website, (the “Website”), products and services, the Web site, products and services are collectively referred to herein as “the Services.” By using the Services, You represent and warrant that you have read and understood, and agree to be bound by this Agreement, as modified by EJay’s Circle from time to time and posted on the Website.
Fees and Payments
For any purchases involving credit or debit transactions, all purchases are final. ALL FEES ARE NONREFUNDABLE. In the event of a discrepancy pertaining to fee collection, You have ten business days from the date of the completed charge to send notification to EJay’s Circle about the discrepancy, after which all charges are no longer subject to change. EJay’s Circle decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of monthly or annual fees from You, shall not affect EJay’s Circle subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall EJay’s Circle waiver of Your breach constitute EJay’s Circle waiver of any subsequent breach.
Trial Promotions, giveaways, Quizzes, Leadership Board, raffles
EJay’s Circle may, from time to time, offer various giveaways, sweepstakes, raffles, contests, and/or skill events. No purchase is necessary to take part in these events. The Leadership Board award points can be used in the member shop in exchange for Steam keys and the like. With other events, prizes may include Steam gift cards and such. The awards/prizes cannot be exchanged for cash.
Rights to Content, License to post
“Your Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software) in any medium, provided by You in conjunction with Your use of the Services. “Third-Party Content” means any content, software, or other computer programming material that is owned by an entity other than Ejay’s Circle. You always retain ALL rights to Your Content. Accordingly, You hereby grant to EJay’s Circle the limited, non exclusive right and license to copy, distribute, transmit, display, perform, and otherwise use Your Content solely for the purpose of rendering the Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose, and with no form of compensation to you.
You represent and agree that Your Content does not include any content that infringes on any third party’s intellectual property or publicity/privacy rights, does not violate any applicable law or regulation, and does not contain any harmful material, such as viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information.
The Website and Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed without the express written consent of EJay’s Circle. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Ejay’s Circle or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
Administration of Your Clubs.
Your Exclusive Control of Your Clubs
Ejay’s Circle does not control the forum(s)/clubs made available to You by means of the Services (“Your Club”). You understand and agree that You are exclusively responsible for the administration and content of any clubs or forums You create, Your Club and reserves the non exclusive right, in Your sole discretion, to delete or modify posts to Your Forum, create and revoke memberships to Your Forum, block access to Your Club, modify Your account profile, or modify any content on Your Club.
Your Exclusive Responsibility for User Content
“User Content” is any content, materials or information that users of Your Club(“Users”) upload or post to, or transmit, display, perform or distribute by means of, Your Club. You understand and agree that You are exclusively responsible for ensuring that the display and use of User Content on Your Forum complies with all applicable laws, including without limitation, trademark and copyright laws, privacy laws relating to adult content, obscene content, or child pornography, defamation, computer fraud and abuse, phishing, malware, unsolicited emails or “spam,” “cookies,” and so forth.
Ejay’s Circle extends solely as a courtesy, the ability for You to customize Your profile and create galleries to post your artwork designs, and videos,Because You assume responsibility for all content on Your Galleries and Clubs, You understand and agree that You agree you will receive no compensation in any form from EJay’s Circle and You are exclusively responsible for ensuring all content on You post complies with the Digital Millennium Copyright Act, 17 U.S.C. 512 et seq. (the “DMCA”) and that, if applicable, You comply with all provisions required by the DMCA of “Online Service Providers” to remove and/or reinstate allegedly infringing content and to maintain so-called “Safe Harbor” protection. If Ejay’s Circle receives a DMCA Take-Down Notice regarding content posted by You, EJay’s Circle will forward said Notice to You via the email address You provided to Forums.net. You agree to respond to EJay’s Circle within 48 hours of Ejay’s Circle’s forwarding of the Notice.
User Information; Password Protection
You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify EJay’s Circle immediately of any unauthorized use of Your account, user name, or password. EJay’s Circle shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge.
Assumption of Risk; Release
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY EJAY’s Circle’s ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “EJAY’s CIRCLE PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
Consent to Receive Email From EJay’s Circle
By registering with the Website, You hereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters.
Disclaimers; Limitation of Liability
EJAY’s CIRCLE, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EJAY’S CIRCLE ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. NEITHER EJAY’S CIRCLE NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
Limitation of Liability
THE LIABILITY OF JAY’S CIRCLE AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EJAY’S CIRCLE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEE ABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO EJAY’S CIRCLE OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF EJAY’S CIRCLE AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EJAY’S CIRCLE AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.