Circudo Terms of Use
Last Updated: February 27, 2023
Agreement
Welcome to the website of Circudo, Inc. (“Circudo”) which Circudo maintains as a service to its customers. This terms of use agreement (the “Terms of Use”) specifies the terms for access to and use of circudo.com including all its individual pages (the “Site”) and describes the terms applicable to your access to and use of the Site. By using the Site, you agree to comply with and be bound by the following Terms of Use, please review them carefully before accessing or using the Site. EACH USE OF THE SITE BY YOU SHALL CONSTITUTE AND BE DEEMED YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.
You
“You” means any individual or entity using the Site. If you use the Site on behalf of another person or entity, you represent and warrant that you are authorized to accept the Terms of Use on that person’s or entity’s behalf, that by using the Site you are accepting the Terms of Use on behalf of that person or entity, and that if you, or that person or entity, violates the Terms of Use, you and that person or entity agree to be responsible to us.
Modification
These Terms of Use may be modified at any time by Circudo by posting the modified Terms of Use on the Site. Any such modification shall be effective immediately. When Circudo makes updates to the Terms of Use, it will update the date at the top of this page and you can view the most recent version at any time by clicking on the Terms of Use hyperlink located at the bottom of the Site. Circudo encourages you to periodically review the Terms of Use posted on the Site to stay informed of our updates. By using the Site after a new version of the Terms of Use has been posted, you agree to the terms of that new version.
Description of Services
Circudo provides its customers for a fee with licenses to use in entertainment and/or commercial productions artwork displayed on the Site and with corresponding printable high resolution files. Circudo’s services are intended for users in the United States. If you are outside the U.S., do not use the Site. Products and services offered by Circudo are intended for commercial use and you acknowledge that your use of the Site is that of a representative of a business (as defined by applicable law) and not that of a consumer.
Privacy
Your use of the Site is subject to Circudo’s privacy policy (“Privacy Policy”). Please review the Privacy Policy, which informs users of our data collection practices, at www.circudo.com/privacy-policy-2. The Privacy Policy is made a part of these Terms of Use by this reference.
Electronic Communications
Visiting the Site or sending emails to Circudo and/or receiving emails from Circudo constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
Certain features or services offered on or through the Site, in particular the purchase of a product offered on the Site, may require you to open an account. If you use the Site in such a way, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are responsible for keeping current the information provided to us, maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You agree to make any other user assigned access or a role related to your account aware of these Terms of Use and of Circudo’s Privacy Policy. You agree to notify Circudo immediately of any unauthorized use of your account or any other breach of security. You acknowledge that Circudo is not responsible for third party access to your account that results from theft or misappropriation of your account. Circudo and its associates reserve the right to refuse or cancel any service, terminate any account or remove or edit any content in their sole discretion.
Intended Audience
This website is intended for adults only. Circudo does not knowingly collect, either online or offline, personal information from persons under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. If you are under 18, you may use the Site only with the permission of a parent or guardian.
Links to Third Party Sites/Third Party Services – No Endorsement
The Site may contain links and pointers to other related world wide web internet sites, resources, and/or sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by Circudo or any of its subsidiaries or affiliates of any third party resources or their contents. Circudo disclaims any and all responsibility for content contained in any third party materials provided through links from the Site. Circudo assumes no responsibility for and has no control over the content, privacy policies or practices of said third party sites. By using the Site, you hereby release Circudo from any and all liability arising from your use of any third party website, and we encourage you to review the third party’s site terms and conditions after you leave the Site and enter a third party site. Circudo does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. Circudo reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition to your use of the Site, you warrant to Circudo that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Intellectual Property
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Circudo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found on the Site unless specifically permitted by the terms & conditions you agree to upon checkout when purchasing a product from the Site (“Terms & Conditions”).
Any artwork that is made available to download from the Site (“Artwork“) is the copyrighted work of one of Circudo’s suppliers and it is the respective third party copyright owner, not Circudo, who licenses to you any selected piece of Artwork in exchange for a licensing fee. Use of any Artwork is governed by the Terms & Conditions and you will not be able to download any Artwork unless you first agree to them. Any Artwork is according to the Terms & Conditions made available for download solely for use by the respective licensee and any reproduction or redistribution of the Artwork not in accordance with these Terms of Use and the Terms & Conditions is expressly prohibited by law.
Circudo content including Artwork is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely in accordance with the express written permission of Circudo and/or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Circudo and/or any party that provides intellectual property to Circudo retain(s) all rights with respect to any of its / their respective intellectual property appearing on the Site and no rights in such materials are transferred or assigned to you. Circudo does not grant you any licenses, express or implied, to the intellectual property of Circudo or its suppliers except as expressly authorized by these Terms of Use and/or the Terms & Conditions.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
International Users
The Site is controlled, operated and administered by Circudo from its offices within the United States. If you access the Site from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use any Circudo content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You hereby agree to release, indemnify, defend and hold Circudo and all its officers, directors, owners, subsidiaries, affiliates, agents, employees, information providers, advisors, licensors and licensees harmless from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) (collectively “Claims“) due to or arising out of your use of or conduct on the Site or in connection with the Site. You shall cooperate as fully as reasonably required in the defense of any Claim. Circudo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Circudo.
Disclaimers
ANY PRODUCT AND ANY SERVICE OFFERED ON THE SITE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS & CONDITIONS YOU AGREE TO UPON CHECKOUT WHEN PURCHASING A PRODUCT OFFERED ON THE SITE. CIRCUDO MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION RELATING TO ANY PRODUCT AND ANY SERVICE OFFERED ON THE SITE AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. ALL PRODUCTS AND SERVICES PRESENTED ON THE SITE ARE OFFERED “AS IS.” CIRCUDO CAN IN ADDITION NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Circudo reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW CIRCUDO WILL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL CIRCUDO’S OR ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, LICENSORS AND PARTNERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF $100 OR THE FEES PAID BY YOU TO CIRCUDO UNDER THESE TERMS OF USE OR THE TERMS & CONDITIONS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, WHICHEVER IS GREATER.
Breach, Failure to Perform and Misuse
WITHOUT LIMITING ANY OTHER REMEDIES, CIRCUDO MAY SUSPEND, DELETE, TERMINATE ANY CURRENT AND FUTURE ACCOUNTS AND/OR ACCESS TO THE SITE BY A USER WHO VIOLATES ANY OF THE TERMS OF USE OF THE SITE OR TERMINATE OR PERPETUALLY SUSPEND YOUR ACCESS TO THE SITE IF YOU MISUSE YOUR ACCOUNT OR ANY SERVICES OR CIRCUDO IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION YOU PROVIDE TO IT.
Applicable Law
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA, U.S.A. THE PROPER VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND ANY ACCESS TO OR USE OF OUR SERVICES WILL BE THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, U.S.A.
Arbitration
AS THE EXCLUSIVE MEANS OF RESOLVING THROUGH ADVERSARIAL DISPUTE RESOLUTION ANY DISPUTES ARISING OUT OF THESE TERMS OF USE OR DESCRIBING THE SUBJECT MATTER OF THE CONTRACT A PARTY MAY DEMAND THAT ANY SUCH DISPUTE BE RESOLVED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND EACH PARTY HEREBY CONSENTS TO ANY SUCH DISPUTE BEING SO RESOLVED. JUDGMENT ON THE AWARD RENDERED IN ANY SUCH ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
Severability
If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall 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.
Waiver
The failure of Circudo to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any waiver of these Terms of Use by Circudo must be in writing and signed by an authorized representative of Circudo.
Modification and Termination of the Website
Circudo reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any service provided by the Site (or any part thereof) with or without notice. You agree that Circudo will not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any service.
Relationship of the Parties
Nothing contained in these Terms of Use or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Circudo, govern the terms of your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Circudo with respect to the Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site, in particular the Terms & Conditions that apply to the purchase of a product from the Site.
Termination/Access Restriction
Circudo’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Circudo’s right to comply with governmental, court and/or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Circudo with respect to such use.
Contact Information
If you have any questions regarding these Terms of Use, please contact us at info@circudo.com.
