TERMS OF SERVICE
Effective Date: July 11th, 2019
Your use of the Canal Circle™ platform is expressly subject to and governed by the Terms of Use set forth herein (these “Terms”) and our Privacy Policy which constitutes part of these Terms and is incorporated into these Terms by reference. IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the “Disclaimer of Warranties”, “Limitations of Liability” and “Arbitration Agreement” sections below for more information. By using the Canal Circle™ platform, you accept and agree to be bound by these Terms (including our Privacy Policy). If you do not agree with any of these Terms (including anything stated in our Privacy Policy), or if you are dissatisfied with the Canal Circle™ platform for any reason, your sole and exclusive remedy is to discontinue use of the Canal Circle™ platform.
CHILDREN
The Canal Circle™ platform is not intended for or directed to anyone under the age of 13. To register and create an account on the Canal Circle™ platform, you must be at least 13 years of age.
ELECTRONIC COMMUNICATIONS
When you use the Canal Circle™ platform, you are communicating with us electronically, and you consent to receiving communications from us electronically, including emails, push messages, in-app messages, and messages posted to your account on the Canal Circle™ platform. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MOBILE SERVICE CHARGES
By using the Canal Circle™ platform on mobile, you acknowledge and agree that standard carrier charges may apply and that depending on your wireless service plan, your wireless carrier may impose data and/or other charges when you use the Canal Circle™ platform, and that any and all such charges will solely be your responsibility.
CERTAIN DEFINITIONS
As used in these Terms (including our Privacy Policy), the following terms shall have the meanings set forth below:
“Brand” or “Brand Owner” means any person or entity operating in the industry that advertises and offers products for sale on the Canal Circle™ platform. For the purposes of these Terms, a Brand Owner is deemed to also include anyone who uses the Canal Circle™ platform as an employee, agent or representative of a Brand Owner.
“Brand Owner Content” means all content on the Canal Circle™ platform that is provided by a Brand Owner, including a Brand Owner’s profile description and associated photos, images and videos, Product Feed (as defined below), and Brand Owner Marks (as defined below).
“Brand Owner Marks” means any and all names, marks, logos and other identifiers of Brand Owners.
“Facebook” means the third-party social media website Facebook.com.
“Instagram” means the third-party photo and video sharing mobile app and service Instagram.
“Product Feed” means all product related content on the Canal Circle™ platform that is provided by a Brand Owner, including product descriptions, product pricing, product photos, images and videos, and product shipping, warranty, and return/refund policies, and including also the name, voice, signature, photograph and likeness of any individual (such as a model) depicted or identified in such content.
“Canal Circle™ Content” means all Canal Circle™-originated content on the Canal Circle™ platform, including, without limitation, graphics, artworks, buttons, icons, page and screen layout and look-and-feel designs, indexes, directories and listings. For the avoidance of doubt, Canal Circle™ Content does not include Brand Owner Content or User Content.
“Canal Circle™ Marks” means any and all names, marks, logos and other identifiers of Canal Circle™, including, without limitation, the “Canal Circle™” and “Canal Circle™ for creators” name and logo.
“Canal Circle™ Software” means all Canal Circle™-owned software programs, applications, modules, APIs, search engines, and databases (including their source code and object code) that form part of the Canal Circle™ platform, including, without limitation, the Canal Circle™ App and Web App.
“Third Party Providers” means other online and mobile service providers whose products and services are used or relied upon by Canal Circle™ for the operation of the Canal Circle™ platform, including, without limitation, CJ, Facebook, Instagram and etc.
“User” means anyone that uses the Canal Circle™ platform, other than as a Brand Owner (including as an employee, agent or representative of a Brand Owner).
“User Content” means all content on the Canal Circle™ platform that is originated by Users, including User-posted profile descriptions, photos, images, messages, reviews, comments, and links.
“you” means anyone that uses the Canal Circle™ platform, whether as a Brand Owner (including as an employee, agent or representative of a Brand Owner) or as a User.
“your Content” means, as applicable, (i) your Brand Owner Content if you are a Brand Owner, or (ii) your User Content if you are a User.
RESERVATION OF RIGHTS
Canal Circle™ reserves the right at any time and for any reason, with or without notice, and without liability to you, to: (i) modify, suspend or terminate the Canal Circle™ platform or any portion thereof; (ii) restrict, limit, suspend or terminate your access to the Canal Circle™ platform or any portion thereof; (iii) remove any or all of your Content from the Canal Circle™ platform; (iv) monitor your use of the Canal Circle™ platform to verify compliance with these Terms and/or any applicable law; (v) investigate any suspected or alleged misuse of the Canal Circle™ platform and cooperate with law enforcement in such investigation; and (vi) disclose information about your use of the Canal Circle™ platform in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order or subpoena.
ACCOUNT REGISTRATION
For Users: To use the Canal Circle™ platform, you must register and create an account on the Canal Circle™ platform by providing your name, email address, a short description about yourself (optional), and a photo of yourself (also optional). If you have an account with Facebook or Instagram, you can also register on the Canal Circle™ platform using your Facebook or Instagram account, provided that you allow us to access and import your profile (including your name, email address, and profile photo) from Facebook or Instagram, as the case may be, to the Canal Circle™ platform. By registering, you represent and warrant that: (i) you are at least 13 years of age; (ii) all account registration and profile information you submit to us (or allow us to import from Facebook or Instagram, as the case may be) is your own information and is truthful and accurate; and (iii) your use of the Canal Circle™ platform does not violate any applicable law. Your account may be cancelled or terminated without warning if we have any reason to believe that you have misrepresented information or provided false information to us.
For Brand Owners: As a Brand Owner, you can join the Canal Circle™ platform by emailing us at partner@canalcircle.com
PERMITTED USES
For Users: As a User, and subject to these Terms, you may use the Canal Circle™ platform to:
view Brand Owner Content and shop for Brand Owner products (note, however, that purchases for Brand Owner products must be made on Brand Owner websites, and not on the Canal Circle™ platform at this point);
view User Content posted by others;
post User Content for viewing by others; and
view how other Users respond to your posts.
For Brand Owners: As a Brand Owner, and subject to these Terms, you may use the Canal Circle™ platform to:
publish and display your Brand Owner Content, including your Product Feed;
offer your products for sale to Users;
view Brand Owner Content from other Brand Owners; and
view User Content posted by Users.
PROHIBITED USES
Whether as a User or as a Brand Owner, you may not:
use the Canal Circle™ platform, Canal Circle™ Software and Canal Circle™ Content other than for your own lawful use that complies with these Terms, the terms and policies of the applicable Third Party Providers, and all applicable laws;
impersonate another, or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
falsify account registration information, or make unauthorized use of another’s information;
use the Canal Circle™ platform in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
copy, reproduce, distribute, modify, or create derivative works from, any Canal Circle™ Software or Canal Circle™ Content without the express prior written consent of Canal Circle™;
copy, reproduce, distribute, modify, or create derivative works from, any Brand Owner Content or User Content that you do not own, without the express prior written consent of the applicable content owner;
remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained or embedded in any Canal Circle™ Content or Canal Circle™ Software, or in any Brand Owner Content or User Content that you do not own;
upload, post, display, publish or distribute any User Content or Brand Owner Content that (i) is offensive, obscene, vulgar, pornographic, violent, fraudulent, false, misleading, defamatory, libelous, hateful, or discriminatory, or (ii) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, posting another’s photo, video, commentary, editorial, etc. without proper consent);
decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of any Canal Circle™ Software;
bypass, circumvent, disable, deactivate or render ineffective any content protection, rights management, or security features or mechanisms (such as firewalls, filters, etc.) associated with the Canal Circle™ platform or any Canal Circle™ Software;
interfere in any way with the operation of the Canal Circle™ platform or any server, network or system associated with the Canal Circle™ platform, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another’s account that you are not expressly authorized to access;
use the Canal Circle™ platform for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other benchmarking or competitive purposes;
use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Canal Circle™ platform or any server, network or system associated with the Canal Circle™ platform, or to extract, collect, harvest or gather content or information from the Canal Circle™ platform;
frame or otherwise create a browser or border environment around any page or content of the Canal Circle™ platform, or deep-link to any internal page or area of the Canal Circle™ platform; or
make any other use of the Canal Circle™ platform, Canal Circle™ Software or Canal Circle™ Content that violates these Terms or any applicable law.
To report any abuse or misuse of the Canal Circle™ platform, please contact us at support@canalcircle.com.
RESPONSIBILITIES OF USERS
As a User, it is solely and entirely your responsibility:
to ensure that your User Content does not infringe or violate another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right;
to ensure that your account information on the Canal Circle™ platform is accurate and up to date;
to comply with all applicable laws when using the Canal Circle™ platform, including when you interact with other Users and with Brand Owners.
OUR DISCLAIMERS REGARDING TRANSACTIONS BETWEEN BRAND OWNERS AND USERS
By using the Canal Circle™ platform whether as a User or as a Brand Owner, you expressly acknowledge and agree as follows:
All sale and purchase transactions are solely between Brand Owners and Users. Canal Circle™ and the Canal Circle™ platform are not a party to any such transactions.
Canal Circle™ and the Canal Circle™ platform (i) are not affiliated with and do not represent any Brand Owner; (ii) do not make, produce, offer, sell, ship, or provide warranty of any kind for, any product on behalf of a Brand Owner; (iii) do not sponsor, endorse or approve any product offered or sold by a Brand Owner; (iv) do not provide customer service for any product sold by a Brand Owner; however, we will make reasonable efforts to facilitate communications between Brand Owners and Users, including forwarding a User’s request, inquiry or complaint we receive concerning a specific product or purchase to the applicable Brand Owner for handling); and (v) assume no responsibility or liability whatsoever for any product offered or sold by a Brand Owner.
All Brand Owner Content (including Product Feeds) and User Content are originated by Brand Owners or Users (as the case may be) and not by Canal Circle™, and are provided “as is” for informational purposes only and without any warranty by Canal Circle™, whether express or implied. Canal Circle™ does not investigate, verify, warrant or guarantee, and assume no responsibility or liability for, the accuracy, correctness, truthfulness or reliability of any Brand Owner Content or User Content. Canal Circle™ does not sponsor, endorse or approve any view, opinion, comment or recommendation expressed by a Brand Owner or a User, and the posting of a Brand Owner’s or a User’s view, opinion, comment or recommendation on the Canal Circle™ platform does not constitute sponsorship, endorsement or approval thereof by Canal Circle™.
Canal Circle™ does not make any representation or warranty, whether express or implied, with respect to any of the following: (i) any Brand Owner Content (including Product Feed); (ii) any User Content; (iii) any product offered by a Brand Owner, including its availability, price, make, material, craftsmanship, style, genuineness, quality, durability, performance, warranty, customer service, or ethical or environmental standard; and (iv) a User’s level of satisfaction with a Brand Owner or with any product received from a Brand Owner.
In no event shall Canal Circle™ be held responsible or liable for any injury (including death) or loss or damage of any kind incurred by a User as a result of: (i) a Brand Owner’s non-delivery or late delivery of a product; (ii) his/her use of (or inability to use) a product received from a Brand Owner; (iii) a defective product received from a Brand Owner; (iv) a Brand Owner’s failure or refusal to accept a return, to make an exchange, to issue a refund or credit, or to honor a warranty; or (v) any billing error, overcharge, or any unauthorized or fraudulent charge, by a Brand Owner.
OWNERSHIP; GRANT OF LICENSES; YOUR REPRESENTATIONS AND WARRANTIES
The Canal Circle™ platform and all Canal Circle™ Content, Canal Circle™ Software and Canal Circle™ Marks constitute the proprietary property of Canal Circle™ and are protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Subject to these Terms, Canal Circle™ grants to you a limited, conditional, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access the Canal Circle™ platform, Canal Circle™ Software and Canal Circle™ Content for your own lawful use only. You acknowledge and agree that: (i) this limited license is expressly conditioned upon your full compliance with these Terms, the terms and policies of the applicable Third Party Providers, and all applicable laws; and (ii) this limited license may be revoked and terminated by Canal Circle™ at any time and for any reason (including, without limitation, if you violate any of these Terms or any applicable law). Any use of the Canal Circle™ platform, Canal Circle™ Software or Canal Circle™ Content other than as expressly permitted by these Terms is strictly prohibited. All rights in and to the Canal Circle™ platform, Canal Circle™ Software and Canal Circle™ Content that are not expressly granted herein are reserved by Canal Circle™.
All Brand Owner Content (including Product Feeds and Brand Owner Marks) will remain the property of the applicable Brand Owners, and all User Content will remain the property of the applicable Users. Canal Circle™ does not claim ownership of any Brand Owner Content or User Content. However, by using the Canal Circle™ platform, you expressly and irrevocably grant to Canal Circle™ a worldwide, non-exclusive, freely transferable, freely assignable, freely sublicensable license to store, cache, index, use, copy, reproduce, publicly display, publicly perform, publish and distribute all your Content (including your own likeness and photographs comprised in your User Content) for the purposes of and in connection with operating, managing, maintaining, improving, advertising, promoting and publicizing the Canal Circle™ platform. You acknowledge and agree that: (i) the foregoing license is not revocable or terminable by you and will continue in effect for as long as you maintain an account on the PS platform; and (ii) in the event you discontinue use of the Canal Circle™ platform by canceling your account, Canal Circle™ may retain backup copies of all your Content indefinitely for Canal Circle™’s internal archival and recordkeeping purposes.
Also, by using the Canal Circle™ platform, you expressly allow other Brand Owners and Users to access and view your Content on the Canal Circle™ platform, and you acknowledge and agree that Canal Circle™ has no control over and shall not be held responsible or liable for others’ use or misuse of your Content.
By using the Canal Circle™ platform, you represent and warrant that you own or control all rights in and to your Content and that, to the extent your Content includes or utilizes any third-party property (such as material created by another person, or another person’s name, voice, signature, photograph or likeness), you have secured all necessary rights, licenses, consents and releases (i) for the inclusion/use of such third-party property in your Content and (ii) for our use, publication and display of your Content on and in connection with the Canal Circle™ platform.
NO OBLIGATION TO SCREEN OR MONITOR; OUR RIGHT TO REMOVE CONTENT
We assume no responsibility or obligation to screen any Brand Owner Content or User Content or to monitor the Canal Circle™ platform for inappropriate Brand Owner Content or User Content. However, we do reserve the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any Brand Owner Content or User Content that, in our sole judgment, violates these Terms or any applicable law, or may expose or subject Canal Circle™ to liability of any kind, or may adversely affect the reputation or goodwill of Canal Circle™.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
To comply with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including expediently removing or disabling access to the allegedly infringing Brand Owner Content or User Content (as the case may be). We also have a policy of terminating, in appropriate circumstances, the account of anyone that is determined by us to be a repeat infringer.
DESIGNATED AGENT:
The following is our Designated Agent for the Canal Circle™ platform for receiving notifications of claimed copyright infringement:
By email: copyright@canalcircle.com
NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
Under the DMCA, a notification of claimed copyright infringement must include all of the following:
aphysical 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 work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
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, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
COUNTER-NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT:
If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above. A DMCA counter-notification must include all of the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Illinois, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your Content that was removed or disabled in not less than 10 business days and not more than 14 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
LINKS TO THIRD PARTIES
The Canal Circle™ platform may contain links to third-party websites or products or services, such as those of Third Party Providers and Brand Owners (each, a “Linked Third-Party Site/Product/Service”). Such links do not constitute or imply Canal Circle™’s approval, sponsorship or endorsement of any Linked Third-Party Site/Product/Service. Canal Circle™ is not responsible for and makes no representation or warranty, whether express or implied, regarding any Linked Third-Party Site/Product/Service. You access and use a Linked Third-Party Site/Product/Service solely at your own risk. When you visit a Linked Third-Party Site/Product/Service, you are subject to that third party’s terms and policies, and not these Terms. Any right or claim you may have concerning a Linked Third-Party Site/Product/Service can only be asserted directly against the third party that operates or provides that Linked Third-Party Site/Product/Service.
DISCLAIMER OF WARRANTIES
UNLESS EXPRESSLY OTHERWISE STATED BY Canal Circle™ AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:
CANAL CIRCLE™ MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, REGARDING THE CANAL CIRCLE™ PLATFORM OR ANY CANAL CIRCLE™ SOFTWARE OR CANAL CIRCLE™ CONTENT;
THE CANAL CIRCLE™ PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; AND
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CANAL CIRCLE™ DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CANAL CIRCLE™ PLATFORM AND ALL CANAL CIRCLE™ SOFTWARE AND CANAL CIRCLE™ CONTENT; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CANAL CIRCLE™ DOES NOT WARRANT THAT THE CANAL CIRCLE™ PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THE CANAL CIRCLE™ PLATFORM WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY CONTENT OR INFORMATION (REGARDLESS OF WHETHER IT COMES FROM A BRAND OWNER, FROM A USER, OR FROM PS) ON THE CANAL CIRCLE™ PLATFORM WILL BE ACCURATE, RELIABLE, COMPLETE OR UP TO DATE; OR THAT YOUR USE OF THE CANAL CIRCLE™ PLATFORM WILL PRODUCE ANY DESIRED RESULT (SUCH AS MAKING AN ACTUAL SALE IF YOU ARE A BRAND OWNER, OR EARNING ANY USER REFERRAL FEES IF YOU ARE A USER).
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CANAL CIRCLE™ OR ANY CANAL CIRCLE™ SHAREHOLDER, MEMBER, OFFICER, DIRECTOR, EMPLOYEE, AGENT, REPRESENTATIVE, ADVISOR, CONSULTANT OR CONTRACTOR BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOST REVENUES, LOST SALES, AND LOSS OF DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO THE CANAL CIRCLE™ PLATFORM OR YOUR USE OF (OR YOUR INABILITY TO USE) THE CANAL CIRCLE™ PLATFORM, EVEN IF CANAL CIRCLE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION BY YOU
BY USING THE CANAL CIRCLE™ PLATFORM WHETHER AS A BRAND OWNER OR AS A USER, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CANAL CIRCLE™ AND ALL CANAL CIRCLE™ SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS, CONSULTANTS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATED TO ANY OF THE FOLLOWING:
YOUR USE OF (OR YOUR INABILITY TO USE) OR YOUR RELIANCE UPON THE CANAL CIRCLE™ PLATFORM OR ANY CONTENT OR INFORMATION ON THE PS PLATFORM;
ANY OF YOUR CONTENT;
YOUR VIOLATION OF ANY OF THESE TERMS OR ANY APPLICABLE LAW; AND/OR
ANY TRANSACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY OTHER PERSON OR ENTITY (OTHER THAN CANAL CIRCLE™), INCLUDING, WITHOUT LIMITATION, ANY SALE OR PURCHASE TRANSACTION TO WHICH YOU ARE A PARTY.
COMPLIANCE WITH EXPORT CONTROL LAWS
All Canal Circle™ Software are subject to U.S. export control laws and regulations. No Canal Circle™ Software may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, installing or using any Canal Circle™ Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export any Canal Circle™ Software or any underlying information or technology except in full compliance with U.S. export control laws and regulations.
INTERNATIONAL USE
The Canal Circle™ platform is operated by Canal Circle™ in and from the U.S. We do not represent or warrant that the Canal Circle™ platform or any Canal Circle™ Software or Canal Circle™ Content is appropriate or available for use in locations outside the U.S. If you access the Canal Circle™ platform from a jurisdiction outside the U.S., you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of the Canal Circle™ platform.
GOVERNING LAW
These Terms are governed by and shall be construed in accordance with the laws of the State of Delaware, U.S.A. (without regard to the conflict of laws provisions thereof) and the U.S. Federal Arbitration Act (with respect to dispute resolution).
ARBITRATION AGREEMENT
You and Canal Circle™ agree that any dispute or claim between you and Canal Circle™ arising out of or related to the Canal Circle™ platform shall be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and (ii) Canal Circle™ may bring actions in court to enforce its intellectual property rights. The U.S. Federal Arbitration Act and federal arbitration law apply to these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:
Canal Circle Pte. Ltd.
80 Raffles Place #32-01 UOB PLAZA
Singapore
Attn: Legal / Arbitration Notice
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA rules. If you are a User, Canal Circle™ will reimburse you for those fees for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. Also, if you are a User, Canal Circle™ will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you are domiciled or at another mutually agreed location.
YOU AND CANAL CIRCLE™ EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CANAL CIRCLE™ EACH WAIVE ANY RIGHT TO A JURY TRIAL.
SEVERABILITY
If any provision contained in these Terms is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms shall not be affected and shall remain in full force and effect.
NO WAIVER
A failure by Canal Circle™ to exercise or enforce any right or provision under these Terms of Use does not constitute a waiver of such right or provision. A waiver of any right or provision under these Terms of Use will only be effective if it is in writing and signed by Canal Circle™.
AFFILIATE DISCLOSURE
Any/all of the links on this website and Canal Circle™-branded products (such as our browser extension, chatbot, and mobile app) may be affiliate links of which Canal Circle™ receives a small commission from sales of certain items, but the price is the same for shoppers.