Welcome to AppCircus
AppCircus is platform for showcasing and networking provided by dotopen, S.L. ("dotopen," "we," "us") through our website accessible at www.appcirc.us and www.appcircus.com (the "Site") and the AppCircus events ("AppCircus Live!" or "Live! Events") as described in more detail below (the "Services"). Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site and Events, including any content, information, products or Services therein. This is a legal agreement between you and dotopen. For the sake of clarity, all Members shall always be persons of legal age entering into this agreement in the exercise of a business activity.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, OR YOU DO NOT COMPLY WITH THE ABOVE-MENTIONED CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
a. Description of Online Services. The Site is made available for any individual or organization for showcasing their applications, sharing and searching other apps and commenting on the available conversations. Registered members (“Members”) must complete their own personal profiles ("Profiles") to which they can add profile description of their apps ("Apps"). While some App information may be available to any visitor, access to certain features of the Site and Services is limited to Members
b. Modification of the Platform or Terms of Service. dotopen reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Service without notice. All modified terms and conditions will be effective after we have notified you of the changes. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your AppCircus account. By continuing to access or use the Site and Services after we have notified you of the changes, you agree to be bound by such changes.
Certain types of content are made available through the Site. "Content" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files made available through the Site, excluding Member Submissions.
The Content and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with Services, are copyright of dotopen and its licensors. You may not use or reproduce or allow anyone to use or reproduce any Content for any reason without written permission from us, except as expressly allowed under these Terms of Service. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms of Service.
"Member Submissions" as used in these Terms of Service means, collectively, the text, data, graphics, images, photos and video files and other content and information which Members stream, post, upload and otherwise submit to the Platform, including without limitation the Member created profiles and Apps. dotopen reserves the right to remove and permanently delete any Content or Member Submissions from the Platform without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available any Member Submissions, emails or other materials that are believed to violate the laws or these Terms of Service.
a. Sign up. You must provide a valid email address and the basic information required in your profile in order to become an registered member of AppCircus.
b. As a Member, you are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify dotopen of any unauthorized use of your password. You agree that the information that you provide to us upon registration during Profile and App set up and editing including Member Submissions is and will be true, accurate, current and complete.
c. As a Member you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service or your use of the Site and Services.
4. Participation to AppCircus Live! events
a. Any App that has been added by a member can be submitted to present in an AppCircus Live! event. An App can only be submitted to present at one Live! event at a time. Members can submit as many different Apps as they have profiled.
b. The AppCircus organization and/or the local event organizer will follow up with the member regarding their submission to a Live! event.
c. Selection to participate at a Live! event is done by an independent jury, set up by the local event organizer, based on the information included in the App profile on the Site. While the criteria for selection are established by AppCircus, we are not responsible for the actual selection.
b. Those Apps that have not been selected to present at a Live! event, can submit to other Live! events.
e. Those Apps that have been selected to present will have 3 minutes in stage to do so at the Live! event. Eventual travel and preparation is at the member's own cost.
5. Termination; Cancellation.
a. We may immediately terminate or suspend your access and that of the Users you set up to the Site and Services and remove any material (including Member Submissions) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Platform, Services or your access and that of the Users you set up thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. dotopen will not be liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING MEMBER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY ANYONE. Furthermore, dotopen will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
b. You may terminate your AppCircus Membership at any time and for any reason by sending an email to [email protected] Upon any termination by a Member, the related account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by us. Any suspension, termination or cancellation will not affect your obligations to us under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
6. Third Party Links.
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Member Submissions
a. The Site may permit the submission and the hosting, sharing, and/or publishing of Member Submissions. You understand that whether or not such Member Submissions are published, we do not guarantee any confidentiality with respect to Member Submissions that are not “Hidden Submissions”. Certain Member Submissions, which may be considered confidential, allow you to label them as “Hidden Submissions”. If you choose a Member Submission to be Hidden, we will not share this information with anyone and will only use it for search and analysis purposes.
b. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: (i) your organization owns or has the necessary licenses, rights, consents, and permissions to use and authorizes dotopen to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Site and these Terms of Service; For clarity, you retain all of your ownership rights in your Member Submissions. However, by submitting the Member Submissions to AppCircus, you hereby grant us a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with the AppCircus and dotopen's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Member Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Member Submissions as permitted through the functionality of the Site and under these Terms of Service.
c. In connection with Member Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant dotopen all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage AppCircus, its Members or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) represent an organization from which you do not have the authorization to represent; or (v) impersonate another person. We do not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and dotopen expressly disclaims any and all liability in connection with Member Submissions. dotopen does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and we will remove all Content and Member Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights. We also reserve the right to decide whether Content or a Member Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, excessive length, or otherwise not appropriate. We may remove such Member Submissions and/or terminate a Member's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. What You must NOT do.
The Site and Services may be used and accessed in good faith and for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services: (a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict access to user contact information; (b) Upload, stream, email or otherwise transmit (i) any Member Submission to which you do not have the lawful right to copy, transmit and display (including any Member Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member Submission); (ii) any Member Submission for which you do not have the consent or permission of each identifiable person in the Member Submission to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Member Submission) and such consent or permission is necessary; or (iii) any Member Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (c) Use any meta tags or other hidden text or metadata utilizing a dotopen name, trademark, URL or product name; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Platform or the Services, or interfere with the access of any Member or other user to the Site or the Services; (e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test the vulnerability of any dotopen system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services; (g) Unless to the extent permitted under applicable laws, attempt to decipher, decompile, disassemble, reverse engineer, or otherwise try to discover or determine the source code of any software or any proprietary algorithm used to provide the Services; (h) use the Services to collect or store data (including personal data) about other users without their express permission; (j) Impersonate or misrepresent your affiliation with any entity, through pretexting or some other form of social engineering or otherwise commit fraud; (k) Knowingly include or use any false or inaccurate information; (l) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.
9. What dotopen is NOT responsible for.
YOUR USE OF THE SITE, SERVICES, CONTENT AND MEMBER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES, CONTENT AND MEMBER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. DOTOPEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND MEMBER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. DOTOPEN DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE PLATFORM, SERVICES, CONTENT AND MEMBER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOTOPEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of our Liability.
IN NO EVENT WILL DOTOPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT DOTOPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL DOTOPEN'S CUMULATIVE LIABILITY TO YOU EXCEED $100.
11. What You will indemnify us from.
You agree to defend, indemnify, and hold dotopen, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and Member Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party.
These Terms of Service shall be governed by the internal substantive laws of Spain, without respect to its conflict of laws principles. Any claim or dispute between you and dotopen that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Barcelona, Spain. These Terms of Service shall constitute the entire agreement between you and dotopen concerning the Site and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and dotopen’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
13. Beta Version.
We may conduct open beta tests (each a "Beta") of existing or new features or versions of the Service (each a "Beta Service"). If you choose to register for a Beta, your participation is subject to the additional terms of this Section. You understand that the overall design of the Beta Service could change throughout the course of the Beta and that dotopen reserves the right to change or withdraw the Beta Service, discontinue the Beta, revoke your license to the Beta, or release the Beta Service as a final version at any time in its sole discretion. You agree to record and report all problems, issues, ideas, feedback and suggestions for enhancements to the Beta Service ("Feedback") to dotopen on a timely basis to the email address that will be provided to you along with beta testing materials. You hereby assign all right, title and interest in and to your Feedback to dotopen and/or its affiliates, as applicable, and acknowledge that dotopen and/or its affiliates have the unrestricted right to use and exploit such Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.