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4. Your Relationship with Eric Co.
Welcome to the Eric the Circle website, a website owned and operated by Eric the
Circle Pty Ltd. In these Terms of Use, you may be referred to as a user, member,
you or your. These Terms of Use describes the terms and
conditions that govern your use of our software, products and services (collectively
the Services and individually a Services on the Site.
From time to time, Eric Co. may also provide Services that are subject to additional
terms, in addition to these Terms of Use (the Additional Terms). Where
Additional Terms apply to a Service, these will be accessible for you to read via
the webpage on which the additional Service is available. Eric Co. also provides
a Privacy Policy, which deals with how we collect and use any personal information
and other information that you provide to us when you join the Site or during your
use of the Site. The Terms of Use, the Additional Terms and the Privacy Policy are
collectively referred to in these Terms of Use as the Terms. These
Terms (and any Additional Terms) form a binding legal agreement between Eric Co.
and You.
All of our Terms may be accessed at Terms of Use, and Additional Terms and Privacy Policy. These Terms
change from time to time and you agree that such changes form part of these Terms.
5. Accepting the Terms .
In order to use the Site, you need to register as a member. Prior to confirming
your membership, you may be asked to accept the Terms if this option is made available
to use by Eric Co. in the user interface or, if this option is not available, by
your use of the Services.
By using or registering with the Site, you agree that you have read and accepted
all of the terms and conditions contained in the Terms and agree to be bound by
the Terms for the duration of your use or membership of the Site.
6. Membership
In order to become a member of the Site, you may also be required to be an existing
member of a social networking site, such as Facebook or Twitter. The ability to
access or use the Services may be dependent on you maintaining your membership of
a relevant social networking site and logging in to that social networking site.
Eric Co. has no relationship with any other site and expressly disclaims any liability
in relation to the use or disclosure of your membership details to any other site
that may be accessed through the Site.
To become a member of the Site, you must be capable of entering into a binding agreement
with Eric Co. and that contract must be valid in the jurisdiction in which you are
residing or from which you use the Services. If you are under the age of consent
to enter into a binding contract in your jurisdiction, you need to review these
Terms with your parent or guardian and get them to assist you in registering with
the Site. By registering with the Site, you represent that your parent or guardian
has joined this agreement with you.
To become a member of the Site, you must be capable of entering into a binding agreement
with Eric Co. and that contract must be valid in the jurisdiction in which you are
residing or from which you use the Services. If you are under the age of consent
to enter into a binding contract in your jurisdiction, you need to review these
Terms with your parent or guardian and get them to assist you in registering with
the Site. By registering with the Site, you represent that your parent or guardian
has joined this agreement with you.
The agreement between Eric Co. and you is void where it is prohibited by law and
in such a case Eric Co. may delete or remove your membership without notice to you.
Despite anything stated above, if you are under 18 years of age, you may not be
entitled to use certain of the Services available on the Site or make or receive
revenue from activities offered on the Site. If you need to be over 18 years of
age to access or use any of the Services on our Site, we will notify you of this
fact in the relevant section of the Site.
When you become a member of the Site, you will be required to provide Eric Co. with
certain personal information, which may include your name, email address, home address,
telephone number, date of birth and gender. The manner in which this information
is collected and disclosed is set out in our Privacy Policy, which is located at
Privacy Policy.
7. Term of Your Membership
Your membership of the Site will remain in full force for the duration of your use
of the Site. You may terminate your membership of the Site at any time and for any
reason by deregistering your account in the [account settings page, located at insert
hyperlink to account page].
Eric Co. may terminate your membership of the Site if:
(a) you breach any of these Terms of Use;
(b) Eric Co. is required to do so by any law or regulation; or
(c) Eric Co. ceases to operate the Site, or the Site ceases to exist.
Upon termination, all of the legal rights, obligations and liabilities that each
of Eric Co. and you have accrued or incurred will continue in force unless expressly
stated otherwise.
You acknowledge and agree that if your membership of the Site is terminated for
any reason, that any and all content or files or any other documentation or works
that you may have created or used or accessed during your membership of the Site
may be deleted or blocked from access and that you have no recourse against Eric
Co. for the deletion, removal or restricted access of or to such content.
8. Your Passwords and Account Security
You acknowledge and agree that you are responsible for maintaining the confidentiality
of passwords associated with your membership account you use to access the Services.
This includes any passwords for other sites that may be required in order to access
or use the Services.
You further agree that you will be solely responsible to Eric Co. for all activities
that that occur under your account. If you become aware of any unauthorized use
of your password or of your account, you must notify Eric Co. immediately at TeamEric@EricTheCircle.com.
9. Provision of Services by Eric Co.
In order to provide the best possible experience for our users, Eric Co. regularly
updates its Services. You acknowledge and agree that the form and nature of the
Services that Eric Co. provides may change from time to time without prior notice
to you.
Eric Co. may also stop (permanently or temporarily) providing any or all of the
Services to you or users generally in Eric Co.’s sole discretion, without prior
notice to you.
10. Your Use of the Services
Upon becoming a member of the Site, Eric Co. grants you permission to access and
use the Site and the Services in accordance with the following terms. You agree
to use the Services only for purposes that are permitted by these Terms and any
applicable law, regulation, generally accepted practice or guidelines in your relevant
jurisdiction.
You agree not to distribute in any medium any part of the Site, or to alter, modify
or remove any part of the Site, including any embedded technologies included on
the Site. You further agree not to engage in any activity that interferes with or
disrupts the Services (or the servers or networks which are connected to the Services).
You may only reproduce, duplicate, copy, sell, trade or resell any of the Services
offered on the Site for any purpose with the express permission of Eric Co..
You agree that you will not engage in any activity that interferes with or disrupts
the Services (or the servers and networks that are connected to the Services).
You are solely responsible for any interactions that you have with other users on
the Site, or in relation to any transaction that you conduct on the Site. Eric Co.
reserves the right, but has no obligation, to become involved in any way with disputes
between you and other users.
11. Content in the Services and Its Intellectual Property Rights
You acknowledge and agree that all material and information (such as data files,
written text, computer software, music, audio files or other sounds, designs, photographs,
drawings, videos or other images) relating to “Eric the Circle” that you may have
access to on the Site or in the provision of the Services, or arising from your
use of the Services are owned or controlled by Eric Co., except where noted otherwise
on the Site or in these Terms. All such material and information is referred to
as the Eric Co. Content in these Terms of Use. You may not modify,
adapt, rent, lease, loan, sell, distribute, or create derivative works based on
the Eric Co. Content (either in whole or part) unless you have the express consent
of Eric Co., either in these Terms of Use or otherwise.
You should be aware that, in addition to the Eric Co. Content, other content on
the Site, including sponsored content or advertising content, may be protected by
intellectual property rights which are owned or controlled by the people or corporations
who provided that Content to Eric Co. for inclusion on the Site (Non-User Content).
You may not modify, adapt, rent, lease, loan, sell, distribute, or create derivative
works based on the Non-User Content (either in whole or part) unless you have the
express consent of Eric Co. or by the owners of the Non-User Content, either in
these Terms of Use or otherwise.
You and other members of the Site may create or post their own content and post
it on the Site, or adapt or populate the Eric Co. Content and in particular may
create their own “Eric the Circle” (the User Content). User Content
that is created within the “Create” section of the Site (or any successor or replacement
section of the Site from time to time) is owned by Eric Co.. Eric Co. grants to
you a non-exclusive licence to use “Eric the Circle” module that is made available
by Eric Co. to create your own “Eric the Circle” drawing for the purposes of posting
that drawing on the Site (Your Eric the Circle) so that others may
view, comment on or adapt your Eric the Circle.
You acknowledge and agree that Eric Co. retains ownership of the intellectual property
rights in Your Eric the Circle and that Eric Co. may use, adapt, modify, exploit,
delete or remove or do any other thing commensurate with its ownership rights in
Your Eric the Circle in its absolute discretion and may also permit other users
of the Site to modify or adapt Your Eric the Circle for the purpose of posting such
modification or adaptation on the Site or any other web site, forwarding Your Eric
the Circle to third parties via any means of communication now known or created
in the future or, subject to these Terms of Use, purchase, order or design goods
which incorporate Your Eric the Circle.
Eric Co. grants to you the non-exclusive licence to use, adapt, modify or exploit
Your Eric the Circle, the User Content or any Eric Co. Content that is created by
Eric Co. and published on the Site as an “Eric the Circle” design solely for the
purposes of publishing any adaption or modification thereof to the Site, or for
purchasing, ordering or designing goods that incorporate Your Eric the Circle, User
Content or an “Eric the Circle” that is created by Eric Co.. Any other uses of Your
Eric the Circle, the User Content or the Eric Co. Content are expressly prohibited
unless expressly permitted on the Site or in these Terms.
The above rights granted to Eric Co. and to you are irrevocable and will remain
in force for so long as Your Eric the Circle, the User Content or the Eric Co. Content
exists in any form.
12. Posting of Other Content
You acknowledge and agree that, in addition to creating “Eric the Circle” users
may also post comments on Your Eric the Circle and that you may post comments on
User Content (the User Comments).
You are responsible for all User Content and User Comments that you post on or transmit
through the Site. The following User Content and User Comments are prohibited:
(a) content or comments that discloses or contains any personally identifying information
beyond a first name about any person, including posting of any email addresses or
telephone numbers;
(b) content or comments in which you impersonate another person or entity, including
comments in which you falsely claim to be a Site moderator or other official;
(c) pornographic, sexually explicit or obscene content or comments;
(d) content or comments that exploits or solicits personal information from children
or minors;
(e) content or comments that we have reason to believe was posted for malevolent
purposes, including libel, slander, defamation or harassment;
(f) content or comments that may be deemed grossly offensive to the Site community
and other users, including, but not limited to, blatant expressions of bigotry,
prejudice, racism, hatred or profanity; and
(g) content or comments promoting or providing instructional information about illegal
or illicit activities; and
(h) content or comments promoting any commercial enterprise or links away from the
Site.
User Comments and User Content must also not contain any material the intellectual
property rights in which are owned or controlled by a third party unless you have
the express permission of the owner of the relevant intellectual property rights.
User Comments must not solicit, or seek to solicit, the acquisition or sale of any
third party products or services, including through SPAM, junk mail or chain letters.
In order to protect users from such advertising or solicitation, Eric Co. reserves
the right to restrict the number of User Comments you make on the Site or the amount
of User Content that you post in any 24-hour period to a number Eric Co. considers
appropriate in its absolute discretion.
Any content that you post to the Site must not contain any viruses, malware, corrupted
files or any similar programs.
Eric Co. has the right, but not the obligation, to monitor and remove or amend any
User Comments or any other content posted to the Site. However, Eric Co.’s refusal
or failure to remove or amend any User Comments does not constitute and endorsement
of or a breach of these Terms by Eric Co. and you agree that you have no recourse
against Eric Co. in these circumstances.
13. Purchasing Policy
All products, goods and services that may be purchased from the Site are offered
through linked sites by third party vendors (Third Party Vendors).
Unless otherwise expressly stated on the Site, Eric Co. does not act as the agent
or sub-contractor to any Third Party Vendor. Eric Co. is not responsible for any
goods, products or services offered by Third Party Vendors and does not warrant
the accuracy, financial stability or viability of any Third Party Vendors
If you have purchased any goods, services or products from a Third Party Vendor,
and such goods, services or products are not received or, if received, are faulty,
then you should contact the relevant Third Party Vendor to resolve your dispute
in the first instance. If you are unable to resolve the dispute with the Third Party
Vendor, then you can contact Eric Co. and Eric Co will endeavour to contact the
Third Party Vendor to determine if the dispute can be resolved without further action.
Eric Co. does not make any representation or give any undertaking that it will,
or can, resolve a dispute. Prior to acquiring any goods, services or products, you
should familiarize yourself with the terms and conditions of sale on each Third
Party Vendor’s site.
14.Creation Rewards
You acknowledge that from time to time Eric Co. may offer your User Content for
purchase by other members or users of the Site such that your User Content may be
incorporated within goods or services offered on or through the Site. If another
user of the Site purchases your User Content and Eric Co receives any revenue from
such purchase, then Eric Co agrees to distribute a portion of that revenue (being
an amount specified on the Site from time to time) to your account in a manner set
out on the Site (User Revenue). In order to receive User Revenue from
Eric Co you may be required to set up an account with a provider such as PayPal.
Eric Co. may change the terms on which User Revenue is calculated or distributed
and may cease offering User Revenue at any time without prior notice. You agree
that you will not make any claims against Eric Co. in relation to User Revenue that
you believe is owed to you or which you allege has not been paid to you by Eric
Co. You further agree that the receipt of any User Revenue does not constitute any
ownership or other intellectual property right interest in your User Content that
is contrary to the provisions of Section 8 of these Terms of Use.
[Note: The above section is included
for illustration purposes only at this stage. It requires further thought, and probably
should be deleted from the initial version of the Terms of Use. There may be tax/income
issues associated with such a scheme (for both Eric Co and the User. Further, it
may be better for the User to offer to ‘sell’ its User Content to other Users and
for Eric Co to take a commission of any sales (as per sites such as Ebay) rather
than have Eric Co. distribute the User Content and provide the User with a commission.
We have not provided any tax advice at this stage and suggest that once the business
model for exploiting User Content becomes clearer that model be assessed for its
tax effect before it is offered to Users.]
15. Linked Sites
The Site will contain hyperlinks to websites of people or organizations other than
Eric Co.. The Site may also contain advertisements that contain hyperlinks to advertisers
websites. Those links are provided for convenience and information purposes and
may not remain current or maintained. Except as expressly stated on the Site, Eric
Co.:
(a) is not responsible for any content on those linked websites;
(b) is not responsible for any loss or damage of any nature that you may suffer
as a result of accessing any linked website from the Site; and
(c) has no control over or rights in those linked websites.
16. Disclaimers and Limitations of Liability
Eric Co. is not responsible for and makes no warranties, express or implied, as
to any Eric Co. Content, User Content other content, products, services or information
appearing on or available through the Site. Eric Co. is also not responsible for
the content, accuracy or opinions expressed on any advertisement contained on the
Site or any website linked from this Site and such websites are not necessarily
investigated, monitored or checked for accuracy or completeness by Eric Co.. Inclusion
of any advertisement on the Site or any linked website on the Site does not imply
approval or endorsement by Eric Co.
You use the Site at your own risk and acknowledge and agree that the Site and all
content on the Site are provided on an “as is” and “as available” basis. In particular,
Eric Co., and its affiliates, licensors, agents, Suppliers and contractors do not
represent or warrant that:
(a) your use of the Site will meet your requirements;
(b) the Site will be uninterrupted, error free or secure; and
(c) any information obtained from the Site by you will be accurate and reliable.
Eric Co. is not responsible for the conduct, whether online or offline, of any user
of the Site. Eric Co. assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, any Site user
communication.
Eric Co. is not liable to you or anyone else for any actual or alleged loss, liability,
claim or demand (including solicitors costs) suffered by you or made by a third
party in connection with the use of the Site or a linked website. Nothing contained
in this clause is intended to limit or replace any rights or remedies that you may
at law or have under any fair trading legislation in your jurisdiction.
17. Copyright and Trademark Policies
It is Eric Co.’s policy to respond to notices of alleged copyright infringement
and to terminate the accounts of infringers. Eric Co. respects the intellectual
property rights of others, and requires that its users do the same.
In using the Services and posting content to the Site, including Your Eric the Circle,
you must not upload, embed, post, recreate, adapt, modify, email or otherwise transmit
or make available any material that infringes the copyright, patent, trademark,
trade secret or other proprietary rights of any person or entity, except to the
extent that such adaptation or modification is of User Content and is expressly
permitted by these Terms. Eric Co. has the right to terminate your use and membership
of the Site if you breach this requirement.
You agree that all content you post to the Site, including Your Eric the Circle
(defined below under the next heading) is your original work or is your original
adaptation or modification of User Content and that any and all postings by you
on the Site will not infringe the intellectual property rights (including copyright
or trade marks) of any other person or corporation. You acknowledge that if you
post content on the Site that does breach the intellectual property rights of a
third party, then this may cause Eric Co. material damage. Accordingly, you agree
to indemnify Eric Co. and keep Eric Co. indemnified for all losses, damages, costs
and claims made against Eric Co. by persons or corporations alleging that any content
that you posted on the Site breaches the intellectual property rights of another
person or corporation. You further agree to provide Eric Co. with all assistance
and support requested by Eric Co. in answering or dealing with any claims made against
Eric Co..
If you believe that your work has been copied, altered, modified, adapted or otherwise
used in any way that constitutes an intellectual property right infringement, please
send Eric Co. a notification of claimed infringement with all of the following information:
(a) identification of the work claimed to have been infringed, or if more than one
work, a list of all works;
(b) identification of the work or works that you claim are infringing your intellectual
property rights sufficient that we can locate this work or works on the Site;
(c) information reasonably sufficient to permit us to contact you, such as an address,
an email address and a telephone number;
(d) a statement by you that the above information in your notification is accurate
and that you are the copyright owner or authorized to act on the copyright owner’s
behalf; and
When you register for the Site Eric Co. collects personal information about you.
Eric Co. may also collect personal information about you when you use the Site.
Eric Co.’s Privacy Policy sets out the collection of personal information and how
and when Eric Co. will use that personal information.
You acknowledge and agree that the Privacy Policy forms part of these Terms of Use.
The Eric Co. Privacy Policy can be found at here Privacy Policy.
19. Severability
The provisions of these Terms of Use are intended to be severable. If for any reason
any provision of these Terms of Use is held to be invalid or unenforceable in whole
or in part, such provision will be ineffective to the extent of such invalidity
or unenforceability without affecting the validity or enforceability of the remaining
provisions of these Terms of Use.
20. Governing Law
The laws of New South Wales govern these Terms of Use and you submit to the non-exclusive
jurisdiction of the courts there.
21. Questions/Queries in accompanying document
Facebook developer terms to follow in separate email. [Note: Are these to be incorporated
by reference into these Terms of Use? We are unclear about the interface between
this and Facebook.
Is Facebook only used for an entry point to the Eric site and then the User Content
is published on the User’s Facebook profile? Ie Facebook is only for uploading the
User Content (like a photo) and the Users are not developing the content in Facebook
and so are not subject to the Facebook developer terms?
Alternatively are the Users developing the Erics on Facebook and therefore actin
as developers for the purposes of the Facebook terms?
As for cafepress we have not finished that part so I can’t say whats been used or
agreed to.
Creation Reward – Creation is recognized and rewarded when Your Eric Content
is used in a specified authorized use via the site. If Your Eric content is used
in this manner and revenue is generated from this use an amount of the ensuing profit
will be credited to your user profile. At some point/limit this amount will be credited
to a Paypal account linked to the profile. The amount credited for the use of Your
Eric content will be an amount determined by Eric Co. initially determined to be
X and:
may change without notice
is discretionary
renounceable
is not subject to claims
there is no access to books
and grants or infers no other rights [See wording added in new section 11 above;
however, further thought should be given to this model before incorporating it within
the Terms of Use.]
I have read and
agree to the Terms and Conditions(*)
