Last Updated: October 6, 2010
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WWW.CIRCUSLAND.COM/VIDEO WEBSITE OR RELATED SERVICES.
Welcome to Circusland.com/Video, operated by Circusland, LLC ("Circusland", "we" or "us"). By using the services offered on or through www.circusland.com (the "Circusland Site") you are agreeing to the terms and conditions set forth below (the "Terms of Use" or "TOU"). We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. You can always check out the most current version of these Terms of Use at this page. You can determine when these Terms of Use was last revised by referring to the "Last Updated" legend at the top of these Terms of Use.
In addition to these Terms of Use, your use of the Circusland Site and/or Services is governed by our Privacy Policy. You agree to Circuslands collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using particular Services (as defined below), you will be subject to any posted terms or guidelines applicable to such services, and any other terms or conditions applicable to Services provided by or in conjunction with any of Circuslands content and service partners. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Use.
If you do not understand and agree to these Terms of Use, please do not use the Circusland Site or any Services (as defined below), and do not register to be a member of Circusland. If you have any questions or concerns regarding these Terms of Use, please let us know by contacting us here. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Use.
The Circusland Site offers a multi-purpose service, with both free membership options, which allows you to, among other things, add and share both high- and standard-definition video footage; send messages to other members; post comments about videos, add other members as contacts; create and moderate "channels" based around specific interests, and add any members to "friends".
Services may be offered by CIRCUSLAND itself, or by a third party partner/service provider. Unless otherwise stated, these Terms of Use apply to all Services. All content and additional or replacement services made available through the Circusland Site that were not made available as of the "Last Updated" date above shall automatically be deemed to be part of the "Services" when first made available through the Circusland Site.
Use of the Services; Eligibility; Grant of Limited License
You may access the Circusland Site and use the Services for non-commercial purposes only. Use of the Services is void where prohibited. By accessing or otherwise using the Circusland Site and/or Services, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Use, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Use; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
You must be an individual of 14 years of age or older to register or use the Services. If you are not yet 14 years old, do not use the Services. Notwithstanding anything to the contrary herein, to access, subscribe to, download, view and/or otherwise use the Circusland Site or Services for any "Mature" material, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading, viewing and/or otherwise accessing such "Mature" portion(s) of the Vimeo Site, you certify that you are at least eighteen (18) years of age.
If you are at least 14 but not yet 18 years of age: Please have your parents or legal guardian review these Terms of Use with you, discuss any questions you might have, and give you their permission to register and use the Services with both your and their full understanding of these Terms of Use. By using the Services, you are confirming for us that you and your parent or guardian have joined in this agreement.
If you are a parent or guardian: Parents and guardians are advised to exercise supervision over their childrens on-line activities. If you do not agree to these Terms of Use, do not let your child use the Services. If you have any further questions about our Services, please contact us. If you are the parent or guardian of a child under 14 and believe that he or she is using the Services, please contact us.
Notice to parents/guardians: Portions of the Circusland Site include user-generated-content, some of which contains "Mature" material which may comprise nudity or mature subject matter. Circusland assumes no responsibility for filtering or monitoring the content viewed by its members; accordingly minor members parents or guardians shall be solely responsible for filtering and/or monitoring their childs use of the Circusland Site and/or Services.
We reserve the right, at any time, to: (a) modify or discontinue some or all of the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted (which may vary depending on membership level), and (iii) restricting or terminating any users right to use the Services, with or without notice; (b) charge fees in connection with the use of all or part of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to these TOU will constitute your acceptance of such changes
Registration, Membership
In order to use certain Services, you must become a registered user of the Circusland Site. You agree that Circusland Site user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property, etc . Please note that your user name may be viewed by the public, so you should not choose a user name that personally identifies you.
If you elect to register to use the Services, utilize the Circusland Site and/or participate in any CIRCUSLAND promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the CIRCUSLAND registration form and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or CIRCUSLAND has reasonable grounds to suspect that such is the case, CIRCUSLAND has the right to suspend or terminate your account (including paid, membership accounts) and refuse any and all current or future use of the Circusland Site and/or Services (or any portion thereof).
In addition to any other Registration Data, to register on the Circusland Site you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Profile Page
When you register for a Circusland Site account, a profile page will automatically be created for you and certain Registration Data will automatically be pre-populated in your profile page, including user name, profile image, the date you registered as a Circusland Site user, and your gender. You may choose to add information (such as interests, personal description and location) to or delete certain information from your profile page, but your user name and the date you registered as a Circusland Site user are required information for your profile page. Your profile page will also automatically display activity and any materials you have submitted via the Add Embed Code service and marked "Broadcasting" as "Public". Please note that your profile page (including any comments that may have been left for you) may be viewed by other users, so you should not include any information in your profile page that you do not want others to see.
Material Storage; Termination of Inactive Accounts
A accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days. In the event of a suspension or deletion of an account, materials (whether videos, still images, posts, submissions or other communications) may no longer be accessible.
Accounts may be archived, or materials may be purged at such time intervals as CIRCUSLAND or its third party service provider(s) (Youtube.com, Vimeo.com e.t.c.) determine in their sole discretion. Some materials may not be stored, served or processed due to space constraints, serving/bandwidth limitations or disruptions in the system(s). You agree that CIRCUSLAND is not responsible or liable for the deletion or failure to store, serve or process any materials or other information.
Privacy Policy
Pursuant to CIRCUSLANDs Privacy Policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the Services. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Service. For more information, please see our full Privacy Policy.
Channels & Comments
CIRCUSLAND offers users the ability to create "channels" focused on a particular area of interest. You may make "comments" throughout the Circusland Site, sharing your opinions about others content or send messages to individual users, as applicable. Channels, comments and friend requests are offered for, non-commercial use only. You shall not, without CIRCUSLANDs express written approval, distribute or otherwise publish via any of the Services any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
As with all Services, your privilege to create channels, make comments is dependent on your continued compliance with these Terms of Use, specifically including the COMMUNITY STANDARDS AND CONDUCT policy below. CIRCUSLAND may revoke your privileges, terminate your registration/account, delete your embed code or take any other measures deemed by CIRCUSLAND to be appropriate, in its sole discretion, to enforce these Terms of Use if violations are brought to our attention. You agree that CIRCUSLAND may change, remove or replace any channel or category name for any reason. We may refuse to grant you, and you may not use, a CIRCUSLAND channel or user name that is already being used by someone else; that may be construed as impersonating a company or another person; that belongs to a company or another person; that violates the intellectual property or other rights of any entity or person; that is offensive; or that we reject for any other reason. Please note that channel and may be viewed by the public, so you should not choose a channel that personally identifies you.
A NOTE ABOUT COMMUNICATION PRIVACY: You should consider all communications to be public and not private communications. Although CIRCUSLAND reserves the right to remove without notice any posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.
Added Video
Videos that you added or otherwise transmit to CIRCUSLAND through the Services shall at all times remain your sole and exclusive property or use of such right should be authorised to you . As such, you shall be solely responsible for your videos and the consequences of their posting or publication on or via the Services.
By submitting your video(s), you hereby grant CIRCUSLAND and its affiliates, successors and assigns a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works to the extent necessary to make video content compatible with any Circusland Services), revocable upon removing the video from Circusland, to use, copy, transmit or otherwise distribute, perform, modify, incorporate into other works, publicly perform and display your videos or any portion thereof, in or through any medium, whether now known or hereafter created. Circusland shall also be entitled to use clips of any video that has not been designated "private" for the purpose of promoting the Circusland Site or Services, without compensation to the submitter; however, Circusland will not use your videos for any other commercial purposes without obtaining your prior approval.
You also grant each user (or specified users, if a video is designated "private") of the Circusland Site or Services a limited, non-exclusive, non-transferable, personal and non-commercial license to access and view your video through the Circusland Site or any other access point authorized by you and/or CIRCUSLAND. This right to access and view your video shall include, solely to the extent necessary, the right to copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your video. Unless designated "private," all video uploads will be deemed public information. No video upload shall be subject to any obligation of confidence on the part of CIRCUSLAND, and CIRCUSLAND shall not be liable for any use or disclosure of any video.
When you remove or otherwise delete a video from the Services, the licenses granted by you to CIRCUSLAND and the Circusland Site users shall terminate within a commercially reasonable time. You understand and agree, however, that CIRCUSLAND may retain (but not display, distribute, or perform) server copies of videos that have been removed or deleted, and that CIRCUSLAND shall have no obligation to attempt to remove from distribution any of your videos that are otherwise publicly available through the Internet or other publicly accessible medium.
All added video are governed by these Terms of Use.
By uploading or otherwise submitting a video or Submission, you waive the right to make any claim against CIRCUSLAND, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the video or Submission, including, but not limited to, unfair competition, intellectual property infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights, so-called "droits morales" and any right of attribution you may have in any materials uploaded or sent to us by you.
You represent and warrant that your video or Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for CIRCUSLAND, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your video or Submission by means of the Services in order to keep that information true, accurate, current and complete, as necessary.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize CIRCUSLAND to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your video or Submission to enable inclusion and use of the video or Submission in the manner contemplated by this TOU; and (ii) you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in the video or Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the video or Submission in the manner contemplated by these Terms of Use.
CIRCUSLAND does not and cannot review all videos or Submissions posted to or created by users accessing the Services (including, but not limited to, the Circusland Site), and is not in any manner responsible for the content of these videos, communications, comments or postings, or the activities of Circusland.com users.
You acknowledge that by providing you with the ability to view and distribute user-generated-content through the Services (including, but not limited to, the Circusland Site), CIRCUSLAND is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability relating to the content or the users activities. Accordingly, CIRCUSLAND does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. CIRCUSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Circusland Site for inappropriate content. You understand that by using the Circusland Site or Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will CIRCUSLAND be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Circusland Site or Services. CIRCUSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Notwithstanding the foregoing, CIRCUSLAND reserves the right to (i) monitor some, all, or no areas of the channels, posts, comments for adherence to these or other rules that may be published from time to time; and (ii) block or remove videos, comments, postings, Submissions or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to CIRCUSLAND, in its sole discretion.
Disclaimers of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. CIRCUSLAND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.
WITHOUT LIMITATION, CIRCUSLAND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING EMAILS, SUBMISSIONS, CONTENT OR OTHER MATERIALS OR COMMUNICATIONS SENT VIA THE SERVICES, IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM CIRCUSLAND PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CIRCUSLAND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CIRCUSLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE CIRCUSLAND SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE CIRCUSLAND SITE. IN NO EVENT SHALL CIRCUSLANDS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CIRCUSLAND SITE.
You acknowledge and agree that CIRCUSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by CIRCUSLAND. You acknowledge and agree that CIRCUSLAND and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the Services provided by any other user of the Circusland Site or any third party licensors or suppliers of CIRCUSLAND.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CIRCUSLAND, LLC, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE CIRCUSLAND SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY CIRCUSLAND OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Intellectual Property
You acknowledge that the CIRCUSLAND Site and Services contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All CIRCUSLAND-generated Content and Content provided to CIRCUSLAND by its partners and licensors is copyrighted individually and/or as a collective work under the copyright laws; further, CIRCUSLAND owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the Circusland Site as a whole. Subject to your compliance with the TOS, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Use. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited.
The CIRCUSLAND logo(s) are the exclusive property of Circusland, LLC. or its affiliates. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Third Party Intellectual Property; Copyright Notifications
CIRCUSLAND respects the intellectual property of others, and we ask our users to do the same. VIMEO may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. CIRCUSLAND will remove infringing materials in accordance with the Copyright Act if properly notified that content infringes copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notification containing all of the requisite information.
Similarly, if you believe that your work has been removed or disabled by mistake or misidentification, please provide us with a written counter-notification containing all of the requisite information.
Governing Law
You agree that the Circusland Site (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over CIRCUSLAND or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the Russian Federation. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the municipal or federal courts located in Moscow (Russian Federation) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
These Terms of Use (and any further policies or documents incorporated by reference herein) constitute the entire understanding between CIRCUSLAND and users of the Circusland Site and Services concerning the subject matter hereof and may not be modified except by revised Terms of Use posted by CIRCUSLAND.
No failure or delay by CIRCUSLAND in exercising any right or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without CIRCUSLANDs prior written consent.
The End.