.: SpitCircle Legal Statement

Welcome to the SpitCircle.com (hereafter "SpitCircle") web site. You are allowed access to this site subject to the terms and conditions set forth on this page. By using the site you agree to be bound by the terms and conditions. We reserve the right, at our discretion, to update or revise these terms and conditions at any time without notice. Please check the terms and conditions periodically for changes. Your use of this site following the posting of any changes to the terms and conditions will be deemed your acceptance of such change(s). If you do not agree with any of the following terms please do not use SpitCircle.

You agree that any linkable item is selected by your own free will and that by selecting certain items within the SpitCircle web site, various web sites may be visitied, email or instant messenger-type programs may be opened and pre-written content may be provided, and other actions may be caused. SpitCircle takes steps to ensure that no actions are carried-out without a conscious end-user input (such as, but not limited to an end-user selecting "Send" from an email client) and you agree that any such actions that result from you being on the SpitCircle web site are from your conscious choice.

SpitCircle makes no guarantees or warranties and sets forth to only serve as an outlet for sometimes questionable humor and the opinions of its content providers.

SpitCircle is not responsible for the privacy practices, humor or lack thereof, vulgarity, or content of the web sites linked on this site. Some of the sites may not be safe to view at work, so surf at your own risk.

You agree to hold SpitCircle harmless in the event of any action, legal or otherwise, that may be levied against SpitCircle due to your actions.

The content on SpitCircle shall not be construed to be factual unless there are references to factual items. Any errors in references are unintentional.

You agree that SpitCircle may delete any information that you have posted to the site or to its users. You agree that SpitCircle may capture personal information that you provide should you choose to post information to the site.

You agree that if you should post inappropriate content or materials to SpitCircle in any form, that your ISP may be contacted and any legal means to rectify any abuse may be pursued.

You agree that you shall be responsible for any legal fees should SpitCircle file suit against you or if SpitCircle is listed in a lawsuit based-upon content supplied by you to it.

If you should contact SpitCircle via any medium, you are subject to have your content posted on SpitCircle in whole or in part subject to U.S. copyright laws, an excerpt of which is provided below.

You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor under eighteen (18) years or age. SpitCircle generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, SpitCircle and its agents have the right at their sole discretion to remove any content that, in SpitCircle's judgment, does not comply with the terms and conditions herein or is otherwise harmful, objectionable, or inaccurate. SpitCircle is not responsible for any failure or delay in removing such content.

Third Party Content

Much of the information on our site is received from third parties. We cannot be responsible for ensuring that the information they provide us is accurate or that it does not infringe the rights of someone else. By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:

1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates SpitCircle's rules or policies;

2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

3. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

5. contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, province, or country of residence.

Request for Content Removal

To request removal of content found on this site, please submit a request to email@spitcircle.com. The request for removal must include all of the following:

1. Identification of the right that you claim has been violated;

2. A description of the material that you claim should be removed;

3. A clear description of where the material is located on our web site, including its URL, so that we can locate the material;

4. Your address, telephone number, and e-mail address; and

5. A statement by you that you agree to provide SpitCircle with any additional information or proof that we reasonably request.

If you disagree with these terms and conditions, you must immediately cease to visit the SpitCircle web site and immediately cease any and all communication with SpitCircle. Failure to cease visiting the web site or to cease any and all communication shall be your admission to harassment and may be pursued as such.

LIABILITY DISCLAIMER

The information, software, products, services and other material included in or available through SpitCircle may not be complete, and may include inaccuracies or typographical errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via SpitCircle should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals.

Your access to and use of SpitCircle, and products and services of SpitCircle, is at your own risk. SpitCircle, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of SpitCircle, or such products or services. SpitCircle makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the information contained within, or such products or services. Without limiting the foregoing, SpitCircle AND/OR ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON SpitCircle FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SpitCircle AND/OR ITS RESPECTIVE SUPPLIERS AND AFFILIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SpitCircle AND/OR ITS SUPPLIERS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SpitCircle OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE SpitCircle OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH SpitCircle, OR OTHERWISE ARISING OUT OF THE USE OF SpitCircle, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SpitCircle OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SpitCircle, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SpitCircle AND ITS RELATED SERVICES.

You agree to defend, indemnify and hold SpitCircle harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with SpitCircle.

COPYRIGHT

The exerpt below is from the U.S. Copyright Office FAQ.

47. How much of someone else's work can I use without getting permission?

Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentages of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See Circular 21 and FL 102.

The exerpt below is from the Fair Use provision of US Copyright Law from the Library of Congress.

107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

These terms and conditions may be changed at any time and without notice.