User Agreement
These Terms of Use govern use of the websites, content and community services
offered through http://www.circuitsage.com (“the Site”). You (the user) agree to access the Site,
subject to the terms and conditions of use as set out here.
Circuit Sage may add to or change or update these Terms of Use, from time to
time entirely at its own discretion. You are responsible for checking these
Terms of Use periodically to remain in compliance with these terms. Your use of
the Site after any amendment to the Terms of Use shall constitute your
acceptance of these terms and you also agree to be bound by any such
changes/revisions.
Changes
Circuit Sage reserves the right to suspend / cancel, or discontinue any or all
channels, products or service at any time without notice, and to make
modifications and alterations in any or all of the content, products and
services contained on the site without prior notice.
Charges
Circuit Sage reserves the right to charge subscription and / or membership fees
from a user, by giving reasonable prior notice, with respect to any product,
service or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all
material presented on the site (including but not limited to text, audio, video
or graphical images), trademarks and logos appearing on this site are the
property of Times Internet Limited, its parent, affiliates and associates and
are protected under applicable Californian laws. You agree not to use any
framing techniques to enclose any trademark or logo or other proprietary
information of Circuit Sage; or remove, conceal or obliterate any copyright or
other proprietary notice or any credit-line or date-line on other mark or
source identifier included on the Site / Service, including without limitation,
the size, color, location or style of all proprietary marks. Any infringement
shall be vigorously defended and pursued to the fullest extent permitted by
law.
Limited Permission to Copy
Circuit Sage grants you permission to only access and make personal use of the
Site and you agree not to directly or indirectly download or modify / alter /
change / amend / vary / transform / revise / translate / copy / publish /
distribute or otherwise disseminate any content on Circuit Sage’s Site /
Service, or any portion of it; or delete or fail to display any promotional
taglines included in the Site / Service either directly or indirectly, except
with the express written consent of Circuit Sage. However, you may print or
download extracts from these pages for your personal / individual, use only.
You must not retain any copies of these pages saved to disk or to any other
storage medium except for the purposes of using the same for subsequent viewing
purposes or to print extracts for personal / individual use.
Circuit Sage forbids you from any attempts to resell or put to commercial use
any part of the Site; any collection and use of any product listings, descriptions,
or prices; any derivative use of the Site or its contents; any downloading or
copying of account information for the benefit of any other merchant; any
renting, leasing, or otherwise transferring rights to the Site / Service;
displaying the name, logo, trademark or other identifier of another person
(except for circuitsage.com or you) in such a manner as to give the viewer the
impression that such other person is a publisher or distributor of the Service
on the Site, or any data gathering or extraction tools; or any use of meta
tags. You may not (whether directly or through the use of any software program)
create a database in electronic or structured manual form by regularly or
systematically downloading and storing all or any part of the pages from this
site.
No part of the Site may be reproduced or transmitted to or stored in any other
web site, nor may any of its pages or part thereof be disseminated in any
electronic or non-electronic form, nor included in any public or private
electronic retrieval system or service without prior written permission.
Requests to republish Circuit Sage’s material for distribution should be
addressed to Circuit Sage Syndication Services at E-Mail - css@circuitsage.com .
Individual Registration, Access and Exchange of Information
For certain services such as email, personal web pages, contests and shopping,
registration by the visitor is required. To register for these services you
have to open an account by completing the registration process (i.e. by
providing us with current, complete and accurate information as prompted by the
applicable registration form). You also will choose a password and a user name.
You are entirely responsible for maintaining the confidentiality of your
password and account. By registering, you agree to the following terms in
addition to any other specific terms which shall be posted at an appropriate
location of the Site. Each registration is for a single individual user only.
To access these services, you will be asked to enter your individual User Name
and Password, as chosen by you during your registration. Therefore, we do not
permit any of the following:-
• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed
by individuals who have not registered with Circuit Sage as users of the Site;
or
• Access through a single account and Password being made
available to multiple users on a network.
If Circuit Sage reasonably believes that an account and Password is being used
/ misused in any manner, Circuit Sage shall reserve the right to cancel access
rights immediately without notice, and block access to all users from that IP
address.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to notify Circuit Sage immediately of any
unauthorized use of your account or any other breach of security. Circuit Sage
will not be liable for any loss that you may incur as a result of someone else
using your password or account. However, you could be held liable for losses
incurred by Circuit Sage or another party due to someone else using your
account or password.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any Circuit Sage’s server, or the network(s) connected to
any Circuit Sage server, or interfere with any other party's use and enjoyment
of any Services. You may not attempt to gain unauthorized access to any
Services, other accounts, and computer systems or to any of the Services,
through hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the Services.
Material Posted/transmitted at Circuit Sage’s Site
All information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials (“Content”), whether publicly or privately
transmitted / posted, is the sole responsibility of the person from where such
content is originated (the Originator). By Posting any material which contain
images, photographs, pictures or that is otherwise graphical in whole or in
part ("Images"), you warrant and represent that (a) you are the
copyright owner of such Images, or that the copyright owner of such Images has
granted you permission to use such Images or any content and/or images
contained in such Images consistent with the manner and purpose of your use and
as otherwise permitted by these Terms of Use and the Services, (b) you have the
rights necessary to grant the licenses and sublicenses described in these Terms
of Use, and (c) that each person depicted in such Images, if any, has provided
consent to the use of the Images as set forth in these Terms of Use, including,
by way of limitation, the distribution, public display and reproduction of such
Images.
You represent that you have valid rights and title in any and all
Content/Images that you submit on the Site, that you have not infringed on any
intellectual property rights (“IPR”) belonging to any party and further that
you will indemnify Circuit Sage or its affiliates for all claims arising out of
any content that you post on the Site.
Circuit Sage accepts no responsibility for the said Content / Images. However, you
understand that all Content / Images posted by you becomes the property of
Circuit Sage and you agree to grant/assign to Circuit Sage and its affiliates,
a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content / Images (in whole or part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed throughout the world.
Exchange of Information qua CHAT & other Community Services
You represent that you are a responsible adult (age 18 years or above) and you
shall be solely responsible for all Content that you upload post or otherwise
transmit.
Circuit Sage endeavors to provide a web platform for various community
interactions for persons to interact and exchange views with each other. The
content posted on such services is by the general public and therefore the
accuracy, integrity or quality of such content cannot be guaranteed. You
understand that by using such services, you may be exposed to objectionable
matter.
By using the facility of chat and other community services you agree not to
upload, post, or otherwise transmit any matter or views, which are, defamatory,
abusive, pervasive, obscene, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable. You may also not indulge in
cyber stalking, become or create a nuisance for any visitor / user of the Site.
You may not send, submit, post, or otherwise transmit, material or messages
that contain software virus, or any other files that are designed to interrupt,
destroy, and negatively affect in any manner whatsoever, any electronic
equipment in connection with the use of this Site, or other user's ability to
engage in real time exchanges.
Limitations of Liabilities
Any transactions relating to sale/purchase of goods or services not directly
offered by Circuit Sage are to be settled inter-se between the parties to such
transaction and all warranties express or implied of any kind, regarding any
matter pertaining thereto, including without limitation the implied warranties
of merchantability, fitness for a particular purpose, and non-infringement are
disclaimed by Circuit Sage. Circuit Sage merely endeavors to provide a platform
where you and other party may interact, exchange information or carry out
sale/purchase transactions on such terms and in the manner mutually agreed
between you and the other party. Circuit Sage does not have any involvement in
the actual transactions between the buyers and sellers in any way. It is only
you, who is entirely responsible for all the activities, arising out of the
transactions of sale/purchase of goods or services offered by any other party
and not Circuit Sage. Circuit Sage will not be liable for any loss that you may
incur, while selling or purchasing goods /services of the third party.
Under No circumstances will Circuit Sage be held responsible or liable, in any way,
for any content which in Legal opinion is derogatory, threatening, defamatory,
obscene or offensive or offends public sensibilities or morals and shall also
not assume liability 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 or uploaded on the Site, or any infringement of another's rights,
including intellectual property rights. You specifically agree that Circuit
Sage is not responsible for any content sent using and/or included in Circuit
Sage’s site/service by any third party.
Termination of Account
Circuit Sage reserves its right to refuse service, restrict, suspend, terminate
your account; (Terminate this Agreement; Terminate or suspend your access to
the Circuit Sage’s Web Sites; Refuse, move or remove for any reason any Content
/ Image that you submit on or through the Services; Refuse, move, or remove any
Content / Image that is available on or through the Services; Deactivate or
delete your accounts and all related information and files in your account;
Establish general practices and limits concerning use of the Services) at any
time and, remove or edit contents or cancel orders (entered by you) in its sole
discretion with or without cause, and with or without any prior notice for any
violation of the Terms of Use. Upon such termination or suspension, your right
to use the Circuit Sage’s Web Sites will immediately cease.
You can also terminate your account at any time but your information may remain
stored in archive on our servers even after the deletion or the termination of
your account.
User Conduct and Obligations
You hereby agree and assure Circuit Sage that the Site/Services shall be used
for lawful purposes only and that you will not violate laws, regulations,
ordinances or other such requirements of any applicable Central, State or local
government or any other international laws. You further concur that you will
not, through Site/Service:
•
post, distribute, or otherwise make available or transmit any
software or other computer files that contain a virus trojan horses, time
bombs, bots, botnets, malicious content, content theft, data manipulation,
threats or any other harmful programs or elements or component;
•
delete from the Site any legal notices, disclaimers, or
proprietary notices such as copyright or trademark symbols, or modify any logos
that you do not own or have express permission to modify;
•
not use the Site / Service in any manner that could damage,
disable, overburden, or impair and not to undertake any action which is harmful
or potentially harmful to any Circuit Sage’s server, or the network(s),
computer systems / resource connected to any Circuit Sage server, or interfere
with any other party's use and enjoyment of the Site/Service;
•
obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Site/Service;
• engage in any activity that causes / may
harm minors; or
• perform any activity which is likely to cause
such harm;
•
impersonate any person or entity, including, but not limited to,
Circuit Sage’s official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
•
take any action which encourages or consists of any threat of harm
of any kind to any person or property;
•
carry out any "denial of service" (DoS, DDoS) or any
other harmful attacks on application or internet service ;
•
make any inappropriate, illegal or otherwise prohibited
communication to any Newsgroup, Mailing List, Chat Facility, or other Internet
Forum;
•
use the Site/Service for illegal purposes;
•
disrupt, place unreasonable burdens or excessive loads on,
interfere with or attempt to make or attempt any unauthorized access to any
Circuit Sage website or the website of any Circuit Sage’s customer;
•
Transmit through the Site, any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially,
ethnically or otherwise objectionable material of any kind or nature. This
includes text, graphics, video, programs or audio, etc.;
• collect or attempt to collect personally
identifiable information of any person or entity without their express written
consent and you shall maintain records of any such written consent throughout
the terms of this agreement and for a period of 2 years thereafter;
•
engage in antisocial, disruptive, or destructive acts, including
"flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly
understood and used on the Internet
• forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted through
the Site.
• upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," duplicative messages or any other form of
solicitation.
• encumber or suffer to exist any lien or
security interest on the subject matter of this Agreement; or
• make any representation or warranty on
behalf of Circuit Sage.
•
You agree not to post, distribute, transmit or otherwise make
available any data, text, message, computer file, or other material that
infringes and/or violates any right of a third party or any domestic or
international law, rule, or regulation, including but not limited to:
• infringement of any copyright, trademark,
patent, trade secret, or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and the unauthorized transmittal of
copyrighted software;
• Right of privacy (specifically, you must not
distribute another person's personal information of any kind without their
express permission) or publicity;
• Any confidentiality obligation.
Disclaimer of Warranties and Liability
Circuit Sage and its parent,
affiliates and associates shall not be liable, at any time for any, direct,
indirect, punitive, incidental, special, consequential damages (including,
without limitation, damages for loss of business projects, damage to your
computer system or damages for loss of profits, damages for loss of use, data
or profits, arising out of or in any way connected with the use or performance
of the Circuit Sage’s sites/services, with the delay or inability to use the
Circuit Sage’s sites/services or related services, the provision of or failure
to provide services, or for any information, software, products, services and
related graphics obtained through the Circuit Sage sites/services, or otherwise
arising out of the use of the Circuit Sage sites/services) arising in contract,
tort or otherwise from the use of or inability to use the Site, or any of its
contents, or from any act or omissions a result of using the Site or any such
contents or for any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communications line failure, theft or destruction or unauthorized access to,
alteration of, or use of information contained on the site. No representations,
warranties or guarantees whatsoever are made by Circuit Sage as to the (a)
accuracy, adequacy, reliability, completeness, suitability or applicability of
the information to a particular situation; (b) that the service will be
uninterrupted, timely, secure, or error-free; (c) the quality of any products,
services, content, information, or other material purchased or obtained from
the website will meet your expectations or requirements; or (d) that any errors
in the website will be corrected.
Links to Other Sites
All the contents of this Site are only for general information or use. They do
not constitute advice and should not be relied upon in making (or refraining
from making) any decision. Any specific advice or replies to queries in any
part of the Site is/are the personal opinion of such
experts/consultants/persons and are not subscribed to by this Site. The
information from or through this site is provided on "AS IS" basis,
and all warranties and conditions, expressed or implied of any kind, regarding
any matter pertaining to any goods, service or channel, including without
Certain links on the Site lead to resources located on servers maintained by
third parties, these sites of third party(s) may contain Circuit Sage’s-logo,
please understand that it is independent from Circuit Sage, over whom Circuit
Sage has no control or connection, business or otherwise as these sites are
external to Circuit Sage. You agree and understand that by visiting such sites
you are beyond the Circuit Sage’s website. Circuit Sage, therefore neither
endorses nor offers any judgment or warranty and accepts no responsibility or
liability for the authenticity, availability, suitability, reliability,
accuracy of the information, software, products, services and related graphics
contained, of any of the goods/services/or for any damage, loss or harm, direct
or consequential or any violation of local or international laws that may be
incurred by your visit and/or transaction/s on these site(s), as the same is
provided on "as is" without warranty of any kind. Circuit Sage gives
no warranty and makes no representation whether expressed or implied, that the
information contained in this site is error free. Circuit
Sage shall not be responsible neither be liable for any consequential damages
arising on account of you’re relying on the contents
of the advertisement. Before relying on the material, users should
independently verify its relevance for their purposes, and should obtain any
appropriate professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. Circuit
Sage accepts no responsibility for the content, accuracy, conformity to
applicable laws of such material. You will indemnify and hold harmless Circuit
Sage against all third party claims, demands and actions brought against Circuit
Sage which arises from or relates to the material submitted by you.
Advertising Material
Part of the Site contains advertising information or promotion material or
other material submitted to Circuit Sage by third parties. Responsibility for
ensuring that material submitted for inclusion on Site complies with applicable
International and National law is exclusively on the party providing the
information/material. Your correspondence or business dealings with, or
participation in promotions of, advertisers other than Circuit Sage found on or
through the Website, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser.
Circuit Sage will not be responsible or liable for any claim, error, omission,
inaccuracy in advertising material or any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
non-Circuit Sage advertisers on the Site. Circuit Sage reserves the right to
omit, suspend or change the position of any advertising material submitted for
insertion. Acceptance of advertisements on the Site will be subject to these
terms and conditions.
Data Protection
Circuit Sage may send information and offer products and services to you from
time to time. For further details relating to our policy relating to such offer
please refer to our privacy statement. Notwithstanding the foregoing, Circuit
Sage reserves the right to disclose any information in response to / that it is
required to be shared, disclosed or make made available to any governmental,
administrative, regulatory or judicial authority under any law or regulation
applicable to Circuit Sage.
Further, Circuit Sage can (and you authorize Circuit Sage to) disclose your
name, street address, city, state, zip code, country, phone number, email, and
company name to Intellectual Property right's owners, as we in our sole
discretion believe necessary or appropriate in connection with an investigation
of fraud, intellectual property infringement, piracy, or other unlawful
activity.
Relationship
None of the provisions of the User Agreement shall be deemed to constitute a
partnership or agency between you and Circuit Sage and you shall have no
authority to bind Circuit Sage in any manner, whatsoever.
Force Majeure
Circuit Sage shall have no liability to you for any interruption or delay, to
access the Site irrespective of the cause.
California Law
The Agreement shall be governed by the Laws of the State of California. The
Courts of law in the State of California shall have exclusive jurisdiction over
any disputes arising under this agreement.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e.
racist, sexist or threatening. Messages using inappropriate language will also
be removed. We do not wish to be censors, but our forums must remain civilized
and respect the rights of others.
Limited time to bring your claim
You and Circuit Sage agree that any cause of action arising out of or related
to the Site, only, must commence within one (1) year after the cause of action
accrues otherwise, such cause of action will be permanently barred.
Acceptance of Privacy Policy
By using Circuit Sage’s Sites and Services, you signify your acceptance of this
Privacy Statement. If you do not agree or are not comfortable with any policy
described in this Privacy statement, your only remedy is to discontinue use of
the Site. We reserve the right, to modify this Privacy Statement at any time.
General Terms
Rights and obligations under the Terms which by their nature should survive
will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms
will not create a continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government,
or by any court or arbitrator, the parties agree that such provision will be
replaced with a new provision that accomplishes the original business purpose,
and the other provisions of the Terms will remain in full force and effect.
Notice of Copyright Infringement
Circuit Sage is not liable for any infringement of copyright arising out of
materials posted on or transmitted through the site, or items advertised on the
site, by end users or any other third parties. Our policy is to comply with all
Intellectual Property Laws and to act expeditiously upon receiving any notice
of claimed infringement. If you believe that your work has been reproduced on
this website in a manner that constitutes copyright infringement, please
provide a notice of copyright infringement containing all of the following
information:
(a) A physical or electronic signature of a person
authorized to act on behalf of the copyright owner for the purposes of the
complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be
infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e) 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.
(f) A statement, under penalty of perjury, that the information in the notice
of copyright infringement is accurate, and that the complaining party is
authorized to act on behalf of the owner of the right that is allegedly
infringed.
All notices of copyright infringement should be sent to:
notice@circuitsage.com
Copyright Notice
Copyright ©2008 Circuit Sage LLC. All rights reserved.
This disclaimer/terms of service notification is
subject to change without notice.