Terms

Terms And Conditions

Buyacircle.com Terms Of Use Agreement

Revised January, 18, 2007

Buyacircle.com is a web based service that allows Members to create unique personal profiles, View-Upload Videos, Chat,
Purchase Custom Circle Car Wear. The services offered by buyacircle.com ("buyacircle.com" or "we") include the
buyacircle.com website (the "buyacircle.com Website"), the buyacircle.com Internet messaging service, and any other
features, content, or applications offered from time to time by buyacircle.com in connection with the buyacircle Website
(collectively, the "Buyacircle Services"). The buyacircle Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the buyacircle Services. By
using the buyacircle Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that
you simply browse the buyacircle Website) or you are a "Member" (which means that you have registered with
buyacirle.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the buyacircle Services
(regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do not agree with it, you should leave the buyacircle Website and
discontinue use of the buyacircle Services immediately. If you wish to become a Member, communicate with other Members
and make use of the buyacircle Services, you must read this Agreement and indicate your acceptance during the
Registration process.

This Agreement includes buyacircle.com's policy for acceptable use of the buyacircle Services and Content posted on the
buyacircle Website, your rights, obligations and restrictions regarding your use of the buyacircle Services and
buyacircle.com's Privacy Policy. In order to participate in certain buyacircle Services, you may be notified that you are
required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by
the additional terms and conditions applicable to the buyacircle.com Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at:
privacy@buyacircle.com, Subject: Terms of Use Agreement.

Buyacircle.com may modify this Agreement from time to time and such modification shall be effective upon posting by
Buyacircle.com on the Buyacircle Website. You agree to be bound to any changes to this Agreement when you use the
Buyacircle Services after any such modification is posted. It is therefore important that you review this Agreement regularly
to ensure you are updated as to any changes.

Please choose carefully the information you post on Buyacircle.com and that you provide to other Users. Your
Buyacircle.com profile,Posts may not include the following items: telephone numbers, street addresses, last names, and
any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information provided by other Buyacircle.com Members (for instance,
in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and
buyacircle.com assumes no responsibility or liability for this material. If you become aware of misuse of the buyacircle
Services by any person, please contact buyacircle.com or click on the "Report Inappropriate Content" link at the bottom of
any buyacircle.com page.

Buyacircle.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private
messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Buyacircle Services at any
time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the Buyacircle Services is void where prohibited. By using the Buyacircle Services,
you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Buyacircle Services does not
violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 14 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Buyacircle Services or are a Member. You
may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account
Settings page. Buyacircle.com may terminate your Membership at any time, without warning. Even after Membership is
terminated, this Agreement will remain in effect.
3. Fees. You acknowledge that buyacircle.com reserves the right to charge for the Buyacircle Services and to change its
fees from time to time in its discretion. If buyacircle.com terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password
of another Member at any time or to disclose your password to any third party. You agree to notify buyacircle.com
immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible
for any and all use of your account.
5. Non-commercial Use by Members. The buyacircle Services are for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are specifically endorsed or approved by
Buyacircle.com. Illegal and/or unauthorized use of the Buyacircle Services, including collecting usernames and/or email
addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing
of or linking to the Buyacircle.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized use of the Buyacircle Services.
6. Proprietary Rights in Content on MySpace.com.
1. Buyacircle.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works,
works of authorship, or any other materials (collectively, "Content") that you post to the Buyacircle Services. After posting
your Content to the Buyacircle.com Services, you continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or
through the Buyacircle Services, you hereby grant to buyacircle.com a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on and through the Buyacircle Services.

Without this license, Buyacircle would be unable to provide the Buyacircle Services. For example, without the right to
modify Member Content, Buyacircle.com would not be able to digitally compress music files that Members submit or
otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content,
Buyacircle.com could not allow Users to listen to music posted by Members. The license you grant to Buyacircle.com is
non-exclusive (meaning you are free to license your Content to anyone else in addition to Buyacircle.com), fully-paid and
royalty-free (meaning that Buyacircle.com is not required to pay you for the use on the Buyacircle Services of the Content
that you post), sublicensable (so that Buyacircle.com is able to use its affiliates and subcontractors such as Internet
content delivery networks to provide the buyacircle.com Services), and worldwide (because the Internet and the Buyacircle
Services are global in reach). This license will terminate at the time you remove your Content from the Buyacircle Services.
The license does not grant Buyacircle.com the right to sell your Content, nor does the license grant Buyacircle.com the
right to distribute your Content outside of the buyacircle Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Buyacircle Services or
otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the
Buyacircle Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted
by you to or through the Buyacircle Services.
3. The Buyacircle Services contain Content of MySpace.com ("Buyacircle.com Content"). Buyacircle.com Content is
protected by copyright, trademark, patent, trade secret and other laws, and Buyacircle.com owns and retains all rights in
the Buyacircle.com Content and the Buyacircle Services. Buyacircle.com hereby grants you a limited, revocable,
non-sublicensable license to reproduce and display the Buyacircle.com Content (excluding any software code) solely for
your personal use in connection with viewing the Buyacircle Website and using the Buyacircle Services.
4. The Buyacircle Services contain Content of Users and other MySpace.com licensors. Except for Content posted by you,
you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the Buyacircle Services.
7. Content Posted.
1. MySpace.com may delete any Content that in the sole judgment of Buyacircle.com violates this Agreement or which may
be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MySpace.com assumes no
responsibility for monitoring the Buyacircle Services for inappropriate Content or conduct. If at any time Buyacircle.com
chooses, in its sole discretion, to monitor the Buyacircle Services, Buyacircle.com nonetheless assumes no responsibility
for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the
User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Buyacircle.com Services, and any
material or information that you transmit to other Members and for your interactions with other Users. Buyacircle.com does
not endorse and has no control over the Content. Content is not necessarily reviewed by Buyacircle.com prior to posting
and does not necessarily reflect the opinions or policies of Buyacircle.com. Buyacircle.com makes no warranties, express
or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you
transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or
through the Buyacircle Services. Buyacircle.com reserves the right to investigate and take appropriate legal action against
anyone who, in Buy.com's sole discretion, violates this provision, including without limitation, removing the offending
communication from the Buyacircle Services and terminating the Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in the sole discretion of Buyacircle.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another
accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Buyacircle Website and through your
use of the Buyacircle Services. Buyacircle.com reserves the right to investigate and take appropriate legal action against
anyone who, in Buyacircle.com's sole discretion, violates this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Buyacircle Services.
You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any
information obtained from the Buyacircle Services in order to contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members from such advertising or solicitation, Buyacircle.com reserves
the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number
which Buyacircle.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk
email, instant messages or other unsolicited communications of any kind through the Buyacircle Services, you
acknowledge that you will have caused substantial harm to MySpace.com, but that the amount of such harm would be
extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MySpace.com $50 for each
such unsolicited email or other unsolicited communication you send through the buyacircle Services;
3. covering or obscuring the banner advertisements on your personal profile page, or any Buyacircle.com page via
HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Buyacircle Services or the networks or services
connected to the Buyacircle Services;
6. attempting to impersonate another Member or person;
7. for band profiles, copying the code for your Buyacircle Player and embedding it into other profiles or asking other
Members to embed it into their profiles;
8. using the account, username, or password of another Member at any time or disclosing your password to any third party
or permitting any third party to access your account;
9. selling or otherwise transferring your profile;
10. using any information obtained from the Buyacircle Services in order to harass, abuse, or harm another person;
11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange
for your performing any commercial activity on or through the Buyacircle Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
12. using the Buyacircle Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information belonging to others without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of Buyacircle.com to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper notification to Buyacircle.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on
the Buyacircle Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the
following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where
the material that you claim is infringing is located on the Buyacircle Services; (iv) your address, telephone number, and
email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's
behalf. Buyacircle.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, Buyacircle.com, 3843 N. Broadway.,Chicago, IL 60613; and email: copyrightagent@buyacircle.com.
10. Member Disputes. You are solely responsible for your interactions with other Buyacircle.com Members. Buyacircle.com
reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy. Use of the Buyacircle Services is also governed by our Privacy Policy, which is incorporated into this
Agreement by this reference.
12. Disclaimers. Buyacircle.com is not responsible for any incorrect or inaccurate Content posted on the Buyacircle
Website or in connection with the Buyacircle Services, whether caused by Users of the Buyacircle Services or by any of the
equipment or programming associated with or utilized in the Buyacircle Services. Profiles created and posted by Members
on the Buyacircle Website may contain links to other websites. Buyacircle.com is not responsible for the Content, accuracy
or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy
or completeness by Buyacircle.com. Inclusion of any linked website on the Buyacircle Services does not imply approval or
endorsement of the linked website by Buyacircle. When you access these third-party sites, you do so at your own risk.
Buyacircle.com takes no responsibility for third party advertisements which are posted on this Buyacircle Website or
through the Buyacircle Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Buyacircle.com is not responsible for the conduct, whether online or offline, of any User of the Buyacircle Services.
Buyacircle.com 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 User or
Member communication. Buyacircle.com is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or
players due to technical problems or traffic congestion on the Internet or on any of the Buyacircle Services or combination
thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or
downloading materials in connection with the Buyacircle Services. Under no circumstances shall MySpace.com be
responsible for any loss or damage, including personal injury or death, resulting from use of the Buyacircle Services,
attendance at a Buyacircle.com event, from any Content posted on or through the Buyacircle Services, or from the conduct
of any Users of the Buyacircle Services, whether online or offline. The Buyacircle Services are provided "AS-IS" and as
available and Buyacircle.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Buyacircle.com cannot guarantee and does not promise any specific results from use of the Buyacircle Services.
13. Limitation on Liability. IN NO EVENT SHALL BUYACIRCLE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BUYACIRCLE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
BUYACIRCLE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BUYACIRCLE.COM FOR THE
BUYACIRCLE SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the buyacircle Services (the "Software") is further subject to
United States export controls. No Software may be downloaded from the Buyacircle Services or otherwise exported or
re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about or involving the Buyacircle Services, you agree that the dispute shall be
governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts of the United States located in the State of Illinois, City of
Chicago.
16. Indemnity. You agree to indemnify and hold Buyacircle.com, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the Buyacircle Services in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if
any Content that you post on the Buyacircle Website or through the Buyacircle Services causes Buyacircle.com to be liable
to another.
17. This Agreement is accepted upon your use of the Buyacircle Website or any of the Buyacircle Services and is further
affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Buyacircle.com
regarding the use of the Buyacircle Services. The failure of Buyacircle.com to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Buyacircle.com is a trademark of Buyacircle. This Agreement
operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining
provisions.

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