Circles Terms of Use

Welcome to 99Circles!

We are excited to have you on the 99Circles Platform! 99Circles is a product by 99Circles LTD and having its office at 71-75 Shelton Street, Covent GardenLondon - WC2H 9JQ. The 99Circles Subscription Platform was created to enable creators around the world to setup access that allows their Audiences or Subscribers’ to be a part of their creation and create a synergy of value that promotes Culture and Art. 99Circles that can be accessed at  www.99Circles.com (“99Circles” or the “website”) is a unique one of a kind platform that facilitates digital content creators globally to create their own recurring membership programs and earn revenue from their paying subscribers. Creators can setup membership tiers and pages to charge a recurring membership fee that allows them to earn revenue by allowing access to exclusive text content, images, videos, audio files or just about anything that they create.

99Circles’ aims to create a new category of employment that will allow millions of talented individuals globally to have a sustainable lifestyle by monetizing their creativity through a subscription economy.

To facilitate the use of this platform, the 99Circles’ Users are subject to the following Terms of Use and 99Circles’ Data Privacy Policy. “We,” “our” or “us” refers to 99Circles LTD, its Subsidiaries. and associated entities, collectively, as “99Circles”. The following terms apply to the use of Websites, Mobile Applications, widgets and any other online products and services powered by 99Circles. By signing up and using the 99Circles platform, you hereby accept and agree to be bound by the following terms/policies and as a user, you acknowledge to have read, understood and agree to these terms and policies. If you do not want to agree to these Terms, you must not access or use the Website. The Following Terms are effective from 1st June 2019.

The Following terms can be subject to change, and if the changes affect the rights of the users, they will be intimated via an announcement on the platform or 99Circles will send a notice to the Users notifying the change. In case the 99Circles Users continue to use the platform after the terms are changed, it is deemed that the user has read, understood and agree to the new terms and Policies.

Accessing 99Circles Account

  • 99Circles grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms.
  • 99Circles are available to Users who have attained at least 18 years of Age. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
  • If you are accepting these Terms on behalf of another legal entity, including business, government, or a person you represent that you have the full legal authority to bind such entity to these terms. Also, ensure you Obtain consent from people before publishing content on their behalf.
  • To open an account, you will be asked to provide us with certain relevant information such as an account name and password or more which are relevant to the creation of a 99Circles Account.
  • Licensing, selling, or transferring of your Account is prohibited without our prior written approval.
  • You are accountable for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to 99Circles upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. The Personal data provided by you will be covered by our  99Circles’ Data Privacy Policy .
  • 99Circles Users are responsible for anything that occurs when anyone is signed in to their account, as well as the security of the account. If you believe the account is compromised, you must report through live support immediately.
  • By using 99Circles you consent to receiving communications from us electronically, including emails and messages posted to your 99Circles account, all as more fully detailed in our Data Privacy Policy (available here)You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw our consent to receiving communications from us at any time, please email [email protected], notifying us of your withdrawal of consent. 
  • We reserve the right at any time and without notice to:
    • modify, suspend or terminate 99Circles or any portion thereof;
    • restrict, limit, suspend or terminate your access to 99Circles or any portion thereof;
    • delete any content you post on 99Circles if in our reasonable opinion it does not comply with these Terms and/or applicable law;
    • monitor your use of 99Circles (including any content or message you post or broadcast on 99Circles) to verify compliance with these Terms and/or any applicable law;
    • investigate any suspected or alleged misuse or unlawful use of 99Circles and cooperate with law enforcement in such investigation;
    • disclose information about your use of 99Circles in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
  1. change the payment or payouts processor that enables you to make or receive payments as a User.
  2. restrict access to some parts of the Website, or the entire Website, to Users.

     

Who can create 99Circles Subscription Services!

  • 99Circles Subscriptions Services are not available to persons under the age of 18.
  • 99Circles Subscriptions Services are not available to any Creators/Users previously removed from the Subscription Platform.
  • 99Circles Subscriptions Services are not available to any persons barred from receiving them under the laws of the governing country (such as it is export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

99Circles Subscription Usage and Conduct

  • Access to the 99Circles Subscriptions may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing your 99Circles Subscription.
  • The term "User" refers to all users, whether using the Website to earn money or to subscribe to others. 
  • The term "User Content" means any and all media uploaded by Users.
  • You are responsible for all the activity on your account. The Following will lead to the termination of your account effective immediately. 
    • Reverse Engineering of the 99Circles Subscription Service.
    • Data Scraping of the 99Circles Subscription Users Data.
    • Illegal Activities that are prohibited by the Law.
    • Personal Data Distribution of other User’s confidential Data.
    • Infringement of Intellectual and Copyright Policy of other Circle Users.
    • Spam other Users with personal Advertisements and endorsements.
    • Malware hosting or distribution via the 99Circles Subscription Platform.
    • Misrepresenting/imitating or Impersonating other Users and personalities.
    • Cyber Stalking or Bullying other 99Circles Users.
    • Abusing or harassing other 99Circles Users.
    • Misleading and Fraud Information of others and oneself.
    • Claiming False Sponsorship by 99Circles without our prior written approval.
    • Username Squatting by blocking Usernames to prevent other Users from Using 99Circles.
    • Maligning other content creators Service Offerings to get mileage on your own Subscription Service.
    • Reward Sharing other Content creator’s subscription service without their Consent.
    • Sell, transfer or sublicense our code, APIs, or tools to anyone.
    • Infringing rights of other Parties.
    • Violating 99Circles’ Policies.
    • Unauthorized access to other User Accounts.
  • We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without any notice to you the user. Any future release, update, or other addition to functionality of the Services (which includes the Application and the allied services) will be subject to these Terms, which can and may be updated from time to time. You agree that 99Circles will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part.

Becoming a 99Circles’ Subscriber!

  • The 99Circles’ Subscription platform facilitates you to Subscribe to your Favourite Content Creator. For a Subscription fee, you will get exclusive Content from your Favourite Creator.
  • The Subscription charges that are levied are decided essentially by the Content Creator, but in a nutshell, you will be charged based on time wise Subscription or Subscription per creation.
  • Becoming a Subscriber is as easy as a simple Sign up page on our platform. Basic personal information will be used to create your account. You would also need to update your payment information. When adding a payment card, your card information is stored by a payment processor, which is called Stripe; or if you are subscribing to a profile containing sexually explicit content, your card information is stored by a different payment processor, which is called Securion Pay. However, as far as legally possible, 99Circles reserves the right to change the payment processors it uses at any time and without notice to you. 99Circles does not store any payment card information. Be assured your information will be protected from the 99Circles’ end. For further information on your Data, please refer to our  99Circles’ Data Privacy Policy .
  • As soon as you Subscribe to a 99Circles’ Creator’s page, you will be charged immediately for the full Subscription on behalf of the creator.
  • Every month the Subscription is Auto renewed on your behalf, to opt out of the Subscription ensure to disable your Subscription before the beginning of each month. You can do so by visiting the My Account Page and viewing the list of subscriptions that you have enrolled for.
  • Your Subscriptions can be cancelled at any time, however once subscribed there will be no refund of the Subscription Charges. Refunds will only be done according to a case by case basis and are based on the Sole Discretion of 99Circles and only for Exceptional and Genuine Cases.
  • Certain charges are not in 99Circles control such as Levy on transactions from a different country. 99Circles is not responsible for these charges; we would notify you before the Subscription.
  • By registering on 99Circles, you confirm that:
    • All account registration, profile information and content you provide is your own information and the content is truthful and accurate;
    • If you previously had an account with 99Circles, your old account was not terminated or suspended by 99Circles for violation of these Terms;
    • You will not use any third party payment processors to accept payments for subscriptions, or any other service, via 99Circles;
    • You register on 99Circles for your own personal use and you will not sell, rent or transfer your account to any third party; and
    • 99Circles reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.
  • As a platform, we are not responsible for the content quality, timing or legality of the content that is being published by the Content Creator.
  • You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify us at [email protected] if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
  • In case the Content Creator fails to deliver on the rewards posted by them, we do not provide a warranty on fulfilling these rewards.
  • 99Circles will have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. 
  • Any purchase made on 99Circles resulting in a chargeback will cause the Subscribers account to be immediately and permanently excluded from 99Circles. Additionally, the chargeback amount and associated fees will be charged to the  Creator's payouts.
  • We would love for all the 99Circles’ User’s involved to have a safe, peaceful and quality experience and we would love for you to be a part of the community and you are always welcome to report any suspicious Content creator through live support.

Are you a Content Creator?

  • A 99Circles’ Creator, will use 99Circles’ Subscription Services to showcase their content and work on the Platform in the form of a page to allow Subscribers to Subscribe to the creator’s pages in order to follow, encourage and support them.
  • To become a Creator on the 99Circles’ Platform is as easy as a click of a button, all the creator needs to do is sign up on the 99Circles’ platform with their basic information and start creating by posting and sharing your creations on the page created by you.
  • As a creator, you may choose to charge a Subscription on the work created by you on a monthly basis or based on cost per creation. You are completely in charge of how you want to charge your Subscribers.
  • 99Circles will be the limited executor of your subscriptions. We as an executor will facilitate the settling of the Subscription which includes receiving, holding and disbursing the payments to you. We will be collecting the Subscription from the 99Circles’ Subscribers on your behalf and this is the same as receiving the funds directly. 
  • We follow a NET 30 payment cycle. You will receive the net settlement of the subscriptions from us ideally within 30 days of the end of each month. For example – Payments for the month of June should ideally be processed by the 30th of July.
  • At times activities like refunds can get your account balance into the negative. If your balance becomes negative then we will recover those funds from your future payments.
  • The Tax that is the levied on your Subscriptions need to be handled by the Creator and we at 99Circles are not responsible for the same.
  • We would generally process the payments on time, but there could be potential delays in settlement of the Net Amount received from your subscriptions at times for various reasons if we believe that there are violations of the 99Circles’ Policies, fraudulent/illegal activities, or if there are mandatory compliance requests from Governing Bodies, such as tax and reporting compliance. In case of delays, we would ensure the communication, flow is maintained by keeping the User’s up to date on the delays.
  • To protect the interests of the 99Circles Users (both Subscribers as well as Content Creators) we would block the payments from Users if we believe them to be Fraudulent.
  • The Free plan at 99Circles is absolutely free to use to create your page, create content and more. All public posts won’t cost anything. 99Circles will only charge a service fee once you start getting paying subscribers. A service fee of 15% for the earnings that you receive on your paid membership tiers will be deducted from your monthly pay-outs. Creators are entitled to 85% of the subscription fees paid by the subscribers of their own pages. 
  • Creators can also choose the other SaaS plans such as standard, professional and pro max plans that don’t charge a commission on the earnings of the page. If a creators choose either the standard, professional or pro max plan on 99Circles, no service fees will be deducted from their payouts.
  • Transaction processing fees on actuals will be deducted from your pay-outs. We try and get discounted transaction processing fees due to the bulk of processing and the benefits of this will be passed on to you.
  • There are certain charges that are not in 99Circles control such as Levy on transactions from a different country, the Content creator is responsible and agree to these charges which would be settled in the Net Payment. 
  • You can choose to receive your payouts through various payment methods such as wire transfer, e-checks, PayPal, etc as can be seen on your payouts portal. You can access the payouts portal by clicking on payout settings under My Account. Fees associated with each of the payout methods are also mentioned and you can choose the payout method most convenient to you. 
  • We at 99Circles are not responsible for the collection or disburses of the taxes, but we will be taking information and documents relating to the taxation legally as required by the Tax Authorities.
  • Please note that any payment resolution and discourse and settling of the funds, the recourse of which will only be routed through us and not your Page Subscribers or other 99Circles Subscribers. 
  • Keep your Content’s negative feedback below our thresholds. Your Content should not receive excessive negative feedback. Be sure your Content insights reflect a positive experience.
  • The Service takes the right to deduct from pay-outs in addition to service fees:
    • Transfer fees incurred from payout / payroll (the exact amount of the fees depends on the pay-out option selected by the User)
    • The total amount of refunded, disputed, incomplete, failed, fraudulent, suspicious payments/transactions;
    • Chargebacks and chargeback fees that are initiated by subscribers to your membership plans/pages
    • Any payments/transactions made by mistake;
    • Any payments which are not landed on the Service bank account by any reason;
    • Any fees associated with the referral program.

What you need to know!

  • Disclaimer / Warranty

The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 99Circles, its licensors, and its third-party service providers do not warrant that the services are accurate, complete, reliable, current, or error-free. 99Circles do not control or endorse, or take responsibility for any content available on or linked to the services or the actions of any third party or user, including moderators. While 99Circles attempt to make your access to and use of our services safe, we do not represent or warrant that our services or servers are free of viruses or other harmful components. The Disclaimer also covers our Directors, Officers, Investors, employees, agents, affiliates and other Third-Party Service Providers.

  • Indemnity Clause

You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim against us related the below.

    • 99Circles Subscription Usage
    • Violation of the 99Circles Policies and terms
    • Violation of the applicable Laws and Regulations
    • Your Content, Postings, Subscriptions.

We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right then you agree to cooperate with our defence of these claims. The Indemnity Clause also covers our Directors, Officers, Investors, employees, agents, affiliates and other Third-Party Service Providers.

  • Limitation of Liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms this also includes the use or attempted use of 99Circles Subscription In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will the circle entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these terms or the services, including those arising from or relating to content made available on the services that is alleged to be defamatory, offensive, or illegal. Access and use of, the services are at the Circle Users own discretion and risk, and you will be completely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will the aggregate liability of the 99Circles entities exceed the amount that we have earned from your Subscription Service. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the 99Circles’ entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose. The preceding limitation of liability will apply to the fullest extent permitted by law in the given relevant and applicable jurisdiction. The Limited Liability Clause also covers our Directors, Officers, Investors, employees, agents, affiliates and other Third-Party Service Providers.

  • License

     
    Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use our website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of 99Circles other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.

 

We do not warrant that 99Circles is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not 99Circles is compatible with your device. From time to time we may make updates to 99Circles and will make such updates available through the website.

 

  • Acceptable Use

We require that all Users respect and comply with these Terms below, at all times, when using 99Circles.

You may not:

    • use 99Circles other than for your own lawful and personal use in accordance with these Terms;
    • impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
    • falsify account registration information, or make unauthorized use of another's information or content;
    • use 99Circles in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; 
    • copy, reproduce, distribute, modify, or create derivative works from, any portion of 99Circles without our express written permission;
    • use 99Circles for the purpose of depicting a minor in a sexual or suggestive way, or exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; 
    • transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; 
    • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Website or expose them to liability;
    • create, upload, post, display, publish or distribute User Content that: 
  • is obscene, illegal, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;
  • violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
  • promotes or advertises escort services; 
  • promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia; 
  • promotes any illegal activity, or advocates, promotes, or assists any unlawful act; 
  • causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; 
  • involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; 
  • gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; 
    • act in an abusive manner towards any other user or employee of the Website;
    • remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
    • use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
    • decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of 99Circles;
    • interfere in any way with the operation of 99Circles or any server, network or system associated with 99Circles, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access;
    • use 99Circles for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app's availability, performance or functionality, or for any other competitive purposes;
    • use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access 99Circles or any server, network or system associated with 99Circles, or to extract, collect, harvest or gather content or information from 99Circles; or 
    • make any other use of 99Circles that violates these Terms or any applicable law.

Any content posted that is reported by another User or 99Circles, and that is deemed unacceptable by 99Circles, will be deleted and the User notified via email. Users who repeatedly violate our Acceptable Use policy may be deactivated. If we become aware that an 99Circles User is underage, we will promptly deactivate that User's account and delete all information and content of that User from 99Circles. If you are a parent or legal guardian and become aware that your minor-child has registered on 99Circles, please immediately notify us at [email protected]

We do not allow images of unaccompanied minors, as you must be over the age of 18 to use 99Circles. If you want to post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, please report it immediately.

By registering an account with 99Circles, you represent and warrant that:

  • you are at least 18 years of age; 
  • you will fully comply with these Terms;
  • you accept full responsibility for the use of 99Circles on any device, whether or not it is owned by you; 
  • you accept full responsibility for any User Content created or provided by you; and 
  • your use of 99Circles will not violate these Terms or any applicable law. 

If you are using 99Circles on behalf of a business or other entity, you warrant that you are authorised to grant all the licences stipulated in these Terms and that you are authorised to bind the business or other entity to these Terms.

  • User Content

By creating and publishing User Content on 99Circles, you authorize your subscribers or followers to access and view (without downloading or copying) your User Content on 99Circles for their own lawful and personal use. You also represent, warrant and undertake that:

  • you own, have a valid licence to, or otherwise control all rights in and to your User Content; 
  • to the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in your User Content; and
  • your User Content is non-confidential and will be made available to your subscribers or followers on 99Circles.com. 

You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. 

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

Upon signing up to 99Circles.com, you also agree to act as custodian of records for the content that you upload to 99Circles.com.

Any questions regarding User Content can be addressed by emailing [email protected]

 

  • DMCA

To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by 99Circles, terminating the account of the User who published the content. 

To notify us of claimed copyright infringement, please contact our customer support team by email at [email protected] 

Under the DMCA, a notification of claimed copyright infringement must include all of the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; 
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 
  • 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; and 
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above.

A DMCA counter-notification must include all of the following:

  • your physical or electronic signature; 
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 
  • a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.

Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

  • Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
 

The Website may provide certain social media features that enable you to:

  • link from your own or certain third-party websites to certain content on the Website; 
  • send emails or other communications with certain content, or links to certain content, on the Website;  
  • cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:

  • establish a link from any website that is not owned by you;
  • cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; 
  • link to any part of the Website other than the homepage; or 
  • otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
 13.5 We may disable all or any social media features and any links at any time without notice in our discretion.  

  • Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  
 

  • Referral Program

Every user with an 99Circles account has a unique referral URL that allows users to earn income from any other user who signs up via their referral link. In order to ensure the referral is successful, the new user must register with 99Circles using the same browser that they used to click the referral link. More information on how the Referral Program works can be found at:  https://99Circles.com/partners/

99Circles pays Users who refer other Users 5% of all total income earned by the referred User and the payment of this referred income is processed with the first 10 calendar business days of each month. This referral income is deducted from the 99Circles' fee and not from the income of the referred User.

For a User to be successfully added to another User's referral program, that user must sign up to 99Circles via a unique referral URL. In no event will 99Circles be liable to add a user to a referral account if that user has not signed up via the correct referral link.

Users may not use Google Ads to impersonate 99Circles with the intention to refer other Users.

 

  • Disclaimer of Warranties; Limitations of Liability

By using 99Circles, you acknowledge and agree as follows:

  • 99Circles and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to 99Circles and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of 99Circles, or the results of your use of 99Circles. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that 99Circles and all of its services and features will be available at any particular time or location; that 99Circles and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that 99Circles and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of 99Circles and its services and features will be solely and entirely at your own risk. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
  • 99Circles does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since 99Circles may need to carry our maintenance of the Website from time to time. However, 99Circles will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 10:00 and 17:00 (GMT 5.5 time) and will endeavour to give reasonable notice where possible, however this may not always be possible;
  • in no event shall 99Circles be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) 99Circles or any of its services or features, nor shall 99Circles be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at [email protected] as we are happy to help prevent continuance of such distribution where we are reasonably able to do so; and
  • in no event shall our total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) 99Circles or any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law. 

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) 99Circles or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00).

  • User indemnification

By using 99Circles, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:

  • your use of 99Circles or any of its services or features;
  • User Content created, published, or otherwise made available on 99Circles by you;
  • any transaction or interaction between you and any other User of 99Circles; and/or
  • your violation of these terms or any applicable law. 
  • Waiver and Severability

No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  • Third-Party Content, Advertisements, and Promotions
    • The 99Circles Subscription Platform may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, product services or Offerings.
    • The Usage of the Third-Party Content is at your own risk and you should ensure that you research the offerings before proceeding with any transaction in connection with such Third-Party Content.
    • The Services may also contain sponsored Third-Party Content or advertisements. You acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
    • If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in accordance and in compliance with all applicable laws and regulations and should ensure that it is writing that 99Circles’ is not responsible for the related promotion.

 

  • Payment Information

To enable Subscription services in 99Circles’, you may submit your debit card, credit card, or other payment information ("Payment Information"). We use third-party service providers to process your Payment Information. If you submit your Payment Information, the costs that you incur should be taken care of by you solely, and you permit us to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. As a platform, we would be providing the basic security to protect the information (please refer to our  99Circles’ Data Privacy Policy) but it also the responsibility of the User to protect their account password and not share the confidential information to anybody.

  • Dispute Management

Resolving issues and having a clean experience is the motive of the 99Circles Team. So please ensure to reach out to us in a promptly to resolve any Disputes if they are related to the terms/ Usage of 99Circles. You can contact us through live support or over email - support at 99Circles dot com.

In case the disputes are not resolved, the dispute will be resolved via Arbitration. The Arbitration is subjected to the courts in the Jurisdiction that is mentioned below and may take place only on an Individual basis. Group Arbitrations are not allowed.

The Users of the 99Circles Platform agree to these terms and will waive off their right to trial by the Jury.

  • Intellectual Property Rights 

 Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

  1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  2. you may store files that are automatically cached by your Web browser for display enhancement purposes; and
  3. you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. 

Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The 99Circles name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. 

  • Governing Law and Jurisdiction

With the exception of the administration elements recorded underneath: any cases emerging out of or identifying with these Terms or the Services will be represented by the laws of Republic of India, other than its contention of laws leads; all debate identified with these Terms or the Services will be brought exclusively in the government or state courts situated in Bangalore India; and you agree to individual locale in these courts.

Except where prohibited by applicable law, any claim or cause of action by you concerning 99Circles or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

  • Copyright Infringement

If any of the users are involved in copyright infringement, kindly report it to support at 99Circles dot com.

  • Modifications to the 99Circles’ Service and Prices

Prices and fees for our service are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content) without notice at any time. We shall not be liable to you or any third-party for any modification and alteration, price change and fluctuation, suspension or discontinuance of the Service.

  • User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions like contest entries or without a request and permission from us you send creative ideas, suggestions, proposals, plans, feedback or other materials, whether online, by email, by postal or snail mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

    • To keep any comments in confidence;
    • to pay compensation for any comments; or 
    • to respond to any comments.

We may, but have no obligation to monitor, edit or clear away content that we regulate in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments won’t violate any right of any third-party as well as copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your comments won’t contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer malware or different viruses that would in any means have an effect on the operation of the Service or any related and connected website. You may not use a false e-mail address, to impersonate as someone other than yourself, or otherwise mislead us or third-parties on the origin of any comments. You are only answerable and responsible for any comments you create and post and their accuracy. We take no responsibility or accountability and assume no liability for any comments posted by you or any third-party.

Closing/Deactivation of 99Circles Subscription Account 

The User may Discontinue the use or disable the account at any time at their own discretion. Post the deletion of the account you will not be able to use any of the 99Circles Services. The listed terms and policies will survive the discontinuing of the account. Should you wish to deactivate your 99Circles account, please contact 99Circles customer support at [email protected] to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request. 

Last word!

The Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

These Terms comprise the whole understanding between 99Circles LTD and the 99Circles’ Users, with respect to your acceptance to and utilization of the Services. Our inability to practice or authorize any privilege or arrangement of these Terms won't work as a waiver of such right or arrangement. On the off chance that any arrangement of these Terms is, under any conditions, held to be unlawful, invalid or unenforceable, the remainder of the Terms will stay essentially. You may not appoint or exchange any of your rights or commitments under these Terms without our assent. We may openly assign out these Terms. These terms are binding!

If you have any questions, comments, complaints or concerns about 99Circles, please contact our support team at [email protected]