1. INTRODUCTION
Rare Circles Inc. (the “Rare Circles”, “we”, or “us”) provides a web platform enabling brands to reward and engage with their audiences and communities. (the “Services”).
This Acceptable Use Policy (“AUP”) governs your access to and use of the Services. Rare Circles reserves the right to amend, alter, or modify your conduct requirements as set forth in this AUP at any time.
By clicking to accept or agree to the Rare Circles Merchant Terms of Service or otherwise entering into an agreement with Rare Circles concerning the access to, or use of, the Services, you accept and agree to be bound and abide by this AUP. If you do not want to agree to this AUP, you must not access or use the Services.
2. PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with this AUP. You agree not to use the Services:
In any way that violates any applicable federal, provincial, state, territorial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
To purchase, sell or transfer stolen, fraudulently or otherwise illegally obtained items or other property.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material which violates the rights of any individual or entity established in any jurisdiction.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Rare Circles, a Rare Circles employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Rare Circles or users of the Services or expose them to liability.
To publicly reveal private information about an individual or an organization without their authorization (i.e. doxing).
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any data mining robot, spider, crawler, scraper, script, browser extension or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any Services traffic or resources available on the Services or otherwise interfere with or modify the rendering of pages or functionality.
Reverse engineering or hacking of the Services for any reason, including but not limited to modification or manipulation of the Services or merchant storefronts, circumvention of fees, theft, and sale or auction manipulation.
Use any process to monitor or copy any Services traffic or resources available on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs, or other software or material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, database, or other resource or element connected to the Services.
Violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of the Services.
Otherwise attempt to interfere with the proper working of the Services.
3. CONTENT STANDARDS
You agree not to use the Services to promote, send, trade in, knowingly receive, upload, download, use, or re-use any material or content which:
Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
While material or content that contain nudity is not prohibited, material or content that contains sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age is prohibited.
Advertise or promote products or services related to prostitution, escort services, erotic dancing, strip clubs or other similar products or services.
Advertise or promote the sale or illegal drugs or substances.
Is violent or otherwise promotes violence.
Contains forged or otherwise fake, counterfeit or fraudulent material, such as (without limitation) fake IDs, contracts, receipts, etc.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violates the legal rights (including the rights of personality, publicity, and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations. Without limiting the generality of the preceding sentence, this means that you will not use any person’s identity, persona, image or likeness without their prior written authorization, which you agree to properly document and provide to Rare Circles upon request.
Is likely to deceive any person.
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.
Impersonates any person or misrepresents your identity or affiliation with any person or organization.
Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
4. PROHIBITED ACTIVITIES
You agree not to use the Services to directly or indirectly promote, advertise, market or otherwise engage in any of the following activities:
Pyramid schemes and multi-level marketing products or businesses.
Investment opportunities or other services that promise high rewards, make exaggerated claims of value or returns, misrepresent product readiness or maturity or otherwise mislead as an inducement to purchase products or services.
Money laundering, terrorist financing, or other illicit finance activities.
Use of the Services to engage, economically or otherwise, with countries sanctioned by the governments of Canada and the United States or to facilitate transactions involving individuals sanctioned by the governments of Canada and the United States or located in sanctioned countries.
Use of the Services to carry out any financial activities that are subject to registration or licensing, including but not limited to creating, selling, or buying securities, derivatives, commodities, options, or debt instruments.
Use of the Services to create, sell, buy or otherwise provide grant rights to participate in an initial coin offering (ICO) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments.
Dissemination of false or misleading information.
Political activities, campaigns or fundraising.
The sale of online traffic or engagement.
Games of chance including gambling, internet gambling, draws, lotteries, sweepstakes and contests offering a monetary or material prize.
Sports or events forecasting or odds-making with a monetary or material prize.
5. PROHIBITED BEHAVIORS
You also agree not to engage in the following behaviors while using the Services:
The use of deceptive or fake testimonials and/or product reviews.
The use of high-pressure sales methods.
6. MONITORING AND ENFORCEMENT
Rare Circles, in its sole discretion, will determine whether your conduct is in compliance with this AUP. We have the right to:
Monitor your use of the Services for any purpose in our sole discretion.
Take any action we deem necessary or appropriate in our sole discretion if we believe a user's conduct violates this AUP, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Rare Circles.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this AUP.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Services. YOU WAIVE AND HOLD HARMLESS RARE CIRCLES AND ITS AFFILIATES, LICENSEES, AND SERVICES PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.