Last updated 2nd September 2011
Your Acceptance of this Agreement
Changes to the Terms and Conditions
Access to the Website
We work hard to ensure that the Website is available and that transmissions will be error free but this cannot be guaranteed and accordingly the Website is provided as and when available. Access to parts or to all of the Website may be restricted from time to time to allow for repairs, maintenance or updating of the Website. We reserve the right to withdraw or amend the services that we provide (the ‘Services’) or take down the Website at any time.
You are responsible for making all arrangements necessary for you to access the Website and any charges associated with such access. We shall not be responsible for any connection or access to the Website by you or for the quality of the transmission of any information passing between you and the Website.
The Website is maintained, controlled and operated by us from the United Kingdom and we make no representation that any of the content or materials on it are appropriate to or available for use in other territories outside of the United Kingdom. If you use the Website from outside the United Kingdom, you are responsible for compliance with all applicable local laws and regulations.
You may only have one active account on the Website at any given time and you may not allow others to use your designated account to access the Website (i.e., no member may have multiple accounts on the Site).
As a non-registered user, you will only have access to certain parts of the Website. You will not have a profile page or the ability to upload material, write reviews or be entitled to other benefits of a registered user. You must register as a user if you want to take advantage of all these services.
Registered Users and Feedback Providers
You will be required to provide information about yourself when you register. This information must be true, accurate and complete for you to become a registered user. As part of the registration process, you will be asked to select a username and password. You are solely responsible for all acts or omissions that occur under your registered account, including any Content (as defined below) uploaded or submitted on the Site. For this reason, you should make sure that you keep your password secure.
We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or other intellectual property law, or is vulgar, offensive or otherwise inappropriate, as determined by us at our sole discretion.
Once registered with Circalit.com, you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you include any information that could be used to identify you, such as your personal phone number, e-mail address or a government-issued ID number, in your Content, it will be included when your Content is posted or, if applicable, when your Feedback Report is made available to the relevant user. By including such personal data in the Content you post or submit, you authorise Circalit to disclose that personal data as part of the Content. You may not include personal data about other people in your Content, including in any feedback reports (“Feedback Reports”).
We reserve the right to alter, depart from or cease offering use of the Website for free at any time. We will inform you of such a decision and you will then be able to decide whether you wish to continue to use the Website. Your continued use of the Website after the proposed fee introduction or modification has been posted for at least one month will be considered acceptance of the proposed fee modification.
Content which is Prohibited
As a registered user or Feedback Provider, we may now or in the future give you the ability to upload or submit material (including, without limitation, text, photographs, graphics, video or audio material, any underlying material and where applicable, comments, reviews, contributions and Feedback Reports) (the ‘Content’) to the Website. Whenever you make use of a feature that allows you to upload Content to the Website, or to make contact with other users of the Website, you must comply with the standards set out below.
The following is a partial list of the kind of Content that is illegal or prohibited (‘Prohibited Content’) on the Website. Content which:
1. is 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 images or photographs of nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information, passwords or personal identifying information from other users;
6. provides any third party telephone numbers, street addresses, postal codes, or email addresses;
7. promotes information that you know is false or misleading;
8. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9. promotes illegal or unauthorised copying of another person’s copyrighted work, such as providing pirated e-books or links to them, providing information to circumvent manufacture-installed copy-protection devices, or providing pirated music or links to pirated music files;
10. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”;
11. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
12. 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;
13. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising or pyramid schemes; or
14. Includes a photograph of another person that you have posted without that person’s consent.
Activity which is Prohibited
The following is a partial list of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions, including but not limited to reporting you to the relevant law enforcement authorities.
Prohibited activity includes, but is not limited to:
1. uploading Content which is not owned by you or, to the extent it is owned by someone else, you do not have permission to provide the Content to Circalit;
2. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
3. any automated use of the system, such as using scripts to add friends or send comments;
4. interfering with, disrupting, or creating an undue burden on the Website or the networks or services that support the Website. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, the Services, or the software underlying either of them, or modify any materials downloaded from the Website;
5. attempting to impersonate another member or person;
6. 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;
7. selling or otherwise transferring your profile;
8. 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 Website on behalf of that person, such as placing commercial content on your profile, posting comments with a commercial purpose;
9. modifying, copying, or tampering with any book or script or any other content that you may access through the Website, or use any content that you might access through the Website or the Services for any reason other than reading, viewing, listening to or reviewing such screenplay or content;
10. collecting, harvesting or disclosing information about other Website visitors or members without their consent; and
11. using the Website in a manner inconsistent with any and all applicable laws and regulations.
If you become aware of any misuse of the Website please contact us by clicking on the ‘Report Abuse’ link on the relevant page.
We act as a host for a creative platform which is used for the exchange of literary work and ideas. We do not review Content. Accordingly, we operate a “notice and takedown” procedure. If you believe the Website contains a defamatory statement please notify us by following the ‘Take Down Notice Procedure’. Once this procedure has been followed, we will use all reasonable endeavours to remove such defamatory content within a reasonable time.
Your Licence to Us
By posting or submitting Content on the Website, whether as a Visitor, Member or Feedback Provider, and in consideration of us making available to you the opportunity to upload or submit Content on the Website (which you acknowledge as a sufficient benefit to you), you hereby grant to us and our successors an irrevocable and unconditional licence to post, modify (for the purposes of electronic conversion and encryption), display, reformat, distribute, copy and otherwise make available to the public the Content on the Website, within the limitations you set during the uploading or submission process, for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity. The licence you grant us is: (i) non-exclusive which means you are free to license your Content to any one else; (ii) royalty-free which means you will not be paid by us or anyone else for the use of your Content on the Website; (iii) sub-licensable for the purposes of enabling us to host and maintain the Website via third parties; and (iv) worldwide (which means the Content will be viewed on a global basis).
If you are a Visitor, Member or Feedback Provider (“Contributor”) who uploads or otherwise provides comments, reviews, Feedback Reports and/or makes any other contribution (“Contribution(s)”) in respect of Content on the Website, you hereby grant the owner (“Original Content Owner”, which expression shall include its successors in title and assignees) of the Content that such Contribution was in relation to (the “Original Content”) an unconditional, irrevocable, royalty-free, non-exclusive, worldwide licence to: (i) incorporate the Contribution into the Original Content and use the Contribution to amend, edit or re-draft the Original Content (collectively the “Amended Content”); (ii) use, edit, copy, adapt, reformat, distribute and communicate the Contribution, including as part of the Amended Content; for the full period of copyright in the Contribution (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible under applicable law in perpetuity.
Each Contributor hereby acknowledges that it has no rights in or to any Original Content or Amended Content and the Contributor shall not make any use of the Original Content (except for the purposes of providing the Contribution) or the Amended Content, without the prior written consent of the Original Content Owner as owner of the copyright therein. To the extent a Contributor has any rights in the Original Content or Amended Content which arise by operation of law or otherwise, the Contributor hereby agrees that it shall not exercise any such rights without the Original Content Owner’s prior written consent. Contributor shall not be entitled to any injunctive or other equitable relief in relation to the use of the Contribution and Amended Content.
Each Contributor hereby expressly and irrevocably waives in perpetuity any and all moral rights in its Contribution(s) under the Copyright, Designs and Patents Act 1988 (and all similar rights under the laws of any jurisdiction) and any similar rights associated with the Contribution and the Amended Content to which it may be entitled for the full term of such rights. At the request of Circalit, the Contributor shall do all such things and sign all documents reasonably necessary to enable the Original Content Owner to obtain, defend and enforce its rights in the Amended Content.
The Website is a platform for the exchange of creative ideas and views, whether such ideas are in the form of contributions, such as reviews of your creative work, or responses to comments posted by you. You may find that you do not agree with the comments submitted by other users. Comments made may be negative as well as positive. Accordingly, you agree to waive your right to object to derogatory treatment of your Content on the Website.
Use of Widgets
You may not post, modify, distribute, or reproduce on the Website any material protected by copyright, trademark or other proprietary right belonging to others without obtaining their prior written consent. Circalit respects the intellectual property of others. If you believe your copyright has been copied in a way that constitutes infringement please follow our ‘Take Down Notice Procedure’.
The Website and the Services are owned and operated by Circalit or its licensors. You acknowledge and agree that all information, data, text, graphics, logos, designs, documents, images, pictures, photographs, videos, software, interactive features, advertisements or other content, services or materials (or any part of them) available on the Website and in the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, upload, post, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content from the Website or the Services in any way. Modification or use of any materials contained on the Website or in the Services is a violation of Circalit’s copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or the Services.
Any rights not expressly granted in these terms are reserved.
Licence and Site Access
We grant you a limited licence to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Linking to the Website
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website so long as the link follows our Linking Guide below and does not portray Circalit, the Website or its services in a false, misleading, derogatory or otherwise offensive matter.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not use any Circalit logo or other proprietary graphic or trademark as part of the link without our express written permission except as outlined in our help section.
Links to the Website do not imply that we endorse, are affiliated with, or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
Disclaimer of Warranties and Limitation of Liability
This Website is provided by us “as is” and on an “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, or materials included on this Website. We reserve the right to withdraw or delete any information from this Website at any time at our discretion.
As we are providing a freely hosted platform to promote literature and we assume no responsibility for monitoring the Website for amongst other things inappropriate or unlawful Content, including but not limited to defamatory content. Any Content submitted by users or Registered Reviewers and made available or posted on the Website does not reflect our opinions, views or policies.
We do not make any warranty as to the results that may be obtained from use of the Website or the Services or as to the accuracy or reliability of any information obtained through the Website or the Services or any defects in the Website or the Services will be corrected.
We expressly exclude all representations, conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, which, but for this legal notice, might have effect in relation to the Website.
Without limiting the generality of the foregoing, we disclaim any warranty that any book, screenplay, posting, or other content on the Website or in the Services is appropriate for any particular audience or reader, or that such material is free of offensive, indecent, obscene, defamatory or other potentially inappropriate elements. You hereby agree that we shall have no liability for any damages or costs that may arise from our publication or your viewing or reading of, exposure to, or access to any book, posting, screenplay or other content on the Website or the Services.
To the extent permitted by law, we and any third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The Website and Services may contain links to third-party sites. These links are provided for your information only. Those third-party sites are not under our control and we are not responsible for the content on any linked site. If you access a third-party site from our Website, then you do so at your own risk. The inclusion of the link does not imply that we endorse or accept any responsibility for the content on those third-party sites.
Termination of Use
We reserve the right at our sole discretion at any time without liability and with or without prior notice to you:
(a) not to post or otherwise make available any Content on the Website;
(b) to remove or suspend or disable access to any Content;
(c) to suspend or revoke your registration (where applicable) and your right to access and/or use the Website or submit any Content; and
You can terminate your account at any time by following the process set out here. This will remove your profile and other personal information from view and prohibit you from accessing the Website as a registered user or Registered Reviewer. Once your registration is terminated, we will have the right to delete your account and any related Content that you have submitted or uploaded.
Circalit.com is a site owned and operated by Circalit Limited. We are registered in England and Wales under company number 06797548. Our registered office is at 21 Bracknell Gardens, London, United Kingdom, NW3 7EE. Our main trading address is PO Box 64658 London, NW3 9NJ, England.
Purchasing Feedback Services
The following additional terms shall apply to the purchase by users of feedback services.
Circalit enables registered users to purchase feedback services (‘Feedback Services’) for a particular piece of work (‘Submitted Content’) from Feedback Providers.
You will receive a price quote for the Feedback Services at the point of sale.
When you purchase Feedback Services, the payment will be transferred to a dedicated account for holding until the Feedback provider’s delivery of the Feedback Report (as defined below). Payment does not accrue interest while in holding. All payments shall be made in Pounds Sterling (£) and are exclusive of customs duties and other taxes.
3. Feedback Services
You will receive a Feedback Report which will include a critique of your submitted projects and suggested improvements. Feedback Services shall not include development work, rewriting, ghost-writing or any other writing apart from to ensure consistent structure.
Any Feedback Reports submitted by Feedback Providers and made available to you do not reflect our opinions, views or policies and Circalit shall in no way be liable for the content thereof.
You can rate and comment on the Feedback Report and can choose whether the Feedback Report should be made public or remain private or be made available to industry professionals only. Circalit will have access to the Feedback Report at all times.
4. Delivery and deadlines
All estimated dates and times provided for the delivery of the document or text are approximate, and based on prior orders of the same size. Circalit cannot be held liable for any loss or damage caused by a later delivery time than the estimate.
5. Feedback Provider’s Right to Refuse the Job
Upon receiving the feedback request, the Feedback Provider has the right to refuse the job if it doesn’t meet the standard that makes it possible for the editor to complete the job or he or she cannot carry out the job to an acceptable standard for whatever reason. If the Feedback Provider refuses the job, you will be notified via email, and your payment will be reimbursed.
Circalit acknowledges that Feedback Providers may be privy to confidential information in the form of sensitive or unpublished material. To ensure users’ confidentiality, all Circalit Feedback Providers are required to comply with our confidentiality policy.
When you purchase Feedback Services from a Feedback Provider, you give the Feedback Provider permission to download your project from the Circalit website for the purposes of facilitating the review process. The Feedback Provider, however, is prohibited from distributing or retaining copies of your work.
If you provide Feedback Services as a Feedback Provider, the following additional terms shall apply.
Users are able to select and purchase Feedback Services on Circalit by choosing a Feedback Provider and the feedback type and by submitting the work on which feedback is required with a short brief for the Feedback Provider. This information can only be seen by the chosen Feedback Provider. If you are chosen as the Feedback Provider, you should review the Submitted Work and provide a feedback report (‘Feedback Report’).
Users can rate and comment on the Feedback Report and can choose whether the Feedback Report should be made public or remain private or be made available to industry professionals only. Circalit will have access to the Feedback Report at all times.
All ratings and comments associated with the Feedback Report will be used to calculate the feedback rating of the Feedback Provider, which will be displayed on the Circalit profile of each Feedback Provider.
2. Feedback Provider’s Right of Refusal
Upon receiving a request for feedback, the selected Feedback Provider has the right to refuse to review the Submitted Content if, for example, it doesn’t meet a reasonable standard that makes it possible for the Feedback Provider to complete the job.
3. Delivery and deadlines
Estimated dates and times for the delivery of the Feedback Report are made available to the user at the time they submitted their order for Feedback Services. Whilst these dates and times are approximate, the Feedback Provider should endeavour to return the Feedback Report by such date and time. The turnaround time for providing the Feedback Report may affect a Feedback Provider’s rating on the Website.
4. Recruiting Feedback Providers for Circalit
In recruiting Feedback Providers for Circalit, we use a series of tests to determine Feedback Providers’ proficiency in script reading, editing and coverage services. During registration, you will be asked to provide details of your credentials, including professional experience, formal qualifications and training.
5. Employment Status
6. Your account
You can access all your personal information that we collect online and maintain your Circalit account after signing in to your Circalit account. Here, you can also modify, add, or remove any of your personal information. Your Circalit account is also where you can track your earnings, deliver Feedback Reports, view order details, modify your payment details and much more.
When a user submits an order on Circalit for a review by you of a piece of the user’s work the payment is transferred to a dedicated holding account. Upon your delivery of a Feedback Report, the payment is credited to your Circalit account, less Circalit’s commission of 30%. Circalit shall transfer payments to your account on the 17th of each month or should this fall on a public holiday, the next working day.
Due to the cost of bank transfers the minimum amount payable to you shall be £100 (‘Minimum Payment’). Where the amount payable to you in any given month does not amount to the Minimum payment, the sums due to you shall accrue until the amount owing is at least the Minimum Payment.
The credit balance on your Circalit account shall not accrue interest. All payments are made in Pounds Sterling (£) and converted to your local currency at the applicable rate on the day of payment. You must notify us if you are registered for UK VAT.
You acknowledge that as a Feedback Provider you may be privy to confidential information in the form of sensitive or unpublished material, or other matters of a confidential nature which may come to your knowledge in reviewing Submitted Content (“Confidential Information”). You shall not reproduce, edit, store electronically, distribute or retain copies of any part or all of the Submitted Content other than for the purposes of providing a Feedback Report and on the condition that any such necessary copies or reproductions shall remain Circalit’s or the relevant users’ property and shall be returned to Circalit and/or destroyed upon completion of the Feedback Services. You must protect the secrecy of Confidential Information and shall not disclose Confidential Information to any third party nor otherwise make use of such Confidential Information without our prior written consent. If, for any reason, you become aware of any unauthorised use or disclosure of any Confidential Information, you must notify Circalit immediately.