Terms and Conditions

Welcome to Circa 29. These General Terms and Conditions (as amended by Circa 29 from time to time, the "General Terms") govern your use of circa29avl.com (including all domains and sub-domains thereunder, the "Website") and any services provided or received thereby. 

ACCEPTANCE

By use of this website, you shall be deemed to have accepted these General Terms in their entirety.  Read these General Terms carefully since they describe the terms and conditions under which Circa 29 makes the Website available to you.  If you do not accept these General Terms, or if you breach these General Terms, you may not use the Website.  In this document, "you" means the person or company using the Website; "Circa 29" means Circa 29, LLC and its affiliates. If you are dissatisfied with the Website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website.   

RESTRICTIONS

You may not:

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

  • Use the Website to collect information about others, including e-mail addresses; or violate the security features of the Website, such as by (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

LICENSE TO CIRCA 29

You hereby grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right, subject to compliance with the Privacy Policy, to exercise all copyright and publicity rights with respect to all information that you post or cause to be posted on the Website, including any information that you provide through the Event Agent (as defined below).

Circa 29 INTELLECTUAL PROPERTY

You agree that, except as expressly authorized by Circa 29, you shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of, or access to, any portion of the Website. You further acknowledge and agree that third parties may own or possess intellectual property rights in content submitted by other Participants. Except as expressly authorized by Circa 29, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on, any information contained on the Website, in whole or in part. 

PRIVACY

If you register with Circa 29, you may be required to provide Circa 29 with personal information such as your name, phone number, address, and e-mail address. You agree to provide true, accurate, current and complete information when registering with the Website.  It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or out of date, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or out of date, we reserve the right to suspend or terminate your access to the Website (and any related account) without notice and to refuse any and all current and future use of this site. Notwithstanding any provision of the Privacy Policy to the contrary, you hereby grant Circa 29, and all other persons or entities involved in the operation of the Website, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. To the maximum extent permitted by law, Circa 29 cannot, and hereby disclaims, any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Website.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY BY Circa 29

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, IS AT YOUR SOLE RISK. CIRCA 29 (A) MAKES THE WEBSITE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE WEBSITE OR ITS CONTENTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CIRCA 29 MAKES NO WARRANTY (A) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR RECEIVE ANY SERVICES, CONTENT OR INFORMATION THROUGH USE OF THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT, AS BETWEEN YOU AND CIRCA 29, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR.  IN NO EVENT SHALL CIRCA 29, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Circa 29 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT CIRCA 29 WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE WEBSITE ABSENT SUCH LIMITATION.

INDEMNIFICATION

You agree to defend, indemnify, and hold CIRCA 29, its officers, directors, employees, agents, licensors, affiliates and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your use or misuse of the Website, any violation of these General Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

APPLICABLE LAW; VENUE

You agree that exclusive jurisdiction for any dispute with Circa 29, or in any way relating to your use of the Website, resides in the federal or state courts sitting in the State of NC, and hereby consent to the exercise of personal jurisdiction and venue in such courts in connection with any such dispute. 

REMEDIES

In addition to its rights under applicable law, if Circa 29 determines, in its sole discretion, that you have breached any provision of these General Terms, or have otherwise demonstrated inappropriate conduct, Circa 29 reserves the right to immediately take any or all of the following actions without any notice or warning to you to (i) delete any or all content provided by you, or anyone acting under your member name, to Circa 29; (ii) discontinue your registration(s) with Circa 29; (iii) discontinue your subscription to any content and/or product or service purchased through the Website; (iv) notify or send content to and/or fully cooperate with the proper law enforcement authorities for further action; or (v) take any other action which Circa 29 deems to be appropriate.  Upon the discontinuation of your ability to access the Website by Circa 29, you agree that you shall not attempt to re-register with, or access, the Website or use any Website content or any other product or service provided by Circa 29, whether through use of a different member name or otherwise.

CHILDREN'S PRIVACY

We are committed to protecting the privacy of children. You should be aware that the Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know to be a child under the age of 13.

MISCELLANEOUS

The failure of Circa 29 to insist upon or enforce strict performance by you of any provision of these General Terms or to exercise any right under the General Terms will not be construed as a waiver or relinquishment of Circa 29’s right to assert or rely upon any such provision or right in any instance. Circa 29 may assign its rights and obligations under these General Terms and upon such assignment Circa 29 may be relieved of any further obligation hereunder.  You are not permitted to assign your rights and obligations hereunder. These General Terms and the Circa 29 Privacy Policy constitute the entire agreement between you and Circa 29 with respect to the use of the Website.  Circa 29 may modify these General Terms at any time without liability. Your continued use and access of the Website following notice that these General Terms have changed constitutes your acceptance of the new General Terms. Circa 29 may reject or remove any listing for any or no reason. Circa 29 may modify, suspend, discontinue or terminate the Website (or any part thereof), with or without notice, for any reason. If any provision of these General Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these General Terms, which shall remain in full force and effect.  You and Circa 29  are independent contractors and your use of the Website shall not be deemed to create any agency, partnership, joint venture or employee-employer relationship. All notices required or permitted to be given under these General Terms shall be deemed delivered (a) in the case of notice to you, upon prominently posting by Circa 29  of such notice on the Website and/or sending written notice to you at any e-mail and/or post office address you have provided to Circa 29  and (b) in the case of notice to Circa 29  upon receipt by Circa 29 of an e-mail submitted through the 'Contact Us' link on the Contact Us page or if delivered personally or mailed first-class, postage pre-paid, by registered or certified mail (notices mailed shall be deemed to have been given ten (10) business days after mailing) to Circa 29, 56 Patton Avenue Asheville, NC  28801.