Introduction
Welcome to Circo Africa!
Thank you for signing up for Circo Africa, owned by Circle & Clique Limited, which is registered under the laws of the Federal Republic of Nigeria. The Terms of Service are intended to regulate the relationship between you and us, outlining the terms governing the platform's usage to engender a safe, positive, and inclusive community for all users and in compliance with applicable laws.
The Circo Africa Service
Our service gives you the platform to create, upload, watch, chat, discover, and share videos, pictures, writeups, graphics, memes, music, and other content. It fosters the connection, education, and entertainment of people across the globe. The service utilizes our innovative products, applications, features, services, technologies, and software to advance communication and connectedness.
Acknowledgement
By accessing our service, users acknowledge that the Terms of Service herein constitute a binding agreement with us and further accept to comply with them. Access to and use of our Services is also subject to our Community Guidelines and Privacy Policy, the terms of which are incorporated by reference at this moment.
By signing up for our Service, you represent and warrant that you meet all legal and policy requirements for using this Service, including age. When you access or use the Service on behalf of a business, organization, agency, or other juristic persons, you represent and warrant that you are an authorized representative of the company, organization, agency, or juristic person, with authority to bind the entity to these Terms, and that the entity is legally and financially responsible for your access or use of the Service as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
Changes to the Terms
We amend these Terms from time to time, for instance, when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform. However, you must review the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you disagree with the new Terms, you must stop accessing or using the Services.
Who can use Circo Africa?
While we want our Service to be as open and inclusive as possible, we also want it to be safe, healthy, secure, and compliant with the applicable laws. We, therefore, need you to commit to a few restrictions to be a part of our community:
• Age limit – You must be at least 18 to access the service. This is without prejudice to more restrictive jurisdiction-specific statutory requirements on age. For instance, users in jurisdictions requiring individuals above 18 years old to be allowed access to social media must adhere to such local laws. Accessing the Services shall confirm that you are over the relevant age specified herein. If we discover someone under the applicable age is using the Service, we will immediately terminate that user’s account.
Your Account
To use our service, you must create an account with us. Account creation requires you to supply some personal information, which must be accurate and up to date. Users can promptly update their details to keep such information current and complete.
You are responsible for the activities that occur under your account. To this end, it is important that your login details are kept strictly confidential and not disclosed to a third party. Circo Africa shall have the right to disable your account for violation of these terms of service if activities occur on your account that, in our sole judgment, would or might cause damage to or impair the Service, infringe or violate any third-party rights, or violate any applicable laws or regulations.
Access and use of your Account
Access to and use of the Services is subject to these Terms of Service and all applicable laws and regulations. Therefore:
You cannot make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Services or any content included therein, including any files, tables or documentation or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof.
You cannot intimidate or harass another user or promote sexually explicit content, violence, or discrimination based on race, sex, religion, nationality, ethnicity, disability, sexual orientation, or age.
You cannot use the Services to upload, transmit, distribute, store, share or make available in any way, files that are corrupted by virus, or a material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other prohibited form of solicitation; any private information of any third party without their express permission, including addresses, phone numbers, email addresses, numbers and features in the personal identity document or credit/debit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, mainly trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, ethnicity, disability or sexuality; any material that, in the sole judgment of Circo Africa, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose Circo Africa or its users to any harm or liability.
We shall always reserve the right, at any time and without prior notice, to remove or restrict your access to your account or your content on the platform at our discretion for any reason or no reason. Some reasons we may remove or limit access to your account or content may include finding the content objectionable, violating these Terms or our Community Guidelines, or otherwise harming the Services or our users. Our automated systems analyze your content to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and stored.
Your Content
Contents on Circo Africa include videos, audio, texts, graphics, branding, and other interactive features, whether provided by you, a third party, or Circo Africa. Our users may upload, share, or distribute content. However, users are responsible for the content they upload or share to the Service. Users are encouraged to report content that violates our usage guidelines or any terms of this agreement.
You understand, acknowledge, and agree that we may make revenues, increase goodwill, or otherwise increase our value from your use of the Service, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and Gifts. You further acknowledge and agree that except as expressly permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in or take benefit of any such revenue, goodwill, or value whatsoever.
Uploading Content
You are free to upload content to the Service at no cost. You can use your content to promote your business, ideas, or artistic enterprise. However, you must not upload content that breaches any term of this agreement, contravenes any applicable law, or includes the intellectual property of a third party, such as copyrighted materials, unless the copyright owner has permitted such usage.
Your Ownership Rights
You retain all your ownership rights on the content you upload to the Service and therefore are free to share it with anyone or promote it as you deem fit. However, by uploading your content on the Service, you have granted us certain rights (“License”) to use your content in specific ways to benefit the Service and other users. Therefore, by uploading your content, you grant us the non-exclusive, royalty-free, sublicensable, transferable license to host, use, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of your content. This license terminates upon deletion of your content from our systems.
We can Monetise your Content
In addition to the permission you gave us to use your content in specific ways, you now grant us the right to monetize your content on the Service. This may be by displaying ads on or within the content or charging other users an access fee. This permission does not entitle you to any payment or compensation.
Duration of Permission
We may exercise our rights under the license you gave us if content is removed from the Service. Upon removal, the license terminates immediately and without more. This, however, does not affect our rights that have already accrued or crystallized at the time of removal or deletion, such as our policy of keeping copies for a reasonable length of time needed for legal purposes.
Right to remove Content
It is your discretion to remove your content from the Service at anytime and for any reason. You must remove or delete your content upon realizing that the content is the copyrighted material of a third party, upon the withdrawal of intellectual property rights by a third party owner, or upon being informed by us that the content violates our community guidelines.
If, in our sole opinion, your content violates this Agreement or any of our guidelines or any provision of applicable laws and regulations, is obscene, contrary to public policy, or is capable of causing harm to other users, we reserve the right to remove the offending content or any part thereof. We will give you notice of such removal and state the reasons for our action unless we believe that providing such notice would compromise an investigation, violate the law, jeopardize the integrity of the Service, or cause harm to any user or us.
Permissions and Restrictions
Circo Africa will endeavor to provide a safe, open, and inclusive forum for an integrated community. This can only be realized when users comply with this Agreement and the law and maintain our community guidelines. The following restrictions, therefore, apply to your use of the Service. You are not allowed (to):
• Access or use the Services if you are not of the age as stated in these terms or if you are not fully able and legally competent to agree to these Terms;
• Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Service or any Content except (a) as explicitly permitted by the Service; (b) with prior permission from Circo Africa and, if applicable, the respective rights holders; and (c) as permitted by applicable law;
• Circumvent, disable, fraudulently engage with, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content, or (b) limit the use of the Service or Content;
• Impersonate others or provide inaccurate information. Disclosing your identity on Circo Africa is optional, but you must give us accurate and up-to-date information. Furthermore, you cannot create an account for someone else unless you have their express permission to do so;
• Use your account to engage in any unlawful activity or for any misleading, fraudulent, illegal, or unauthorized purposes;
• Access the Service using any automated means such as robots, botnets, or scrapers, except (a) in the case of public search engines, (b) without our express prior written permission, and (c) as permitted by applicable law,
• Access, collect, or use any information in unauthorized ways, including information that might identify a person, such as harvesting users’ pictures or usernames, unless expressly permitted by that person;
• Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
• Sell, license, offer for sale, or transfer your account, including your username, to another person;
• Cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
• Use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users or writing or soliciting fake reviews;
• Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, irritating, or frivolous submissions;
• Commercializing other users’ content on the Service, or viewing or listening to Content other than for personal, non-commercial use, for example, you may not publicly screen videos or stream music from the Service or
• Modify, translate, create derivative works of, or reverse engineer our products or their components;
• Interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
• Falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Services;
• Harass or intimidate another, or promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Impersonate, use, or attempt to use another’s account, service, or system without authorization from Circo Africa or create a false identity on the Services;
• Use the services to upload hateful or inflammatory; any material that would constitute, encourage, or provide instructions for a criminal offense, dangerous activities, or self-harm; any material that is deliberately designed to provoke or antagonize people, mainly trolling and bullying or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; or
• Use the services to upload any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination based on someone’s race, religion, age, gender, disability, or sexuality; or
• Provide any answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide or
• Use the services to upload material that, in the sole judgment of Circo Africa, is objectionable, restricts or inhibits any other person from using the Services, or may expose Circo Africa, the Services, or its users to any harm or liability.
Additionally, Circo Africa reserves the right, at any time and without prior notice, to remove or restrict access to content at our discretion for any reason or no reason. Access to your account or content may be removed or disabled should the content be found objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users.
Intellectual Property rights
We frown at all forms of intellectual property rights infringement. Therefore, as a condition for granting you access to and use of the Service, you now accept not to use the Service in a manner that infringes on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and terminate any user's account(s) that infringes any copyrights or other intellectual property rights.
Changes and Updates on our Services
We are constantly evolving and improving our Service. This continual evolution may involve frequent modifications to some or all parts of the Service, such as adding or removing features and functionalities, offering new digital content or services, or discontinuing old ones. We may also, from time to time, need to alter or suspend the Service, or any part of it, to make performance or security improvements, technical maintenance, make changes to comply with law or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even an individual user.
You acknowledge that these changes are necessary and part of rendering excellent service to you. Suppose we make material changes that negatively impact your use of the Service. In that case, we will endeavor to provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. However, in all such cases as those listed and similar cases, we will not be liable for any loss or inconvenience you may suffer due to the discontinuance of the Service.
Our Reservations
We reserve any right not expressly granted to you in this Agreement. Such rights remain ours and those of the respective rights holders. To this end, using the Service does not give you ownership of any intellectual property rights in the Content you access.
Termination by User
You have unrestrained rights to terminate or discontinue using your account at any time and for any reason or no reason. Your obligations towards us end upon termination/deletion of your account, and all rights granted to us to regulate your account and host and use your content are extinguished, subject to other terms of this agreement.
Our Right to Terminate or Suspend
We reserve the right to terminate, suspend, or temporarily restrict your access to the Service or any part thereof if (a) you materially or repeatedly breach this agreement or (b) we are required to do so in compliance with a legal requirement or an order of court; or (c) we have reasonable grounds to believe that there has been activities that creates and threatens to create liability for any user, other third party, Circo Africa or our affiliates.
We will give you notice of the reason for the termination or suspension of your account unless we reasonably believe that to do so would (a) violate the law, (b) jeopardize an investigation, (c) compromise the integrity, operation, or security of the Service; or (d) cause harm to any user, other third parties, Circo Africa or our affiliates.
Suppose your access to the Service is restricted, enabling you only to view or access some aspects of the platform (such as viewing only). In that case, this agreement will continue to apply, with necessary modifications.
Termination or suspension of account can be appealed if you believe that it was done in error and we shall reserve the right to review and, if we find justifiable reasons to restore your account, we may do so without any liability to you for having earlier terminated or suspended your account. You acknowledge that such termination or suspension is done in the best interest of Circo Africa, the Community and to ensure continued compliance with the relevant laws.
Strikes
Strikes are warnings given to a user as a caution for a minor violation of the terms of this agreement or any applicable law, rule, or regulation. Strikes may come with varying restrictions such as temporary restrictions on your account or a part thereof. If your account is restricted, you should not attempt to log into the service through another account in order to circumvent the restriction as this shall be deemed a material breach of the terms of this agreement.
Open Source
Our platform contains some software used in our Service which may be offered under an open-source licence. You are hereby notified that each item of open-source software is subject to its applicable license terms, so please be sure to read those licenses. There may be provisions in an open-source license that expressly override some of these terms,
Third-Party Links, Software and Online Services
Our platform may contain links to third-party websites, software, and online services that are not owned or controlled by Circo Africa. We hereby state that we have no control over such third-party links, and therefore assume no responsibility for your activities while using them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We advise that while navigating to such third-party sites, you should read the terms and privacy policy of each third-party website and online service that you visit, as your visit to such websites and online services is entirely at your own risk.
Feedback
While we appreciate your feedback, comments, and suggestions, and continually work hard to improve our services through such valuable feedback, we have no obligation to review, consider, or implement your feedback or return it to you all for any reason. All feedback provided to us is received on a non-confidential basis, and we are not under any obligation to keep it confidential.
Therefore, we may reproduce, share, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
Disclaimer
This disclaimer does not affect consumer rights that cannot be limited, excluded, or altered by contract. Other than as expressly stated herein or as required by law, Circo Africa does not make any specific promises about the Service; particularly, the Content provided through the Service, the specific features of the Service, or its accuracy, completeness, reliability, availability, or ability to meet your needs. You are, therefore, required to carry out your independent investigation or further inquiry on any information or service obtained from the use of the Service.
Warrant
Circo Africa warrants to provide the Service with the skill and competence expected of a prudent social media application owner/host. However, you acknowledge and agree that when you view content provided by other users of the Service, you are doing so at your own risk. The content on our Service is provided for general information only. It is not intended to amount to advice on which you should rely. It is not verified or vetted by us. You must obtain professional advice before taking, or refraining from, any action based on the content of our Service.
Circo Africa makes no representations, warranties, or guarantees, whether express or implied, that any Content on our platform is accurate, reliable, complete, or up to date. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services.
The Service will be provided on an “as is” basis. We also make no warranty that the Service will meet your requirements or desires, be uninterrupted, secure, timely, or error-free.
Exclusion of Liability
Without prejudice to any liability that cannot be limited or excluded by law, Circo Africa and its affiliates will not be responsible for:
• losses that were not caused by Circo Africa or its affiliate’s breach of this agreement;
• any fraud or misrepresentation suffered by a user, resulting in loss of money or property, or indeed any form of loss;
• the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user;
• for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages in all cases whether such losses were foreseeable or not; or
• any loss or damage that was not, at the time that this Agreement was formed between you and Circo Africa, a reasonably foreseeable consequence of Circo Africa or its Affiliates breaching this Agreement;
You acknowledge that we only provide our platform for domestic and private use, and agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
In the event of established liability, the liability of Circo Africa and its affiliates arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that Circo Africa has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to Circo Africa, of the claim and (b) ₦50,000, whichever is higher.
Indemnity
You agree to hold harmless, defend, and indemnify Circo Africa, its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any claims, liabilities, costs, judgments, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user, or your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
No waiver
Severability
Assignment
Governing Law
Dispute Resolution
Modification of these Terms
