1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.circlebuzz.com , including its microsites, (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by CircleBuzz, ("CircleBuzz") from time to time in its sole discretion.  It is your responsibility to review these Terms of Use periodically to update yourself regarding any changes, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SITE AND SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR THAT YOU ARE AT LEAST 13 AND HAVE YOUR PARENT'S PERMISSION TO USE THIS SITE.

2. PRIVACY POLICY. CircleBuzz respects your privacy and permits you to control the treatment of your personal information. A complete statement of CircleBuzz's current privacy policy can be found by clicking here. CircleBuzz's privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify CircleBuzz immediately on any unauthorized use of your account, user name, or password. CircleBuzz shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by CircleBuzz, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

3. USER CONTENT. You grant CircleBuzz a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site, you are granting CircleBuzz, a license to use User Content in connection with the operation of the Internet business of CircleBuzz, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that CircleBuzz may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.  Further, by posting to the Site you agree that CircleBuzz has the right to use your posts for promotions, advertising, market research or any other lawful purpose.  For more information see the CircleBuzz privacy policy.

4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

5.  MONITORING. CircleBuzz has the right but not the obligation to monitor the content of the Site, including any chat room or forum that may be included or affiliated with the Site to ensure compliance with this Agreement and to satisfy any applicable law or regulation.  CircleBuzz shall have the right to remove any material that CircleBuzz in its sole discretion, finds to be objectionable or a violation of these provisions or any applicable law or regulation.

6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services or (d) advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other Sites that are directly or indirectly competitors of CircleBuzz.  CircleBuzz reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. CircleBuzz intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. ALLEGED VIOLATIONS. CircleBuzz reserves the right to terminate your use of the Service and/or the Site. To ensure that CircleBuzz provides a high quality experience for you and for other users of the Site and the Service, you agree that CircleBuzz or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. CircleBuzz does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CircleBuzz reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if CircleBuzz believes that you have violated any of the Terms of Use, furnished CircleBuzz with false or misleading information, or interfered with use of the Site or the Service by others.

8. NO WARRANTIES. YOU USE THIS SITE AT YOUR SOLE RISK. CIRCLEBUZZ HEREBY DISCLAIMS ALL WARRANTIES. CIRCLEBUZZ IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRCLEBUZZ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CIRCLEBUZZ DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. LIMITED LIABILITY. CIRCLEBUZZ'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CIRCLEBUZZ BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY CIRCLEBUZZ.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

10. AFFILIATED SITES. CircleBuzz has no control over, and no liability for any third party websites or materials. CircleBuzz works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither CircleBuzz nor the Site has control over the content and performance of these partner and affiliate sites, CircleBuzz makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and CircleBuzz assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that CircleBuzz makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

11. PROHIBITED USES. CircleBuzz imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CircleBuzz in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

12. INDEMNITY. You agree to indemnify CircleBuzz for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless CircleBuzz, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CircleBuzz will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

13. COPYRIGHT. All contents of Site are the exclusive property of CircleBuzz, LLC Copyright © 2010 or is used with the express permission of the copyright or trademark owner. Any copying, distributing, transmitting, posting, linking or otherwise modifying of this site without the express permission is prohibited.  Any violation of this policy could result in civil or criminal penalties.  You may only download/ print/ save the copyrighted material only for your personal use.

14. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA in all disputes arising out of or related to the use of the Site or Service.

15. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

16. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by CircleBuzz or by any third party.

17. MODIFICATIONS. CircleBuzz may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. CircleBuzz shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

18. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

18. DAILY DEALS - HOW IT WORKS:

THE DEAL

CircleBuzz offers a smart indulgence - the opportunity to purchase a voucher for a family friendly experience or product at an exceptional discount - "the daily deal", which only goes into effect when a specific "tipping point" is met by enough people purchasing the deal.

THE VOUCHER

When you place an order for a voucher or vouchers you are making an offer to CircleBuzz pursuant to this Terms of Use. The deal is not yours until you receive a voucher by email from CircleBuzz. Once the "tipping point" is met, the deal is yours and your credit card will be charged. You are required to create an account to purchase a voucher.

The voucher has two components - the cash paid and the deal.  If you redeem your voucher for less than the amount stated on the voucher then your purchase is allocated first against the cash paid portion until exhausted and then against the deal portion that is left.

EXPIRATION

The deal portion of the voucher expires on the stated date. You may redeem the cash paid portion as long as required by applicable law.

SPECIFIC DEAL TERMS

Each Daily Deal has its own terms that will be presented to you at the time you commit to purchase a specific deal.

GENERAL DEAL TERMS

Unless stated otherwise the following terms apply to all CircleBuzz deals:

§         The voucher has no cash value and is non-refundable

§         You may not redeem the cash paid portion of the voucher for cash except as required by law

§         You may not redeem the promotional part of the voucher for cash back unless required by law

§         The voucher may not be used for alcoholic beverages unless merchant agrees and which may be limited by the applicable state law

§         You may not combine the voucher with any other coupon or discount

§         The voucher cannot be used for taxes, prior balances, tips, shipping or handling

§         Restaurant Vouchers are redeemable in their entirety and not incrementally

§         CircleBuzz is not responsible for lost or stolen vouchers or reference numbers

§         When you purchase a deal you acquire the right to print your voucher and whether you do or not is at your sole discretion

CIRCLEBUZZ IS ONLY AN AGENT

CircleBuzz acts only as an agent in facilitating a Deal and selling the Voucher. The Merchant actually issues the Voucher and is the seller of the goods or services that you are purchasing. As such, the Merchant is solely responsible for any injuries, illnesses, damages, claims, liabilities and costs suffered by you which is caused in whole or in part by the restaurant or the merchant, as well as any unclaimed property liability arising out of unredeemed vouchers. 

19. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.