Squarespace Circle Terms of Participation
Last updated: May 14, 2018
Squarespace provides sites, templates, products, applications, tools and features (collectively, the “Services”) to enable its users to build and maintain an online presence. The Services include the Circle (the “Circle”), a program to support the community of creators, developers and designers who use the Services to build sites for themselves and their clients (“Clients”). Each member of the Circle is a “Member” and holds a “Membership.”
By applying for Membership and becoming a Member, you’re agreeing to the Circle Terms of Participation (the “Circle Terms”), the Squarespace Terms of Service (our “Terms of Service”) and the Civilized Discourse Construction Kit, Inc. Terms of Service (collectively, the “Circle Agreement”). If you’re using the Circle for an organization, you’re agreeing to the Circle Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in the Circle Terms, you may not apply for Membership or be a Member.
Note that any capitalized terms not defined in the Circle Terms have the meanings set forth in our Terms of Service. In the event of a conflict or inconsistency, our Terms of Service shall govern, followed by the Circle Terms. If you have any comments or questions about the Circle or the Circle Terms, feel free to contact us.
To qualify for Membership, you must be a contributor on three (3) or more active sites on Squarespace within the past six (6) months, and must provide additional qualifying information requested by Squarespace (collectively, the “Requirements”). You agree to provide us with accurate, complete and updated information for your Circle application and, if accepted, your Circle profile.
We reserve the right, which we may exercise at any time and in our sole discretion, and without liability or notice to you, to: (a) modify the Requirements; (b) grant or deny your Membership; or (c) terminate your Membership. You understand that satisfaction of the Requirements does not guarantee Membership or continued Membership.
Your Membership may include access to Circle benefits (the “Benefits”). Subject to your Membership, Squarespace grants to you a non-exclusive, non-sublicensable, non-transferable, royalty-free, revocable, limited license to use the Circle badge (the “Circle Badge”) for the sole purpose of advertising any website design and development services you provide to your Clients using the Services (such services, the “Client Development Services”, and such limited license, the “Logo License”). The Logo License is a Benefit. Termination of your Membership will result in immediate termination of your Logo License. Your use of the Circle Badge is subject to the Squarespace Brand Guidelines and Circle Logo Guidelines.
The Benefits are constantly evolving as we refine, add and potentially remove features, so please check in regularly to see the latest Benefits. Squarespace reserves the right, which we may exercise at any time and in our sole discretion, and without liability or notice to you, to modify or terminate the Circle or any Benefits.
Unless otherwise permitted in the Circle Agreement or authorized in writing by Squarespace, you may not refer to yourself as employed by, affiliated with or endorsed by Squarespace, provided that you may refer to yourself as a Member during the term of your Membership. Neither the Circle Agreement nor your Membership shall create any agency, partnership or joint venture between you and Squarespace.
3. USE OF YOUR DATA
4. USE OF THE SERVICES BY YOU
The Circle is provided by Squarespace solely for Members. Unless otherwise permitted in the Circle Agreement or authorized in writing by Squarespace, you will not reproduce, copy, display, share, trade or resell any Circle materials, including without limitation the Benefits.
Please safeguard any Account you use to access the Circle or any related Services and make sure others don’t have access to your Account(s) or password(s). You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Membership, Account(s) or password(s). You're solely responsible for any activity on your Account(s).
“Confidential Information” means financial, business, legal or technical information that is marked or otherwise identified as proprietary or confidential at the time of disclosure, or that by its nature would be understood by a reasonable person to be proprietary or confidential. Confidential Information shall include without limitation: (a) Benefits content; and (b) any posts by Squarespace, or current or former Members, to the Circle community forum (the “Member Forum”).
Unless otherwise authorized in writing by Squarespace, you agree that you will only use Confidential Information as permitted herein, and you will not disclose, sell, license, transfer or otherwise make available any Confidential Information to any person or entity (including without limitation your Clients), except to your affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors, who are otherwise bound) to keep it confidential. Your confidentiality obligations, as they apply to any Confidential Information disclosed prior to termination, will survive termination.
6. TERM AND TERMINATION
The Circle Agreement will remain in effect until terminated by either you or us. To terminate the Circle Agreement, you may contact us or simply stop participating in the Circle at any time.
We reserve the right, which we may exercise at any time and in our sole discretion, without notice or liability to you, to suspend or terminate: (a) in whole or in part, the Circle and the Benefits; or (b) your Membership. For example, we may: (1) suspend or terminate your Membership if you're violating the Circle Agreement; (2) discontinue any Benefit; or (3) terminate the Circle in its entirety. Termination of the Circle or your Membership shall terminate the Circle Terms as to you. All sections of the Circle Terms that by their nature should survive termination shall survive termination, including without limitation Confidentiality, Term and Termination, Representations, Indemnification and Additional Terms.
As a Member, you represent that: (a) you have full right, power and authority to enter into the Circle Agreement and perform all of your obligations hereunder; (b) you’re in full compliance with all terms of the Circle Agreement; (c) you will comply with all applicable laws in connection with the Circle Agreement; and (d) any User Content you use, post, distribute or share in connection with your Membership, including without limitation any User Content posted to the Member Forum, will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
As a Member, you further represent that you will engage in good faith efforts to provide the Client Development Services to your Clients in a satisfactory manner. Additionally, you agree to inform your Clients that: (1) you’re not employed by, affiliated with or endorsed by Squarespace (provided that you may refer to yourself as a Member during the term of your Membership); (2) Squarespace is not a party to any agreement, whether written or oral, entered into between you and your Clients; (3) Squarespace makes no representations or warranties about the quality of the Client Development Services you provide to your Clients; and (4) Squarespace is in no way responsible for performing, or liable in any way for, any Client Development Services you provide to your Clients.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Squarespace from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of the Circle Agreement; (b) your Membership, including without limitation any User Content you post to the Member Forum; and (c) any claims from your Clients or their End Users, including without limitation any claims related to your provision and your marketing and promotion of Client Development Services.
We may modify the Circle Terms from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you in accordance with the procedures set forth in our Terms of Service. By continuing to participate in the Circle after any modifications come into effect, you agree to be bound by the modified Circle Terms. If you disagree with our changes, then you should stop participating in the Circle.
10. ADDITIONAL TERMS
The Circle Agreement constitutes the entire agreement between you and Squarespace regarding the Circle and your Membership, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the Circle. The Circle Terms create no third party beneficiary rights. Our failure to enforce any provision of the Circle Terms is not a waiver of our right to do so later. If any provision of the Circle Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under the Circle Terms, and any such attempt will be void. We may assign our rights under the Circle Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Circle.
Appendix A: Benefits
- exclusive content relating to Members' provision of Client Development Services;
- six (6) month trial period for cover pages, websites or online stores;
- the Logo license
- Member-specific treatment from Squarespace customer care;
- Member discounts on Services
- access to the Member Forum; and
- Membership emails relating to the Circle, new features, product releases and tips concerning the provision of Client Development Services