FulSircle, LLC ("FS" "we" or "us") owns and operates this website and other FulSircle websites ("FS Site"). FS has also developed certain social networking Sites and technologies (collectively, "FS Technologies") through which FS powers, hosts, and administers all or certain portions of third party web sites operated by other organizations ("FS Affiliated Web Sites"). Additionally, FS may offer interactive features ("FS Interactive Features") that are accessible or downloadable from the FS Site and the FS Affiliated Web Sites. The FS Site, FS Affiliated Web Sites and FS Interactive Features are collectively referred to herein as the "FS Sites". These Terms of Use (the "Terms") set forth the terms and conditions governing the use of the FS Sites. By accessing or using the FS Sites, you accept and agree to be legally bound by these Terms. Do not use the FS Sites if you do not agree with these Terms. We may make changes to these Terms from time to time in our sole discretion, by updating and posting the revised Terms on the FS Sites. You may also check the effective date on these Terms to determine whether any updates have occurred. Your use of the FS Sites following the posting of a new version of these Terms constitutes your acceptance of any such changes. Please also review our Privacy Policy. We may post other guidelines that apply to your use of certain features we offer through the FS Sites (such as blogs, message boards or similar forums), and you agree to such additional guidelines when you access these features. To the extent there is a conflict between these Terms and any additional guidelines, the additional guidelines will control, unless the additional guidelines expressly state that these Terms will control. 1) What is FulSircle? Through the FS Sites, you may have the opportunity to register with us and become a member ("Member"). As a Member, you may establish Sircles that link together other Members ("Sircles"). You may also create personalized profiles ("Profiles") that you may choose to display to other Members and visitors to the FS Sites. You may also invite other Members and individuals to register with us become your friend ("Friend"). FS Affiliated Web Sites may utilize the FS Technologies to perform a variety of functions, from hosting and powering an entire web site, to performing limited tasks such as calendaring and database management. When you sign up to become a Member of a FS Affiliated Web Site, you register both with that web site and FS, and your e-mail address and password automatically give you access to both that web site and the FS Site. When you sign up and become of Member of the FS Site, your e-mail address and password will automatically give you access to any FS Affiliated Web that validates you as a member of their organization. If you are logged in on any of the FS Sites and travel to another FS Affiliated Web Site, FS may recognize you so you do not need to login again, provided such web site validates you as a member of its organization. 2) What Is Your Acceptable Use Policy? While using the FS Sites, you represent, warrant and agree to adhere to the following acceptable use policy: a) No Illegal Content You will not send, post, transmit, upload, distribute, or otherwise make available (collectively, "Submit") any material that is: i) libelous or disparaging of any person or entity; ii) false, fraudulent or tortuous; iii) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; or iv) in violation of any other rights of any person, of any law or regulation or otherwise objectionable, in FS's sole discretion. b) No Photos, Music or Content You Don't Own or Have Permission to Use You will not Submit: i) photographs or videos of another person unless you have that person's permission; ii) pirated music or other music that you do not own; or iii) any content unless you own it or have all necessary rights to Submit it. c) No Hate Messages, Obscenity or Violence. You will not Submit any material, including, without limitation, images and links to third party web sites, that is: i) violent, promotes violence or racial hatred, bigotry, terrorism or illegal acts against any individual or group. ii) harmful, abusive, harassing, hateful, degrading or intimidating to any individual or group; or iii) obscene, indecent, pornographic, vulgar, profane, or sexually explicit. d) No Stalking You will not stalk or otherwise harass other Members or visitors. e) No Impersonation You will not impersonate (or create a Profile or Sircle that impersonates) any person or entity; falsely state or otherwise misrepresent your affiliation with any person, entity or Sircle, including FS; forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials Submitted to us or through the FS Sites; or expressly state or imply that FS endorses any statement you make. f) No Collection of Personal Information You will not collect or harvest personally identifiable information about other Members or visitors. g) No Spam You will not use the FS Sites to Submit any advertising, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation. h) No Name Calling You will not engage in any name calling or otherwise attack another Member or visitor. i) No Viruses You will not Submit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the FS Sites or any hardware, software, or telecommunications equipment or with any third party's uninterrupted use and enjoyment of the FS Sites. j) No Hacking You will not violate or attempt to violate the security of any portion of the FS Sites, including but not limited to: (i) access content not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) restrict or inhibit any other user from accessing the FS Sites, including, without limitation, by means of hacking or defacing any portion of the FS Sites; or (v) reverse engineer, decompile or disassemble any portion of the FS Sites. k) No Data Mining, Scraping, Etc Except for search engines presenting links to users searching for FS and related content, you will not use any robot, spider, site search/retrieval Site, or other manual or automatic device or process to retrieve, "data mine," index, scrape, or in any way reproduce or circumvent the navigational structure or presentation of the FS Sites or its content, unless otherwise permitted by FS. 3) Who owns the FS Sites and Content? a) Content The FS Sites contain all types of copyrighted materials, such as information, articles, opinions, event calendars, graphics, photographs, links, images, video and audio clips, user submissions, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall "look and feel", (2) trademarks, logos, trade names, service marks, and trade identities of various parties, including us (collectively the "Trademarks"), and (3) other forms of intellectual property (all of the foregoing are collectively and individually referred to as "Content". The FS Sites (including past, present and future versions) and the Content are owned or controlled by FS or its licensors. All right, title and interest in and to the Content available via the FS Sites is the property of FS or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws. b) Content Updates While we strive to keep the Content that we post on the FS Sites accurate, complete, and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content on the FS Sites (whether posted by us, a Member, or any other third party) is accurate, complete, and timely or applies to you. c) Modification or Suspension of FS Sites We reserve the right, at any time and without notice to you, to modify, update, suspend, or discontinue, temporarily or permanently, all or part of the FS Sites, in our sole discretion. This includes the right to modify, discontinue or remove any Content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we shall not be liable to you for any modification, general suspension or discontinuance of any aspect of the FS Sites. 4) How may I use the Content offered on FS Sites? a) License FS grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content retrieved from the FS Sites only for your personal, non-commercial use. You may not remove or hide any copyright notice, trademark notice, or other proprietary rights notice displayed on or with the Content. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via FS Sites in any other manner or for any other purpose without the prior express written permission of FS or its licensor, as applicable. This applies regardless of whether or not a copyright or trademark notice appears on the Content. b) No Title is Transferred to You Title to any Content that you download or print is not transferred to you. You acknowledge that you do not acquire any ownership rights in any Content by using the FS Sites or by virtue of downloading, printing, modifying or using Content from the FS Sites. All rights not expressly granted in these Terms are expressly reserved to FS or its licensors. c) Separately Licensed Content. In some instances, certain Content that you download from the FS Sites is subject to a separate license agreement or other specific terms and conditions which will be provided at the time you download or install the Content. 5) What about User Forums, Blogs and Submissions? The FS Sites may offer event calendars, forums, message boards, blogs or other interactive areas ("User Forums") to give our Members arenas to express their opinions, facilitate social networking, and share their ideas, information, and other user-generated Content (collectively "Submissions"). You must be a Member in order to participate in User Forums. a) Rights Granted in your Submissions Whenever you Submit a Submission to a User Forum or directly to FS through the FS Sites (including by e-mail) you: (1) grant to FS and its affiliates an irrevocable worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free right and license to use, exploit, reproduce, modify, adapt, translate, incorporate in other works, and otherwise create derivative works from, publish, distribute, transmit, broadcast, perform, display, and otherwise exercise all rights in and to such Submission (including the right to use or not use your name, voice, likeness and other identifying information in connection therewith), including without limitation, the right to use the Submission in advertising and marketing materials or otherwise exploit it for profit via the FS Sites or otherwise, in any form, media, or technology now known or later developed, without any compensation to you, and (2) consent to all relevant acts or omissions in relation to your moral rights in such Submission (if any) which may or might otherwise constitute a breach or infringement of those FulSircle, LLC ("FS" "we" or "us") owns and operates this website and other FulSircle websites ("FS Site"). FS has also developed certain social networking sites and technologies (collectively, the "FS Technologies") through which FS powers, hosts, and administers all or certain portions of web sites operated by other organizations that register with us ("FS Affiliated Web Sites"). Additionally, FS may offer interactive features ("FS Interactive Features") that are accessible or downloadable from the FS Site and FS Affiliated Web Sites. The FS Site, FS Affiliated Web Sites and FS Interactive Features, are collectively referred to herein as the "FS Sites". This Privacy Policy applies to the FS Sites that post this Privacy Policy or where we otherwise collect information and specifically identify it as being subject to this Privacy Policy. Please also review the Terms of Use, which governs your use of the FS Sites. 1) What is FulSircle? a) Members, Friends and Sircles. Through the FS network, you have an opportunity to register with us and become a member ("Member"). Members may establish Sircles that link together other Members ("Sircles"). Sircles may be public (open to all Members) or closed (by invite only). Closed Sircles might choose to allow other Members to view the closed Sircle, although only invited Members could participate in the Sircle. Members may invite other Members as well as invite non-Members to register with the FS and become their friends ("Friends"). FS stores the e-mail addresses that Members provide so that the individual may be added to the Member's list or be invited to join a Sircle. When invited individuals can decline or accept the invitation or may later choose to rescind or terminate. Members may share information and establish a network within any FS site or across multiple FS Sites. b) Automatic Access. When you sign up to become a Member of a FS Web Site, you register both with FS and Affiliated Sites, and your e-mail address and password automatically give you access to the FS Affiliated Site and the FS Site. When you sign up and become of Member of FS, your e-mail address and password will also automatically give you access to any FS Affiliated Web Site that validates you as a member of its organization. If you are logged in on any of the FS Sites and travel to a FS Affiliated Web Site, FS can recognize you so you do not need to login again, provided such web site validates you as a member of its organization. c) Profile As a Member, you may create a personal profile that includes such items as your hobbies, employment, personal photos and contact information ("Profile"). You choose whether to share certain aspects of your Profile with Friends, Sircles and the public. This Privacy Policy does not apply to any information that you disclose publicly or otherwise upload onto your Profile that you choose to disclose publicly or share with Sircles or Friends. d) Public Information Please note that FS does not control who will have access to the information that you choose to include in your public Profile, share with Friends or share in Sircles. Therefore, please think carefully before deciding what information you include in your Profile or otherwise make available to others. We are not responsible for the accuracy, use or misuse of any information that you disclose or receive through the FS Sites. e) Social Networking To facilitate social networking, Members may search for other Members on the FS site through a variety of methods, such as by first and last name, location and interests, if Members have designated that information is available to others. Members may decide whether and what portions of their Profiles they wish to share with other Members, Friends and Sircles. Members may upload information about upcoming events and sign-up to receive event reminders from us. As part of its membership, Members may create and share their own blogs with others, share photos and upload videos, documents and podcasts. 2) What Information Does FS Collect Through the FS Sites? a) Personal Information "Personal Information" is information that would allow someone to identify you personally or contact you, including, name, e-mail address, birth date, credit card number and phone number. i) We may collect and store Personal Information at various times, such as when you choose to become a Member, sign-up to receive an e-mail newsletter, or conduct a transaction through the FS Sites. ii) We may also collect and store "demographic information" or information about your hobbies, interests and education, such as when you create a Profile. If we link this information with your Personal Information, we will treat it as Personal Information. You may always choose not to submit your Personal Information, but you may not be able to take advantage of all features offered by the FS Sites. We may also provide you opportunities to submit Personal Information about other individuals, such as to send an e-mail invitation to join a Sircle or become your Friend. This includes opportunities to import contacts stored in your personal address books in order for you to send such e-mail invitations through the FS Sites. We will not use your friend's Personal Information to send other e-mail communications unless we disclose otherwise at the time you provide the information. iii) We may obtain Personal Information about you from third parties. For example, your organization may confirm with us that you are a member of that organization or are registered to attend an event at the organization. If you log onto the FS Sites and indicate that you are a member of a religious organization that utilizes the FS Technologies, the religious organization may share your Personal Information with us. We may use such Personal Information in combination with Personal Information that we have collected from you on the FS Sites, in which case we will apply this Privacy Policy to such information. We are not responsible for the accuracy of this Personal Information or how such third parties collect and use this Personal Information. b) Non-Personal Information. We use a variety of common place technologies that automatically collect non-personally identifiable information ("Non-Personal Information") when you use and navigate the FS Sites. We use Non-Personal Information for many purposes, including to improve and to enhance your user experience with the FS Sites. This Non-Personal Information includes your browser type, operating system and the following: i) IP Address The IP Address is a number that is automatically assigned to you whenever you access the Internet. We may use the IP Address for a number of purposes, such as for security or auditing purposes or to estimate the number of visitors from different locations. ii) Cookies A cookie is a data file that we place on your computer when you visit the FS Sites. We may use cookies for many purposes, such as to track passwords, login, registration or identification, user preferences and lists of pages while visiting the FS Sites. You may disable cookies using your browser's preferences, but some features of the FS Sites may not function properly or may operate slowly if you disable cookies. We do not save Personal Information in cookies, but we may link cookies to any Personal Information or other information we collect. iii) Web Beacons We may include small graphic images called web beacons, also known as "clear gifs", in our web pages and e-mail messages. Web beacons may be invisible to you, but any electronic image viewed as part of a web page or e-mail can act as a web beacon. We may use web beacons for many purposes, such as to count visitors to the FS Sites, to monitor how visitors navigate our FS Sites or include them in e-mail messages in order to count how many messages we sent were actually opened or acted upon. iv) Mobile Devices. Certain mobile service providers uniquely identify mobile devices and we will receive such information if you access the FS Sites through mobile devices. Certain features of our FS Sites may require collection of a mobile phone number and we may associate that phone number to the mobile device identification information. Additionally, some mobile phone service providers operate a system that pinpoints the physical location of devices that use their service. Depending on the provider, we may automatically receive this information. 3) How Does FS Use Personal Information? We store and may use your Personal Information for many purposes, including without limitation, to send you newsletters and other e-mail communications for which you have subscribed or agreed to receive; provide you with services or fulfill transactions that you have requested; communicate with you regarding information, features or offers that we believe will be of interest to you; contact you regarding a sweepstakes, contest or promotion (collectively "Promotion") in which you have participated; respond to your questions or other requests; contact you with regard to your use of the FS Site or, in our discretion, changes to this Privacy Policy, Terms of Use or other policies; or for other purposes disclosed at the time you provide your information. We may also use such information to improve the FS Sites and their content, features and services; customize your experience on the FS Site; provide you targeting content and advertising, or for other internal business purposes. 4) When May FS Share Information with Outside Parties? The following are instances when we may disclose your Personal Information and/or Non-Personal Information (collectively, "Information") with outside parties: a) Marketing Purposes There may be instances on the FS Sites where we may ask if you would like us to share certain Personal Information with a particular third party for marketing purposes. We will not share your Personal Information with such third party unless you have opted in or otherwise indicated your consent. However, if you do agree to the third party's use, your information will be subject to that party's privacy policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. b) Business Partners We may share certain Non-Personal Information, such as aggregate user data, with advertisers, business partners and other third parties. c) Vendors We may share Information with our vendors in order that they may provide various support services for us, such as web site hosting, fulfilling orders, clearing and processing credit card payments, or performing other administrative services. d) Legal Obligations We may disclose Information to third parties when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with our Terms of Use or other policies governing the FS Sites; or whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests, or safety of the FS Sites, our Members, users or other third parties. e) Promotions If you register for a Promotion offered on the FS Sites, we may disclose your Personal Information to third parties in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. f) Sale/Reorganization FS reserves the right, and you consent to, the disclosure, transfer and subsequent use of your Information to a subsequent owner, co-owner or operator of the FS Sites or the applicable database, or in the event FS (or any of its affiliated, parent or subsidiary companies) assigns its rights and obligations regarding any of your Information to a third party or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our assets, or other corporate change. g) Third Party Organizations for Which You Are a Member If you join a Sircle that is affiliated with a third party web site that utilizes the FS Sites, we may share your Personal Information with that third party web site if you are already a member of the organization that operates the web site. 5) What Third Party Content May Appear on the FS Sites? a) Third Party Content Providers Third parties, such as religious organizations and e-commerce providers, may serve content or perform certain functionality on the FS Sites. Additionally, the advertisements appearing on the FS Sites are delivered to you by a third party ad server. Such third parties may set and access their own cookies, web beacons and similar technologies on the FS Sites, for many purposes, including for sending targeting advertisements to you when you are visiting the FS Sites. We do not provide Personal Information to third parties for purposes of such targeted advertising or for any purpose other than as set forth in Section 4 above. However, such third parties may also collect other Information from you should you choose to register with them when visiting their web sites. Third parties' use of their cookies, web beacons, similar technologies and your Information is subject to their own privacy policy and not this Privacy Policy. Additionally, FS is not responsible for any transactions that occur between you and any third party site that you visit through the FS Sites. Should you purchase any products, goods or services from a third party site, you must contact the third party site regarding any disputes that might occur, such as delayed shipping, damaged goods or pricing and billing discrepancies. b) Links The FS Sites may contain links to other web sites whose practices may be different than the information practices of FS. Please be aware that FS makes no warranties with regard to such third party site's policies or business practices. You should consult the third party site's privacy policies, as FS has no control over information that is submitted to or collected by these third parties. 6) How do Members Update Personal Information? Members may update or modify certain Personal Information by logging into "Your Account" on the FS Site and accessing "Edit Your Profile." Personal Information that is necessary to check eligibility, such as birth date, may not be changed. A Member may deactivate his/her account through the "Edit your Profile" page. This will remove the Member's Profile from public view from the FS Site. Please note that in accordance with our routine corporate recordkeeping practices, we may delete certain records that contain Personal Information you have submitted through the FS Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. 7) What about User Forums? As with Profiles, please be aware that whenever you voluntarily post public information on message boards, classifieds, blogs or other "public" forums on the FS Sites, (collectively, the "Forums") that information can be collected and used by people you do not know. We urge you to use caution when disclosing any Personal Information on a Forum. If you choose to voluntarily disclose information on a Forum, the protections of this Privacy Policy will not cover such disclosure of information. We are not responsible and will not be liable for any opinions, content or other materials posted by users of any Forums, or for the use by other Members or third parties of any information or content you may post to such Forums. Your use of Forums is subject to our Terms of Use. 8) How do I Update E-Mail Marketing Preferences? Members may update their e-mail marketing preferences by logging into their Account and updating their preferences in "Edit Profile". E-mail newsletters sent by FS will also enable users to directly unsubscribe from the newsletter. 9) What Should Parents Know about Children? The FS Sites are not directed to children younger than 13. FS does not knowingly collect Personally Information from children younger than 13. If you are younger than 13, please do not send any information about yourself to us. If we are notified of this, we will delete the Personal Information. 10) What about Consent to International Information Transfers? If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the FS Sites or providing us with your Information, you fully understand and unambiguously consent to this Privacy Policy and to the transfer, collection, storage and processing of information in the United States. 11) What about Security? While we take a number of steps to keep Personal Information secure whenever possible, know that no data transmission over the Internet can be guaranteed to be 100% secure or hacker proof. FS cannot guarantee that information it seeks to protect will be protected under all circumstances, including those beyond its reasonable control Please consider this when you choose the information, if any, you wish to transmit to the FS Sites or to FS through the Internet. 12) What about Changes to This Privacy Policy? We may update this Privacy Policy from time to time at our sole discretion and we encourage you to check periodically for any such changes as well as check the Privacy Policy effective date. We will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless we receive your consent to the new or revised policy. 13) Any Questions? If you have questions about this Privacy Policy including how we may collect, store, use or share Personal Information, feel free to e-mail us at [email protected].