Service Agreement This agreement is between you ("User") a free user or paying subscriber and Swamiware LLC ("Fircle"). The Service ("Service") is all services provided at the website located at www.fircle.com. This Service Agreement may be modified by Fircle. Your Account In consideration of your use of the Service, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if Fircle for any reason deems such information is untrue, inaccurate, inappropriate or not current, Fircle has the right to disable or terminate your account and refuse any and all current or future use of the site. Eligibility You must be 18 (eighteen) or older to register a family with the Service. Once a family is registered, you may also register any number of family members to it. All family members will belong to the same FamilyCircle account. Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Term's & Conditions of this Agreement. Usage Your right to use the Service is personal to you: You may not authorize others to use the Service in a manner which conflicts with these Terms, and you are responsible for all of your own use of the Service. Content You agree that the Service shall be used for lawful purposes only and that you will not use any obscene, indecent or offensive language, or place on the Service any material that infringes in any way on the rights of others or is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability. Term Joining the Service is free and you may continue to use this Service as long as you adhere to these Terms & Conditions. The term for the Fee-Based Service may vary. You agree that your credit card on file will be charged to keep your subscription active. SMS Messages Fircle does not charge to send SMS messages to your mobile device; however, your mobile service provider may charge for every text message you receive, including alerts. You are responsible for all incurred fees from your mobile service provider. Termination Subscription and account cannot be transferred, rented or sold. Fircle reserves the right to cancel or terminate an individual's account if there is speculation of misconduct or similar behaviors. Should you breach this Agreement, Fircle will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded.
Should Fircle decide to suspend the Service for any reason other than breach, we will refund to you the unused pro-rata portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.
Should you have any inquires regarding billing, they should be directed to our Billing Department via email at billing@fircle.com Copyright Materials You agree that you shall not upload, post, or otherwise make available to the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any uploading, posting or submission. Intellectual Property You agree not to reverse engineer, transfer data or create a competing Service. All content, Service, data is the sole property of Fircle. Warranty and Limit of our Liability YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," AND THE SERVICE PROVIDER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS. SERVICE PROVIDER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. THE SERVICE PROVIDER AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Acceptance of Terms of Service Agreement If you don't agree to the terms contained in this Agreement, please exit the Service now.
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