Agreement between User and https://www.OurCommunityCircle.org
Welcome to https://www.OurCommunityCircle.org. The https://www.OurCommunityCircle.org website (the "Site") is comprised of various web pages operated by Our Community Circle Inc. ("OCC"). https://www.OurCommunityCircle.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.OurCommunityCircle.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.OurCommunityCircle.org is a Non-Profit Site.
The purpose of this website is to inform the public of our organization's community service as well as to provide a method by which donations can be pledged.
Your use of https://www.OurCommunityCircle.org is subject to OCC's Privacy Policy. Please review our Privacy Policy which also governs the Site and informs users of our data collection practices.
Visiting https://www.OurCommunityCircle.org or sending emails to OCC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
OCC collects personally identifiable information from children under the age of thirteen. OCC collects this information for the following reason(s):
Our website accepts donations electronically and has no means of distinguishing users based on age.
We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use https://www.OurCommunityCircle.org only with permission of a parent or guardian.
https://www.OurCommunityCircle.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of OCC and OCC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OCC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OCC of the site or any association with its operators.
Certain services made available via https://www.OurCommunityCircle.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.OurCommunityCircle.org domain, you hereby acknowledge and consent that OCC may share such information and data with any third party with whom OCC has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.OurCommunityCircle.org users and customers.
NOTE TO PARENTS
OCC has developed its Services to be an enjoyable experience for users of all ages, including those under 13 (“Children” or “Child”). Please discuss this Policy with your Children so that they will better understand how to use the Services and the information they may be asked to provide when using the Services. OCC believes that providing its visitors with accurate and adequate notice about the Services will inform choices and decisions about how to use the Services and will better protect its users' privacy. If you have any questions or comments about this Policy, please contact us using the contact information provided at the end of this section.
OCC is committed to compliance with the Children’s Online Privacy Protection Act (“COPPA”), a federal law designed to protect Children online. We take Children's privacy seriously and encourage parents to take an active role in protecting their Children's privacy and online experience at all times. Except as otherwise outlined in this Policy, we do not collect personal information from users of the Services.
OCC may collect and store persistent identifiers (e.g., cookies, IP addresses, etc.) from Children without parental consent for the purpose of supporting the internal operations of the Service or as otherwise permitted under COPPA.
OCC may collect and store other personal information about Children if this information is submitted by a Child with prior parental consent or by the parent or guardian of the Child. If a Service is directed to children under COPPA, we may ask users to verify their dates of birth before collecting any personal information from them. Those users that indicate they are Children are either blocked from the activity or taken through a parental consent process.
OCC may collect and store the following types of personal information about a Child when submitted by a Child with prior parental consent or by the parent or guardian of the Child: first and/or last name, email address, parent's or guardian's name, and parent's or guardian's email address. OCC may also collect the Child's mailing address and/or telephone number when necessary to respond to an inquiry or fulfill a transaction, such as sending the winner of a contest or sweepstakes the awarded prize. OCC may also collect demographic information about a Child such as the Child's date of birth, gender, toy and game ownership and other preferences, and combine such information with the Child's personal information. Please refer to the sections entitled “Sharing of Information” and “How does OCC handle children’s information” for further details on the information we collect and the tools we use to collect it.
When registering an account to play online games, we may collect a username and password from registrants for the purpose of saving that user’s gaming activities (e.g., pets collected in Littlest Pet Shop). Once collected, we may also use the game play information for our internal marketing and demographic studies so that we can improve the products and services we provide our visitors in order to better meet their needs, or as otherwise described in this Policy. Please note that we use aggregated (i.e., non-personal) information for analytics purposes.
Additionally, we are prohibited by COPPA from conditioning a Child's participation in an activity - like contests - on the Child's disclosure of more personal information than is reasonably necessary to participate in the activity. This means that if we don't need a specific piece of information (like the Child's phone number) to allow the Child to participate in a contest, we simply won't ask for it, even with parental consent. To read about the steps OCC takes to protect the confidentiality, security, and integrity of all users’ personal information, please see our section on “Security”.
OCC has established policies in an effort to protect your personal information against loss, misuse and unauthorized access, disclosure, alteration and/or destruction. For example, OCC strives to provide only those employees performing a legitimate business function with access to users’ personal information. OCC also reviews its security procedures periodically to consider appropriate new technology and updated methods.
OCC retains your information for business purposes, for as long as your account is active, and/or as long as is reasonably necessary to provide you with our products and services. OCC will also retain your information as reasonably necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We may also retain cached or archived copies of your information for a reasonable period of time.
Despite our efforts, please be aware that no security measure is ever perfect or impenetrable. To that end, OCC will notify users of a data breach when OCC determines that is reasonably necessary in accordance with applicable law.
Please see “Sharing of Information” below for an explanation of the disclosure of personal information collected from and about Children.
We do not share your personal information with third parties other than as described in this Policy or in connection with the Services, including:
• With your consent, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information;
• With third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us. We require these entities to maintain the confidentiality, security, and integrity of the personal information they obtain from us.
• With our affiliates for internal business purposes;
• Except for information collected from Children, with our affiliates and third parties for OCC’s own marketing purposes and those affiliates’ and third parties’ own business purposes, including direct marketing purposes (California residents have certain rights set forth in the section entitled “Additional Disclosures for California Residents”);
• When we believe it is necessary or appropriate to: (i) comply with applicable law or legal process or to respond to lawful requests or legal authorities; (ii) protect the rights and property of OCC and our employees, agents, users and other third parties, including to enforce our agreements, policies and terms of use and protect against fraudulent, abusive, inappropriate, or unlawful use of our Services; and (iii) protect the safety of OCC, our users or any third party; and
• In connection with, or during negotiations of, any merger, sale of company assets, bankruptcy or reorganization, financing or acquisition of all or a portion of our business to another company.
We may also share aggregated information or information that we have collected from you through the Services, including on co-branded pages and where we have taken reasonable measures to de-identify such information.
The Services may offer third party social sharing features and other integrated tools (such as the Facebook widget), which let you share actions you take on our Services with other media, and vice versa. The use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides these features. The third-party provider may also collect other information in connection with your use of their features, including your IP address, which page you are visiting on our Services, and may set a cookie to enable the features to function properly. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.
To provide relevant information not found on our Services, to facilitate online shopping, and to allow you to interact with other websites and/or applications in which you may have accounts (such as Facebook and other social media sites), OCC may provide links to or embed third-party applications that allow login from our Services to third party websites. Your use of these third-party websites and/or applications is subject to the third parties' privacy policies and terms of use, and we encourage you to read the third parties' privacy policies and terms of use before submitting personal or other information or using the websites and/or applications.
Third party websites and applications may display ads from OCC that are targeted to reach people on those websites or applications who are also identified on one or more of OCC’s databases. This is done by matching common factors between OCC’s databases - except for information collected from Children - and the databases of these third parties. For instance, we may share your email address with Facebook as part of Facebook’s matched list ad services. If we use Facebook’s matched list ad services, you should be able to opt-out of such services on Facebook by, for example, hovering over the box in the right corner of the Facebook ad to find out how to opt-out from such list. If you opt-out from Facebook matched list ad services, Facebook will process your opt-out request on the Facebook platform; however, this will not take effect immediately and if you have multiple emails or other accounts, you may have to opt-out separately for each one. We are not responsible for Facebook or other such third parties’ failure to comply with your or our opt-out instructions.
A parent who has already given OCC permission to collect and use his or her Child's personal information can, at any time, do the following: (1) review, correct, or delete the Child's personal information; and/or (2) discontinue further collection or use of the Child's personal information. To do so, please refer to the confirmation email provided to you when you gave consent or contact OCC Consumer Care. Please be sure to include your Child's name and email address, your name and email address, and the name of the site on which your Child is registered. Alternatively, you may contact us at:
Our Community Circle
Attention: Website Administrator
5900 Balcones Dr
Ste 4000
Austin, TX 78731-4257
For any other issue, please contact OCC Consumer Care. We will be happy to take your request.
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
In the past 12 months, we or our service providers have collected the following categories of personal information enumerated in the CCPA in connection with the Services:
• Identifiers, including IP address.
• Name, address, phone number, and mailing address to the extent you are interacting with our Consumer Care site.
• Internet activity, including history of visiting and interacting with our Services, browser type, browser language and other information collected automatically.
• Geolocation data, including location enabled services such as WiFi.
For more information on information we collect, including the sources we receive information from, review the “What information is collected from me?” section. We collect and use these categories of personal information for the business purposes described in the “How does OCC Use My Information” section, including to provide, manage and improve our Services. OCC does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA would be interpreted to include any of the activities described in the “With whom does OCC share my personal information?” section, we will comply with applicable law as to such activity.
If you are a California resident, you have the right to delete personal information we have collected about you and you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the:
• categories of personal information we have collected about you;
• categories of sources from which the personal information was collected;
• categories of personal information about you we disclosed for a business purpose or sold;
• categories of third parties to whom the personal information was sold or disclosed for a business purpose;
• business or commercial purpose for collecting or selling the personal information; and
• specific pieces of personal information we have collected about you.
To exercise any of these rights, please submit a request to us by completing the request form found here . In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. Please note that, in many instances, OCC does not collect types of personal information that enable us to identify you. As such, if we do not have information that permits us to verify your identity, we may deny your requests to know or delete.
Under the California Consumer Privacy Act, you have the right to opt out of the sale of your personal information to third parties at any time. OCC does not “sell” your personal information as it is currently defined under the CCPA. You may contact us by emailing us at info@OurCommunityCircle.org if you have any questions or concerns.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
California Civil Code Section 1798.83 permits customers of this website who are California residents to request certain information regarding our disclosure of personal information as defined by the statute to our affiliates and third parties for their own direct marketing purposes. For inquiries regarding our disclosure policy, please call or write us at:
Our Community Circle
Attention: Website Administrator
5900 Balcones Dr
Ste 4000
Austin, TX 78731-4257
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.OurCommunityCircle.org strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to OCC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of OCC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. OCC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of OCC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of OCC or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by OCC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the OCC Content accessed through https://www.OurCommunityCircle.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless OCC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. OCC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OCC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and OCC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OUR COMMUNITY CIRCLE INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OUR COMMUNITY CIRCLE INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OUR COMMUNITY CIRCLE INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR COMMUNITY CIRCLE INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OUR COMMUNITY CIRCLE INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
OCC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OCC as a result of this agreement or use of the Site. OCC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OCC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by OCC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OCC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OCC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
OCC welcomes your questions or comments regarding the Terms:
Our Community Circle Inc.
5900 Balcones Dr, Ste 4000
Austin, Texas 78731-4257
Email Address:
info@ourcommunitycircle.org
Effective as of June 30, 2022