Faithful Beginnings™ - Terms of Use Agreement

Welcome to the Faithful Beginnings™, operated by Family Fabric Incorporated, a Delaware Corporation, (“the Corporation”).  Thank you for accessing our products and services (together, the “Services”) for your personal and non-commercial use.

The Services are provided to Users by the Corporation subject to the following Terms of Use.  The Corporation reserves the right, at any time and without formal Notice to the Users, to update these Terms of Use.

1. Acceptance of Terms of Use by Users.

Actions undertaken by Users to interact with the Services are understood to express (1) awareness by the Users as to these Terms of Use; and (2) acceptance by Users of these Terms of Use.  Actions undertaken by Users to interact with the Services include, but are not limited to, (a) accessing the Services with any electronic device, (b) downloading and/or installing the Services, or any component thereof, on any electronic device, whether via the Corporation’s Website, or via any application exchange provider or digital content distribution service, e.g., the Google® Play Store, the App Store by Apple® or the like; (c) exchanging data with others via the Services, including via peer-to-peer data exchange or any like capability; (d) accessing other digital content via the Services; and (e) other like data exchange interactions.

2. Contractual Obligations.

a. Actions undertaken by Users to interact with the Services, as set forth above, are voluntary actions on the part of the Users, and do not establish any specific contractual relationship between the Users and the Corporation, except as may be set forth by separate explicit paid contractual agreements between the Corporation and individual Contract Users, and Contracting User Organizations (“Providers”).

b. When the Faithful Beginnings™ is provided as a paid service to any Providers, separate terms and conditions of that engagement will be established in a Provider Agreement for the Services between such Providers and the Corporation.

3. Privacy and Security.

a. The Corporation values the patronage and privacy of Users of the Services and agrees not to share any personally identifiable information provided by Users via the Services with any Third Parties, including online vendors, digital data exchange services and/or digital media content providers without notification and expressed user consent.  See the separately-promulgated Faithful Beginnings™  Personal Identifying Information Privacy Policy (“Privacy Policy”).

b. Users are cautioned that, while the Corporation has taken appropriate steps to provide a medium for secure data exchange between Users via the Services, and between individual Users and the Services, most information transmitted over the Internet is, by its nature, not secure.  As such confidentiality of data provided by Users cannot be absolutely guaranteed by the Corporation.  Use of the Services is undertaken subject to this understanding on the part of the Users.  The Corporation incurs no liability with respect to public release of any User information that may be obtained by any individual or entity bypassing or circumventing the extensive data security protocols established by the Corporation in the Services for the protection of User information.  Information of a legally confidential, proprietary or privileged nature should never be electronically exchanged via the Services.

c. Where access protocols are established for the benefit of the Users, protection of access via those secured interfaces is the sole responsibility of the Users.  Users expressly agree to not take any action to circumvent, bypass, or otherwise render ineffective the security protocols established by the Corporation for the use of the Services, including the sharing of log-in credentials, user identifications, screen names and/or associated passwords.

d. The Services provide a medium by which Users may create, upload, post, send, receive and store data content, including personal data content.  Users retain ownership rights in the data content provided to, or via, the Services.  Users grant to the Corporation a non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, host, display, and otherwise use the data content of the Users for the purpose of operating, developing, providing and improving the Services, and researching and developing new services.  When Users participate in group chats, or employ a bot that relays User chats to others, Users grant to the Corporation a license to distribute, publish and promote User data content in the group or through the bot, including the unconditional right of the Corporation to share User data content with the operator of the bot.

f. The Corporation appreciates User feedback and suggestions about Faithful Beginnings™ and the Services.  By providing feedback and suggestions, Users grant to the Corporation permission to use the feedback and suggestions, and any User ideas as the Corporation, in its sole discretion, deems appropriate, without remuneration or compensation to the User.

4. Ownership of the Services.

The Services in their current form, or in any updated form that may be presented by the Corporation in the future at the sole discretion of the Corporation, are now, and will forever remain, the sole property of the Corporation and its successors and assigns.  Actions undertaken by Users to interact with the Services are with the permission of, and under a limited non-exclusive use license provided by, the Corporation, and do not establish any ownership rights in the Users with respect to the Services.

 

5. Acceptable Use of the Services.

The Corporation grants to Users a non-exclusive use license solely for the personal, non-commercial use of the Services.  Any improper or unlawful use of the Services, or use of the Services that is inconsistent with the spirit and intent of these Terms of Use, and the limited use license granted by the Corporation to the Users, is expressly prohibited, and will result in an automatic termination of such license as between the Corporation and any individual offending User(s), at the sole discretion of the Corporation, irrevocably and without warning to the individual offending User(s).  While not required to, the Corporation may from time to time review, screen and delete User data content at any time, and for any reason, including a determination by the Corporation that the data content violates these Terms of Use.  Users are solely responsible for the data content provided to, or passed through, the Services, including responsibility for back up of that data content.  Users may not independently sell, rent, lease, assign, distribute, copy, modify or host any part of the Services.  Users are expressly prohibited from taking any actions that may adapt, merge, make derivative works of, disassemble, decompile, reverse compile, expose source code or reverse engineer any part of the Services.

 

6. Limitations on Liability.

a. The Corporation provides the Services AS-IS.  The Corporation provides no warranties of any kind with respect to the use of the Services, including but not limited to NO WARRANTY TO ANY USER EXPRESS OR IMPLIED.  The Corporation SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

b. The Corporation provides no warranty as to the accuracy of any content provided to Users by the Services, and any non- Corporation-associated entity via the Services.  Although every effort is made to ensure that the material in the Services is accurate, timely and complete, the Corporation makes no warranties or representations as to the accuracy, timeliness or completeness of the content, or whether the content is free from changes, including those caused by Third Parties.

c. The Corporation does not provide, via the Services, any manner of professional advice of any kind including, but not limited to legal, medical, business, investment or other like professional advice.  Any reliance by a User on any information or purported advice provided by, or via, the Services, to the User’s benefit or detriment, is the sole responsibility of the User, and no recourse is available by the User as to the Corporation with respect to such beneficial or detrimental reliance.  In circumstances in which such advice appears to be provided via the Services, Users are cautioned to seek the counsel of professionals for legal advice, medical advice/diagnosis/treatment, business and investment counseling, and the like.

d. The Corporation has made every reasonable effort to debug the Services, and to ensure that the Services are compatible for use with common operating systems available on most commercially-available personal electronic devices.  The Corporation makes no warranties or representations that the Services will operate, without error, on any personal electronic device, and assumes no liability for interruptions, errors, computer viruses or other hazards to a User’s personal electronic devices resulting from the User’s interactions with the Services.

e. As a part of its functionality, the Services may be used as an interface to link to other Internet websites, data and content, not managed by the Corporation.  Unless otherwise indicated as a Services-sponsored link, the Corporation does not review, control or take responsibility for the accuracy of any accessed Third-Party content.  Such Third-Party content to which Users may gain access, or otherwise be exposed, via the Services are owned and controlled by Third Parties, and/or Third-Party organizations or entities whose Terms of Use, and specifically privacy and security policies and protocols, may differ from those provided by the Corporation via the Services.  An ability to gain access to such other content, not managed by the Corporation, via the Services, does not imply any endorsement on the part of the Corporation as to the content or credibility of the Third-Party service, information, or product(s) offered.  The Corporation expressly disclaims any liability arising from, or related to, User access of any linked or accessible content via the Services.

f. For Providers, the Corporation maintains an interface for access to certain Internet content, and links to particular Third Party electronic media content, via the Services.  The Corporation provides this capability in a neutral, non-discriminatory manner on the part of the Corporation and its representatives, and at the specific request of the Providers.  The Corporation assumes no liability for the accessibility, or lack of accessibility, to particular content at the request of, and according to contractual obligations with, Providers of the Services.  In such circumstances, providing access (e.g., through white listing), or limiting access (e.g., black listing), to certain content, as requested by a Provider, is at the sole discretion of the Provider, and does not imply endorsement or acceptance of the accessible content by the Corporation, or disparagement or rejection of the particularly Provider-requested non-accessible content by the Corporation.  [NOTE:  We should not go any further than this in our “Policy.”

 

7. Intellectual Property Protection

  1. The content of the Services is copyrighted and may not be distributed, modified, reproduced or used, in whole or in part without the prior written consent of the Corporation, inclusive of these Terms of Use.  Additionally, source code for the Services may not be accessed, deconstructed, modified, forked or reused to another purpose by any User.

  2. The non-exclusive use license granted by the Corporation to Users (see paragraphs 4. and 5. above) extends to the downloading and/or printing of information from the Services to a User’s electronic devices for personal, informational, and non-commercial use by the User, providing copyright and proprietary information remains intact.

  3. The term “Faithful Beginnings™” has special meaning as it pertains to the digital product of the Corporation, and Faithful Beginnings™ is a trademark of the Corporation.   All other trademarks, service marks and logos in content provided or accessed by the Services are the trademarks, service marks or logos of respective owners.

  4. The Corporation makes no claim or warranty that use of the Services does not infringe any Third Party’s patent, or other intellectual property protection, rights.

 

8. Reservation of Rights.

The Corporation’s failure, if any, to enforce any provision of this agreement with respect to its Terms of Use for the Services against any individual User, or group of Users, shall not be construed as a waiver of any provision or right under these Terms of Use, including any abrogation of that provision or right, or any bar to later enforcement of that provision or right, including in state or federal court.

 

9.   Assertion of Rights.

This agreement shall be governed by, and construed in accordance, with the laws of the State of Delaware, without regard to its conflict of laws principles.  Users irrevocably agree that all actions or proceedings in any way, manner, or respect, arising out of or from or related to this agreement, and these Terms of Use, shall be litigated only in courts of Delaware, and specifically the District of Delaware (Wilmington).  Users hereby irrevocably consent and submit, without reservation, to the exclusive jurisdiction of any local, state or federal court located in Delaware, and in the District of Delaware (Wilmington), and waive any right such User may have to transfer the venue of any such action or litigation.

 

10. Contact Address.

Any written correspondence from a User regarding any provision of these Terms of Use, or any issue arising under these Terms of Use may be forwarded to Family Fabric, Inc. via its registered agent:

Cooley LLP

One Freedom Square

Reston Town Center

11951 Freedom Drive

Reston, VA  20190-5656

Updated May 1, 2018

Faithful Beginnings™ - Personal Identifying Information Privacy Policy

 

General

This Notice provides the Faithful Beginnings™  (the “Corporation”) privacy policy regarding the nature, purpose, use and sharing of any Personally Identifiable Information (“PII”) collected via the Faithful Beginnings™ website or the Faithful Beginnings™ application (the “Services). 

Our privacy policy explains our information practices when Users provide PII to, or via, the Faithful Beginnings™, whether collected online or offline, or when Users visit the Services online to browse, obtain information, or conduct any transaction, including data exchange, via the Services, or whether collected by the Service once installed and operating on a User’s personal electronic device(s).

PII may include a User’s name, screen name, email address, mailing and/or residential address(es), phone numbers, IP addresses or other information that identifies the User personally.  The Corporation may require Users to register or provide elements of the PII to use the Services.  The PII Users provide via the Services will be used only for its intended purpose.  The Corporation, to the extent possible, will protect Users PII consistent with standards applicable to such protection, including the principles of the U.S. Privacy Act of 1974, the U.S. E-Government Act of 2002, the U.S. Federal Records Act, and the General Data Protection Regulation (GDPR) (EU) 2016/679 (adopted on April 27, 2016, and enforceable as of May 25, 2018).

 

Personally Identifiable Information

As a general rule, the Corporation limits its collection and storage of PII about Users when Users make use of the Services.  Users choose, at their own discretion, to provide and share PII with, and via, the Services.  Submitting PII to, and through, the Services is voluntary.  By doing so, Users are giving the Corporation express User permission to use the PII for the purposes stated in the Services, and according to the Terms of Use for the Services.  Users acknowledge and agree to the understanding that not providing certain information may result in an inability of the Services or the Corporation to provide the Users full access to the Services.

When Users choose to provide PII to and through the Services, to the Corporation or to Third Parties, through any methods including uploading data and images, completing Services or web-based forms, populating calendars and participating in calendaring functions, engaging in internal person-to-person, and/or person-to-group, communications via Services-specific information exchange, chats, social media engagement, email exchanges, instant messaging, and other like information exchange capacities, the Corporation may, without further express permission of the participating Users, use PII to help the Corporation provide Users requested or required Services, and service support.

 

The PII that the Corporation receives from any User may vary in form based on the interaction of the User with the Services.  No restriction on use of the PII by the Corporation in enhancing the Services is implied based on the form in which the PII is communicated to the Services, or to the Corporation.

Generally, information requested by the Services will be used to support use of the Services by the Users, or for the Corporation to respond to inquiries by the Users.  When PII is requested, the reasons for collecting the PII, a description of the Service’s intended use of the PII, how to grant consent to use mandatorily provided PII, and how to grant consent for other than statutorily mandated uses of the PII will be according to this Privacy Policy, which will be referenced at the point of the request for PII, the reference being prominently displayed immediately above or below the PII request, and no separate Privacy Notice will be provided.

 

Direct Communication to the Corporation via the Services

The Services allow Users to correspond directly with the Corporation as the Services provider, including via emails and direct access forms, which may be converted to formatted emails containing PII.  The Corporation will use the information Users provide to respond to Users’ inquiries.  The Corporation will only send Users general information via email.  Users are expressly reminded that email may not necessarily be secure against interception.  Therefore, the Corporation expressly suggests that Users do not send sensitive personal data via email.  If a User’s intended email communication is considered  by the User to be very sensitive, or it includes information such as User’s bank account, credit card, or Social Security number, the Corporation advises that Users should explore other means of transmitting the data.

 

Categories of Information

Automatically Collected Information

The Services may collect and temporarily store certain information about the Users immediate interaction with the Services.  The Corporation may use this information for Services management and security purposes only.  The Corporation may collect and analyze this information because it aids in upgrading the Services to our Users evolving needs.  The Corporation may also automatically collect information about web content a User views in the event of a known security, virus or other threat.  This information may include:

  1. The Internet domain from which the User accesses the Services (for example, “xcompany.com” if the User employs a private Internet access account, or “yourschool.edu” if the User connects from an educational domain);

  2. The Internet Protocol (IP) address (a unique number for each device connected to the Internet) from which the User accesses the Services;

  3. The type of browser (e.g., Firefox®, Internet Explorer®, Chrome® or the like) used to access the Services;

  4. The operating system (e.g., Windows, Mac OS, Unix) used to access Services;

  5. The date and time the User accesses the Services;

  6. The Universal Resource Locators (URLs), or addresses, of pages the User visits via the Services;

  7. The Users username, if it was used to “log in” to the Services; and

  8. Other like information.

 

The Corporation may share the above information with its employees or representatives with a “need-to-know” in the performance of their official duties supporting the Services.  This information is only used to assist the Corporation in revising, updating or improving the Services in support of one or more Users.  Raw data logs are retained temporarily as required for security and Services management purposes only.

 

Third-Party Data, Websites and Applications

The Corporation may have access to publicly-available Third Party databases, which may include PII.  The Corporation, in furtherance of its business objectives, may use information from these databases to offer the Services to individuals and groups.  These databases are now, and will be, kept segregated from User-submitted PII.  The Corporation will not share User-submitted PII with any Third Party, except as expressly provided below.

The Services include a social media component and access to select Third Party websites, including social media portals.  The Services may use web measurement and customization technologies to measure the number of Users accessing Third Party channels.  When accessing Third Party websites or channels, the Third Party applications may request PII, including an email address, username, password, and geographic location (e.g., State, region, or ZIP code) for any one of a number of purposes, including account registration purposes.  The Services and the Corporation do not use Third Party applications or websites to solicit and collect PII from any individuals, including Users.  Any PII passively collected (i.e., not solicited) by the Third Party applications or websites will not be transmitted or stored by the Services or the Corporation; no PII will be disclosed, sold or transferred to any other entity outside the Corporation by the Corporation or the Services, unless required for law enforcement purposes, by statute or by other legally justiciable requirement.

 

Surveys

The Corporation, via the Services or otherwise, may use various types of surveys to collect opinions and feedback from random samples of Users.  The surveys do not and will not collect User PII.  Although the survey invitation may be presented randomly to Users of the Services, participation in any survey is optional and will not affect a User’s interaction with the Services or the Corporation.  If a User declines the survey, the User will still have access to the identical information and resources provided by the Services and the Corporation as those who take the survey.  Survey reports are available only to the Corporation and its designated agents or staff who require the survey information to perform their duties.  Any further details regarding use of a survey that deviates from the above will be included in a Notice accompanying the invitation to participate in the survey at the time the invitation is posted.

 

Information Collected for Tracking and Customization (Cookies)

A cookie is a small file that a website transfers to a user’s computer to allow the website to remember specific information about the user’s session while the user is connected.  In such instances, the user’s computer will only share the information in the cookie with the website that provided it, and no other website can request it. There are essentially two types of cookies:

  • Session:  Session cookies last only as long as the user’s web browser is open.  Once the user closes the user’s browser, the cookie is deleted.  Websites may use session cookies for technical purposes such as to enable better navigation through the site, or to allow the user to customize user preferences for interacting with the site.

  • Persistent: Persistent cookies are saved on a user’s hard drive in order to determine which users are new to the site or are returning, and for repeat visitors, to block, for example, recurring invitations to take surveys, among other tracking purposes.

 

If any User of the Services does not wish to have session or persistent cookies stored on the User’s device, it is up to the User to manage those preferences within the capabilities of the User’s device.  User selections regarding how to manage cookies should not noticeably affect the User experience with the Services, but may affect interaction with Third Party websites via the Services.

 

Overarching PII Security

The Corporation takes the security of all User PII very seriously.  The Corporation takes precautions to maintain the security, confidentiality, and integrity of the PII Users input via the Services.  Security measures include access controls designed to limit access to the PII only to the extent necessary to accomplish the objectives of the Corporation via the Services.  The Corporation implements and employs various security technologies to protect the PII stored, even temporarily, via the Services or otherwise on our systems.  The Corporation routinely tests and updates its security measures to ensure that those measures remain up-to-date, operational and effective, and in compliance with changing industry standards.

The Corporation has implemented the following steps to secure any PII collected by the Services:

  • Employ internal access controls to ensure that the only Corporation personnel who have access to User PII are those with a need to do so to perform their official duties.

  • Train appropriate personnel on Corporation and Services privacy and security policies and compliance requirements.

  • Secure any areas where the Corporation may retain hard copies of User PII we may collect via the Services, or otherwise.

  • Perform regular review and purge of any User PII collect online to attempt to further ensure against misuse or loss.

  • Use technical controls to secure User PII we collect online including, but not limited to:

    • Secure Socket Layer (SSL)

    • Encryption

    • Firewalls

    • Password protections

  • Periodically test Corporation security procedures to ensure personnel and technical compliance.

  • Employ external access safeguards to identify and prevent unauthorized access by outsiders that attempt to “hack” into, or cause harm to, the information, including User PII, contained in our systems.

 

The Corporation holds its employees, partners, agents, contractors and other Third Party providers to the same high standards that the Corporation uses to ensure the security, confidentiality, and integrity of User PII to which they may gain access or to which they may be exposed in the course of their work completed on behalf of the Corporation in operating the Services.

 

Interaction With Children Online

The Corporation, via the Services and otherwise, is particularly committed to the protection of children’s online privacy.  The U.S. Children’s Online Privacy Protection Act (COPPA) governs PII gathered online from or about children under the age of 13.  Verifiable consent from a child’s parent or guardian is required before an entity collects, uses, or discloses PII from a child under age 13.  To the maximum extent possible, the Corporation will specifically avoid collecting ANY PII regarding any child under the age of 13.  The Corporation requests, and expects the cooperation of adult Users in assisting the Corporation in this regard.

 

Visiting Other Websites via the Services

The Services provide pass-through access to Third Party websites, organizations, and commercial entities.  The Third Party websites are not within the control of the Corporation, and may not follow the same privacy, security, or accessibility polices implemented by the Corporation via the Services.  Once a User links to a Third Party website via the Services, the User is subject to the policies and vulnerabilities of that Third Party website.

 

Privacy Policy Contact Information

The Corporation welcomes feedback if any User has any questions regarding the privacy policy of the Corporation and/or the Services, and any associated use of User PII.  For additional information about the Faithful Beginnings™  Personal Identifying Information Privacy Policy, please contact the Corporation directly at:

 

info@faithfulbeginnings.com

295 Bendix Rd, Suite 260

Virginia Beach, VA 23452

 

Updated April 29, 2019

© 2019 Family Fabric, Inc.

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