TERMS AND CONDITIONS

Last Modified: August 25, 2009

Welcome to Getin2Games (a subsidiary of FOG Studios, Inc.), your full service site for students, educational institutions, industry and recruitment firms. G2G is designed to directly connect the games industry to all of the feeder institutions and prospective internship and job candidates around the world, providing everyone with not only a forum to very inexpensively post their needs and opportunities, but also an optional personalized matchmaking service that augments the limited resources of most university guidance departments, and small company and independent developer-level HR departments.

If you are a visitor to Getin2Games.com, you agree that these Terms of Service will govern your use of the website. If you do not agree to these Terms of Service and the Privacy Statement, you should not use the Getin2Games.com web site or Getin2Games services. To attain a membership within Getin2Games, you must read, agree with and accept all of the terms and conditions contained in this Terms of Service and the Privacy Statement, which include those terms and conditions expressly set out below and those incorporated by reference. We may change these Terms of Service from time to time, so please check back often.

Registration

To access the members-only areas of Getin2Games.com (such as our career, internship, school or student listings), you must first register and follow the procedure to become a member of Getin2Games. You may not transfer your membership to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate and true membership information (such as your real name and a valid e-mail address) and will update your membership information if it becomes outdated. We may terminate your membership if we are unable to verify or authenticate the information you provide to us. If you are registering under “Industry”, “Schools” or “Recruiters” you must be a valid company/educational institution offering valid internship positions, career postings or educational programs.

You agree to help protect your membership by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify Getin2Games immediately if you believe your membership has been used without your authorization. We may communicate with you via email and any other similar technology for purposes relating to your membership, any orders you place with us, or any other services we provide to you.

For more information about how we treat the information you provide to us, please see our Privacy Policy, which is a part of these Terms of Service.

The service will be provided for the subscription length selected and upon completion of that term will automatically renew for an equivalent term unless cancelled or modified by the user. Company cannot refund or provide credit for a partial term cancellation.

Posting content to Getin2Games

As a Getin2Games member, you will be able to post information on your profile; users (including students, schools, employers and recruiters) can also post listings of career opportunities, resumes, portfolios, internship opportunities, company profiles, school profiles, events and other resources. Getin2Games is not responsible for content posted by other members or other users. We do not verify, endorse or vouch for any such information or content. We do, however, enforce these Terms of Service, and we reserve the right to modify, refuse (or remove) listings in our sole discretion if we determine that they are inaccurate, were posted without authorization, or otherwise violate these Terms of Service. You agree that the content you post will not violate these Terms of Service. Specifically, you agree that you will not post content that:

• is false, inaccurate, or misleading;
• infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy;
• violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising);
• is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing;
• is obscene or contains child pornography
• upload any items that are deemed offensive by getin2games.com. This includes creating hyperlinks to materials deemed to be offensive by getin2games.com; or
• contains viruses, Trojan horses, time bombs, worms, cancelbots, time bombs, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

You also agree that you will not:

• reproduce, distribute, republish or retransmit material posted by any other Getin2Games users without the permission of that user and Getin2Games;
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
• interfere or attempt to interfere with the proper working of the Getin2Games website, any activities conducted on the site, or any networks through which you access the site.
• This site makes no guarantees as to the level of success a user may achieve by using the service.

We make no guarantee that your posting will be accessible for the entire term of its listing. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that we cannot be held liable for.

You agree that your job listings may be available on the job boards of our networked partners. If you do not want your jobs listed on additional job boards for free, you need to e-mail info@getin2games.com with your request.

Membership Information

Getin2Games members include professional game developers and designers; outsource studios; publishers; universities and colleges that provide game-related programming; students; and recruiters. Getin2Games will endeavour to act as an essential link between all parties through this website and the services it offers.

For students, by completing your profile and our skills matrix tool, your information (which may include your name, contact information, company affiliation and job title, programming experience and other goodies) will be available and accessible to other users on the website, unless you make your profile private.

For employers or recruiters, you can submit your opportunities and they will be added to our career postings and internship postings databases. You will also be able to complete the skills matrix tool for each opportunity, which will tabulate the most appropriate candidates by percentage of skill matches and provide them to you.

Game development companies, outsource studios, recruiters, schools or any other companies that participate in the interactive gaming industry may post their detailed profiles on the Getin2Games website, as well as post events to the “Event Listings” database. All items are posted with editorial discretion. As with all other content on the Getin2Games website, we reserve the right to refuse (or remove) listings, profiles or other information, in our sole discretion if we determine that they are inaccurate, were posted without authorization, or otherwise violate these Terms of Service.

For details and listing fees, please contact us. Fees are subject to change from time to time.

Payment Security

Getin2Games uses 128 bit SSL encryption to manage our payment processing.

User Responsibilities

You are responsible for paying all fees associated with your Getin2Games membership and any products or services available through the Getin2Games website, including without limitation the costs of the equipment and services you use to access Getin2Games. If you use a version of Getin2Games that has been formatted for a PDA or mobile phone (to be offered in the future), you are responsible for paying all access and airtime costs associated with such use.

No party may aggregate, package, spider, collect, display any of the content on this site without the express written consent of Getin2Games.

Your use of Getin2Games is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that

• you will not interfere with another member's use and enjoyment of Getin2Games;
• you will not interfere with or disrupt the security measures of Getin2Games or its affiliates;
• you will not interfere with or disrupt networks connected to Getin2Games or its affiliates, and will comply with all regulations, policies and procedures of such networks;
• you will comply with American law regarding the transmission of technical data exported from the United States. You also agree to indemnify and hold harmless Getin2Games, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Getin2Games, any content you post to the Getin2Games website, your violation of these Terms of Service, or your violation of the rights of any third party.

We may terminate your Getin2Games membership or suspend your access to all or part of Getin2Games, without notice, if you violate these Terms of Service, we are unable to verify or authenticate any information that you provide to us, or you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Getin2Games or its affiliates, any other Getin2Games user, or any third party. If your membership is terminated, we may, but are not required to, remove some or all of your content from our servers.

You may deactivate your Getin2Games membership at any time by contacting info@getin2games.com.

Contact Us

We enjoy hearing from you and welcome your comments about our website and services. (Please see our Contact Us section for ways to communicate with us.) If you send us a business idea or suggestion -- for example, about how to improve or expand our website and services -- you agree that Getin2Games and its affiliates will be completely free to implement, use or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.

About our site

All materials contained on the Getin2Games website, including text, graphics, icons, images and software, are the property of Getin2Games, its affiliates, or their content suppliers and are protected by American and international copyright laws. The compilation of all content on this site is the exclusive property of Getin2Games. You may not reproduce, modify, distribute or republish materials contained on this site (except for materials you have provided to the site) without the prior written permission of Getin2Games. You may not alter or remove any trademark, copyright or other notice from copies of content. You may, however, download material from Getin2Games (one machine readable copy and one print copy per page) for your personal use only. Getin2Games reserves all rights in and title to the information so downloaded.

Getin2Games and all other Getin2Games logos and trade names are trademarks or registered trademarks of Getin2Games. All other trademarks used on the Getin2Games website are the property of their respective owners and may not be used without their written consent.

Copyright infringement

Getin2Games is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Getin2Games website, or items advertised on the site, by end users or any other third parties. If you believe that your rights in copyright are being violated by any materials posted on or transmitted through this website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending materials. It is our policy to revoke authorization to access the Getin2Games website for repeat infringers. In order for us to investigate your claim of infringement, you must provide us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. A description of the copyrighted work that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Getin2Games website;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

The above information should be provided to Getin2Games for notice of claims of copyright or other intellectual property infringement, as follows:

By mail: Ed Dille, Chairman & CEO
FOG Studios
137 Fox Hollow Drive
Langhorne, PA 19053-2468
By phone: (506) 459-5604
By fax: (506) 474-9095
By email: info@getin2games.com

Limitation of liability

By using this site, you expressly agree that such use is at your sole risk. We endeavor to provide service of the highest quality, but we cannot guarantee that our service will be timely, secure, uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of Getin2Games.

Neither Getin2Games nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall Getin2Games (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through Getin2Games. It is your responsibility to evaluate the information, opinion, advice, or other content available through Getin2Games.

GETIN2GAMES AND ITS AFFILIATES PROVIDE THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS OPERATION, CONTENTS, OR PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THIS SITE IS ACCURATE, CURRENT, OR COMPLETE AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL GETIN2GAMES OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF GETIN2GAMES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING GETIN2GAMES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH GETIN2GAMES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF GETIN2GAMES OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.

Additional Terms

The Privacy Policy is incorporated into these Terms of Service by reference and provides additional terms and conditions related to specific areas of, or services offered on, the Getin2Games website.

Policies may be changed from time to time and are effectively immediately after we post the changes on the Getin2Games website. In addition, when using particular areas of the Getin2Games website, you agree that you are subject to any posted policies or rules applicable to such areas, which may be posted from time to time. All such posted policies or rules are incorporated by reference into these Terms of Service.

Miscellaneous

This site is created, controlled and operated by Getin2Games LLC in the USA and Getin2Games Ltd. in Canada. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply.

We reserve the right to change the terms of this agreement without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Delaware, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in Delaware, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

If any provision of these Terms of Service is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Service, including the Getin2Games policies referred to in these Terms of Service, constitute your entire agreement with Getin2Games, and you agree that this agreement may be automatically assigned by Getin2Games to a third party, in our sole discretion, in connection with a merger or acquisition. Getin2Games reserves the right to make changes to our site, disclaimers, and policies at any time.

Subject to Change

These terms and conditions are subject to change at any time by updating this page. Periodically, you should return and review this privacy statement. Any use of the site following the posting of any new or modified privacy agreement constitutes your acceptance of the modified agreement.

Privacy Policy

Last Modified: August 25, 2009

Getin2games has created this Privacy Policy in order to assure that we are committed to the protection of your privacy. The following information will inform you of how we gather and disseminate information for our website.

Getin2games adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access and Enforcement, and is registered with the U.S. Department of Commerce’s Safe Harbor Program.

If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at:

Privacy Matters
c/o Getin2Games, LLC
137 Fox Hollow Dr
Langhorne, PA 19053

What information do you collect when I engage "Contact Us"?

When you engaged the “Contact Us” on our website, it will direct you to draft an e-mail. Any information supplied in this manner is used to aid our business to respond to your request and provide you with the necessary information.

Your email address may be entered to receive the “FOG Log” electronic newsletter. You can un-subscribe to this Newsletter at anytime.

Collection of Information

Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer's "Internet Protocol" or IP address.

When you visit our website, our web servers automatically recognize your domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site.

Our Web servers also collect information about the type of Internet browser you are using and operating system. Our Web servers do not automatically record e-mail addresses of the visitors.

We offer a number of services that do require you to register for an account or provide any personal information to us. In order to provide our full range of services, we may collect the following types of information:

• Information you provide – When you sign up for a Getin2Games account or other service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, such as our premium programs, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
• Cookies – When you visit Getin2Games, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people search. Getin2Games also uses cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. We may set a cookie in your browser when you visit a website and view or click on an ad supported by Getin2Games’s advertising services.
• Log information – When you access Getin2Games services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. Also, in order to protect you from fraud, phishing, and other misconduct, we may collect information about your interaction with our services. Any such information we collect will only be used to detect and prevent fraud or other misconduct.
• User communications – When you send email or other communications to Getin2Games, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
• Affiliated sites – We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to Getin2Games in order to deliver the service. We process such information in accordance with this Privacy Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.
• Links – Getin2Games may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.
• Other sites – This Privacy Policy applies to Getin2Games services only. We do not exercise control over the sites displayed as search results or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

Getin2Games only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:

• Providing our services to users, including the display of customized content and advertising;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network; and
• Developing new services.

You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.

Getin2Games processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Choices for personal information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Getin2Games features and services may not function properly if your cookies are disabled.

You can decline to submit personal information to any of our services, in which case Getin2Games may not be able to provide those services to you.

Will you disclose the information you collect to outside third parties?

Getin2Games will not sell or otherwise provide the information we collect to outside third parties for the purpose of direct or indirect mass email marketing.

Getin2Games will disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:

1. Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on Getin2Games,
2. Protect and defend the rights or property of the Getin2Games website and related properties, or visitors to the Getin2Games website and related properties,
3. Identify persons who may be violating the law, the rights of third parties, or otherwise misusing Getin2Games or its related properties,

What else should I know about my privacy when online?

Getin2Games may contain hyperlinks to third party Web sites. Getin2Games is not responsible for the privacy practices or the content of such third party websites or advertisers. Getin2Games does not share any of the individual personal information you provide Getin2Games with the third parties to which Getin2Games links. Please check with those websites to determine their privacy policy.

Please keep in mind that whenever you voluntarily disclose personal information online - for example through e-mail, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online.

Information sharing

All information that you post inside your user profile in Getin2Games is displayed publicly to all other users of Getin2Games via our skill matrix and profile search functionality. All such information is, by virtue of your consenting to post it, no longer subject to the provisions of this privacy policy. For information provided to Getin2Games other than that which is displayed in your profile or subject to the skill matrix search functionality, Getin2Games only shares personal information with other companies or individuals outside of Getin2Games in the following limited circumstances:

• We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Getin2Games, its users or the public as required or permitted by law.

If Getin2Games becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

Please contact us at the address below for any additional questions about the management or use of personal data.

Information security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Getin2Games employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data integrity

Getin2Games processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information

When you use Getin2Games services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users’ personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.

Enforcement

Getin2Games regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Getin2Games’s treatment of personal information by contacting us through this web site.

When we receive formal written complaints, it is Getin2Games’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Getin2Games and an individual.

Changes to this Privacy Policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

Consent To This Agreement

By using Getin2Games, you consent to the collection and use of information by Getin2Games as specified above. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.