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Terms And Conditions of Use

By using this website, you accept the following agreement (the “Agreement”). This Agreement may be updated from time to time at the sole discretion of kindness.org Inc. (“Kindness”).   All changes are effective immediately when we post them, and apply to all access to and use of this website thereafter. Use of this website at any time by you constitutes your acceptance of the latest version of this Agreement. If you do not accept this Agreement, do not use this website.

Submissions

If you communicate or submit any remarks, suggestions, ideas, graphics, photographs or other information or materials to Kindness on or through this site (“Submissions”), you give Kindness and its affiliates permission to use (and to allow its affiliates and partners to use) such Submissions for any purpose, commercial or otherwise, without notification or compensation to you or anyone else. Any Submission you post to this website will be considered non-confidential and non-proprietary.

All of your Submissions must comply with the terms of this Agreement. You acknowledge and understand that you are responsible for any Submissions you submit or contribute, and you, not Kindness, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Kindness is not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of this website.

Restrictions of use

You acknowledge and agree that this website and its entire contents, features and functionality (including but not limited to all information, text, graphics, displays, images, logos, button icons, photographs, audio and video clips, digital downloads, data compilations, and software) are owned by and are the property of Kindness or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Agreement permits you to use this website for your personal, non-commercial use only. Except as otherwise indicated on this website, any person using this website is authorized to copy, print, or distribute any of its contents only as set forth below, and Kindness may withdraw such authorization at any time:

  1. Users may print out individual pages but cannot copy or download a large portion of the website (e.g., no bots, webcrawlers, spiders, etc. that “harvest” the website).
  2. Users may download, print, distribute and use pages from the website only for personal, informational, non-commercial purposes.
  3. Any copies of such documents or pages must not alter the original website content and must include the Kindness copyright notice: “© 2016 kindness.org. All Rights Reserved.”
  4. No one may frame this website or any portion thereof without the express written permission of Kindness. Linking to this website is permitted, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Kindness. Kindness is not liable for the contents of any third-party website linked to its website.

We reserve the right to withdraw or amend this website, and any material we provide on this website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this website, or the entire website, to users.

Prohibited Uses

To access this website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this website that all the information you provide on this website is correct, current and complete. You agree that all information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on this website, is governed by our privacy policy. Click here to view our privacy policy. Kindness is concerned with protecting the privacy of others, the security of data it collects and the responsible, lawful use of its resources. You agree not to use this website for any prohibited purpose. The following are examples of prohibited uses of the website:

  1. Violations of Law. You are prohibited from using this website to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe or violate the rights (including intellectual property, privacy and publicity rights) of any person. We reserve the right to report any such activity to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.
  2. Security Violations. You are prohibited from violating, or attempting to violate, the security of the website. Any such violations may result in criminal and civil liabilities to you.
  3. Threats. You are prohibited from using this website to publish or transmit materials of a harassing or threatening nature.
  4. Harmful to Minors. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  5. Offensive or Unlawful Materials. You are prohibited from using this website for the display or distribution of offensive or unlawful materials, including materials that are libelous, defamatory, obscene, pornographic, indecent, vulgar, or hateful, or materials that infringe or violate the intellectual property, privacy, publicity or other personal rights of others.
  6. Other Prohibited Conduct. You further agree that when using this website, you will not do any of the following: (a) post or upload any content containing any solicitation; (b) download any content that you know, or reasonably should know, has not been lawfully posted or distributed; (c) falsify or delete any author attributions or proprietary or legal notices; (d) use another’s password without permission or impersonate another person; or (e) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  7. Special Rules Regarding Initiatives and Campaigns. In connection with any Initiatives or Campaigns that you take part in, you may choose to upload a photograph. Please note that photographs are protected by copyright law. Before uploading a photograph, you must obtain permission to do so from the person who owns its copyright– usually, the person who took the photograph. In addition, you should not violate the privacy rights (and you should respect any privacy concerns) of any other person featured in such photographs; you should obtain his or her permission before uploading the photograph.

We reserve the right to determine, in our sole discretion, whether you have used the website in a prohibited way. We reserve the right, but not the obligation, to monitor the website and, if we become aware that you have used (or attempted to use) the website for a prohibited purpose, we reserve the right to take any action we deem appropriate, including terminating your access to the website. We may not notify you before we take any such action against you.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this website. YOU WAIVE AND HOLD HARMLESS KINDNESS AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KINDNESS OR ITS AFFIALIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY KINDNESS, ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.

Other website concerns

If you wish to write to Kindness about any other issue concerning the website, please use the contact information below:

kindness.org Inc., 68 3rd Street, Brooklyn, NY 11231
hello@kindness.org

Please include details that would assist Kindness in investigating and resolving any concerns you may have.

Trademarks

KINDNESS, kindness.org Inc., kindness.org, the [K] logo and other marks displayed on this website are trademarks of Kindness. Certain other trademarks displayed on this website are not owned by Kindness and are the property of their respective owners.

Limitations of liability

In no event will Kindness or its affiliates be liable for damages of any kind, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR use, or inability to use, this website and its contents, or a website linked to this website and the contents of such website, including any direct, indirect, special, incidental, consequential or punitive damages, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Linked Sites

This website may link to or be linked from other websites that are not maintained by Kindness. If this website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Kindness does not endorse and has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. You are advised to consult the terms of use of other websites that you may visit.

Disclaimer

Kindness may update the content of this website from time to time, but the content of this website may not necessarily be complete or up-to-date and may include technical inaccuracies or typographical errors. Kindness is under no obligation to update such material.

THIS WEBSITE IS PROVIDED BY KINDNESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. KINDNESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. KINDNESS DOES NOT WARRANT THAT THE INFORMATION IN THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

International Use

Kindness makes no representation that materials on this website are appropriate or lawful for use or accessin locations outside the United States. Access to this website from countries or territories where such access is illegal is prohibited. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws. Furthermore, our databases connected with this website are located in the United States.By posting to our website or sending us your data, you consent to their transfer to and from, and storage within the United States.

Governing Law

You agree that your use of this website, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in New York, New York.

Indemnification

You agree to defend, indemnify and hold harmless Kindness and its affiliates and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of this website, including, but not limited to, your Submissions, any use of this website's content other than as expressly authorized in this Agreement or your use of any information obtained from this website.

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