TERMS OF USE

Please read these Terms of Use (the "Agreement" or "Terms of Use") carefully before using the services offered by Kindness Connect ("Kindness Connect" or the "Company"). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.kindnessconnect.com, all other sites owned and operated by Kindness Connect that redirect to www.kindnessconnect.com, and all subdomains (collectively, the "Site"), and the service owned and operated by the Company (together with the Site, the "Service"). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement. Please read this Agreement carefully before using the Services.

Summary of Service

Kindness Connect is a web platform where certain users ("Organizations") manage a volunteer program and create volunteer opportunities for other users ("Volunteers") to apply to. Through the Site, the Service makes accessible various content including, but not limited to, photographs, images, graphics, comments, data, text, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Organizations and Volunteers (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, or otherwise make accessible Content.

Privacy Policy

Please refer to Kindness Connect's privacy policy, available at hyperlink for information on how Kindness Connect collects, uses, and discloses personally identifiable information from its users. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

Acceptance of Terms

Kindness Connect requires that all Users agree to the terms set forth in this Agreement. The service is offered subject to the acceptance of all terms set forth in this Agreement and all other rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. This Agreement applies to every user of the Service.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company. If you register for an account on the Services, you agree to (a) provide accurate, current and complete information in the registration forms on the Services ("Registration Data"); (b) maintain the security of your password; (c) maintain and update the Registration Data, and any other information you provide to Kindness Connect, and to keep it accurate, current and complete; (d) never use another User account without the other User's express permission; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to Kindness Connect. Failure to agree to these terms constitutes a breach of the Terms of Use, which may result in immediate termination of your account. Immediately notify the Company in writing of any unauthorized use of your account, or other known security breach.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. You shall not permit any party using your account to take any action, or submit Content, that:
  • infringes any patent, trademark, copyright, or other right of any other person or entity;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • contains software viruses, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • impersonates any person or entity, including any employee or representative of the Company.
Kindness Connect is a web platform where Organizations manage a volunteer program and create volunteer opportunities for other Volunteers to apply to. By creating a public volunteer opportunity on Kindness Connect, you as the Organization warrant the public posting of your opportunity. Kindness Connect is under no obligation to become involved in disputes between any Users in connection with the use of the Service.

Fees and Payments

Kindness Connect is free to join. However, we do charge fees for certain services. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged. Changes to fees are effective after we provide you with notice by posting the changes on the Site. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

Content

You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason.

Intellectual Property

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave an Organization review, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.

By submitting User Content on the Site or otherwise through the Service, you (a) agree that the Company will have non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to "modify, adapt, translate, and create derivative works from" are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services.

Termination

Kindness Connect reserves the right, without notice and in its sole discretion, to (a) terminate your access to the Service; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content. If you wish to terminate your account, you may do so by following the instructions on the Site.

Warranty Disclaimer

The Site, the Content, and the Services are provided to you on an "as is" basis without warranties from Kindness Connect of any kind, either express or implied. We do not represent or warrant that Site, the Content, the Add-ons or the Services are accurate, complete, reliable, current or error-free. The Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content.

The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

Limitation of Liability

In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), or for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), arising out of or in any way connected with the use of or inability to use the Site, the Content, or the Services.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Agreement Changes

We reserve the right to modify or replace this Agreement by posting the updated version on the Site. Any new features to the Service will be subject to the Agreement. We encourage you to periodically review this page for the latest information. Your continued use of the Service following the posting of any changes to this Agreement constitutes your acceptance of those changes.

Questions and Comments

If you have any questions regarding this Agreement, please contact us.

Updated: November 2013
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