Terms of Service
As any other company or service provider, we need terms that regulate the use of our services. To use Kindly you have to create an account first and agree to our terms and rules.
1. Your relationship with Kindly
a) Your use of Kindly and any Kindly products, channels, software, data feeds, and services provided to you on or from or through the App/Website by Kindly (collectively the "Service") is subject to the terms of a legal agreement between you and Kindly. "Kindly" also includes Kindly Tech, Inc., whose principal place of business is at 240 Kent Avenue, Brooklyn, NY 11249, United States.
b) Your legal agreement with Kindly is made up of (a) the terms and conditions set out in this document and (b) Kindly' Privacy Policy (collectively called the "Terms").
c) The Terms form a legally binding agreement between you and Kindly in relation to your use of the Service. It is important that you take the time to read them carefully.
d) The Terms apply to all users of the Service, including users who are also contributors of content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Service.
2. Registration
a) For your account registration, we provide you with an electronic registration document, which you have to fill out completely and truthfully.
b) When registering, you will not provide any false personal information (name, contact information, etc.), or create an account for anyone other than yourself without permission
c) You will not use the Service if you are under 13.
d) You will not create more than one personal account.
e) You will keep your contact information accurate and up-to-date.
f) If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a username infringes trademark rights).
g) You will not transfer your account to anyone without first getting our written permission
h) If we disable your account, you will not create another one without our permission.
i) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
3. Rights you license to Kindly
a) You retain all of your ownership rights in your Content, but you are required to grant a Creative Commons Attribution CC BY License to Kindly. For more information about Creative Commons, please see their website: www. creativecommons.org
4. Content and Rules
a) As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Kindly does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Kindly expressly disclaims any and all liability in connection with Content.
b) By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any user submission, that:
-
infringes any copyright, trademark, personal right, patent, trade secret, right of publicity or other rights of any other person or entity or violates any law or contractual duty;
-
you know is false, misleading, untruthful or inaccurate;
-
employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through Kindly's Sites or Services or to users;
-
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, offensive, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Kindly in its sole discretion;
-
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
-
interferes or attempts to interfere with the proper working of any of Kindly's Sites or Services or prevent others from using Kindly's Site or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Site, or that otherwise negatively affects other persons' ability to use Kindly'sSite or Services;
-
involves commercial activities (whether or not for profit) and/or sales without Kindly's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
-
contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, 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 Kindly or any third party;
-
impersonates any person or entity, including any employee or representative of Kindly;
-
includes anyone's identification documents or sensitive financial information.
5. Protecting Other People's Rights
a) You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Kindly to use your Content for the purposes of the provision of the Service by Kindly, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
b) You agree that Content you submit to the Service will not contain any third-party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Kindly the license referred to in paragraph 3.2 above.
c) We can remove any content or information you post on Kindly if we believe that it violates these Terms or our policies, at any time, without prior notice, and at our sole discretion. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
d) If you see something on Kindly that you believe violates our terms or your rights (copyrights, trademark, personal rights, etc), you should report it to us. Please keep in mind that reporting a piece of content does not guarantee that it will be removed from the site. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
6. Third-party links
a) Kindly may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Kindly, you do so at your own risk and you agree that Kindly will have no liability arising from your use of or access to any third-party website, service, or content.
b) Kindly provides Software as a Service (SaaS) to The Kindly Community Fund, Inc, (KCF) an independently governed 501(c)(3) charitable organization (EIN: 45-3263196). KCF used Kindly technology to facilitate charitable giving. Kindly is not responsible for collection or distribution of funds donated. For more information on KCF, please visit: www.kindlyfund.org
7. Indemnity
You shall defend, indemnify, and hold harmless Kindly and its officers, directors, employees, and agents from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity. Kindly reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Kindly in asserting any available defenses. Further claims for damages shall remain unaffected.
The above obligations shall not apply if you are not responsible for the violation of rights in question.
8. Termination
a) You may end your legal agreement with Kindly at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
b) If you violate the letter or spirit of these terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Kindly to you. We will notify you by email or the next time you attempt to access your account. You may also delete your account or disable your application at any time.
c) In all such cases, this agreement shall terminate, but the following provisions will still apply: 3; 6; 7; 9, and 10.
d) Kindly also reserves the right, at its sole discretion, to change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Kindly may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
9. Limitation of Liability
a) Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive. The Service is provided "as is" and Kindly makes no warranty or representation to you with respect to them.
b) In particular Kindly does not represent or warrant to you that:
-
your use of the Service will meet your requirements,
-
your use of the Service will be uninterrupted, timely, secure, or free from error,
-
any information obtained by you as a result of your use of the Service will be accurate or reliable, and
-
that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
c) All liability of Kindly, its officers, directors, employees, or agents arising for any loss suffered as a result of your use of the site, service, content, user submission, or add-to link is expressly excluded to the fullest extent permitted by law, save that, if
a court of competent jurisdiction determines that liability of Kindly, officers, directors, employees or agents has arisen, the total of such liability shall be limited in aggregate to one hundred US Dollars ($ 100).
d) To the maximum extent permitted by applicable law, in no event shall Kindly, nor its officers, directors, employees or agents, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not Kindly its officers, directors, employees or agents had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submission or add-to link for indirect or consequential losses or damages; loss of actual or anticipated profits; loss of revenue; loss of goodwill; loss of data; loss of anticipated savings; wasted expenditure; or cost of procurement of substitute goods or services.
e) Nothing in these terms of use shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms of use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Kindly's liability will be limited to the fullest extent permitted by applicable law.
10. Governing Law and Jurisdiction
This agreement shall be governed by the laws of the State of New York, excepting conflict of laws determinations.
You will resolve any claim, cause of action, or dispute (claim) you have with us arising out of or relating to this Statement or the use of Kindly exclusively shall be submitted to mediation in New York City in accordance with the rules of JAMS.
If mediation is not successful in resolving the foregoing, then any claim, cause of action, or dispute (claim) you have with us arising out of or relating to this Statement or the use of Kindly, then those unresolved disputes shall be submitted to exclusively final and binding arbitration. The arbitrator shall be selected in accordance with the rules of JAMS. If such services are not available, the dispute shall be submitted to arbitration with the laws of the State of New York. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. In no event shall you have any right to seek and/or obtain injunctive relief against Kindly or to enjoin or restrain the business of Kindly and/or is related businesses.
You hereby consent to the exclusive jurisdiction and venue for arbitration in the County of New York, State of New York, and hereby waive any such jurisdictional defenses and shall not assert any forum non-conveniens, or similar defenses.
11. Modification of Terms of Use
Kindly reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, at any time. Any material changes will be shared by posting a notice on the Site or by sending you notice through the Service or via email. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.