Last Updated: 5/11/21
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 grant Kindness, its affiliates, and partners a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, and sell what you have sent, in whole or in part, in any form, media or technology now known or later devised or perfected, without notification or compensation to you or anyone else. Any Submission you post to this Website will be considered non-confidential and nonproprietary. All of your Submissions must comply with the terms of these Terms. 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 will not be held 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.
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 are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms 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:
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.
Emails sent to any @kindness.org email address are considered our property. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.
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. Additionally, in keeping with the mission of Kindness, we explicitly prohibit uses of our website that are harmful, harassing, or threatening to any other person or group. The following are examples of prohibited uses of the website:
We reserve the right to decide, 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 removing your posted content, or 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 AFFILIATES 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 STEMMING FROM AN ACTION TAKEN BY YOU.
KINDNESS, kindness.org Inc., kindness.org, the [K] logo and other marks displayed on this Website are trademarks of Kindness. You must not use such marks without the prior written permission of the Company. Certain other trademarks displayed on this Website are not owned by Kindness and are the property of their respective owners.
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.
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.
Kindness makes no representation that materials on this Website are appropriate or lawful for use or access in 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, where this is legally permitted.
You agree that your use of this Website, these Terms and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to these Terms shall be resolved solely in the state or federal courts located in New York, New York, without regard to any conflict of laws principles.
You agree to defend, indemnify and hold harmless Kindness, 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 these Terms 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 these Terms or your use of any information obtained from this Website.
We may display images, audio, and video (the “Material”) on the Website from time to time. The types of Material users are authorized to access on the website includes Material commissioned by Kindness, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
Kindness respects the intellectual property rights of others. If you believe that any material on this Website infringes your copyrights, you must notify us in the way identified below, in accordance with the Digital Millennium Copyright Act (DMCA) requirements. Failure to comply with all of the requirements of this section may result in us not being required to process or respond to your DMCA notice. When we receive such a notice, we may remove or disable access to the material claimed to be infringing and/or take other actions. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the individual or entity who submitted the material, so that that he or she has the opportunity to make a counter notification. If you have any queries or complaints regarding copyright infringement, you may send your queries to: kindness.org Inc. 1350 Ave of the Americas, Fl 2 New York NY 10019 or email us at: firstname.lastname@example.org
Consistent with the U.S. Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov), to file a notice of copyright infringement with us, you must provide a written communication (e.g. PDF) to our contact identified above, in which you do the following:
Pursuant to Sections 512(g)(2) and (3) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, the provider of the content named in the above infringement notification may make a counter-notification. If we receive such a counter-notification, we may reinstate the material in question on our website, or cease disabling access to it. To file a counter-notification with us, you must provide a written communication to the contact identified above, in which you do the following (preferably in this format):
Please note that if you falsely claim that any posted content was removed or disabled due to Kindness’s mistake or misidentification, you may be liable for monetary damages, costs and attorney’s fees.
No waiver of by Kindness of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kindness to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
If you wish to contact Kindness about any other issue concerning the website, please use the contact information below: kindness.org Inc., 1350 Ave of the Americas, Fl 2 New York NY 10019 or email@example.com. Please include all details that you think would assist Kindness in investigating and resolving any concerns you may have.