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Terms & Conditions

Last Updated: 5/11/21

This website, as well as Kindlab (located at https://lab.kindness.org), are operated by kindness.org, Inc. (“Kindness”). We refer to any person accessing or using this Website and its various platforms as “you,” or the “user.” Please read these Terms and Conditions of Use carefully. By using this Website, Kindlab, or any of our other platforms or functionalities (collectively the “Website”), or by clicking “I accept” where provided, you accept the following terms and conditions (the “Terms”) and our privacy policy. This Terms may be updated from time to time, at the sole discretion of 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 these Terms. If you do not accept these Terms, your only option is to not use this Website. This Website is available for use by users who are 13 years of age or older (or 16, where applicable). By using this Website, you represent and warrant that you meet all of the eligibility requirements.

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 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.

Accesing the Website and Account Security

To access the website, or some of the resources it offers, you may be asked to provide certain registration details, or link your social media account. It is a condition of your use of the website that all the information you provide to us in order to open and use an account 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 the website, is governed by our privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy. If you choose, or are provided with, a username, password, link to access your account, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website, or any portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

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:

  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: “© [Year] 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.

Email Correspondence

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.

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.

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:

  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. You are prohibited from using this Website 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 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.

Trademarks

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.

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 contain links 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 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.

Governing Law

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.

Indemnification

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.

Images and Video

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.

Copyright Notice

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: hello@kindness.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:

  1. For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
  2. Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
  3. For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
    • Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
    • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
    • Sign the document (physically or electronically).Please note that if you falsely claim that any posted content is infringing your copyrights, you may be liable for monetary damages, costs, and attorney’s fees.

Counter Notification

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):

  1. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person.
  2. Identify the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (i.e., the specific URLs or other unique identifying information).
  3. State under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Provide your physical or electronic signature.

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.

Waiver anf Severability

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.

Entire Agreement

These Terms, and our privacy policy constitute the sole and entire agreement between you and Kindness with respect to the website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Contacting Us

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 hello@kindness.org. Please include all details that you think would assist Kindness in investigating and resolving any concerns you may have.