Terms and Conditions / Privacy Policy

Welcome to kinded.com (our "Site"), a web site owned and operated by KIND, LLC. ("us", "we", "our", or "KIND")!

KINDED is a movement created by KIND to inspire unexpected acts of kindness. This Site is designed to capture, share, enable and encourage acts of kindness and has established online security measures and Terms & Conditions to ensure that every user is indeed treated kindly.

KIND recognizes the importance of protecting the privacy needs of users of kinded.com (the "Site"), subscribers to our mailing lists, and participants in our surveys, polls, contests, sweepstakes (collectively, "Users"). The following Privacy Policy is based on our respect for our Users' privacy and describes the Personal Information (e.g. email address, etc.) we gather about you, what we do with it, the safeguards we have in place to protect it, and how you can control our use of such Personal Information. If we collect information from you, we use it only for the purposes for which it was collected, and the other limited purposes outlined below. We will not sell or share your personally identifiable information with any third party. After all, that wouldn’t be very kind! When you provide Personal Information, you are consenting to the manner in which we will collect, use, disclose and otherwise manage your Personal Information, as set out below.

This Privacy Policy, together with the Terms & Conditions, set forth the general rules and policies governing your use of our Site. Please read these Terms and Conditions of Use carefully because by using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.

We generally keep this Privacy Policy and Terms & Conditions posted on our Site and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy and Terms & Conditions. When you access our Site, you agree to this Privacy Policy and Terms & Conditions.

Who May Use the Site:

Our Site is not intended or designed to attract users under the age of 13. Although KIND and our Site do not specifically seek to obtain any information from children under the age of 13, there are certain areas of our Site that children may visit. KIND does not knowingly collect personal information from individuals under 13. If individuals under 13 years of age wish to participate in contests or promotions, they must obtain the consent of their parent or guardian. If you are under 13, we ask that you not send us any Personal Information unless you have parent or guardian permission. In the event that we learn that such information has been sent to our Site, we will not retain the child’s information.

Our Site is intended for users from the United States and those not governed by privacy policies of other countries. Users from the other countries are advised not to disclose Personal Information to our Site. Information sent to us will be housed on servers located in the state of California, in the United States. Do not send us information unless you consent to the application of U.S. law and to the use and disclosure of your information consistent with this Privacy Statement.

Basic Terms of Use:

To use KINDED.com and participate in contests and promotions linked to the Site, you must consent to the following terms:

You must be 13 years or older to use this Site, or have permission from a parent or guardian.
You must treat all KINDED.com users kindly, and not abuse, harass, threaten, impersonate or intimidate other KINDED.com users.
You may not use KINDED.com for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, graphics, photos, audio and video clips, links ("Content") that you submit, post, and display on KINDED.com.
You must not modify another website so as to falsely imply that it is associated with KINDED.com.
You must not, in the use of KINDED.com, violate any laws in your jurisdiction (including but not limited to copyright laws).

While KINDED.com prohibits such conduct and content on its Site, you understand and agree that KINDED cannot be responsible for the Content posted on its Site and you nonetheless may be exposed to such materials and that you use the KINDED.com service at your own risk.

Privacy

Types of Information Collected; Uses of Information

We collect some non-personally identifiable information automatically and some in our KINDING posting forms, registration forms and online surveys. Certain, non-personally identifiable information (including, but not limited to, your IP address, the type of browser and operating system you are using, the domain name from which you linked to our Site) might be collected by our web servers to help diagnose technical problems and to help administer our Site. We may share this information with our other business partners on an aggregated basis or for the expressed purposes of Site functionality.

We will only collect Personal Information which you knowingly and voluntarily provide. We may collect Personal Information that you provide us when you:

Enter your email address upon posting a KINDING or registering a KINDED card. Registration of email address is an optional service provided by our Site. You do not have to register to browse on our Site, post a KINDING, or comment or rate KINDINGS, but you may have to register to (a) participate in a survey, poll, sweepstakes or contest that we are promoting, such as The Great KINDING, or (b) subscribe to a subscription list or newsletter. When you register, you are asked for certain Personal Information, specifically your e-mail address, if you choose to register it.
Participate in Contests, Sweepstakes, Polls or Surveys, or other KIND Activities; Pose a Question. When you submit a question, participate in a survey or poll, enter a contest or sweepstakes, or participate in other KIND Activities through our Site (collectively, "KIND Activities"), we may collect your Personal Information to administer your participation in such KIND Activity. At the time you are participating in a KIND Activity, we may ask your permission to send you future marketing information.
We may use the information from our KINDING posting forms, registration forms, and online surveys, and other forms related to KIND Activities to contact the user, but users may opt-out of receiving future mailings (see the choice/opt-out section below). We will not sell or disclose your personally identifiable data to any third party unless we first obtain explicit permission from you.

Other Ways We Collect and Use Your Personal Information:

Promotional Information and Marketing Materials:

We would like to inform you of products and services, sales and special offers that might benefit you. When you register online, request a newsletter or mailing list or participate in a KIND Activity, you will have the opportunity to sign up for e-mails about our products, services, sales and special offers. If you would like to stop receiving such promotional information from us, please see the "Choice/Opt-out " section of this Privacy Policy.

Access to Personal Information by Companies that Work with or on Behalf of KIND:

Some of our operations, such as our electronic commerce, may be managed by service providers who are unaffiliated, third party companies. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to our Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing fulfillment houses. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform these contracted for functions. We will not authorize these companies to use your Personal Information for any reason other than to provide you with specific contracted for services. For reasons of security, our Site does not store credit card information permanently on any Web server.

Other Uses of Personal Information:

We may also use the Personal Information you voluntarily provide, in addition to information provided to us from our service providers, to continually assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We may use that combined information to enhance and personalize your experience with our Site, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

We may also collect Personal Information about you from our service providers who provide us with e-commerce related services related to the Site. Our Web server automatically logs non-specific information about users including IP address, aggregate user data (which will not contain any Personal Information related to a single visitor), and browser type. This data is used to manage our Site, track usage and improve the Site’s functionality. This non-specific information may be shared with third-parties to provide more relevant services and advertisements to users.

Sale of Business:

In the event that KIND or some of our assets are sold or transferred or used as security, your Personal Information may be shared with third parties as part of that transaction. Lenders and business partners will be asked to maintain the same privacy as KIND.

Disclosures of Personal Information in Legal Proceedings:

If KIND, the Site or any of our service providers is requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, we or the applicable service provider may, without your consent or any notice to you, provide such information.

In matters involving claims of personal or public safety, we or the applicable service provider may provide your Personal Information to appropriate authorities without your consent or court process or any notice to you. We or our service providers also may provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving KIND or KIND, the applicable service provider. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.

Cookies

Our Site uses a technology called "cookies". A cookie is a tiny element of data that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. Cookies also allow us to store Users’ preferences and to record session information, for purposes including ensuring that Users are not repeatedly offered the same advertisements and to customize newsletter, mailing list, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any Personal Information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from our Site in order to use most functions on our Site. Our Site may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on our Site. These tracer tags are used to help us optimize and tailor our Site for you and other future website visitors.

Linking / Third Party Links on Our Site

Our Site may provide links to other Web sites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that KIND and our Site are not responsible for the availability of external Web sites or resources, and KIND and our Site do not endorse such Web sites, their contents, advertising, products, or other materials. You further agree that KIND and our Site shall not be responsible or liable, directly or indirectly, for any damage, viruses or loss caused or alleged in connection with your use of content, goods or services available on an external Web site or resources. In the event you decide to access or use any other Web sites, you agree to do so at your own risk.

In general, KIND does not object to links to our Site from third-party Web sites. However, you must abide by the following rules:

Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.
Do not present the link to our Site in any way that suggests KIND or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with KIND to do so;
Link only to the home page of our Site; and
Do not, without KIND's written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites.

KIND will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful Web site, or any Web site that may adversely affect the name, reputation and goodwill of KIND and its products. KIND reserves the right to cancel permission to link at any time, for any reason.

Security

All information, including order information such as credit card number and delivery address, provided to the Site is transmitted through the Internet using SSL (Secure Socket Layer) encryption. SSL, an industry standard, is a coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. Since any order information you provide to us on the Site will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order other items through our Site. The most recent versions of Netscape Navigator™ and Microsoft Internet Explorer® can support a secure connection and can be downloaded for free from the Netscape and Microsoft Web site respectively. We protect account information by placing it on a secure portion of our Site. We do not store credit card information permanently so you must supply the information each time you order.

Unfortunately, no data transmission over the Internet is 100% secure. KIND and the Site will take reasonable measures which it believes are appropriate to protect your personal information from loss, misuse, alteration or destruction, however, KIND cannot ensure or warrant the security of that information.

Choice/Opt-Out

At various points during the registration process on our Site, when signing up for a KIND Activity, or when subscribing to a newsletter or mailing list, you may be asked to indicate your willingness to allow us to communicate with you on an on-going basis, or receive updates or notifications regarding the Service. We will honor your preferences. At any time, however, you may (a) stop the receipt of a particular promotional or notification email by clicking on an "unsubscribe" hyperlink contained in any promotional or notification emails we send you, or (b) opt out of further disclosures of your personal information to third parties or by contacting us at:

KIND, LLC.
Attn: Doris Rivera
P.O. Box 1393 - OCS
New York, NY 10113

Or by e-mailing us at unsubscribe@kinded.com. It may take up to six (6) weeks to modify your preferences.

User Generated Content

The views, opinions, and comments expressed in through posted kind acts or comment fields DO NOT reflect the views and opinions of KIND.

Posting KINDINGS:

Posting KINDINGS on kinded.com not only qualifies you for The Great KINDING and allows you to track your chains of KINDINGS, but is also an awesome way to recognize and share your appreciation for the kind acts people do for you.

Please follow these common sense guidelines when using our Site:

Don't forget that kinded.com is a public space. Don't post anything you wouldn't want the world to know (e.g., your phone number, address, IM screens name, or specific whereabouts). Avoid posting anything that would make it easy for a stranger to find you.
Harassment, hate speech and inappropriate sexual or other content are not acceptable content for the Blog.
You are encouraged to report posts that violate our policy
You agree that KIND and the Site are not responsible for anything you post or any result of your postings. If you reveal information about yourself or others that creates danger you will have to take responsibility for the results. KIND cannot do so.

KIND can decide, in its sole discretion, what is inappropriate for the KINDED Site and reserves the right (but no obligations) to evaluate all user content before allowing it to be posted on the site or otherwise stored in connection with the site; and may do one or all of the following, at its discretion:

Monitor user content;
Alter, remove, or refuse to post or allow to be posted or stored any user content;
Monitor and/or filter any of your communications through the site (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive);
Restrict users’ ability to post by blocking of user’s IP address.
Comment Fields

These are the areas for users to add input to KINDING and say something to people who post KINDINGS. These areas all have the same rules that apply for posting KINDINGS and will also be monitored to maintain relevant content and foster a positive community.

Moderation

Every member of the KINDED community acts as a moderator through the abuse-reporting system. Members are asked to report inappropriate or ‘un-kind’ content. When inappropriate user generated content is found the owner is contacted (when email is available) and the post is edited or removed as needed.
KIND staff moderate users, content and content policy, and edit/hide/delete messages where appropriate.

General Terms of Use:

We reserve the right to modify or terminate the KINDED.com service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
We may remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, unkind, or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

KIND is based in New York, New York, in the United States of America. KIND makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of New York, State of New York, to adjudicate and resolve any dispute with KIND, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF NEW YORK IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms of Use are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Limitation of Liability

The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, KIND AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, KIND shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
Indemnification

You agree to defend, indemnify, and hold KIND, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Content and Copyright, Trademark, and Related Issues

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant KIND a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with KIND.

KIND may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created—throughout the world and for any purpose—without compensation to you of any kind.

You acknowledge and agree that Materials submitted by you may be made available by KIND for viewing, rating, reviewing, and commenting by the public. You acknowledge that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with Materials that you submit to KIND. By submitting Materials to KIND, you waive any privacy expectations that you may have with respect to the Materials.

You agree to hold KIND and its officers, directors, employees, agents, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with KIND’s use of the Materials submitted to KIND and used in any manner in KIND’s sole and absolute discretion.

We always appreciate your feedback or other suggestions about our Site, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.

KIND will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.

Copyright Violations

If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to this Site is:

KIND, LLC.
Attn: Doris Rivera
P.O. Box 1393 - OCS
New York, NY 10113

Complete Agreement

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and KIND regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only KIND has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by KIND.

Contacting the Website

If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact us by using our "Contact Us" form or via U.S. mail to: KIND, LLC, P.O. Box 1393 - OCS, New York, NY 10113