Kind Base - Terms of Service

Last Modified: June 16th, 2016

Terms of Service

These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”, "user", "users") and Kind Base, Inc. (”Kind Base,” “we,” “our” or “us”) and govern your use of Kind Base’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of an organization, that organization accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability and require individual arbitration for any potential legal dispute. The Services are made available by Kind Base Inc. ("KindBase"), who can be contacted at hello@KindBase.com. By downloading or installing the Applications, registering for an account, or by logging into any user account, users confirm that they have read, understood, accept and agree to be bound by these Terms. Users may only use the Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by KindBase. You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us. You should read all of our terms carefully.

Amendments

Kind Base reserves the right to amend or update these Terms at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Services that will be subject to the Terms. Your continued use of the Services after the posting of an amended version constitutes your acceptance of such updated Terms.

Intellectual Property

IP Protection. The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to KindBase. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights.

Prohibited Activities. You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein.

Content. By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license. You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Kind Base’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Kind Base, its affiliates or its customers and users to harm or liability of any nature. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:
  1. export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
  2. access or monitor any material or information on any Kind Base system using any manual process or robot, spider, scraper, or other automated means;
  3. except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
  4. perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; 
  5. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Kind Base; 
  6. use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; 
  7. transfer any rights granted to you under these General Terms; 
  8. use the Services in a way that distracts or prevents you from obeying traffic or safety laws; 
  9. use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm; 
  10. use the Services for any illegal activity or goods or in any way that exposes you, other Kind Base users, our partners, or Kind Base to harm; 
  11. or otherwise use the Services except as expressly allowed under these Terms of Service and applicable Additional Terms.
If we reasonably suspect that your Kind Base Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Kind Base Account, and any of your transactions with law enforcement.

Copyright and Trademark Infringement

We respect the copyright and trademark rights of others and ask you to do the same. We respond to all valid notices of such copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others.

Use of location

The Services collect and records each User's location, provided that Users have given their consent and their device settings allow it. This location information is used to identify Sub-Merchants or other Users in a User's proximity and to pinpoint the location of a transaction for security purposes. The terms of Kind Base’s Privacy Policy shall apply to such information.

SMS and Email Communication

Kind Base operates a SMS/Text and an Email Messaging service that you can use to receive links to download the Kind Base mobile application, or links to transaction receipts, or links to online giving sites, and interact with additional services. You authorize Kind Base to send you messages containing the information you have requested. Users may receive additional information from organizations that the user is following, participating or associated with on Kind Base. User can opt-out of receiving SMS or Email messages through their account settings section of the service. Please note that Message and Data rates may apply.

Warranties and Liability

The Services and all content, functionality and features within it (the "Materials") are provided "as is" and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Kind Base disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Services is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party. Save in respect of any liability for personal injury or death caused by our negligence, KindBase shall not be liable for any damages, loss or injury arising in connection with these Terms and/or use of, or the inability to use, the Services or any function or services provided by the Services, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
While Kind Base uses reasonable efforts to ensure that the Services is free from viruses and other malicious content, neither Kind Base nor any other party involved in producing or delivering the Services assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users' computers or mobile devices or other property on account of access to or use of the Services.
Each User indemnifies, and will keep indemnified, Kind Base against all forms of liability, actions, proceedings, demands, costs, charges and expenses which KindBase may incur or be subject to or suffer as a result of the User use of the Services and the services and functionality provided by it.

Branding

No User or Sub-Merchant may publish or use Kind Base’s brand, branding or logos except with Kind Base’s prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Services.

Non-compliance

If a User does not comply with any aspect of these Terms, Kind Base may (without prejudice to any other rights or remedies available to it) cancel or suspend that User's account, disable the ability of that User to use the Application, and/or terminate these Terms (including the license granted within it). Kind Base shall not be liable for any loss or damage suffered by Users as a result of KindBase exercising its rights under this clause.

Governing law and jurisdiction

These Terms shall be governed by State of WA law, and all Users submit to the exclusive jurisdiction of the State of WA courts for any matter or dispute arising in relation to these Terms.

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