This agreement was written in American English. To the
extent any translated version of this agreement conflicts with the English
version, the English version controls.
Date of Last Revision: January 1, 2016.
TERMS OF SERVICE
The following terms and conditions govern all
use of Kind Visitor, Inc.Ős websites, mobile apps and blogs and all content,
services and products available at or through the websites, apps and blogs. The
websites, apps and blogs are owned and operated by Kind Visitor, Inc. (ŇKind
VisitorÓ), a California public benefit nonprofit corporation with IRS tax-exempt 501(c)3
nonprofit status. Kind VisitorŐs websites, apps and blogs are
offered subject to your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies (including,
without limitation, Kind VisitorŐs Privacy Policy, which appears below) and
procedures that may be published here from time to time by Kind Visitor (collectively,
the ŇAgreementÓ).
Please read this
Agreement carefully before accessing or using Kind VisitorŐs websites, apps or
blogs. By accessing or using any part of the websites, apps or blogs, you agree
to become bound by the terms and conditions of this agreement. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the websites, apps or blogs or use any Kind Visitor services. If these terms and conditions are considered an offer by Kind Visitor,
acceptance is expressly limited to these terms. The websites, apps and blogs
are available only to individuals who are at least 13 years old.
Responsibility of
Contributors. If you contribute to Kind VisitorŐs websites, apps or blogs,
comment on the websites, apps or blogs, post material to the websites, apps or
blogs, post links on the websites, apps or blogs, or otherwise make (or allow
any third party to make) material available by means of the websites, apps or
blogs (any such material, ŇContentÓ), you are entirely responsible for the
content of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text, graphics, photos,
video, an audio file, or computer software. By making Content available, you
represent and warrant that:
á
the downloading, copying and use of the Content will not infringe
the proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
á
if your employer has rights to intellectual property you create,
you have either (i) received permission from your
employer to post or make available the Content, including but not limited to
any software, or (ii) secured from your employer a waiver as to all rights in
or to the Content;
á
you have fully complied with any third-party licenses relating to
the Content, and have done all things necessary to successfully pass through to
end users any required terms;
á
the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
á
the Content is not spam, is not machine- or randomly-generated, and
does not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead recipients as
to the source of the material (such as spoofing);
á
the Content is not pornographic, does not contain threats or incite
violence towards individuals or entities, and does not violate the privacy or
publicity rights of any third party;
á
your Content is not getting advertised via unwanted electronic
messages such as spam links on newsgroups, email lists, other blogs and websites,
and similar unsolicited promotional methods;
á
your Content is not named in a manner that misleads your readers
into thinking that you are another person or company; and,
á
you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and effects of
the materials, whether requested to do so by Kind Visitor or otherwise.
By submitting Content to
Kind Visitor for inclusion on its websites, apps or blogs, you grant Kind
Visitor a worldwide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content for the purpose of displaying,
distributing and promoting your Content and/or Kind Visitor. If you delete
Content, Kind Visitor will use reasonable efforts to remove it from the websites,
apps and/or blogs, but you acknowledge that caching or references to the
Content may not be made immediately unavailable and that in some instances Kind
Visitor might be unable to remove it without, in Kind VisitorŐs sole discretion,
incurring excessive expense.
Without limiting any of
those representations or warranties, Kind Visitor has the right (though not the
obligation) to, in Kind VisitorŐs sole discretion (i)
refuse or remove any content that, in Kind VisitorŐs reasonable opinion,
violates any Kind Visitor policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the websites, apps and blogs to any
individual or entity for any reason, in Kind VisitorŐs sole discretion. Kind
Visitor will have no obligation to provide a refund of any amounts previously
paid.
Responsibility of Website,
App and Blog Visitors. Kind Visitor has not reviewed, and cannot review, all of
the material, including computer software, posted to its websites, apps and
blogs, and cannot therefore be responsible for that materialŐs content, use or
effects. By operating the websites, apps and blogs, Kind Visitor does not
represent or imply that it endorses the material there posted, or that it
believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The websites, apps and blogs may contain content that is
offensive, indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The websites,
apps and blogs may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights, of
third parties, or the downloading, copying or use of which is subject to
additional terms and conditions, stated or unstated. Kind Visitor disclaims any
responsibility for any harm resulting from the use by visitors of the websites,
apps and blogs or from any downloading by those visitors of content there posted.
Content Posted on Other
Websites, Apps and Blogs. We have not reviewed, and cannot review, all of the
material, including computer software, made available through the websites,
apps and blogs to which KindVisitor.org and KiVi.org link, and that link to KindVisitor.org
and KiVi.org. Kind Visitor does not have any control over these websites, apps
and blogs, and is not responsible for their contents or their use. By linking
to a non-Kind Visitor website, app or blog, Kind Visitor does not represent or
imply that it endorses such website, app or blog. You are responsible for
taking precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive content.
Kind Visitor disclaims any responsibility for any harm resulting from your use
of non-Kind Visitor websites, apps and blogs.
Copyright Infringement
and DMCA Policy. As Kind Visitor asks others to respect its intellectual
property rights, it respects the intellectual property rights of others. If you
believe that material located on or linked to by KindVisitor.org and/or
KiVi.org violates your copyright, you are encouraged to notify Kind Visitor in
accordance with Kind VisitorŐs Digital Millennium Copyright Act (ŇDMCAÓ)
Policy. Kind Visitor will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all links to the
infringing material. Kind Visitor will terminate a visitorŐs access to and use
of the website, app and blog if, under appropriate circumstances, the visitor
is determined to be a repeat infringer of the copyrights or other intellectual
property rights of Kind Visitor or others. In the case of such termination,
Kind Visitor will have no obligation to provide a refund of any amounts previously
paid to Kind Visitor.
Intellectual Property. This Agreement does not transfer from Kind Visitor to you
any Kind Visitor or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties) solely
with Kind Visitor. Kind Visitor, KindVisitor.org, KiVi.org, Kind VisitorŐs
logo, and all other trademarks, service marks, graphics and logos used in
connection with Kind VisitorŐs websites, apps and blogs are trademarks or
registered trademarks of Kind Visitor. Other trademarks, service marks,
graphics and logos used in connection with the websites, apps or blogs may be
the trademarks of other third parties. Your use of Kind VisitorŐs websites, apps
or blogs grants you no right or license to reproduce or otherwise use any Kind
Visitor or third-party trademarks.
Changes. Kind Visitor reserves the right, at its sole discretion, to
modify or replace any part of this Agreement. It is your responsibility to
check this Agreement periodically for changes. Your continued
use of or access to Kind VisitorŐs websites, apps and/or blogs following the
posting of any changes to this Agreement constitutes acceptance of those
changes. Kind Visitor may also, in the future, offer new services and/or
features through the websites, apps and blogs (including, the release of new
tools and resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement.
Termination. Kind Visitor may terminate your access to all or any part of its
websites, apps and blogs at any time, with or without cause, with or without
notice, effective immediately. If you wish to terminate this Agreement or your Kind
Visitor account(s), you may simply discontinue using the websites, apps or blog.
Kind Visitor can terminate the websites, apps and blog immediately as part of a
general shut down of our service. All provisions of this Agreement that by
their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Disclaimer of Warranties. Kind VisitorŐs websites,
apps and blogs are provided Ňas is.Ó Kind Visitor and its suppliers and
licensors hereby disclaim all warranties of any kind, express or implied,
including, without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither Kind Visitor nor its suppliers
and licensors, makes any warranty that the websites, apps and blogs will be
error-free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the websites,
apps and blogs at your own discretion and risk.
Limitation of Liability. In no event will Kind
Visitor, or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict liability or
other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use or loss or
corruption of data; or (iv) for any amounts that exceed the fees paid by you to
Kind Visitor under this agreement during the twelve (12) month period prior to
the cause of action. Kind Visitor shall have no liability for any failure or
delay due to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and
warrant that (i) your use of Kind VisitorŐs websites,
apps and blogs will be in strict accordance with Kind VisitorŐs Privacy Policy,
with this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city,
or other governmental area, regarding online conduct and acceptable content,
and including all applicable laws regarding the transmission of technical data
exported from the United States of America or the country in which you reside)
and (ii) your use of the websites, apps and blogs will not infringe or
misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Kind Visitor, its
contractors, and its licensors, and their respective directors, officers, advisors,
employees and agents from and against any and all claims and expenses,
including attorneysŐ fees, arising out of your use of Kind VisitorŐs websites, apps
and/or blogs, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Kind
Visitor and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of Kind
Visitor, or by the posting by Kind Visitor of a revised version. Except to the
extent applicable law, if any, provides otherwise, this Agreement, any access
to or use of Kind VisitorŐs websites, apps and/or blogs will be governed by the
laws of the state of California, U.S.A., excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or relating to
any of the same will be the state and federal courts located in San Francisco
County, California. Except for claims for injunctive or equitable relief or
claims regarding intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute arising under this
Agreement shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc.
(ŇJAMSÓ) by three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in San Francisco, California, in the English
language and the arbitral decision may be enforced in any court. The prevailing
party in any action or proceeding to enforce this Agreement shall be entitled
to costs and attorneysŐ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the partiesŐ original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to
any party that consents to, and agrees to be bound by, its terms and
conditions; Kind Visitor may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
PRIVACY POLICY
Your privacy is extremely important to us. We at Kind
Visitor obey several fundamental principles:
á
We ask for only the most basic personal information to improve
the experience of our users.
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We donŐt share your personal information with anyone except to
comply with the law or protect our rights.
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We donŐt store personal information on our servers unless
required for the on-going operation of one of our services.
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We aim to make it as simple as possible for you to control
whatŐs visible to the public, seen by search engines, kept private, and
permanently deleted.
Kind Visitor, Inc.,
operates KindVisitor.org and KiVi.org, its apps and its blogs. It is our policy
to respect your privacy regarding any information we may collect while
operating our websites, apps and blogs.
Website Visitors: Like most website, app and blog operators, Kind Visitor
collects non-personally-identifying information of the sort that web browsers
and servers typically make available, such as the browser type, language
preference, referring site, and the date and time of each visitor request. Kind
VisitorŐs purpose in collecting non-personally identifying information is to
better understand how Kind VisitorŐs visitors use its website, apps and blog so
we can improve the user experience. From time to time, Kind Visitor may release
non-personally-identifying information in the aggregate, e.g., by publishing a
report on trends in the usage of its website, apps and blog.
Kind Visitor also
collects potentially personally-identifying
information like Internet Protocol (IP) addresses for logged in users and for
users leaving comments. Kind Visitor only discloses logged-in user and
commenter IP addresses under the same circumstances that it uses and discloses
personally-identifying information as described below, except that blog
commenter IP addresses are visible and disclosed to the administrators of the
blog where the comment was left.
Gathering of Personally-Identifying Information: Certain visitors to Kind VisitorŐs websites, apps or blogs
choose to interact with Kind Visitor in ways that require Kind Visitor to
gather personally-identifying information. The amount and type of information
that Kind Visitor gathers depends on the nature of the interaction. Those
who engage in transactions with Kind Visitor are asked to provide additional
information, including as necessary the personal and financial information
required to process those transactions (such as donations). In each case, Kind
Visitor collects such information only insofar as is necessary or appropriate
to fulfill the purpose of the visitorŐs interaction with Kind Visitor. Kind
Visitor does not disclose personally-identifying
information other than as described below. And visitors can always refuse to
supply personally-identifying information, with the
caveat that it may prevent them from engaging in certain website-, app- or
blog-related activities.
Aggregated Statistics: Kind Visitor may collect statistics about the behavior of
visitors to its websites, apps and blogs. For instance, Kind Visitor may
monitor the most popular posts on KindVisitor.org and KiVi.org and may display
this information publicly or provide it to others. However, Kind Visitor does
not disclose personally-identifying information other
than as described below.
Protection of Certain
Personally-Identifying Information: Kind Visitor discloses
potentially personally-identifying and personally-identifying information only
to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on
Kind VisitorŐs behalf or to provide services available at Kind VisitorŐs
websites, apps and/or blogs, and (ii) that have agreed not to disclose it to
others. Kind Visitor will not rent or sell potentially personally-identifying
and personally-identifying information to anyone. Other than to its employees,
contractors and affiliated organizations, as described above, Kind Visitor
discloses potentially personally-identifying and personally-identifying
information only in response to a subpoena, court order or other governmental
request, or when Kind Visitor believes in good faith that disclosure is
reasonably necessary to protect the property or rights of Kind Visitor, third
parties or the public at large. Kind Visitor takes all measures reasonably
necessary to protect against the unauthorized access, use, alteration or
destruction of potentially personally-identifying and
personally-identifying information.
Cookies: A cookie is a string of information that a website stores on a
visitorŐs computer, and that the visitorŐs browser provides to the website each
time the visitor returns. Kind Visitor uses cookies to help Kind Visitor
identify and track visitors, their usage of the Kind Visitor websites, and
their website-access preferences. Kind VisitorŐs visitors who do not wish to
have cookies placed on their computers should set their browsers to refuse
cookies before using Kind VisitorŐs websites, with the drawback that certain
features of Kind VisitorŐs websites may not function properly without the aid
of cookies.
Business Transfers: If Kind Visitor, or substantially all of its assets were
acquired, or in the unlikely event that Kind Visitor goes out of business or
enters bankruptcy, user information would be one of the assets that is
transferred or acquired by a third party. You acknowledge that such transfers
may occur, and that any acquirer of Kind Visitor may continue to use your
personal information as set forth in this policy.
Ads: Ads appearing on any of our websites, apps
or blogs may be delivered to users by advertising partners, who may set cookies.
These cookies allow the ad server to recognize your computer each time they
send you an online advertisement to compile information about you or others who
use your computer. This information allows ad networks to, among other things,
deliver targeted advertisements that they believe will be of most interest to
you. This Privacy Policy covers the use of cookies by Kind Visitor and does not
cover the use of cookies by any advertisers.
Privacy Policy Changes: Although most changes are likely to be minor, Kind Visitor may
change its Privacy Policy from time to time, and in Kind VisitorŐs sole
discretion. Kind Visitor encourages visitors to frequently check this page for
any changes to its Privacy Policy. Your continued use of this site after any
change in this Privacy Policy will constitute your acceptance of such change.