KINDR INC. TERMS OF USE

Version 1.1

Last Updated: February 9, 2014

This agreement (this “Agreement” or “Terms of Use”) describes the terms and conditions that apply to your use of services provided by Kindr Inc. (the “Services”), including the kindr.org website (the “Site”), and the Kindr mobile app (the “App”). By using the Services, you are agreeing to these terms, as updated from time to time, so please read this Agreement carefully. If you do not agree to be bound by these terms, do not use these or any other Services offered by Kindr.

We reserve the right to change these Terms of Use from time to time, in our sole discretion. We will notify you of changes by indicating on the top of this Agreement the date it was last revised. We will also try to alert users by e-mail if we make significant changes to these Terms of Use, but such alerts are not required to make the changes effective. Updated Terms of Use are effective immediately upon posting.

YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO USE THE SERVICES.

Kindr,” “We,” and “Us” refer to Kindr Inc., a Delaware corporation.

“You” means you, the person reading this Agreement. If you are connecting to the Services on behalf of a company, then “you” means that company (on behalf of which you, the individual, must have authority to enter into this Agreement).

  1. KINDR CONTENT, COPYRIGHTS, AND TRADEMARKS

    1. Proprietary Rights.

      The App, the Site, and other Services are comprised of and contain information that is owned or licensed by Kindr and that is protected by copyright, trademark and other laws throughout the world (the “Kindr Content”). The Services also include information that is provided by users (“Your Content” or “User Content,” as defined below). You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Kindr Content or User Content.

    2. Grant of License.

      Kindr hereby grants you a revocable limited non-exclusive license to use the Kindr Content for personal, non-commercial use, subject to: (i) these Terms of Use; and (ii) your full compliance with the terms and conditions of any other agreement applicable to your use of the Services. For example, a Facebook account may be used to access the Services; if so you must also comply with Facebook’s rules, and violation of Facebook’s rules constitutes a violation of this Agreement. With respect to any application downloaded from the Apple App Store, you will only use the App Store-sourced Application as permitted by the “Usage Rules” set forth in the Apple App Store terms of service. Kindr may terminate your use of the Services for violation of third-party agreements applicable to your use of the Services, regardless of whether your conduct would otherwise violate this Agreement. Kindr may revoke this license if Kindr believes, in its reasonable discretion, that you are in violation of these Terms of Use or any other applicable law, regulation, policy, rule, regulation or obligation. Kindr, its suppliers and service providers reserve all rights not granted in the Terms of Use. Any unauthorized use of the Kindr Content terminates the licenses granted herein.

    3. Trademarks.

      and other related graphics, logos, service marks and trade names used on or in the Services are the trademarks of Kindr and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

    4. Restrictions.

      (a) you may not commercially exploit the Services or the Kindr Content or any portion thereof; (b) you may not use framing techniques to enclose any trademark, logo, or other Kindr Content (including images, text, page layout or form); (c) you may not use any metatags or other “hidden text” using Kindr’s name or trademarks; (d) you may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you may not use any manual or automated software, devices or other processes to “scrape” or download data from any web pages contained in the Kindr Content; and (f) you may not access the Services in order to build a similar or competitive website, application or service.

  2. ACCESS TO THE SERVICES

    1. Connecting to Kindr.

      In order to access some features of the Services, you must provide information about yourself, such as your name, email address or phone number. In some cases, you may use your Facebook credentials to log in to the App or the Site using the Facebook Social Plugin, which enables Kindr to create an “account” for you (your “Account”). Kindr may also enable access through other social networking services (each, an “SNS”). Connecting to the Services in this manner gives Kindr access to certain information in your Facebook or other SNS account (each, a “Third Party Account”) as governed by the terms of your agreement with Facebook or other SNS.

    2. Registration Data.

      You represent and warrant that any information you have provided directly to Kindr, and to any SNS provider of the Third Party Account that you connect to the Services is true, accurate, current and complete (the “Registration Data”), and that you will maintain and promptly update the Registration Data to keep it current. You represent that you are at least thirteen (13) years old. You agree that you will not permit minors to access your Account. You agree not to use the Services if your Account has been previously removed by Kindr, or if you have been previously banned from the Services.

    3. SNS Content.

      By granting Kindr access to any Third Party Account, you understand that Kindr may access, copy, publish, display and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) that you have provided to and stored in your Third Party Account (“SNS Content”), so that it is available on and through the Services. THIS MEANS THAT PERSONALLY IDENTIFIABLE INFORMATION IN YOUR FACEBOOK OR OTHER SNS ACCOUNT, INCLUDING YOUR NAME AND YOUR CONTENT, MAY BE MADE AVAILABLE ON OR THROUGH THE SERVICES AS PERMITTED BY THE PRIVACY AND APPLICATION PERMISSION SETTINGS IN YOUR THIRD PARTY ACCOUNT, AND YOU EXPRESSLY CONSENT TO SUCH PUBLICATION AND DISTRIBUTION OF YOUR CONTENT. As between you and Kindr, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for purposes of these Terms of Use. Please note that if a Third Party Account or associated service becomes unavailable or Kindr’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Services.

      PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS PROVIDER(S) ASSOCIATED WITH YOUR THIRD PARTY ACCOUNT(S IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH PROVIDERS, AND KINDR DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO KINDR BY SUCH PROVIDER(S) IN VOLIATION OF THE PRIVACY SETTINGS OR PERMISSIONS THAT YOU HAVE SET IN SUCH THIRD PARTY ACCOUNTS. Kindr makes no effort to review any user-provided registration data or SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement and Kindr is not responsible for any such data or SNS Content.

    4. Activities Under Your Account.

      You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Kindr immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session.

    5. Updates.

      The Services are evolving. As a result, Kindr may require you to accept updates to the Services that you have installed on your computer or mobile device. You acknowledge and agree that Kindr may update the Services with or without notifying you. You may need to update third party software from time to time in order to continue to receive the Services.

  3. YOUR CONTENT

    1. Responsibility for Content.

      All content is the sole responsibility of the party from whom such content originated. This means that you, and not Kindr, are entirely responsible for all content that you upload, post, e-mail, submit, transmit or otherwise make available (“Make Available”) through the Services (including content and data transmitted to Kindr through the Facebook Social Plugin or other SNS) (“Your Content”). Similarly, other users of the Services (“Users”), and not Kindr, are responsible for the content they Make Available through the Services (“User Content”). You agree that you will not seek to hold Kindr responsible for Content that other Users or Third Parties Make Available.

    2. License to Your Content.

      Kindr does not claim to own Your Content. Subject to any applicable Account settings that you select, you hereby grant Kindr and its Users a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display and commercially exploit Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Users, advertising the Services, marketing the Services, and preparing derivative works of the Services in any medium. Without limiting the generality of the foregoing, you agree that Kindr may use gifs that you create, upload, and/or send to other users via Kindr in any manner, including without limitation as "featured" gifs and by adding them to Kindr's database of gifs (and thereby making them available to other users to send). You represent and warrant that you own Your Content or otherwise possess sufficient rights in Your Content to grant the license above.

    3. Confidentiality.

      You acknowledge that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services, and that neither other Users nor Kindr have any obligation to maintain the confidentiality of such Content. You further acknowledge and agree that Kindr personnel can and do sometimes access and review messages between users, and that Kindr may publish any gif that you send to another user in public areas of the Services.

    4. Feedback.

      You agree that Kindr has no obligations (including obligations of confidentiality) in connection with any ideas, suggestions, documents, and/or proposals that you submit to Kindr (“Feedback”). You agree that Kindr may use, implement and/or exploit such Feedback in any manner without compensation or attribution to you.

    5. User Name.

      By submitting Your Content to any forums, comments or any other area on or in the Services, you hereby expressly permit Kindr to identify you by your name, as indicated in your Facebook profile or otherwise provided during registration, as the contributor of Your Content (on the Services and anywhere else). We reserve the right to terminate your Account if your User name infringes, or is alleged to infringe, any right of any third party.

    6. Storage.

      Kindr has no obligation to store any of Your Content that you Make Available on or through the Services. Kindr has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

  4. CONTENT PROVIDED BY OTHERS

    1. User Content.

      The Site, the App, and other Services contain Content provided by other Users. Kindr is not responsible for and does not control Your Content or User Content. Kindr has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. Your interactions with other Users are solely between you and the other User, and we are under no obligation to become involved. You agree that Kindr will not be liable for any harm to you resulting from your interactions with other Kindr users.

    2. Third-Party Websites & Ads.

      The Services may contain links to third-party websites (“Third Party Websites”) and advertisements for third parties (collectively, “Third Party Websites & Ads”). Kindr is not responsible for any Third Party Websites & Ads and does not control, review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites & Ads, or their products or services. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third Party Websites and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

  5. RULES OF CONDUCT AND CIVILITY

    1. Your Profile.

      Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.

    2. User Conduct.

      As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Use, our Community Guidelines, or by applicable law. You may not (and may not permit any third party to) either (a) take any action, or (b) Make Available any Content on or through the Services, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Kindr’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of Kindr. In addition, you may not, and may not permit others to, attempt to engage or engage in any potentially harmful acts that are directed against the Services, including violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network.

    3. Enforcement.

      Although Kindr does not generally monitor user interactions or communications occurring on or through the Services, We reserve the right to do so. If Kindr becomes aware of possible violations by you of any provision of the Terms of Use, including these rules of conduct, Kindr reserves the right to immediately terminate your Account, or to change, alter or remove Your Content, in whole or in part, in its sole discretion, without prior notice to you, and without liability to you.

    4. Cooperation with Law Enforcement.

      If Kindr believes that criminal activity has occurred in connection with your Account, Your Content, or your use of the Services, Kindr reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Kindr is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in Kindr’s possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or a governmental request; or (ii) protect the rights, property or personal safety of Kindr, its Users or the public, and all enforcement or other government officials, as Kindr in its sole discretion believes to be necessary or appropriate.

    5. No Obligation to Pre-Screen Content.

      You acknowledge that Kindr has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Kindr reserves the right in its sole discretion to pre-screen, refuse or remove any Content that violates the Terms of Use or is otherwise objectionable. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content in or through the Service, including without limitation chat, text or voice communications.

  6. INTERACTIONS WITH OTHER USERS

    1. User Responsibility.

      You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that Kindr reserves the right, but has no obligation, to intercede in disputes between you and other Users.

    2. App Stores.

      The availability of the App (and thus the Services) is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms of Use and will have the right to enforce them. You must comply with all agreements between you and the App Store.

  7. Indemnification
  8. Indemnification.

    You agree to indemnify and hold Kindr and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Kindr Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Services; (c) your violation of the Terms of Use; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations. Kindr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kindr in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account or the Services.

  9. DISCLAIMER OF WARRANTIES

    1. AS IS.

      YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE KINDR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

      1. ANY CONTENT ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, OR ANY OTHER LOSS OR LIABILITY THAT RESULTS FROM ACCESSING SUCH CONTENT. THE KINDR PARTIES DISCLAIM ANY REPRESENTATIONS MADE IN YOUR CONTENT OR USER CONTENT.

      2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KINDR OR THROUGH THE SITE OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  10. LIMITATION OF LIABILITY

    1. DISCLAIMER OF CERTAIN DAMAGES.

      YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE KINDR PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT KINDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

    2. CAP ON LIABILITY.

      UNDER NO CIRCUMSTANCES WILL THE KINDR PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT RECEIVED BY KINDR AS A RESULT OF YOUR USE OF THE SERVICES AND (B) ONE HUNDRED DOLLARS ($100).

    3. USER CONTENT.

      THE KINDR PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

    4. USER CONTENT.

      BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KINDR AND YOU.

  11. Procedure for Making Claims of Copyright Infringement.

    1. Procedure for Making Claims of Copyright Infringement.

      It is Kindr’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Kindr by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site, or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Site or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Kindr’s Copyright Agent for notice of claims of copyright infringement is as follows:

      Kindr Inc.

      Attn: DMCA Agent

      4600 Kietzke Ln N254

      Reno, NV 89502

      support@kindr.me

  12. General Provisions.

    1. Electronic Communications.

      Except for legal notice under section 11.5, the communications between you and Kindr use electronic means, whether you visit the Site or send Kindr e-mails, or whether Kindr posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Kindr in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kindr provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

    2. Force Majeure.

      Kindr shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    3. Limitations Period.

      YOU AND KINDR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, THE SERVICES OR THE CONTENT (OTHER THAN ACTIONS FOR INDEMNIFICATION) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    4. Governing Law.

      This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflict of laws principles. You hereby expressly consent to the personal jurisdiction of and venue in the state and federal courts located in the County of Santa Clara, State of California, for any lawsuit arising from or related to this Agreement.

    5. Notice.

      You may give notice to Kindr at the following address: Kindr Inc., Attn: Matt Ivester, 4600 Kietzke Ln N254, Reno, NV 89502. Such notice shall be deemed given when received by Kindr by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. We may give you notice by email to your last-provided email address, and such notice shall be effective when sent, regardless of whether received.

    6. Waiver.

      Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    7. Severability.

      If any provision of these Terms of Use is held enforceable, all other provisions remain in full force and effect and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    8. Entire Agreement.

      These Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.