KindMill Terms of Service
As of the 31st March 2019
1. Our services
KindMill helps people share the things that they want and need in an easy and practical way. We believe that by sharing with others the things you want and need you can increase your chances of finding those things as well as better evaluate the things you want and need in your life.
2. Who Can use the KindMill Services
If you are under the age of 13 then you cannot use KindMill Services. To be clear this means that people under the age of 13 cannot create an account or use the KindMill mobile app.
If you are using the KindMill services then you agree:
That you can form a binding contract with KindMill.
That you are not a person who the United States of America Government has banned from using such services.
You will no break any local, state, national and international laws, rules and regulations.
If you are using the KindMill Services on behalf of a business or some other institution or entity, you agree you have been given authorised ability to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or institute or entity.
3. The Rights KindMill grants you.
KindMill grants you a personal, royalty-free, worldwide, non-exclusive, revocable, non-assignable, and non-sublicensable licence to access and use our Services. This licence is for allowing you to use the Services benefits in a way that these Terms of Services approve of.
Any software that we at KindMill provide you may automatically download and install upgrades, updates or other new features.
You cannot as a user of KindMill or otherwise copy, modify, lease, sell, or distribute, any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or we have given our written consent to do so.
4. The Rights you grant us at KindMill.
Our Services allows you to create, upload, post, modify, like, send, receive and store content. As you do that, you keep whatever ownership rights in that content you had to begin with. However you grant us a licence to be able to use that content.
For all content you submit to the Services, you grant KindMill and our affiliates a worldwide, royalty-free, sublicensable and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute that content. This licence is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones.
In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual licence to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform and publicly display Public Content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post or send Public Content, you also grant KindMill, our affiliates and our business partners the unrestricted, worldwide, perpetual right and licence to use your name, likeness and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from KindMill, our affiliates or our business partners if your name, likeness or voice is conveyed through the Services, either on the KindMill application or on one of our business partners’ platforms.
While we’re not required to do so, we may access, review, screen and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. However, you alone remain responsible for the content you create, upload, post, send or store through the Service.
The Services may contain advertisements. In consideration for KindMill letting you access and use the Services, you agree that we, our affiliates and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.
If you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. The Content of others
A lot of the content on our Services may be produced by users, publishers and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although KindMill reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we can’t – and don’t – take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we don’t want the Services to be put to bad uses. But because we don’t review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
6. You must respect other users rights
KindMill we believe in respecting the rights of others and expect all users of the Service to also do the same. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right;
bullies, harasses or intimidates;
spams or solicits our users.
You must also respect the rights of KindMill. These Terms do not grant you any right to do any of the following (or enable anyone else to do so):
use branding, logos, designs, photographs, videos or any other materials used in our Services;
copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
use the Services, any tools provided by the Services or any content on the Services for any commercial purposes without our consent.
To summarize you may not use the Services or the content on the Services in ways that are not authorised by these Terms. Nor may you help anyone else to do so.
If KindMill becomes aware that one of its users has infringed copyrights, we will terminate the user’s account if we see the need to do so. Please contact us if you notice or suspected copyright infringement from another user on the platform. We will do our best to act on the matter as quickly as we can.
8. Safety is Important
We want KindMill to be a safe environment for users of the Service, however we understand that with Services like ours it can be hard to patrol and keep an eye out for people with low levels of emotional intelligence. By using the Services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will not use any robot, crawler, spider, scraper or other automated means or interface to access the Services or extract other users’ information.
You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
You will not use or attempt to use another user’s account, username or password without their permission.
You will not solicit login credentials from another user.
You will not post content that contains or links to pornography, graphic violence, threats, hate speech or incitements to violence.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to access areas or features of the Services that you are not authorised to access.
You will not probe, scan or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.
If you find someone who is not playing by these rules please report them to us.
9. Your KindMill Account
You are responsible for any activity that occurs in your KindMill account, so it’s important that you keep your account secure. We recommend that you select a strong password that you don’t use for any other accounts or services.
By using the KindMill Services, you agree that, on top of exercising basic common sense:
You will not create more than 1 KindMill account for yourself, without our permission.
You will not create another account if we have already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent or lease access to your KindMill account, posts, a KindMill username or a friend link without our written permission.
You will not share your password.
You will not log in or attempt to access the Services through unauthorised third-party applications or clients.
If you suspect someone has gained access to your account, please contact us as soon as possible on firstname.lastname@example.org
10. Data Use
This may seem obvious but we thought we should include it just in case. You are responsible for any mobile charges that you may incur for using the KindMill Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider.
11. Contact information
If you are receiving any emails or mobile messages from us, it is up to you to make sure you keep your contact information up to date. If you for example change mobile number or email address you should update that with us so that we can continue to correspond with you through the correct contact details.
12. Third party Services
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. KindMill is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
13. Termination and or Modifying the Service
As we continue to make improvements to our Services and build new ones we may remove or add products, features or functionalities or we may suspend or stop the Services completely. These actions could happen at anytime and without you receiving any notice either before or after that happens.
We really hope that you enjoy using KindMill and that you will be part of the journey we go on from a small startup to company that can have a bigger and more positive impact on the world, but you can terminate these Terms at any time and for any reason by deleting your account.
KindMill may also terminate these Terms with you at any time, for any reason, and without advance notice. This means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity and we may reclaim your username at any time for any reason.
Regardless of who terminates these Terms, both you and KindMill continue to be bound by this Terms of Service.
With respect to this Terms, you hereby affirm that, to the extent permitted by law, you will indemnify, defend and hold faultless KindMill, our affiliates, directors, officers, stockholders, employees, licensors and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising from, or relating in any way to: (a) the accessibility or usability of our Services; (b) your uploaded content; and (c) the breaching of these Terms.
(a) All the services we offer are provided on an ‘as is’ and ‘as available’ basis and to the extent permitted by law. KindMill makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including without limitation, implied warranties or conditions of merchantability, fitness for particular purposes, or non-infringement of intellectual property or other violation of rights.
(b) Further, while KindMill attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free or current; (b) the services will always function without delay, disruptions or imperfections; or (c) that any content, user content or information you obtain on or through the services will be timely or accurate.
(c) In no event will KindMill be responsibility or liable for any content that you, another user or a third party creates, uploads, posts, sends, receives or stores on or through our services. you understand and agree that you may be exposed to content that might be offensive, illegal, misleading or otherwise inappropriate, none of which KindMill will take responsibility for.
16. Limitation of Liability
To the maximum extent permitted by law, KINDMILL and/or its managing members, shareholders, employees, affiliates, licensors, agents and suppliers shall not be liable for any damages (including, without limitation, damages for loss of data or profit, or due to interruption of transaction) whether incurred directly or indirectly, resulting from: (a) your access to or use of or inability to access or use the services; (b) the conduct or content of other users or third parties on or through the services; or (c) unauthorized access, use or alteration of your content, even if kindmill has been advised of the possibility of such damages.
17. Arbitration, class-action waiver and jury waiver
Note by agreeing to our Terms it requires you and KindMill to agree to resolve all disputes through binding individual arbitration.
Applicability of arbitration agreement. You and KINDMILL agree that all claims and disputes contract, tort or otherwise, including but not limited to all statutory claims, arising out of or relating to these Terms or the use of our Services which cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and KINDMILL are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
For more details about this please contact us on email@example.com
You and KindMill waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and KindMill instead are electing to have claims and disputes resolved through arbitration.
18. Additional Terms
These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and KindMill and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
If you have any questions or comments about our Terms of Service, please Contact us. on firstname.lastname@example.org
Last Updated 31st March 2019