CommonKindness Inc. ("CommonKindness") is pleased to provide you with access to certain services offered by CommonKindness. Your use of these services (the "Services") is subject to the binding legal agreement set forth below (the "Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we offer to you will be subject to these Terms. Any such amendment shall be effective from such time that CommonKindness posts the amended Terms on the CommonKindness Site. Your continued use of the CommonKindness Site after such time shall be deemed to constitute your acceptance of the amended Terms. Please review the most current version of these Terms each time you visit the CommonKindness Site.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW.
IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE.
How You Can Use the Services
You may use the Services for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not, and you agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth in these Terms.
What you must do
If you register as a member, you must (a) maintain and protect the confidentiality of your password and not disclose your password to any other person, nor use the username and password of any other person for the purpose of logging on to the CommonKindness Site as another person or otherwise accessing another person's member profile; (b) ensure that all details provided by you correctly describe you as an individual person, and not any other real individual or fictional character; and (c) not include in your member profile any information that we expressly require to be excluded from member profiles, for example, without limitation, any telephone numbers or street addresses.
You agree not to use another's account information without permission. You agree to provide accurate and complete account information as requested by us. You are solely responsible for the activity that occurs in connection with your account information, and you must keep any account passwords secure. Although CommonKindness will not be liable for your losses caused by any unauthorized use of your account information, you may be liable for the losses of CommonKindness or others due to such unauthorized use.
CommonKindness collects revenue ("Revenue") from the companies whose coupons are made available through the Services. Upon receipt of said Revenue, CommonKindness, acting merely as a collection and payment agent, distributes a portion of such Revenue ("Donated Revenue") to an account designated for payment to non-profit service providers and other charities that participate in the Services (collectively, "Charities"). Through the Services, CommonKindness allows you to select a Charity and associate them with your account ("Your Charity"). Generally, CommonKindness will distribute to Your Charity the portion of Donated Revenue attributable to your redemption or printing of coupons from the Services. In some instances, coupons you print or redeem will have a pre-designated Charity associated with them. By selecting any of these coupons, you are indicating your desire to have the Donated Revenue go to the associated pre-designated Charity. Also, due to technical limitations and other restrictions placed on certain coupons, all or some of this Donated Revenue may instead be distributed to Charities designated by the CommonKindness board. At no time will CommonKindness exercise dominion or control over the monies that have been designated as charitable contributions either by you or a company through in the Services.
Submissions / Content
Through some of the Services, you may be allowed to provide content (any such content is referred to herein as "Content"), for example by posting or linking to materials or providing comments for others to see. If you post, link to or otherwise provide any Content, you guarantee, represent and warrant to us that:
- You have legal rights to post, link to or otherwise provide such Content and it will not violate any law or the rights of any person;
- While you or the rightful owner of the Content retain all of ownership rights in the Content, you give us (and have the necessary rights to give us) the royalty-free, irrevocable, perpetual, transferable, sub-licensable, worldwide right to allow other people to view the Content as described in these Terms; and to use, distribute, modify, display, publicly perform, and create derivative works from the Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, consistent with the purposes and function of the Services;
- You are entirely responsible for all Content you post, link to, upload, e-mail, transmit, provide or otherwise make available by and/or through the Services;
- You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Services and these Terms; and
- For all Content, including all information and materials of any kind, including graphics, sounds, text, posted, linked to or otherwise provided by any users of our Services, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using our Services; and we do not screen, monitor, edit or review Content before it appears on our Services. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe that such Content violates the rights of any third party otherwise violates applicable law or the removal of such Content will improve our Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using our Services, you may be exposed to Content that is offensive or objectionable.
No License Granted
Except for allowing you to use the Services for your personal, non-commercial use as set forth in the paragraph "How you can use the Services" above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of CommonKindness or any other users. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER COMMONKINDNESS PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
The Services are owed by CommonKindness and/or its licensors and protected by applicable law, with all rights reserved. CommonKindness takes the protection of intellectual property rights, including copyrights, very seriously. If you infringe or misappropriate the intellectual property rights, including copyrights, of others, CommonKindness will terminate your access to, or use of, the Services without notice to you.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to CommonKindness if they have a good-faith belief that their protected works are being infringed. CommonKindness will respond to all such notifications that are sent to:
P.O. Box 273
Sausalito, California 94966
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Website provider to locate the material;
- Information reasonably sufficient to permit the Website provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of such notification, CommonKindness shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After CommonKindness removes or disables access to such material, if such material was posted by a user of the Services, CommonKindness will notify the party that posted the material of its action. Such party may then provide CommonKindness's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which CommonKindness will forward to the alleged copyright owner. CommonKindness will inform the alleged copyright owner that CommonKindness will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to CommonKindness's designated agent stating that it has filed suit against the alleged infringer.
An effective counter-notification must be sent to CommonKindness's designated agent, whose name and address are listed above. The notice must include the following information:
- The counter-notifying party's physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where CommonKindness is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided CommonKindness with notification or an agent of such a person.
CommonKindness, CommonKindness and our other graphics, logos, designs, headers, icons, scripts and service names are registered trademarks, trademarks or trade dress of CommonKindness in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks are the property of their respective owners.
Contests and Sweepstakes
From time to time, CommonKindness might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
The CommonKindness Site is not for children
We strive to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering Services) are commercially available that may assist parents in limiting access to content that may be harmful to minors. By using the CommonKindness Site, you represent that you are at least 13 years of age by using the CommonKindness Site. If you are not yet 13 years, you must leave and cease all use of the CommonKindness Site. If you need parental or other consent to enter into a legally binding agreement based on the Terms, you represent that you have obtained such consent.
Third Party Services
Conduct of Registered Users and Visitors
To help everyone have a positive experience when using the Services, we ask, and you agree, to follow the following basic rules of conduct when using the Services:
- You will follow these Terms and all applicable laws;
- You will never give your password or account information to anyone (no CommonKindness employee will ever ask for it) and you will not provide your billing or credit information;
- You will not harass, threaten or abuse other people when using the Services in any manner;
- You will not interfere with others' use of the Services or act in a way that negatively affects other users' enjoyment of the Services;
- You will not upload, post, e-mail or otherwise make available any Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
- Advocates racism, hatred or physical harm of any kind toward any person (including harassment, stalking or threats of physical harm) or otherwise violates the rights or interest of others;
- Advocates the commission of illegal acts:
- Displays pornographic or sexually explicit material of any kind;
- You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
- You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user;
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with CommonKindness; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
- You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
- You will not manipulate the Services so as to hide your identity or participation in the Services (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
- You will not post any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
- You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be connected with your account or otherwise related to your use of the Services. YOU UNDERSTAND THAT COMMONKINDNESS IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS any information that may be connected with your account or otherwise related to your use of the Services FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS OR ANY OTHER REASON.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SERVICES AND FOR ALL CONTENT PROVIDED IN CONNECTION WITH YOUR ACCOUNT INFORMATION, AND AGREE TO INDEMNIFY AND HOLD COMMONKINDNESS AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SERVICES, THE CONTENT PROVIDED IN CONNECTION WITH YOUR ACCOUNT INFORMATION (WHETHER CONTRIBUTED BY YOU, LINKED BY YOU OR OTHERWISE), OR YOUR ACCESS TO THE SERVICES, OR YOUR VIOLATION OF ANY OF THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE IN CONNECTION WITH THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, SERVICES AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT COMMONKINDNESS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT COMMONKINDNESS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMMONKINDNESS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, SERVICES AND CONTENT) INCLUDED IN OR ACCESSIBLE IN ANY WAY FROM, THROUGH OR BY THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMMONKINDNESS OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO, TAMPERING WITH OR TRANSMISSION OF YOUR PERSONAL INFORMATION OR COMMUNICATIONS, IN ANY WAY ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, EVEN IF COMMONKINDNESS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Access Restrictions; Termination
We can terminate your access to the Services or the Services at any time. We may also remove or delete any Content that you provide without cause and without notice to you.
We can also change these Terms at any time, and your continued use of the Services after any such change will mean that you agreed with all such prior changes. Notice to you may be made by displaying notices or links to notices generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
Termination is your sole and exclusive remedy
Your sole and exclusive remedy related to any dissatisfaction with the CommonKindness Site or our performance of our obligations under these Terms is termination of your member account and use of the CommonKindness Site.
These Terms are the entire agreement between you and CommonKindness. They supersede any and all prior or contemporaneous agreements between you and CommonKindness relating to your use of the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by CommonKindness for any violation of CommonKindness's proprietary or other rights, any and all disputes relating to these Terms, your use of the Services be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be New York, New York. You can direct any questions concerning these Terms to info@CommonKindness.com.