- You must be 4 years or older to use this app.
- You may not post nude, partially nude, or sexually suggestive photos.
- You are responsible for any activity that occurs under your screen name.
- There is no tolerance for objectionable content or abusive users.
- bKindly will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other bKindly users.
- You must not crawl, scrape, or otherwise cache any content from bKindly including but not limited to user profiles and photos.
- You must not create or submit unwanted email or comments to any bKindly members.
- You must not use web URLs in your name without prior written consent from bKindly, Inc.
- You may not use the bKindly service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links ("Content") that you submit, post, and display on the bKindly service.
- You must not modify, adapt or hack bKindly or modify another website so as to falsely imply that it is associated with bKindly.
- You must not access bKindly’s private API by any other means other than the bKindly application itself.
- Violation of any of these agreements will result in the termination of your bKindly account. While bKindly prohibits such conduct and content on its site, you understand and agree that bKindly cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the bKindly service at your own risk.
- You may end your legal agreement with bKindly at any time by deactivating your account and discontinuing use of the Services.
- You may also request permanent deletion of your account. It may take up to 60 days to delete account data. Some information is not associated with your account and therefore may still be visible even after account deletion. For example, messages posted in others’ accounts will not be deleted when your account is deleted.
THIRD PARTY USE & CONSENT | GENERAL CONDITIONS:
- We reserve the right to modify or terminate the bKindly service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
- Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services provided to you are on an "As Is" and "As Available" basis. Reference to bKindly includes its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. bKindly disclaims all Warranties and Conditions whether express or implied, of merchantability, fitness for a particular purpose or non-infringement.
- bKindly makes no warranty or representation and disclaims all responsibility and liability for:
(i) the accuracy, availability, security or reliability of the Services or any Content;
(ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
(iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
(iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from bKindly or through the Services, will create any warranty or representation not expressly made here.
- To the extent permitted under applicable law, in no event will bKindly be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the Services or any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited to fifty dollars (U.S. $50.00) or the amount you paid bKindly, if any, in the past six months.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
- You and bKindly agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and bKindly 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. The phrase "all claims and disputes" also includes claims and disputes that arose between us before the effective date of these Terms.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator.
PROPRIETARY RIGHTS IN CONTENT ON bKINDLY:
- bKindly does NOT claim ANY ownership rights in the text, files, images, photos, applications, or any other materials (collectively, "Content") that you post on or through the bKindly Services.
By displaying or publishing ("posting") any Content on or through the bKindly Services, you hereby grant to bKindly a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the bKindly Services.
- Some of the bKindly Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that bKindly may place such advertising and promotions on the bKindly Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that:
(i) you own the Content posted by you on or through the bKindly Services or otherwise have the right to grant the license set forth in this section,
(ii) the posting and use of your Content on or through the bKindly Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and
(iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the bKindly Services.
- The bKindly Services contain Content of bKindly ("bKindly Content"). bKindly Content is protected by copyright, trademark, patent, trade secret and other laws, and bKindly owns and retains all rights in the bKindly Content and the bKindly Services. bKindly hereby grants you a limited, revocable, non sub licensable license to reproduce and display the bKindly Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the bKindly Services.
- The bKindly Services contain Content of Users and other bKindly licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the bKindly Services.
- bKindly performs technical functions necessary to offer the bKindly Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the bKindly Services.
- Although the App and other bKindly Services are normally available, there will be occasions when the Site or other bKindly Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of bKindly.
- Although bKindly will normally only delete Content that violates this Agreement, bKindly reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by bKindly in order to comply with certain legal obligations and is not retrievable without a valid court order.
Consequently, bKindly encourages you to maintain your own backup of your Content. In other words, bKindly is not a backup service. bKindly will not be liable to you for any modification, suspension, or discontinuation of the bKindly Services, or the loss of any Content.