Terms of Service
Last Updated: 1/19/18
Kindsouls & Co. (“Kindsouls” or “We”) provides the kindsouls mobile application, as well as other online products and services (we call these the "Services").
If We make changes to these Terms, We will provide notice by (1) updating the "Last Updated" date above or (2) if the changes are material and affect your rights or obligations, we will notify you in advance of the changes by reasonable means. If you continue to use the Services after the changes go into effect, this confirms your acceptance of and agreement to the changes.
You must be at least 13 years of age to use the Services or submit any information to Kindsouls. If you are between 13 and
18 years of age, you may only use the Services under the supervision of a parent or legal guardian
who agrees to be bound by these Terms.
By using the Services, you represent, warrant and agree:
(a) to maintain the security of your account by not sharing your password (if you have an account with a password) or other access credentials with others and restricting access to your account and your computer or mobile device;
(b) to promptly notify Kindsouls if you discover or otherwise suspect any security breaches related to the Services;
(c) to take responsibility for all activities that occur under your account and accept all risks of unauthorized access;
(d) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
(e) that you have never been convicted of a sex offense requiring registry as a sex offender with any state, federal or local sex offender registry; and
(f) that you understand that you are responsible for all data charges you incur by using the Services.
2. User Related Content
The Services allow you and other users to create, post, send and store content, including messages, text, photos, and other materials (we call these "User Content"). You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates our Community Guidelines, which we may update from time to time. Kindsouls has the right to delete or remove any User Content that We, in our sole discretion, view as in violation of these Terms or our Community Guidelines or for any other reason.
If you submit or post User Content to the Services, you grant Kindsouls a nonexclusive, transferable, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with Kindsoul’s marketing and promotional activities.
You agree that this license includes the right for Kindsouls to make User Content available to other companies, organizations
or individuals for the syndication, broadcast, distribution or publication on the Services or
on other media and services. You further grant Kindsouls the right to publicly display your (already
public) username in connection with User Content.
You understand that User Content may be displayed publicly. Kindsouls does not control, take responsibility for or assume
liability for any User Content or any loss or damage related to User Content.
You may only post User Content that (a) is non-confidential; (b) you have all necessary rights to post to the Services; (c) is accurate and not misleading and/or harmful in any manner; and (d) does not and will not violate these Terms or any applicable law, rule or regulation.
3. Acceptable use of Services
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Services and you use the Services at your own risk. You further agree not to:
o Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
o Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
o Attempt to indicate that you have a relationship with Kindsouls or that Kindsouls has endorsed you or any products or services;
o Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages;
o Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent
or limit access to any area, content or code of the Services (except as otherwise expressly permitted
o Use or attempt to use another’s account without authorization from such user and Kindsouls;
o Develop any third-party application that interacts with the Services without Kindsoul’s prior written consent;
o Use any automated means or interface not provided by Kindsouls to access the Services;
o Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates our Community Guidelines.
4. Copyright, Trademark and Limited License
The Kindsouls logos and any other product or service name or slogan contained in the Services are trademarks of Kindsouls
and its suppliers or licensors. Unless otherwise indicated, the Services and all content and
other materials on the Services, including, without limitation, the Kindsouls logo and all designs,
text, graphics, pictures, videos, information, data, software, sound files, other files (collectively,
the "Service Materials") as well as their selection and arrangement are the proprietary property
of Kindsouls or its licensors or users and are protected by U.S. and international copyright,
trademark and other laws. Except as explicitly stated in these Terms, Kindsouls does not grant
any express or implied rights to use Service Materials.
You are granted a limited, non-transferable and revocable license to access and use the Services and Service Materials for your personal, non-commercial use. This license is revocable at any time.
5. Third Party Content
The Services may include links and other content owned or operated by third parties, including advertisements and social "widgets" (we call these "Third-Party Content"). You agree that Kindsouls is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that Kindsouls terms and policies no longer govern and that the terms and policies of those third party sites or services will then apply.
6. Feedback and Other Submissions
Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Submissions"). You acknowledge and agree that Submissions are non-confidential and will become the sole property of Kindsouls. You agree to execute any documentation required by Kindsouls to confirm such assignment to Kindsouls.
7. Copyright Complaints
Kindsouls respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify Kindsoul’s Designated Agent.
Designated Agent: Omeed Tabiei
Address: 5333 Russell Avenue
Los Angeles, CA 90027
Telephone Number: (202) 812-4120
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Kindsouls or the alleged infringer as the result of Kindsoul’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
8. Interactions with Other Users
Kindsouls provides a platform for users to communicate and interact with one another. You are solely responsible for your interactions with others and Kindosuls has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.
9. I ndemnification
You agree to defend, indemnify and hold harmless Kindsouls, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Kindsouls Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KINDSOULS. KINDSOULS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. KINDSOULS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KINDSOULS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE KINDSOULS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, KINDSOULS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
11. Limitation of Liability
You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take any and all necessary precautions when interacting with other users.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINDSOULS OR THE KINDSOULS PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE SERVICE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM THE ONLINE OR OFFLINE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR PROPERTY DAMAGE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR USER CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KINDSOUL’S RECORDS, PROGRAMS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KINDSOULS OR THE KINDSOULS PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KINDSOULS FOR ACCESS TO OR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID EXPERTISE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Modification to the Services
Kindsouls reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services, without prior notice. You agree that Kindsouls will not be liable for any modification, suspension or discontinuance of the Services, or any part of the Services.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH KINDSOULS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KINDSOULS.
Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Kindsouls waive your respective rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in Los Angeles, California (or, alternatively, via telephone or video conference) before and in accordance with the rules of JAMS, which are available on the JAMS website . You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
YOU AND KINDSOULS AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND KINDSOULS AND THAT YOU AND KINDSOULS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
As limited by the Federal Arbitration Act, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You and Kindsouls agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Kindsouls must be sent to email@example.com.
14. Applicable Law and Venue
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration provision in Section 13 does not apply (if ever), you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Kindsouls reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Questions & Contact Information
Questions or comments about the Services may be directed to Kindsouls at firstname.lastname@example.org