Creative Kindness Terms of Use
The services are provided by The Creative Kindness Foundation (hereinafter referred to as “Creative Kindness”), an Arizona Creative Kindness Foundation is an Arizona nonprofit corporation located at 1495 E Baseline Rd. Suite 102, Gilbert AZ, 85233.
These terms and conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. Please read them carefully.
ACCESS AND USE OF THE SERVICES
These general terms and conditions of use ("General Terms and Conditions of Use") shall govern the use of the website www.Creativekindness.org and related platforms and applications ("Website"), which belong to Creative Kindness®. The purpose is to provide information about the activity of the Company and enable the use of the services offered by Creative Kindness (“Service” or “Services”) and the viewing, creation, and storage of different types of online content.
By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the Website or its contents.
Some of the above-mentioned Services may be subject to specific conditions established at any time. From here forward, such conditions, or any other specific conditions for the Services offered on the website at any time, shall be referred to as "Specific Conditions".
In addition, Creative Kindness informs the Users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. If the User does not want to agree to any changes made, the User should stop using the Service, because by continuing to use the Services the User indicates their agreement to be bound by the effective terms at the time of use.
The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly and to comply with any given applicable regulation.
Prohibited User Conduct
Prohibited activities while using the Service, you agree not to engage in any of the following prohibited activities: a) Use, display, mirror, or frame the Service, any individual element within the Service, the Creative Kindness® name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without Creative Kindness’s express written consent.
b) Access the Service by any means other than through interfaces provided by Creative Kindness and as otherwise expressly authorized under these Terms of Service.
c) Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Creative Kindness or any of our providers or any other third party (including another user) to protect the Service.
e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by
Creative Kindness® or other generally available third party web browsers or search engines.
g) Post or share any unsolicited or unauthorized spam, advertising messages, promotional materials, or other forms of solicitation on the www.Creativekindness.org website.
h) Use any meta tags or other hidden text or metadata utilizing the Service or a Creative Kindness trademark, logo, or URL without the express written consent of the Creative Kindness Foundation.
i) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your Creative Kindness® account) or your access to or use of the Service.
k) Collect or store any personally identifiable information from other persons of the Service without their express permission.
l) Stalk or otherwise harass another person or entity.
m) Impersonate or misrepresent your affiliation with any person or entity.
n) Violate any applicable law or regulation.
o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your Creative Kindness Account.
p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
q) Post defamatory or insulting content, either directly or indirectly, about any individual or entity, including in private posts and Private Messages.
r) Use racist language, defamatory language, provoking language, or profanity of any kind in any public or non-public User-generated content.
s) Post or upload copyrighted material or any other intellectual property that does not belong to you, or has not secured requisite licenses or use waivers, or that is not of your creation.
t) Copy information from the Website and use it for publication on other websites or print media.
u) Use the Website to advertise, sell, or trade products and services.
v) Post or uploaded any content which contains profanity, pornography, sexually suggestive, or inappropriate content of any kind.
w) Resolving disputes with Users in venues other than Private Message (PM) or email; dispute resolution between members is forbidden in publicly viewable areas of the Website.
x) In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Services, Contents or www.Creativekindness.org website.
Privacy Policy
When the User provides personal data to Creative Kindness® either, during navigation, using the Services, or making inquiries, the Privacy Policy shall apply, which must be previously read and accepted by the User. View the full Privacy Policy.
Intellectual Property
All Website contents other than User Content (including but not limited to databases, text, images, videos, photographs, copyrights, and patents) are the property of Creative Kindness or its content providers, in which case those contents have been licensed to the Creative Kindness Foundation. Creative Kindness is protected by United States law governing intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by Creative Kindness and is protected by the applicable laws governing intellectual property.
All the software utilized for the use and development of the Services is the property of Creative Kindness or its software providers and is protected by the laws governing intellectual property.
All labels, distinguishing symbols or logos that appear on the Services are the property of Creative Kindness. The Creative Kindness distinguishing symbols or labels, distinguishing symbols or logos that appear are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.
All texts, graphs, drawings, videos or audio supports are the property of Creative Kindness or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.
The fact that Creative Kindness makes available to Users intellectual property owned by Creative Kindness or its content providers that appear in the Services, does not indicate the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.
It is strictly prohibited to use the contents of the Services without the authorization of Creative Kindness or the rights holder if Creative Kindness is not the rights holder. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of Creative Kindness’s intellectual property rights, or the intellectual property rights of the right’s holder, and subjects the violator to punishments according to applicable laws.
User Content
The User accepts that the Services may display content provided by others that is not owned by Creative Kindness®. Such content is the sole responsibility of the person or entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Creative Kindness is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use Content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
Users acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, Creative Kindness may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. Creative Kindness reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that Creative Kindnesshas no obligation to monitor or review any content submitted to the Services.
You grant Creative Kindness the right to use, as it sees fit, your User-generated content, including uploaded projects, images, videos, text, tips, posts, reviews, and any other User-generated content on any site owned, operated, or utilized by Creative Kindness in the performance of its duties. You agree that your User-generated content, in whatever form, may be used in Creative Kindness marketing materials and efforts in perpetuity, without compensation or attribution to you, even after such content may have been removed from the Website, for whatever reason, at whatever time, and by whatever party.
Links To and Content Shared With Third Parties
Creative Kindness may embed Content, including User-generated content, on third-party web pages or platforms, and publish links in its Services to Internet websites maintained by third parties. Creative Kindness assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that Creative Kindness supports, promotes, guarantees or recommends the linked websites or platforms.
DISCLAIMER OF WARRANTIES
The following disclaimer applies to our Services: In consideration of the free-of-charge nature of our services, and to the full extent permissible by applicable law, Creative Kindness and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, partners, licensors, and all owners of the content (collectively, the “Creative Kindness parties”) disclaim all warranties, express or implied.
You expressly agree that your use of the service is at your own risk. We reserve the right to restrict or terminate your access to the Service or any feature or part thereof at any time if your use of the service breaches any law, or breaches and/or damages any third party or any third party’s rights, or for any other reason. Creative Kindness assumes no responsibility for the deletion, mis-delivery, or failure to store or transfer any content or personalization settings.
Users acknowledge that use of the services relies on features which are not under the reasonable control of Creative Kindness such as the correct performance of the Internet, telecommunication networks, or other systems which are not under the reasonable control of Creative Kindness In consideration of this, the Creative Kindness parties do not warrant that (i) use of the service or the Content will be uninterrupted or error-free, since interruptions or errors may be caused by communication resources outside the control of Creative Kindness ii) that defects in the service or the content will be corrected; (iii) that the Service or Contents will be free of viruses or other harmful components; or (iv) that any descriptions of the Service or the Content are accurate, reliable, current or complete.
Accessibility
You understand that we make every attempt to make the Creativekindness.org website accessible to users with disabilities and continually work to improve the site. You can read more about our efforts on our Accessibility Statement page. If you wish to make a suggestion for how we might improve Creativekindness.org please contact our accessibility partner Scrapbook.com via a dedicated accessibility phone line at 1 (855) 625-1162 or via a dedicated email address accessibility@scrapbook.com. We would love to hear from you. We have integrated tools to facilitate access and usability to persons with disabilities. You can learn more here. If you wish to register a formal complaint about the website's usability for the disabled, you agree to submit your complaint to our legal department by mailing a signed, certified letter to Creative Kindness, c/o Legal Dept, 1495 E. Baseline Rd., Suite 102, Gilbert, AZ 85233.
Limitation of Liability
You understand and agree that the Creative Kindness® parties will not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if Creative Kindness been advised of the possibility of such damages), resulting from your use or access of, or inability to use or access, the Service or the Content.
Considering the real-time nature of the Services, it is impossible for Creative Kindness to review all messages and all images or confirm the validity of information posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any User-generated content, and are not responsible for the contents of any User-generated content. User-generated content expresses the views of the User, and not necessarily the views of Creative Kindness or any entity associated with such. Any User who feels that User-generated content is objectionable or inappropriate is encouraged to contact us immediately. The ability to remove objectionable messages and suspend Users is a manual process, and we may not be able to remove or edit Content deemed illegal or offensive immediately. We reserve the right to delete any User-generated content for any or no reason whatsoever. Users remain solely responsible for their content, and you agree to indemnify and hold harmless Creative Kindness for exposure to any User-generated content to which you are exposed at the Website. Creative Kindness reserves the right to reveal your personally identifying information to legal authorities in the event of a reasonable suspicion of illegal activity.
Suspension of Access
Please report problems and policy violations to us. We reserve the right, but have no obligation, to remove any Content from the Service at any time at our discretion.
In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and Creative Kindness Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
Users who do not comply with the Terms and Conditions may be banned from Services indefinitely without warning. When a member is banned, all PM's (private messages) and User-generated content may be deleted permanently. Creative Kindness will not remove historical Content uploaded or posted by banned members unless Creative Kindness deems appropriate or necessary. Individuals who have been banned may submit a statement to be considered for re-access to Services. If you have been banned and would like to submit a request for reinstatement, please make a request at support@creativekindness.org. Requests approved for reauthorization will be reinstated at the sole discretion and timing of Creative Kindness.
INDEMNITY
You agree to indemnify and hold the Creative Kindness Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
Applicable Law and Jurisdiction
The access to and use of the Services shall be governed and construed in accordance with the federal laws of the United States and the laws of the State of Arizona.
By using the creativekindess.org website you agree that any disputes or legal matters that may arise between Creative Kindness and you shall be resolved in the jurisdiction and courts of Maricopa County, Arizona pursuant to the laws of Arizona and you agree that you understand this notification and will not pursue any legal action against Creative Kindness, its parents, its subsidiaries, officers, directors, employees, or agents, except with courts having jurisdiction and venue in Maricopa County, Arizona. To this end, you agree to renounce your own jurisdiction and submit to the jurisdiction of the courts of the State of Arizona.
Disputes
Any dispute or claim you may have which in any way relates to your use of the creativekindness.org website, its services, from Creative Kindness will be resolved by binding arbitration. Courts will not be used to resolve disputes or claims, except small claims court if your claims quality and you assert those claims in that court.
Arbitration does not use a judge or jury. Court reviews of arbitration awards are limited. Arbitrators can, however, award on individual basis damages and relief the same as a court. These reliefs and damages include injunctive or declaratory relief as well as statutory damages, and they must follow the terms set forth here just as would a court.
To commence an arbitration proceeding, you must mail a letter describing your claim, with a request for arbitration, to our registered agent at DG Service Corp, Attn: Charles E. Davis, 40 E. Rio Salado Pkwy Ste 425, Tempe, AZ 85281, USA. The American Arbitration Association (AAA) will conduct the arbitration under its rules. These rules will include the AAA Supplementary Procedures for Consumer-Related Disputes. All payment of any fees will be governed by AAA rules.
You and Creativekindness.org each agree that dispute resolution proceedings will not be conducted in a class, consolidated or representative action, only on an individual basis. Should a claim end up in court, you and Creativekindness.org each agree to waive any right to a jury trial. You and Creative Kindness.org agree that we have the right to bring suits in court in order to enjoin infringement or other violations of intellectual property rights.
