Kindoo Acceptable Use Policy and Agreement

 

Last Modified: January 10, 2014

Thanks for using Kindoo.

PLEASE READ THESE TERMS CAREFULLY. BY USING THE KINDOO SERVICE, SIGHING UP FOR AN ACCOUNT OR PURCHASING CONSULTING SERVICES FROM US, YOU’RE AGREEING TO THE TERMS SET FORTH IN THIS DOCUMENT (THE “AUP”). THIS IS A LEGAL AGREEMENT.

This AUP is part of the Kindoo Terms of Service posted at www.getkindoo.com/terms and is governed by it. Where terms in this document are capitalized but do not have a definition provided, the definition is as set forth in the Kindoo Terms of Service.

1. ACCESS

a. Account

In order to access some features of the Service, you may have to register or create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information.

b. Password

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Kindoo’s losses or those of others due to such unauthorized use.

2. RESTRICTIONS

a. Content

You shall not (and shall not permit any Third-Party to) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Service, that:

· infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

· is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights

· is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, vulgar, pornographic, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate, as determined by Kindoo in its sole discretion; or

· contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Kindoo or any third party.

b. Use

Additionally, You shall not (directly or indirectly) or permit any third party to:

· interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;

· restrict or inhibit any other user from using and enjoying the Service;

· circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;

· use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way gather information, content or other materials from Services or reproduce or circumvent the navigational structure or presentation of Services;

· decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;

· impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity;

· use any of Kindoo’s Confidential Information to create any software, documentation or service that is similar to the Services or any documentation provided in connection therewith;

· modify, translate, or otherwise create derivative works of any part of the Services;

· copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Kindoo or the respective licensors of the content.

· copy, license, sublicense, sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available the Services in any service bureau arrangement or otherwise for the benefit of any third party without the prior written consent of Kindoo.

c. Rights

Kindoo and its licensors reserve all rights not expressly granted in and to the Service and the content. Kindoo, the Kindoo logos, and other marks that we use from time to time are our trademarks and you may not use them without our prior written permission.

d. Laws

You shall abide by all applicable local, state, national and international laws and regulations, including, without limitation, any export control laws or regulations of the United States of America or any other relevant jurisdiction. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.

e. Sensitive Information

“Sensitive Information” means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards. You agree not to use the Service to collect, manage or process Sensitive Information. We will not have any liability that may result from your use of the Service to collect or manage Sensitive Information.

f. Humans Only

You must be a human. Access to the Services by “bots” or other automated methods is not permitted.

3. MONITORING

We have no obligation to monitor the Service. However, you acknowledge and agree that we have the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of this AUP.

4. YOUR CONTENT

a. User Content

As between the parties, you own and retain all rights to the User Content. This AUP does not grant us any ownership rights to User Content. You grant permission to us and our licensors to use the User Content only as necessary to provide the Service and Consulting Services to you. We will not use, or allow anyone else to use, User Content except as you direct. We will use User Content only in order to provide the Service to you and only as permitted by applicable law, this AUP, and the privacy policy posted on our web site (the “Privacy Policy”).

b. Personal Information

We will use all reasonable efforts to protect the confidentiality of certain personally identifiable information you submit to us (e.g., your address and credit card information submitted by you initially for the purpose subscribing to the Service) (“Personal Information”), in accordance with the Privacy Policy.

c. Non-Confidential Information

Content or communications you transmit to us that is not Personal Information or User Content, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Service or otherwise (collectively, “Submissions”), will be treated as non-confidential and nonproprietary.

d. Submissions

By providing any Submission, you (i) grant to Kindoo a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to this AUP; (ii) agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Kindoo the right to use the name that you submit in connection with such content.

e. Your Responsibilities

You shall be solely responsible for all User Content and any Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that User Content will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Service any content or other material that is contrary to any content guidelines we post on our web site, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

f. Authorization

You hereby authorize and grant to us a license to use, copy, transmit, distribute, store and cache messages and other content sent and received through your account, or the Service, to sublicense those rights to our third party providers only for so long as necessary to provide the Service to you, and to disclose the same as required or permitted under applicable law.

g. No Endorsements

We do not endorse any content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights. We reserve the right to remove content without prior notice. We reserve the right to decide whether your User Content violates this AUP for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a User’s account for submitting such material in violation of this AUP.

5. ADDITIONAL POLICIES

The following policies are applicable to all Users: