Last Updated: September 15, 2023
You may register for an account on the Service (an “Account“). To use certain portions of the Service, you are not required to sign up for an Account. However, certain features of the Service, such as posting or submitting content, require you to register for an Account.
You are solely responsible for all of the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Service without their permission. You must notify us immediately of any change in your eligibility to use the Service (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account.
When you register for an Account, you must provide accurate and complete information and keep your Account information updated. You shall not: (i) choose a username that is the name of another person, with the intent to impersonate that person; (ii) choose a username that is subject to any rights of a person other than you without appropriate authorization; or (iii) choose a username that is otherwise offensive, vulgar or obscene.
For purposes of these Terms, the term “Content” includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Service by users (collectively “User Content“), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Service is or will continue to be accurate or available.
Intellectual Property Rights. The Service may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by all copyright or other legal notices, information, and restrictions contained in any Content accessed through the Service (“Protected Content”). The trademarks, logos, trade names, trade dress, and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Service are Trademarks of Partners in Kind and our third party partners. Nothing contained on the Service shall be construed as granting by implication or otherwise, any license or right to use any Protected Content or Trademarks displayed on the Service without the written permission of Partners in Kind or such third party that may own the Protected Content or Trademarks.
Any unauthorized commercial use of the Content or Trademarks will violate the intellectual property rights of Partners in Kind and/or third parties associated with Partners in Kind and will be subject to Partners in Kind’s and/or those third party’s full legal rights and remedies.
Use License. Subject to these Terms, we grant each user of the Service a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally Content, to the extent we hold such rights, solely for the user’s personal use of the Service. Use, reproduction, modification, distribution or storage of any Content for any other purpose is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
License Grant. By submitting User Content through the Service, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable, license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Service and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of Service (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), including after your termination of your Account or the Service. To the extent any User Content you submit includes any biographical information, including your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also grant each user of the Service a non-exclusive, perpetual license to access your User Content through the Service, including after your termination of your Account or the Service. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Service, you are waiving and agreeing not to assert any trademarks, copyrights, rights of publicity, or “moral” rights or claims resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content.
Unless prohibited by applicable law, upon request from Partners in Kind, you agree to execute and deliver any such additional documents that we deem reasonably necessary to establish our ability to use the User Content as we see fit and that “Moral Rights of Authors” are waived under these Terms. Should Partners in Kind fail to request any licenses or other documents, that shall not be deemed a waiver of Partner in Kind’s rights and we may request any such documents at a later time.
Availability of Content. We do not guarantee that any Content will be made available on Service. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Service.
Unsolicited Ideas and Materials. We do not seek any unsolicited ideas, materials, feedback, comments, or suggestions, including without limitation ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, pitches, outlines, treatments, screenplays, motion pictures, television shows, theatrical productions, recordings, articles, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed to be User Content and licensed to us as set forth above. In addition, we retain all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Our receipt of your Unsolicited Ideas and Materials is not an admission by Partners in Kind of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. If you choose to disregard this policy and submit Unsolicited Ideas and Materials regardless, you acknowledge that you shall not be entitled to any compensation, credit or notice whatsoever and that by sending Unsolicited Ideas and Materials you waive the right to make any claim against Partners in Kind, its parent or affiliated entities, relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that materials available on the Service infringe your copyright, you may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it.
Notices and counter-notices must be sent in writing to Partners in Kind’ DMCA agent as follows:
Partners In Kind DMCA Agent
345 Park Avenue
New York, NY 10154
You must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that are allegedly being infringed;
- Specific identification and description of each copyrighted work claimed to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;
- A description of where the material believed to be infringing is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) 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 that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
- You acknowledge that if you fail to provide substantially all of the information listed above, your notification may not be valid. Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion.
It is our policy to terminate the Accounts of repeat infringers.
THIRD PARTY SERVICES & EXTERNAL LINKS
The Service may show or direct you to listings, descriptions, and images of products or services offered by independent third parties, as well as promotions, coupons, or discounts for those products. We try to keep this content error-free, but Partners in Kind does not warrant that such content is accurate, complete, reliable, current, error-free, or comply with applicable laws.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO ANY TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.
The communications between you and us usually use electronic means, whether you access, visit or use the Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you: (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
You understand and agree that joining the Service or accessing Content available on or through the Service may include receiving certain communications from us, such as transactional or relationship messages, and that you may not be able to opt-out of receiving those messages without ceasing to be a registered user of the Service.
ACCEPTABLE USE POLICY
Subject to your compliance with these Terms, and unless we provide express written consent to use the Service for other purposes, we grant you permission to use the Service solely for your personal, family, and household use. Partners in Kind retains all right, title, and interest in and to the Service, including all Content and other material contained in or made available through the Service. You may not use any portion of the Service, except as expressly authorized in these Term.
You may not use the Service or its Content in any manner that could harm any person, property, Partners in Kind, its service providers or partners.
In addition, you agree not to:
- Use the Service, including any Content, in any way that may cause injury to any person or entity; is false or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of the Service; or promotes commercial activities and/or sales without our prior written consent.
- Use any materials that may be protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner or in any way that is otherwise unlawful.
- Upload or distribute any malicious computer code (for example, a virus, worm, Trojan horse, spyware) or other computer file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Interfere with, modify, or disrupt the operation of the Service, or the servers or networks used in connection with the Service.
- Impersonate any person, business, entity, or IP address (including, without limitation, by engaging in IP spoofing or by using email addresses or screen names associated with Partners in Kind or any of its subsidiaries);
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage other commercial activities, without our prior written consent;
- Gain or attempt to gain unauthorized access to the Service, including by reverse engineering or installing firmware not approved by Partners in Kind.
- Frame or mirror any portion of the Service (including any Content), or incorporate any portion of the Service into any other product or service without Partners in Kind’ express prior written consent.
- Alter, damage, or delete any content provided by Partners in Kind.
- Use any robot, spider, search/retrieval application or other manual or automatic device to systematically retrieve, index, “scrape,” “data mine” or otherwise gather data or content from the Service.
- Reproduce or circumvent the navigational structure or presentation of the Service, without Partners in Kind’ express prior written consent.
- Access (or attempt to access) the Service or any Content by any means other than through the interface provided by Partners in Kind; and
- Access the Service in order to build a similar or competitive service or product.
THE SERVICE AND ALL FEATURES, CONTENT, AND LINKS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SERVICE OR ANY OF THE FEATURES, CONTENT, AND LINKS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT OR FEATURES AVAILABLE THROUGH THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR NONINFRINGEMENT OF ANY CONTENT OR FEATURES AVAILABLE THROUGH THE SERVICE OR CONTENT, GOODS, OR SERVICES AVAILABLE THROUGH LINKS TO THIRD-PARTY SERVICES OR WEBSITES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE, INCLUDING ITS CONTENT. IF YOU RELY ON THE SERVICE AND ANY CONTENT OR FEATURES AVAILABLE THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE AND ANY CONTENT, INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE, OR FEATURES OR CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
LIMITATION OF LIABILITY
PARTNERS IN KIND AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN THE SERVICE OR ANY FEATURES OR CONTENT AVAILABLE THROUGH IT, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL PARTNERS IN KIND OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ITS FEATURES OR CONTENT IS LIMITED TO $100.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, hold harmless, and defend (only if requested) Partners in Kind and its directors, officers, employees, agents, representatives, partners, licensors, and affiliates against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that the indemnified parties may incur based on claims arising out of your use of the Service or violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request.
If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to Partners in Kind LLC 345 Park Avenue, New York, NY 10154. If Partners in Kind intends to seek arbitration, Partners in Kind will send Notice to the e-mail address associated with your Account. The Notice must describe the nature and basis of the Claim and the specific relief sought, all of which in sufficient detail to permit the other party to evaluate the Claim. If the parties cannot reach an agreement within sixty (60) days from the receipt of the Notice, either party may initiate arbitration proceedings. Absent the agreement of the parties after a demand for arbitration is made, neither the American Arbitration Association (“AAA”) nor JAMS will be permitted to administer any aspect of any arbitration relating to any Claim. The Federal Rules of Civil Procedure (the “FRCP”) and the Federal Rules of Evidence shall apply to and must be followed and enforced by the appointed arbitrator in any arbitration proceedings. If any of the rules or procedures of any arbitrator are different than or inconsistent with those required to be applied or followed under these Terms, then these Terms shall supersede and control, and must be followed as written. Each party will each pay the costs and fees for their respective attorneys’ prosecution or defense of any Claim being arbitrated, subject to any remedies to which either party may later be entitled under applicable law.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CHOICE OF LAW PRINCIPLES. UNLESS YOU AND PARTNERS IN KIND AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS PROVIDE THAT A CLAIM SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY CLAIM OR DISPUTE (WITH THE EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY LODGED IN ANY SMALL CLAIMS COURT) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE NORTHEASTERN DISTRICT OF NEW YORK, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE NORTHEASTERN DISTRICT OF NEW YORK FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF NEW YORK LOCATED IN DAVIDSON COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS. YOU AND PARTNERS IN KIND BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE. YOU ACKNOWLEDGE AND AGREE THAT EACH PARTY SHALL PAY THE FEES AND COSTS OF ITS OWN ATTORNEYS, EXPERTS, AND WITNESSES INCURRED IN CONNECTION WITH ANY ARBITRATION OR COURT PROCEEDING BETWEEN THE PARTIES NOTWITHSTANDING ANY PREVAILING PARTIES ATTORNEYS’ FEES PROVISION THAT MAY BE PART OF ANY STATUTE UNDER WHICH YOU MAY BRING A CLAIM.
THIS ARBITRATION AGREEMENT SHALL SURVIVE ANY TERMINATION OF THESE TERMS, AND ANY AMENDMENTS TO THIS ARBITRATION AGREEMENT SHALL BE PROSPECTIVE ONLY AND SHALL NOT AFFECT ANY PENDING CLAIM OR ARBITRATION PROCEEDING.
We reserve the right to modify or terminate the Service, these Terms, and any services offered through the Service at any time without notice, for any reason. The “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.
ADDITIONAL TERMS MAY APPLY
Depending on the Content or features included on the Service, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.
You irrevocably agree to bring any claim or dispute relating to your use of the Service and these Terms exclusively in the state and federal courts located in the State of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts.
Section titles and headings are for convenience only and have no legal or contractual effect. The failure of Partners in Kind to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.
CHANGES TO THE TERMS
We may change these Terms from time to time by posting an updated version on this webpage, or, if we determine that it is appropriate, we may provide other notice to you. Due to our commitment to transparency and accountability, we will keep archived (previous) versions of these Terms available on the Service, so that users can review what has changed.
Please email us at firstname.lastname@example.org with any questions you may have about these Terms.