Kindspark Terms of Use

Privacy

Your privacy is very important to us and we have designed our Kindspark privacy policy with that in mind. We encourage you to read and use it to help you make informed decisions.

Kindspark is an online platform

Kindspark is an online platform that connects members of its online community who have something to give away to other members who express need for the item. Though Kindspark provides details and suggestions to members on how to complete the “giving” and “receiving” process, it has no control over the quality, safety, accuracy or legality of the items posted on its website. Kindspark does not guarantee the ability of owners to give away items.

Kindspark cannot guarantee the true identity, age, or nationality of a user. We encourage you to communicate directly with members through the tools available on our website. You agree that Kindspark is only a venue and therefore is not responsible or liable for any text, information, data usernames, graphics, images, profiles, items, links or other content posted by you or other users. You use Kindspark at your own risk, though we’d like to think there isn’t any such thing at all.

Interactions with other Kindspark members

Kindspark suggests you use caution when dealing with members. Kindspark shall not be held liable for interactions, meetings, delivery of items, item conditions, or any other interaction between members found on the Kindspark website. Any agreement you make via the Kindspark website is strictly between you and the other member(s). You agree that Kindspark is not responsible for any damage or loss resulting from such interactions. Kindspark is under no obligation to become involved in disputes between website members. In the event of a dispute, you agree to hold Kindspark, its officers, employees, successors, partners and contributors not liable for damages of any kind.

Joining Kindspark

Registration is not required to access the Kindspark website. If you choose to register as a member of the Kindspark online community, you must submit a valid email address. You will use Facebook as your login and you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use. You agree to notify Kindspark immediately of any unauthorized use of your account. Kindspark reserves the right to refuse service or access to the website to any user or to delete accounts of users who submit inappropriate logins, photographs, or content, or uses the personally identifiable information or likeness of another person.

Prohibited Activities

We want Kindspark to be a positive, fun, and safe community both online and offline. To make sure this happens, you agree to not engage in any of the following activities:

  • Spam or otherwise contact users with unsolicited advertising messages.
  • Contact anyone who has not asked to be contacted.
  • Collect or store information about users for commercial purposes.
  • Harass, stalk or threaten another member in any way.
  • Advertise any illegal services or the sale of any item prohibited by applicable law.
  • Display sexually explicit material of any kind.
  • Post content that is harmful to minors.
  • Post content in an irrelevant category or city.
  • Encourage another member to engage in any activity that breaks the law or may cause injury.
  • Post content that infringes upon copyrights, trademarks, patents or other proprietary rights.
  • Post content that has personally identifiable information about another member without their consent.
  • Transmit viruses or other material designed to disrupt computer hardware or software functionality.
  • Impersonate another person or misrepresent your affiliation with another person or entity.
  • Post false or misleading information.
  • Use automated means like spiders, robots, crawlers or data-mining tools to download data from the website.
  • Attempt to gain unauthorized access to the Kindspark computer systems or network or engage in any activity that diminishes the functionality and service of the Kindspark website.

Your content

Kindspark does not claim any kind of ownership rights to your profile and item content. You agree to grant Kindspark the right to use any information or content you supply to Kindspark. You grant Kindspark a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights with respect to your content. You agree to allow Kindspark to store, reformat and display your content on its website in any way Kindspark chooses. Kindspark will only use personal information in accordance with our privacy policy.

Kindspark has the right to remove any content or information you post on its website. In most cases, this right will only be exercised when the content violates state or federal law or violates the rights of another person.

Your ideas and feedback

Kindspark loves to hear from its members. Though you’re under no obligation to offer them, feedback, ideas, suggestions and overall opinions, they are greatly valued as they help Kindspark maintain and improve its mission and goals. Please know we may use your ideas and feedback without any obligation to compensate you for them.

Information control

Kindspark does not control the information or content that is provided by members and made available to you. Kindspark does its best to keep offensive, harmful, inaccurate or deceptive information from its website. But we cannot guarantee it won’t happen. You agree to accept all such risks and that Kindspark, its officers, employees, successors, partners and contributors are not responsible for any and all acts or omissions of members on Kindspark. We firmly suggest you always use common sense and caution and to exercise safe practices when it comes to interactions, online and offline, with other members.

Copyrights and trademarks

You will not use our copyrights or trademarks (including name, logo and artwork) or any similar marks without our written permission.

Karma

It’s free to join Kindspark. However, members will receive “Karma Points” when you successfully give your offered item away to another member. Karma points indicate the amount of activity of a member (i.e. items they have given away) and may be taken into consideration when selecting applicants for your posted item on Kindspark. You are not obligated to base any actions on another member’s “Karma Points”. Your selection of an applicant for your item is your decision and can be made for any reason you have for making it.

Breach

Any member suspected of violating this agreement may have their account terminated or suspended without notice or warning.

No warranty

KINDSPARK OFFICERS, EMPLOYEES, SUCCESSORS, PARTNERS AND CONTRIBUTORS PROVIDE THE KINDSPARK WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY ITEM WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KINDSPARK, ITS OFFICERS, EMPLOYEES, SUCCESSORS, PARTNERS AND CONTRIBUTORS SPECIFICALLY DISCLAIM ANY IMPLIED ITEM WARRANTIES OF TITLE, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KINDSPARK SHALL CREATE ANY KIND OF ITEM WARRANTY OR CONDITION. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR ITEM CONDITION, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.)

Liability limit

IN NO EVENT SHALL KINDSPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND CONTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, KINDSPARK’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU OR ITEMS.

KINDSPARKS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KRRB'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KRRB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD KINDSPARK AND (AS APPLICABLE) KINDSPARK’S OFFICERS, EMPLOYEES, PARTNERS AND CONTRIBUTORS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No guarantee

Kindspark does not guarantee continuous, uninterrupted access to its website, and operation of the website may be interfered with by numerous factors outside Kindspark’s control.

Service

Kindspark reserves the right to modify or terminate the Kindspark service for any reason, without notice, at any time. Kindspark reserves the right to alter these Terms of Use or other website policies at any time, so please review the policies frequently.

Legal compliance and taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of this website and, your posted items, item transactions, posting of offers to give or receive, and giving or receiving of items. In addition, you shall be responsible for paying any and all taxes applicable to any items you receive via this website.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No agency

You and Kindspark are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Choice of law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.

Notices

Except as explicitly stated otherwise, any notices given to Kindspark shall be given by postal mail to Kindspark; 1208 Ynez Avenue; Redondo Beach, CA 90277. Any notices given to you shall be given to the email address you provide to Kindspark and notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

The services hereunder are offered by Kindspark, LLC located at 1208 Ynez Avenue; Redondo Beach, CA 90277