KINDLEJOY.COM USER TERMS AND CONDITIONS
PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Last Update: November 7, 2007
The following constitute the terms of Terms and Conditions ("Terms and Conditions") between you ("you", "your", "purchaser") and Curious Ventures, LLC (referred to as the "Company," "we," or "us") with respect to your use of this web site at www.kindlejoy.com ("Site"). The Company operates this Site as on-line information sharing and community-based prayer and faith-based social networking site including all text, surveys, prayers, audio-visual works, communications, content, information, prayer forum communications, materials, documents, products, software, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content").
By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
1. Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment, product, course of action, therapy, practice or other type of services offered by medical or healthcare providers.
THE SITE DOES NOT ESPOUSE OR ENDORSE ANY SPECIFIC RELIGION, BELIEF, ORGANIZATION OR DENOMINATION THEREOF. NOTHING CONTAINED IN THE CONTENT OR THIS SITE IS INTENDED TO CONSTITUTE RELIGIOUS ADVICE, TEACHINGS, PERSONAL OR SPIRITUAL COUNSELING OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY PERSON, GROUP OR ORGANIZATION.
Curious Ventures, LLC does not endorse or warrant any product, service or Content contained in this Site.
You agree that by using this Site, you will assume sole responsibility to exercise your own judgment when participating in any activity, relying on any Content, or otherwise engaging with other users in any prayer forum communities, and we disclaim all responsibility for any advice, suggestions, courses of action, counseling, instruction or Content provided on this Site, including without limitation, Content provided to you by other users. Further, you should not rely upon claims of qualifications, ordainment, or other authoritative assertions made by other users.
ADDITIONALLY, ANY CONTENT PROVIDED BY US OR BY ANY THEOLOGICAL LEADER OR RELIGIOUS PRACTITIONER FEATURED BY US VIA ARTICLES, AUDIO, VIDEO OR GROUP-LED PRAYERS OR MEDITATIONS ARE PURELY FOR INFORMATIONAL PURPOSES. YOUR COMMUNICATIONS TO OTHER USERS MAY NOT BE PRIVATE OR BED MADE UNDER THE SAME LEVEL OF CONFIDENCE AS YOU WOULD EXPECT BETWEEN YOU AND A PRIEST, PREACHER OR SIMILAR SPIRITUAL LEADER.
3. Ownership. You acknowledge that all materials, text, entries, prayers, communications, content, information, prayer forum contributions, materials and diaries provided by or contributed by you on this Site (collectively, the "User Generated Content") as well as the Content shall be owned by the user who creates it. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. As a condition of using this Site, and except as otherwise provided for "Private User Generated Content" described herein, you hereby license to Curious Ventures, LLC, an unlimited, irrevocable, non-exclusive, worldwide, perpetual, royalty-free right and license to use, modify, display, broadcast, copy, exploit, make derivative works from, sub-license (through multiple tiers) and otherwise distribute the User Generated Content. Your access and use of this Site shall be construed as sufficient consideration for such license. The foregoing license rights shall not apply to User Generated Content posted to this Site by you which violates or infringes upon third party intellectual property, trade secrets or privacy rights and such license shall be void as a matter of law.
4. License. We hereby grant you the right to view and use this Site in accordance with these Terms and Conditions. You may download and/or print a copy of the Content for your personal and non-commercial use only (the "Permitted Uses") provided the Content is not modified in any way and all copyright and other proprietary notices are kept intact. You agree to use the Content lawfully and only for the Permitted Uses. No other use of the Content is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
5. Trademarks. All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of Curious Ventures, LLC, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
6. Usage Rules.
We reserve the right to deny you access to any and all parts of this Site and terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
(a) Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for User Generated Content that is sent through your account to any "prayer" group or forum or any other part of the Site. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(b) Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information.
(c) Prohibition on Use by Minors Under The Age of 14. This Site is intended for an adult audience and CHILDREN UNDER THE AGE OF FOURTEEN ARE NOT PERMITTED TO SUBMIT ANY USER GENERATED CONTENT, PERSONAL DATA OR UNSOLICITED INFORMATION. ANY MINORS BETWEEN THE AGES OF 14 AND 18 SHALL BE DIRECTED TO A PORTION OF THE SITE WHICH WILL NOT ADMIT ADULTS. THE REAOSN FOR THIS RESTRICTION IS TO PROTECT MINORS FROM ADULT PREDATORS. IN CERTAIN CASES, SUBJECT TO THE SOLE DISCRETION OF CURIOUS VENTURES, LLC, ADULT GROUP LEADERS MAY BE PERMITTED TO HAVE LIMITED ACCESS TO YOUTH PRAYER FORUMS PROVIDED THAT SUCH PERSON IS: (1) ADMITTED BY UNANIMOUS AGREEMENT BY SUCH GROUP, AND (2) PROVIDES CURIOUS VENTURES, LLC WITH SOME WRITTEN PROOF OF ITS AFFILIATION WITH AND ENDORSEMENT BY A CHURCH OR YOUTH GROUP. IN ALL CASES, PERSONAL IDENTIFIABLE INFORMATION PERTAINING OF MINORS WILL NOT BE SHARED WITH ADULT GROUP LEADERS.
(d) No Monitoring of Prayer Forums. In order to promote a level of candor and trust, the prayer communities and forum discussions on this Site, in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that your User Generated Content will remain confidential or secure. Further, no statements made in the prayer communities and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such forum discussions as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any User Generated Content that you send to any prayer discussion group, at any time, for any reason, and without prior notice to you.
(e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
(f) Infringing User Generated Content. You shall not post or transmit any User Generated Content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(g) Interference with Other Users' Use. You shall not interfere with other users' use of the Site, including, without limitation, disrupting the normal flow of dialogue in a communities or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the prayer forums or discussions. Notwithstanding this, users can voluntarily form closed prayer forums, which are inaccessible by other users without violating this provision.
(h) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(i) Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
(j) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
7. No Review of Postings & Uploads. The Company does not and cannot review, and is therefore not responsible for, any User Generated Content posted or uploaded to the Site. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA OR PRAYER FORUM SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION.
8. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. As such, the infringement of others' intellectual property rights will not be tolerated and may result in the termination of the infringing party's account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content.
If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and
(g) Our agent may be contacted as follows: firstname.lastname@example.org
9. Data Back-up
We are not responsible for backing up your data or any User Generated Content or other type of data attributed to your participation in prayer forums or use of the Site. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER GENERATED CONTENT THAT YOU CONTRIBUTE TO THE SITE AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST USER GENERATED CONTENT, WHETHER YOUR OWN OR THAT BELONGING TO THIRD PARTIES.
10. Private User Generated Content
b. DISCLAIMER OF WARRANTIES. THIS SITE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information or User Generated Content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.
13. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THE COMPANY FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, OR YOUR USER GENERATED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
14. Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. User Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least 18 years old, but are over the age of 13, you may have a parent or guardian accept these terms on your behalf . You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
16. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between Curious Ventures, LLC and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
17. Notice. We may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U. S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Curious Ventures, LLC
13428 Maxella Avenue, #481
Marina del Rey, CA 90292
Attn: Legal Department
BY CLICKING "ACCEPT" YOU AGREE TO THESE TERMS AND CONDITIONS