SoKind Registry
Terms and Conditions of Use

Revised 14 August 2013


By using SoKind, you agree to the following terms and conditions of use with the Center for Biological Diversity (the “Center”), the owner of SoKind. This User Agreement is effective upon acceptance by the user.

1. Scope

Before you may become a user of SoKind, you must read and accept all of the terms in this User Agreement and the SoKind Privacy Policy. By accepting this User Agreement, you agree that the terms of the User Agreement and Privacy Policy will apply whenever you use the SoKind site, any services provided, and any tools available for you to interact with the SoKind site and services.

2. Prohibited Use of SoKind

By using SoKind’s site, services or tools, you agree you will not:

  • post inappropriate content or items or post content or items in inappropriate categories or in inappropriate areas on our site;
  • violate any laws, third party rights or our policies;
  • use our site, services or tools if you: a) are not competent to form legally binding contracts, b) are under the age of 18, c) have had your user account terminated for any reason, or d) have been suspended from using our site, services or tools for any reason;
  • post false, incomplete, misleading, defamatory, or libelous content;
  • transfer your SoKind account and User ID to another party without our consent;
  • use our site to distribute or post unsolicited, bulk electronic communications;
  • use the site to initiate viruses or any other programs or technologies that may harm the Center for Biological Diversity or the interests or property of SoKind users;
  • copy, modify or distribute rights or content from the SoKind site, services or tools or use any of SoKind’s copyrights and/or trademarks, or the copyrights and/or trademarks of others, without express authorization;
  • collect or use information about SoKind users, including email addresses, without the user’s express, written consent;
  • take any action that imposes or may impose (in the Center’s sole and absolute discretion) an unreasonable or disproportionately large load on the site infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the site without the prior express written permission of SoKind and the appropriate third party, as applicable; and/or
  • interfere or attempt to interfere with the proper working of the site, services or tools, or any activities conducted on or with the site, services or tools.

3. Restrictions of Use; Suspension or Termination

The Center and its users must work together to keep the SoKind site and services working properly and with due regard to the rights and well-being of others. Accordingly, by using the site, services or tools, you agree to report any offensive content, policy violations and/or general problems or concerns to us to be addressed.

In each instance where the Center determines, in its sole and absolute discretion, that users of the site, services and/or tools are: a) infringing upon the intellectual property rights of third parties; b) acting inconsistently with our policies and/or our terms and conditions of use (as they are applied by the Center from time to time); c) exposing the Center and/or its users to legal liability; or d) otherwise disrupting the intended use of the site, services or tools, the Center reserves the right to: 1) limit, suspend or terminate our service; 2) limit, suspend or terminate any individual user account(s); 3) prohibit access to our site and its content, services and tools; and 4) remove hosted content or delay posting of the same.

The Center also reserves the right, in its sole and absolute discretion, to expunge unverified accounts or inactive accounts. The Center reserves the right to modify or discontinue the Center site, the services and/or tools offered, at any time and from time to time, without restriction and in our sole and absolute discretion.

4. Grant of Rights to Posted Content

By accepting this User Agreement, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content you post to our site.

5. Waiver and Release of Liability

By accepting this User Agreement, you acknowledge and agree to the following:

This site acts as a facilitator for the registration of persons willing to give and/or receive gifts of experience, charity, time, homemade and green gifts rather than conventional purchase of items. The Center is not involved in the actual transactions between givers and receivers. As a result, the Center has no control over the quality, safety or legality of the services or items listed by givers, the truth or accuracy of the listings, the ability of givers to provide the services or items, or the ability of receivers to receive the services or items. The Center cannot and does not control whether or not givers will or can complete the delivery of services or items they offer or whether receivers will or can complete the delivery of services or items they have requested. You understand that the Center does not transfer legal ownership of items from the giver to the receiver. Further, you understand the Center cannot guarantee continuous or secure access to the SoKind site, services or tools, and operation of the site, services or tools may be interfered with by numerous factors outside of the Center’s control. You understand that, to the extent legally permitted, the Center excludes all implied warranties, terms and conditions. You understand the Center will not be liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the SoKind site, services and tools.

You understand that the Center will not be responsible for any services or items sold on the site, for any damage to items during transit or during any inspection period, nor for any misrepresentations and/or breaches of contract by either givers and/or receivers. You understand the Center will not be responsible for the cost of procurement of substitute services or items or any losses resulting from any services or items received or obtained by you using the SoKind site. You understand the Center assumes no liability for the content of the listings on the SoKind site. Further, by using the SoKind site, you acknowledge that there are risks of dealing with foreign nationals, underage persons or people acting under false pretenses.

By accepting this User Agreement with knowledge of the foregoing, you, on behalf of yourself and on behalf of (as applicable) your officers, employees, agents, beneficiaries, representatives, heirs, successors and/or assigns hereby waive and release the Center and its directors, officers, employees, agents, attorneys, beneficiaries, representatives, successors and/or assigns from any and all claims, demands, actions, or causes of action of any nature whatsoever resulting from, respecting or arising out of all matters related to the SoKind site, the services provided through the SoKind site and any tools made available to you through the SoKind site.

6. Indemnification

By accepting this User Agreement, you, on behalf of yourself and on behalf of (as applicable) your officers, employees, agents, beneficiaries, representatives, heirs, successors and/or assigns agree to hold the Center and its directors, officers, employees, agents, attorneys, beneficiaries, representatives, successors and/or assigns harmless from any and all claims, demands, actions, or causes of action of any nature whatsoever, including actual amounts of attorneys’ fees incurred, made by any third party due to or arising out of your breach of the terms and conditions stated in this User Agreement, or which result from your violation of any law or duties owed to third parties.

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Third Party Payment Services

The SoKind site provides links and interfaces to third party payment services, such as PayPal.com, which permit gift givers to send funds to individuals registered with the SoKind site. You acknowledge that while the SoKind site provides links to these third party payment services, the Center does not control and is not responsible for payments made or received through these services. Any use of third party payment services by you will be subject to the fees, terms and conditions of such third party payment services, and at your own risk.

Gift givers acknowledge that they are submitting payment directly to the registered couple or couple's representative (via third party payment service or any other payment method) and therefore the Center cannot be responsible for lost payments, identity theft, fraud or refunds.

7. Fees

By accepting the terms of this User Agreement, you agree to pay all fees and applicable taxes associated with the site and services when due and by a valid method of payment. Unless otherwise stated, all fees are quoted in U.S. Dollars. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. SoKind reserves the right to change the fees at any time in its sole discretion, provided that such changes will not apply to fees or charges paid prior to the time of the change. The Service is billed in advance on a yearly basis and is non-refundable. By your acceptance of the terms of this User Agreement, you hereby authorize SoKind to charge any accounts provided to SoKind or others using SoKind services, in the amount of all amounts due SoKind.

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Third Party Payment Services

SoKind provides links and interfaces to third party payment services, such as PayPal.com, which permit gift givers to send funds to individuals registered with SoKind. You acknowledge that while SoKind provides links to these third party payment services, SoKind does not control and is not responsible for payments made or received through these services. Any use of third party payment services by you will be subject to the fees, terms and conditions of such third party payment services, and at your own risk.

Gift givers acknowledge that they are submitting payment directly to the registered couple or couple's representative (via third party payment service or any other payment method) and therefore SoKind cannot be responsible for lost payments, identity theft, fraud or refunds.

7. Collection of Personal Information

We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website (including your IP address, approximate geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information that you provide to us when registering with this website (including your email address);

(c) information that you provide to us when using the services on this website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);

(d) information contained in or relating to any communication that you send to us or send through this website (including the communication content associated with the communication); and

(e) any other personal information that you choose to send to us.

Our website uses cookies to remember certain information about users. Cookies are electronic identifiers that our server sends to your web browser. Your web browser stores these identifiers and sends them back to our server when your browser requests a page from the server. The cookies stored in your browser help us provide a better experience by showing us how users are interacting with our site and to remove the need to login to do multiple actions on the website.

You may at any time disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use this website. However, you may not be able to use all features on our website if you disable or refuse to accept cookies.

How we use your personal information

Personal information we collect will be used for the purposes specified in this policy or on the relevant pages of our website.

We maintain one or more databases to store your personal data and may keep such information indefinitely. For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), users in the European Union and European Economic Area and Switzerland also have the right to:

  • Restrict or erase: You can ask us to limit our use of your information or ask us to delete your personal information from our records if there is no compelling reason for us to hold on to it.
 
  • Object: You can object, on legitimate grounds, to the processing of your personal information, including direct marketing and profiling.
 
  • Access or take your data: You can ask us to confirm whether we are processing your personal information. You can also make a reasonable request for a copy of that information or to have it transferred to another data controller (to the extent possible).
 
  • Complain: You can complain to your country’s data protection authority.

Please note that where we rely on your consent to use your personal information, all users worldwide have the right to withdraw that consent at any time. This includes the option to unsubscribe from our email list at any time or to contact us to request to be excluded from our online campaign promotion lists or text messaging.

Requests for opt-out can be readily made to our members services division at (520) 623.5252, ext. 323, by email at membership@biologicaldiversity.org, or by postal mail at: “The Center”, Attn: Membership, P.O. Box 710, Tucson, AZ 85702-0710.

We may disclose your personal information:

(a) to any of our (including the Center for Biological Diversity’s) employees, officers, insurers, consultants, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy;

(b) to the extent that we are required to do so by law;

(c) in connection with any ongoing or prospective legal proceedings;

(d) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Read about the Center’s adherence to nationally established guidelines for sharing member and supporter information with third-parties on the Center’s Members Privacy Policy.

8. Notices

Legal notices shall be served on the Center by service upon its duly authorized, registered agent. Legal notices shall be served on you by delivery to the email address you provide to the Center during the site access registration process. Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, the Center may give you legal notice by mail to the address provided during the site access registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

9. Entire Agreement

By accepting this User Agreement you agree that this agreement contains the entire understanding of you and the Center with respect to the subject matter contained herein, and there are no other agreements or understandings, written or oral, in effect between you and the Center relating to the subject matter hereof. You also agree this User Agreement supersedes all prior agreements and understandings between you and the Center with respect to its subject matter.

If you have any questions about our Privacy Policy, this website, or the information we have collected from you online, please contact the Center’s Membership Services at (520) 623.5252, ext. 323, by email at membership@biologicaldiversity.org, or by postal mail at: “The Center”, Attn: Membership, P.O. Box 710, Tucson, AZ 85702-0710.