Terms and Conditions of Use
Revised 14 August 2013
Welcome to SoKind. By using SoKind, you agree to the following terms and conditions of use with New Dream, the owner of SoKind (the “User Agreement”). This User Agreement is effective upon acceptance by the user.
2. Prohibited Use of SoKind
By using SoKind’s site, services or tools, you agree you will not:
3. Restrictions of Use; Suspension or Termination
SoKind and its users must work together to keep the site and services working properly and with due regard to the rights and well-being of others. Accordingly, by using our 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 SoKind 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 SoKind from time to time); c) exposing SoKind and/or its users to legal liability; or d) otherwise disrupting the intended use of the site, services or tools, SoKind 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.
SoKind also reserves the right, in its sole and absolute discretion, to expunge unverified accounts or inactive accounts. SoKind reserves the right to modify or discontinue the SoKind 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. SoKind is not involved in the actual transactions between givers and receivers. As a result, SoKind 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. SoKind 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 SoKind does not transfer legal ownership of items from the giver to the receiver. Further, you understand SoKind 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 SoKind’s control. You understand that, to the extent legally permitted, SoKind excludes all implied warranties, terms and conditions. You understand SoKind 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 SoKind 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 SoKind 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 SoKind 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 SoKind 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.
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 SoKind 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.
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.
SoKind will protect the information you share with it. SoKind will not sell or give away your name, mail address, phone number, email address or any other information to anyone. SoKind will endeavor to use the latest security measures to protect your information from unauthorized users. SoKind will inform you when SoKind seeks to obtain information that personally identifies you (“Personal Information”) or allows SoKind to contact you. Your Personal Information may be used by SoKind to: a) process and activate your access to the site, services and tools; b) identify you; c) help us provide customer support for your access and use of the site, services and tools; d) alert you to upgrades, special offers, updated information and other new services from SoKind. SoKind will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time through access provided on the site.
8. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Legal notices shall be served on SoKind by service upon its duly authorized, registered agent. Legal notices shall be served on you by delivery to the email address you provide to SoKind 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, SoKind 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.
10. Entire Agreement
By accepting this User Agreement you agree that this agreement contains the entire understanding of you and SoKind with respect to the subject matter contained herein, and there are no other agreements or understandings, written or oral, in effect between you and SoKind relating to the subject matter hereof. You also agree this User Agreement supersedes all prior agreements and understandings between you and SoKind with respect to its subject matter.
11. Applicable Law
This User Agreement shall be governed by the laws of the Commonwealth of Virginia, excluding its conflict of laws principles. By accepting this User Agreement, you agree all claims made by or on behalf of you against SoKind will be made solely and exclusively in the Circuit Court for the City of Charlottesville, Virginia.