April 27, 2019
Welcome to Kindredpix.com
By using our sites, apps, or services such use constitutes your agreement to these terms. We may revise these terms from time to time by posting a revised version on our website and notifying you. If you continue to use our services after we adopt such changes, your use will constitute acceptance of these changes.
Collection and use of information
Kindred may collect, store, and use the following types of information from you:
· Age restriction. If you are not at least 13, your parent our guardian must have a Kindred account and give their consent that you may have an account and that they will be made the administrator of the account.
Your use of Kindred services
· You may access and use our site, apps, and services solely for your personal, noncommercial use. Our sites, apps and services may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose.
· While using our site, apps, or services, you agree not to:
Ø Defame, abuse, harass, threaten or otherwise violate the rights of others, including, without limitation, others' privacy rights or rights of publicity;
Ø Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
Ø Restrict or inhibit any other user from using our site, apps, or services, including, without limitation, by means of "hacking" or defacing any portion our site, apps, or services;
Ø Violate any applicable laws or regulations;
Ø Upload to, transmit through, or display on any of our site, apps, or services (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
Ø Engage in spamming;
Ø Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
Ø Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our site, apps, or services; and
Ø Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our site, apps, and services.
Kindred will not disclose your information to advertisers or any third-parties unrelated to Kindred without your prior approval. We may share your information or materials as follows:
· Parties working for Kindred. We may use certain third parties to help us provide, improve, protect, and promote our services, but they will access your information only to perform tasks necessary to provide the services we provide to you. Some of these parties may be located outside the United States of America (“USA”).
· Other Kindred users. Our services may display information about you, such as your name and email address to other users in your profile and sharing notifications.
· Compliance with laws. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with legal requirements, (b) protect any person from death or serious bodily injury, (c) prevent fraud or abuse of Kindred or our users; or (d) protect our legal rights.
· Kindred is committed to protecting your information and we continue to work on features to keep your information secure.
· We'll retain information you store on our services for as long as we need it to provide you services. If you delete your account, we'll also delete this information. However, please note: (1) there might be some delay in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
Before using any of our mobile apps, your must install a valid copy of the app on your mobile device, register for an account, input your account information into the app as requested, and satisfy certain hardware and connection requirements which may change as the app evolves.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING[L1] , WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY.
These terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Santa Clara, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these terms, and the remainder of these terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect.
We may terminate your access to our services without prior notice if you violate these terms. Upon termination for any reason, your right to access and/or use our sites and apps will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any materials submitted by you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our sites and apps and to your account and/or as a result of the deletion of any information, files or materials in or related to your account.
If we are involved in a reorganization, merger, acquisition or sale of our assets, your information and materials may be transferred as part of such transaction.