Effective January 16, 2019
This website is operated by The Random Acts of Kindness Foundation, a 501(c)(3) nonprofit (“RAK,” “us,” “our,” or “we”). We encourage our and users to behave with kindness and respect when using our website (which includes any website on which these Terms of Use are posted, including www.randomactsofkindness.org and any subdomains or mobile versions) (collectively, the “Site”). The following are our Terms of Use (“Terms”) for the Site.
To the extent additional rules or guidelines affect your use of the Site, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms. By using our Site, you agree to these Terms. If you do not agree to these Terms, you should immediately stop using our Site.
License to Content/no Commercial UsageOur Site provides videos, stories, lesson plans, kindness ideas, calendars, posters and various forms of information and content related to promoting kindness (collectively the “Content”). Please do not alter the Content in any way, and do not re-post or redistribute the Content on any other websites. RAK grants you a limited, non-exclusive, and revocable license to use, reproduce, distribute, and display our Content for non-commercial educational or personal purposes only, provided you do not remove any trademark, copyright, or other notice. However, you are prohibited from selling or otherwise receiving any compensation from any Content. If you would like to request permission for uses not expressly permitted by this paragraph, please contact us at info@randomactsofkindness.org.
Third-Party Services and ContentOur Site may include links to websites or other materials hosted by third parties. These Terms do not govern your use of such features, Content, or services provided by, or links to other websites that are owned and operated by, third parties. You acknowledge and agree that we are not responsible for the availability of, or any Content located on or through, any third-party site, or any services provided by third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than RAK will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any Content, product or service provided by any third party. Your use of those third-party websites and services is subject to the terms of use and privacy policies posted on each site or service, and we encourage you to review those terms of use and privacy policies.
Your RepresentationsAs a condition of your right to use our Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or other country. If you are under the age of 18, you may use our Site only with parental supervision.
User-Submitted ContentAny Content uploaded, posted, or otherwise made available by users on our Site or social media channels, including without limitation user-submitted stories, comments, user content from social media, or any other content which is not provided by RAK, our partners, or affiliates (“User Content”) is the sole responsibility of the person who made the User Content available. Under no circumstances will RAK, our partners, or affiliates, be liable in any way for any User Content. We may not pre-screen all User Content before it is made available, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.
Prohibited ActivitiesNo Personal Information or Harassment. For the safety and privacy of yourself and others, please do not post or submit any personal information on our Site (such as phone numbers, age, addresses, or other private information about a person) on our Site, and do not use the Site to harass any person, and do not use our Site to solicit any personal or private information from any individual.
No External Links, Solicitations or Advertisements. In order to keep our users safe and enhance their online experience, we prohibit the posting of any links to other websites. Please do not post advertisements or solicitations for any charity, or any other promotional or commercial Content. Unfortunately, it is impossible to verify the validity of external organizations; therefore, in an effort to protect our users from fraud, we must prohibit solicitations.
Other Restrictions. You agree that you will not use our Site to transmit or make available any Content that:
In addition, please do not (i) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Content; (ii) deep link to the Site for any purpose; or (iii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
Ownership Of User ContentIf any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original User Content. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through our Site or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute or perform publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you.
Visitor FeedbackAll communications, feedback, questions, comments, suggestions, proposed features, and the like provided by visitors to our Site (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of RAK.
By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing Inspirational Materials and other products and services using such Feedback, without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
Your AccountTo use certain features of the Site, you may need to create a user account by creating a username and password. By registering as a user, YOU REPRESENT THAT YOU ARE AGE 18 OR OLDER. People under the age of 18 are prohibited from registering. RAK reserves the right to terminate any account with or without reason at any time.
You will set a password for your account, and you agree to protect and safeguard it against unauthorized use and that you are responsible for maintaining the confidentiality of both your password and account. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session and must not share your login credentials with any third parties without RAK’s authorization. You agree that any data you provide about yourself or your company when setting up your account with our Site will be true, accurate, current, and complete and you agree to maintain and update the user data to ensure continuing accuracy.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, CONDUCTED THROUGH YOUR ACCOUNT. RAK is not liable for the security of your account information or for any harm, loss, or damage you may incur as a result of someone else using your password or account, either with or without your knowledge.
Modifications and Interruption to the SiteWe reserve the right to modify, discontinue, or temporarily prevent access to all or any portion of our Site at any time, with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Site, or that operation of our Site will be uninterrupted or error free. You understand that usage of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Disclaimer of Warranties and Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, RAK, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “RAK PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. OUR SITE AND ALL CONTENT, RESOURCES, EDUCATIONAL MATERIALS, AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RAK PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITE.
UNDER NO CIRCUMSTANCES WILL ANY OF THE RAK PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITE OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS; EVEN IF ANY RAK PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RAK PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IndemnificationYou agree to indemnify and hold the RAK Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device, or account.
Copyright and Trademark InformationAll Content, copyrights, trademarks, and other intellectual property rights in the Content available on our Site, including without limitation our Site design, the text, graphics, interfaces, and the selection and arrangements thereof, are owned and controlled by RAK, with all rights reserved, or in some cases may be licensed to RAK by third parties. This Content is protected by the intellectual property rights of RAK or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with RAK.
Notification of Claimed Copyright InfringementIn the event that you find Content posted on the Site which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact RAK’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information:
Please send your notice of alleged infringement to:
The Random Acts of Kindness Foundation
555 17th St., Suite 960
Denver, CO 80202
Or e-mail: info@randomactsofkindness.org
In accordance with the DMCA, it is the policy of RAK to terminate use of our Site by repeat infringers in appropriate circumstances.
Other Content Complaints and Removal RequestsIf you believe that any Content on our Site violates these Terms or is otherwise inappropriate, please send an email to info@randomactsofkindness.org. If you are a California resident who posted Content to our Site when you were under the age of 18 and you are now requesting removal of that Content, please send an email to info@randomactsofkindness.org with your name, date of the posting, URL of the posting, and a description of the posting, so that we are able to locate and remove it for you in accordance with California law (however, please note that we cannot guarantee complete or comprehensive removal of the content).
Dispute ResolutionAny dispute arising out of or relating in any way to your use of our Site or any products, services, or information you receive through our Site, shall be submitted to confidential, binding arbitration in Denver, Colorado, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Governing LawsThe laws of the state of Colorado and the United States govern these Terms and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that our Site are appropriate, legal, or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Denver, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Site.
Compliance With LawsYou assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
Changes To These TermsWe reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of any of our Site after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
Other TermsIf any provision of these Terms is determined by a court of law to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of RAK. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms, as supplemented by any “click-through agreements,” shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Site. You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Site, constitutes the entire agreement between you and RAK regarding your use of the Site, and that any other prior agreements between you and RAK are superseded by these Terms. Any failure by RAK to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact UsIf you have any questions about these Terms, please feel free to contact us as follows:
The Random Acts of Kindness Foundation
555 17th Street, Suite 960
Denver, CO 80202
or by email: info@randomactsofkindness.org