KIND VIRTUAL TERMS AND CONDITIONS
User’s Acknowledgment and Acceptance of Terms
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You hereby confirm to Kind Virtual that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.
Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and successfully completing the registration process.
You are solely responsible for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.
You may not transfer your account, username or password to another person, and you may not use anyone else’s account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse.
In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the website, or any portion thereof.
Registration Data and Privacy
Payment And Billing
Fees and Billing. You are responsible to Kind Virtual for any fees applicable to the services you choose. You authorize Kind Virtual (or its partners), or its designated payment processor, to charge your specified credit card, debit card, or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars.
Subscription & Automatic Billing: The services available on the website are available on subscription basis and Client can choose their preferred subscription (monthly or annual subscription). The Client agree that their credit or debit card shall be billed automatically for the amount of their subscription. The client also reserves the right to cancel their subscription prior to the next billing date of their subscription.
Trial and Promotion Offers
From time to time, we may offer certain trial and/or promotional offers. we reserve the right to discontinue or modify coupons, credits, trials, and promotional offers at our discretion and without notice. Any such trial or promotional offers may not be combined with other coupons, credits, trials, promotions or any other discounts, and are limited to one (1) per Client.
Cancellation of Service
The parties hereto may terminate the Agreement and their respective obligation under such Agreement, as follows:
- Voluntarily by mutual agreement, written consent of the parties;
- By Kind Virtual if Client fails to make any further payments under the Service Agreement when due, as contemplated by such Agreement.
- By the Client, if Kind Virtuals fails to deliver the service as at when due.
Conduct on the Site
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains nudity or explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- Contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Restrictions On Use of Site Content
All content and materials contained in this Site or made available through the Service (“Content”), are protected by United States and international trademark and copyright laws, are owned or controlled by Kind Virtual, and must only be used for certain approved purposes as established by Kind Virtual. You may only view or download Content from this Site for your own use or as otherwise expressly authorized by Kind Virtual.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of Kind Virtual or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Kind Virtual. The copying posting, linking, or other use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting Kind Virtual in writing at the address listed below.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) of Kind Virtual or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Third Party Rights
Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. Kind Virtual and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
Kind Virtual Revision Policy
As part of the service, you purchase from us, we offer a number of revisions for each of the services available on the website. In the event that the Client requires more revisions after the number of revisions allowed, the Client agree that each revision shall attract an additional fee payable by the Client.
Obligations of the Client
To provide Kind Virtual with all the necessary information to aid the delivery of the project;
To follow recommendations of Kind Virtual;
To ensure adequate payment to Kind Virtual as at when due.
Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Intellectual Property Information
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See” User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us under any circumstances.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Baker & Taylor LLC
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE INFORMATION PUBLISHED THROUGH JUST99WEBDESIGN.COM IS PRESENTED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. Kind Virtual DOES NOT EXERT EDITORIAL CONTROL OVER THE MATERIALS ON THE Kind Virtual WEBSITE. NEITHER JUST99WEBDESIGN.COM, ITS EMPLOYEES, AGENTS, OR ASSIGNS MAKES ANY WARRANTY, ACTUAL OR IMPLIED, AS TO THE QUALITY-OF-SERVICE PROVIDERS LISTED OR ADVERTISED ON THE JUST99WEBDESIGN.COM WEBSITE, AND Kind Virtual SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR USE OF THE JUST99WEBDESIGN.COM WEBSITE.
THE INFORMATION PRESENTED THROUGH THE JUST99WEBDESIGN.COM WEBSITE IS NOT FINANCIAL OR LEGAL ADVICE, AND IS NOT GIVEN AS FINANCIAL OR LEGAL ADVICE. THE JUST99WEBDESIGN.COM WEBSITE IS INTENDED AS A REFERENCE SOURCE, AND SHALL NOT CONSTITUTE FINANCIAL OR LEGAL ADVICE OR RECOMMENDATIONS OR BE CONSIDERED A SUBSTITUTE FOR INDEPENDENT RESEARCH AND EVALUATION BY A QUALIFIED PROFESSIONAL. Kind Virtual OFFERS ECONOMIC AND FINANCIAL INFORMATION FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR YOUR INDEPENDENT FINANCIAL OR LEGAL ADVISOR. YOU SHOULD ALWAYS CONSULT WITH AN INDEPENENT FINANCIAL OR LEGAL ADVISOR.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE CONTENT AVAILABLE ON THIS SITE OR THE SERVICES FOUND AT THIS SITE ARE APPROPRIATE IN EVERY COUNTRY OR JURISDICTION, AND ACCESS TO THIS SITE OR THE SERVICES FOUND AT THIS SITE FROM COUNTRIES OR JURISDICTIONS WHERE ITS CONTENT IS ILLEGAL IS PROHIBITED. USERS WHO CHOOSE TO ACCESS THIS SITE OR THE SERVICES FOUND AT THIS SITE ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL LAWS, RULES AND REGULATIONS.
In addition, the materials on this Site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will Kind Virtual or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this Site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this Site.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
We permit users to send us reviews regarding the purchases they made from us. Reviews are done via our social media pages and website. By sending us reviews, you agree that the moral rights you have over the review has been waived by you and that we may request for reviews from you via the email address you submitted on the order form regarding your review.
Also, by sending us reviews, you agree that the reviews you have sent will not be:
- Inaccurate, false, or misleading;
- Reflective of a paid-for review;
- Copied from another website or infringe on any third party’s copyright, trademark, privacy or other intellectual property rights;
(iv) Offensive, threatening, racial, or libelous; or
(v) Contain any computer worms, virus, or other computer programs that are able to damage the website, or any network connected to it.
User agrees that writing false and untrue review about our services is illegal and we reserve the right to press charges on defamation grounds.
Limitation of Liability
To the maximum extent allowed by law, the site, including, without limitation, all services, products, content, functions and materials contained or available thereon, is provided “as is,” “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, availability, accuracy, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. we hereby disclaim any and all such warranties, express and implied. company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of the site or your downloading of any materials from the site. if you are dissatisfied with the site, your sole remedy is to discontinue using the site. further, Kind Virtual does not warrant (a) the accuracy, completeness, currency, or reliability of any content, (b) that the results obtained from the use of the site, or the services or content will be accurate or reliable, or (c) that the quality of the site or the services or content will meet your expectations.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
This Site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Dallas County District Courts and the United States District Court for the Northern District of Texas, Dallas Division, with respect to such matters.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.