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Terms of Service
Acceptance of Terms:
a. By accessing or using our website and creating an account, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions ("Terms of Service"). If you do not agree with any part of these Terms of Service, you should not access or use our website.
b. Your use of the website and creation of an account constitutes your acceptance of these Terms of Service, including any future modifications or updates that may be made by us.
c. These Terms of Service apply to all users of the website, including without limitation, users who are browsers, contributors of content, and users who are participants in any features or services provided on the website.
d. You represent and warrant that you have the legal capacity and authority to enter into these Terms of Service and to comply with all applicable laws in connection with your use of the website.
e. If you are using the website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Service, and in such case, "you" and "your" will refer to that organization.
f. These Terms of Service constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and us regarding the website.
g. We reserve the right, in our sole discretion, to modify, update, or replace any part of these Terms of Service by posting updates and changes on the website. It is your responsibility to check the website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
h. Any new features or tools added to the website will also be subject to these Terms of Service.
Please note that the above is a general template and should be reviewed and customized based on your specific requirements and jurisdiction. It's always advisable to consult with a legal professional to ensure compliance with applicable laws and regulations.
Eligibility:
a. By using our website and creating an account, you represent and warrant that you are at least the age of majority in your jurisdiction or that you are the age of 13 or older and have obtained the necessary parental or guardian consent to use our website.
b. Our website is intended for use by individuals and organizations that can form legally binding contracts under applicable law. If you do not meet these eligibility requirements, you should not use our website.
c. By creating an account, you further represent and warrant that all information you provide during the signup process is accurate, complete, and current. You agree to promptly update your account information if there are any changes to ensure its accuracy and to maintain the security of your account login credentials.
d. We reserve the right to refuse service, terminate accounts, or restrict access to our website at our discretion, including without limitation, if we believe that a user's conduct violates applicable laws or is harmful to our platform or other users.
e. If you are accessing or using the website on behalf of an organization, you represent and warrant that you have the necessary authority to bind that organization to these Terms of Service.
User Obligations:
a. By using our website and creating an account, you agree to comply with these Terms of Service and all applicable laws and regulations.
b. You are solely responsible for maintaining the confidentiality and security of your account login credentials. You agree not to share your account credentials with any other person or entity. You must promptly notify us of any unauthorized access or use of your account.
c. You agree not to use our website for any unlawful or unauthorized purpose. You shall not engage in any activity that violates any laws, regulations, or rights of others.
d. You shall not upload, post, or transmit any content that is abusive, defamatory, obscene, offensive, or violates the rights of any individual or entity.
e. You agree to use our website solely for its intended purpose and in compliance with any additional guidelines or rules posted on the website.
f. You shall not engage in any activity that disrupts or interferes with the operation of our website, including but not limited to transmitting viruses, malware, or any other malicious code.
g. You agree not to attempt to gain unauthorized access to any portion of our website, server, or any other systems or networks connected to our website.
h. You acknowledge that any content you upload or submit to our website is your responsibility. You represent and warrant that you have all necessary rights and permissions to use and share such content and that it does not infringe upon any intellectual property rights or violate any laws or regulations.
i. You agree not to impersonate any person or entity or falsely represent your affiliation with any person or entity.
j. You shall not engage in any conduct that may harm, exploit, or harass other users of our website.
k. You acknowledge that we may monitor and review user-generated content and have the right to remove, edit, or modify any content that violates these Terms of Service or is otherwise deemed inappropriate.
l. You agree to comply with any requests or instructions provided by us regarding the use of our website and any related services.
Please note that the above is a general template and should be reviewed and customized based on your specific requirements and jurisdiction. It's always advisable to consult with a legal professional to ensure compliance with applicable laws and regulations.
Privacy and Data Collection:
a. By using our website and creating an account, you acknowledge and agree to our Privacy Policy, which explains how we collect, use, disclose, and protect your personal information. Please review our Privacy Policy to understand our practices regarding privacy and data handling.
b. We collect certain information from you when you sign up for an account and use our website. This may include personal information such as your name, email address, and other details necessary for the functioning of the website. We may also collect non-personal information, such as aggregated data and usage statistics.
c. The information we collect is used to provide and improve our services, personalize your experience, and communicate with you. We may use your email address to send you important notices regarding your account or updates about our website and services.
d. We may share your information with trusted third-party service providers who assist us in operating our website and providing our services. These third parties are obligated to maintain the confidentiality and security of your information and are prohibited from using it for any other purpose.
e. We may also disclose your information if required by law or in response to a valid legal request, such as a court order or government investigation.
f. We take reasonable measures to protect your information and maintain the security of our website. However, please note that no data transmission over the internet or electronic storage method is 100% secure, and we cannot guarantee the absolute security of your information.
g. You are responsible for maintaining the confidentiality of your account login credentials. We recommend using strong passwords and regularly updating them to enhance the security of your account.
h. Our website may use cookies or similar technologies to enhance your browsing experience and collect certain information. You have the option to disable cookies through your browser settings, but please note that doing so may limit certain functionalities of our website.
i. By using our website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
Intellectual Property:
a. Our website and all of its contents, including but not limited to text, graphics, logos, images, software, and any other materials, are the intellectual property of our website or our licensors. All intellectual property rights are reserved.
b. By uploading or submitting any content to our website, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform such content solely for the purpose of operating, promoting, and improving our website and services.
c. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant the aforementioned license for any content you upload or submit to our website.
d. You agree not to infringe upon the intellectual property rights of others when using our website. You shall not upload, post, or transmit any content that violates any copyright, trademark, or other proprietary rights of any third party.
e. If you believe that any content on our website infringes upon your intellectual property rights, please notify us promptly, and we will take appropriate action to address the issue.
f. Our website may include links to third-party websites or resources. We do not endorse or assume any responsibility for the content or practices of these third-party websites. Your access and use of such websites or resources are at your own risk.
g. If you believe that your intellectual property rights have been infringed upon by a third party through our website, please notify us promptly, and we will take appropriate action to address the issue to the best of our abilities.
h. Any use of our website or its contents that is not expressly permitted by these Terms of Service is strictly prohibited and may violate copyright, trademark, and other laws.
Prohibited Activities:
a. You agree not to use our website for any purpose that is unlawful, prohibited, or in violation of these Terms of Service.
b. You shall not engage in any activity that could harm, interfere with, or disrupt the proper functioning of our website, servers, networks, or other infrastructure.
c. You shall not upload, post, transmit, or otherwise make available any content that is:
i. Abusive, defamatory, harassing, threatening, or otherwise objectionable;
ii. Obscene, pornographic, or sexually explicit;
iii. Infringing upon the intellectual property rights of others;
iv. Violating any applicable laws, regulations, or rights of any individual or entity;
v. False, misleading, or deceptive;
vi. Intended to solicit personal information from others, including but not limited to financial information, login credentials, or sensitive personal data;
vii. Spam, unsolicited advertising, or promotional materials;
viii. Malicious, containing viruses, malware, or any other harmful code;
ix. Encouraging or facilitating illegal activities.
d. You shall not engage in any activity that could harm, exploit, or harass other users of our website. This includes but is not limited to:
i. Impersonating any person or entity or falsely representing your affiliation with any person or entity;
ii. Posting or transmitting any private or confidential information about others without their consent;
iii. Engaging in cyberbullying, hate speech, or any form of harassment;
iv. Disseminating or promoting harmful or discriminatory content.
e. You shall not attempt to gain unauthorized access to any portion of our website, server, or any other systems or networks connected to our website.
f. You shall not engage in any activity that circumvents, disables, or interferes with any security features, authentication measures, or technological protections on our website.
g. We reserve the right, in our sole discretion, to suspend, terminate, or restrict access to your account and our website if we believe that you have violated any provisions of these Terms of Service or engaged in any prohibited activities.
h. We may also report any suspected illegal activities to the appropriate authorities and cooperate with law enforcement agencies in their investigations.
User-Generated Content:
a. Our website allows users to submit, upload, post, or transmit content, including but not limited to text, images, videos, or other materials ("User-Generated Content").
b. You are solely responsible for any User-Generated Content that you upload, submit, post, or transmit through our website. You retain ownership of your User-Generated Content.
c. By default, User-Generated Content shared on our website is visible to the person you have given or received a gift from ("Recipient"). However, you have the option to mark certain User-Generated Content as private or exclusive to the Recipient, ensuring that only the intended recipient can access and view it.
d. You understand and acknowledge that if you mark User-Generated Content as private or exclusive to the Recipient, it will not be visible to other users of the website or the general public.
e. By marking User-Generated Content as private or exclusive to the Recipient, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform such User-Generated Content solely for the purpose of operating, promoting, and improving our website and services.
f. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant the aforementioned license for any User-Generated Content you upload or submit.
g. We do not claim ownership over your User-Generated Content, and we make no representations or warranties regarding the accuracy, completeness, or reliability of any User-Generated Content posted by users.
h. We respect your privacy preferences, and we will make reasonable efforts to ensure that User-Generated Content marked as private or exclusive to the Recipient remains confidential and accessible only to the intended recipient. However, please note that we cannot guarantee the absolute security and confidentiality of User-Generated Content, and there may be inherent risks associated with transmitting and storing such content.
i. We reserve the right, but not the obligation, to monitor, review, or remove User-Generated Content that violates these Terms of Service, is objectionable, or violates the rights of others. We may also take appropriate action, including suspending or terminating your account, if we determine that you have violated these Terms of Service.
j. You agree not to upload, post, or transmit any User-Generated Content that is:
i. Abusive, defamatory, harassing, threatening, or otherwise objectionable;
ii. Obscene, pornographic, or sexually explicit;
iii. Infringing upon the intellectual property rights of others;
iv. Violating any applicable laws, regulations, or rights of any individual or entity;
v. False, misleading, or deceptive;
vi. Intended to solicit personal information from others, including but not limited to financial information, login credentials, or sensitive personal data;
vii. Spam, unsolicited advertising, or promotional materials;
viii. Malicious, containing viruses, malware, or any other harmful code;
ix. Encouraging or facilitating illegal activities.
k. If you believe that any User-Generated Content on our website violates these Terms of Service or infringes upon your rights, please notify us promptly, and we will take appropriate action to address the issue.
Limitation of Liability:
a. You understand and agree that your use of our website is at your own risk. Our website, its content, and any services or features provided are provided on an "as-is" and "as available" basis without any warranties or representations of any kind, whether express or implied.
b. We do not guarantee the accuracy, completeness, or reliability of any information or content on our website. We make no warranties or representations regarding the availability, functionality, or security of our website or that it will be uninterrupted or error-free.
c. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will meet your requirements or that any defects or errors will be corrected.
d. In no event shall we or our affiliates, partners, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or in connection with your use of our website or any services or content provided.
e. You agree to indemnify, defend, and hold harmless our website and its affiliates, partners, officers, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our website, your violation of these Terms of Service, or your violation of any rights of any third party.
f. You understand and agree that any material or data downloaded or otherwise obtained through your use of our website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of such material or data.
g. In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
h. The limitations and exclusions of liability contained in these Terms of Service apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.
Termination:
a. You may terminate your account and discontinue your use of our website at any time by following the account closure process provided on our website.
b. We reserve the right, in our sole discretion, to suspend, restrict, or terminate your account and access to our website, without prior notice or liability, for any reason or no reason, including but not limited to:
i. Violation of these Terms of Service;
ii. Suspected or actual misconduct, fraudulent activity, or misuse of our website;
iii. Non-compliance with applicable laws, regulations, or third-party rights;
iv. Inactivity or failure to use your account for an extended period of time;
v. Requests by law enforcement or other government agencies;
vi. Technical or security issues;
vii. Termination or material modification of our website or services;
viii. Any other reason deemed necessary or appropriate by us.
c. In the event of termination, your access to your account and any associated content may be immediately disabled. We shall not be liable to you or any third party for any termination of your access to our website.
d. Upon termination, any provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, limitation of liability, indemnification, and dispute resolution.
e. You understand and acknowledge that upon termination, we may delete or remove any User-Generated Content associated with your account, and we shall have no obligation to retain or provide you with access to such content.
f. If you wish to request the removal of any specific User-Generated Content associated with your account before termination, you should do so before initiating the termination process.
Dispute Resolution and Governing Law:
a. Any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
b. Any such arbitration shall be conducted by a single arbitrator in accordance with the rules of the [Arbitration Association/Organization] as selected by mutual agreement of the parties, or, if no agreement can be reached, by an arbitrator appointed by the [Arbitration Association/Organization]. The seat of arbitration shall be [City, Jurisdiction]. The language of the arbitration shall be [Language].
c. You and our website agree to submit to the personal jurisdiction of the courts located within [Jurisdiction] for the purpose of seeking interim or preliminary relief in connection with any arbitration proceeding. The courts located within [Jurisdiction] shall have exclusive jurisdiction over any appeals from arbitration awards and over any action or proceeding otherwise arising out of or relating to these Terms of Service.
d. Notwithstanding the above, either party may seek injunctive relief or other equitable remedies from any court of competent jurisdiction to protect its intellectual property rights or confidential information.
e. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service.
f. Any claim or cause of action arising out of or related to your use of our website or these Terms of Service must be filed within 90 days after such claim or cause of action arose or be forever barred.
Modification of Terms:
a. We reserve the right, in our sole discretion, to modify, update, or replace any part of these Terms of Service at any time. It is your responsibility to periodically review these Terms of Service for any changes.
b. We will provide notice of any material changes to these Terms of Service by posting the updated terms on our website or by other means deemed appropriate, such as sending a notification to your registered email address.
c. By continuing to use our website after the revised Terms of Service have been posted or after receiving notice of such changes, you acknowledge and agree to be bound by the modified terms. If you do not agree to the modified terms, you must discontinue your use of our website.
d. We may also, in our sole discretion, introduce new features, functionalities, or services to our website. Such additions shall be subject to these Terms of Service unless expressly stated otherwise.
e. You understand and acknowledge that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of our website or any part thereof, including these Terms of Service.
f. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by us. The failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Severability:
a. If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms of Service, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
b. In such a case, the parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that achieves, to the extent possible, the original intent and economic effect of the severed provision.
c. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms of Service.
d. The headings and section titles in these Terms of Service are for convenience only and shall not affect the interpretation or construction of these Terms of Service.
Indemnification:
a. You agree to indemnify, defend, and hold harmless our website, its affiliates, partners, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with:
i. Your use of our website;
ii. Your violation of these Terms of Service;
iii. Your violation of any applicable laws, regulations, or rights of any third party;
iv. Your User-Generated Content;
v. Any activity or conduct by you that is harmful, unlawful, or objectionable;
vi. Any claim or allegation that your User-Generated Content infringes upon or violates the intellectual property rights or other rights of any third party.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Feedback and Suggestions:
a. We welcome and encourage you to provide feedback, suggestions, ideas, or other comments regarding our website and services ("Feedback").
b. By submitting Feedback to us, you acknowledge and agree that:
i. We may freely use, disclose, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit the Feedback for any purpose, without any obligation or compensation to you;
ii. We are under no obligation to implement or incorporate any Feedback into our website or services, and we make no guarantees or assurances that your Feedback will be used or acted upon;
iii. Any Feedback you provide will be considered non-confidential and non-proprietary. You shall not submit any information or ideas that you consider to be confidential or proprietary.
c. You represent and warrant that you have all necessary rights and permissions to provide the Feedback to us and that the Feedback does not infringe upon any third-party rights, including intellectual property rights.
d. If you believe that any Feedback provided by another user infringes upon your rights or is in violation of these Terms of Service, please notify us promptly, and we will take appropriate action.
e. We appreciate your contributions and suggestions, but please note that you shall not submit any Feedback that is harmful, unlawful, defamatory, or otherwise objectionable.
c. This indemnification obligation will survive the termination of your account and these Terms of Service.
Entire Agreement:
a. These Terms of Service constitute the entire agreement between you and our website regarding the use of our website and services and supersede all prior and contemporaneous agreements, understandings, or representations, whether oral or written, regarding the same subject matter.
b. Any waiver, modification, or amendment of these Terms of Service shall only be effective if it is in writing and signed by both parties.
c. In the event of any conflict or inconsistency between these Terms of Service and any other agreements or policies provided by our website, these Terms of Service shall prevail.
d. The headings and section titles in these Terms of Service are for convenience only and shall not affect the interpretation or construction of these Terms of Service.
e. You agree that no joint venture, partnership, employment, or agency relationship exists between you and our website as a result of these Terms of Service or your use of our website.
f. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service shall remain in full force and effect.
Contact Information:
a. If you have any questions, concerns, or feedback regarding these Terms of Service or our website, you can contact us using the following contact information:
Mapping Kindness
Address: [Physical Address]
Email: mappingkindness.notif@gmail.com
b. We will make reasonable efforts to respond to your inquiries in a timely manner.
c. Any notices or communications required or permitted under these Terms of Service may be sent to you electronically, either by email or by posting on our website. It is your responsibility to ensure that the contact information associated with your account is accurate and up to date.
d. If you need to provide us with any legal notices or communications, please refer to the contact information provided in this section.
