v. Sept. 12, 2014 Envision Kindness Website–Terms and Conditions of Use We welcome and encourage the use of the website.
It is your active use of the website that can help spread kindness. However, there are a few items that you need to know and agree to:
1. Privacy and use of personal information: We respect your privacy –your email address will not be shared with anyone or any organization outside of Envision Kindness, Inc. or organizations directly affiliated with Envision Kindness, Inc. By registering and agreeing to these terms and conditions, your email address will be placed on the Envision Kindness distribution list. If you make a donation, it will go through PayPal; your credit card information is only seen and managed by PayPal and not by Envision Kindness, Inc. Envision Kindness, Inc., takes no responsibility for lost or stolen information.
2. Use of content on the website: There are many wonderful pictures, videos, stories and blogs on the website. Although we encourage sharing of the website content with others to spread kindness to as many people as possible, Envision Kindness, Inc., the Envision Kindness staff, and affiliated persons and organizations cannot be held responsible for the content itself. That responsibility lies with the person submitting it. As such, there are several important issues that need to be understood and agreed to when viewing and sharing content on the Envision Kindness website:
a. Envision Kindness does not verify the ownership of original content or verify the information posted by others. Envision Kindness, Inc., depends on the person submitting the picture, video, story or blog that they have the right to submit to the website (usually because they created it), that the information submitted is correct as far as they know, and that it is grants permission to publish it by Envision Kindness, Inc., or an Envision Kindness affiliate. Envision Kindness is not responsible for misinformation that may be submitted or for the consequences of any misinformation.
b. Original content on Envision Kindness website belongs to the creator: Material that has been submitted to and accepted by Envision Kindness is licensed for use only to Envision Kindness, Inc. and its affiliated organizations. The ownership and copyright remain with the creator and the materials may not be copied by other users of the website without permission from the creator.
c. Envision Kindness does not independently verify the material on the website: People who submit content to Envision Kindness must confirm that posting the materials will not defame or violate any of the privacy rights of the persons depicted in the material or that they have a release signed by such persons. If releases were obtained the submitters of original content must retain those releases.
d. Content from an already published source must be appropriately used with permission and the source acknowledged: Just because something has been published on the Internet, does not mean that you are necessarily allowed to copy and reuse it. When posting another website’s content on the Envision Kindness website, you must obtain permission from the owner of the material and credit the person who is the owner.
e. Links to other websites: Links to other websites will be posted on the Envision Kindness website. Envision Kindness, Inc., is not responsible for the content, information, or any problems or damages from the use of these other websites. Any listing of another website is not an endorsement or recommendation of that website.
f. No commercial or political use: The website shall not be used for any commercial purpose other than by Envision Kindness, including the advertisement of goods and services. in addition, the website shall not be used for the promotion of, or opposition to, politicians, political candidates, ballot measures, or political viewpoints.
3. No uploading of any potentially damaging or infected content: You agree not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity, including storing, hosting, sending, uploading, publishing or distributing any material which consists of (or is linked to) any spyware, malware, computer virus, keystroke logger, rootkit or other malicious computer software.
4. No warranty regarding use of website and its content: All content on the Envision Kindness website must be viewed as is. Envision Kindness, Inc., makes no warranty and assumes no liability for the response to the content of the Envision Kindness website and any actions that may arise in response to the website. Those actions are the responsibility of the User.
5. Indemnification: User shall indemnify, defend and hold harmless Envision Kindness, Inc., its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties. The indemnity shall apply to any liabilities and expenses (including attorneys’ fees and costs) in consequence of such a breach. Envision Kindness, Inc., reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse User’s indemnity obligations.
6. Copyright Infringement Notification Procedures If you believe that material on the site constitutes a copyright infringement, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by Envision Kindness, including attorney fees. The notification must be a written communication, by e-mail, fax, or regular mail, that sets forth the following:
1. Identify with sufficient detail the copyrighted work that you believe has to been infringed;
2. Identify the location of the material in a manner sufficient to permit Envision Kindness to locate the material;
3. Provide information reasonably sufficient to permit Envision Kindness to contact the complaining party, such as an address, telephone number, and, if available, an email address;
4. Certify that: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
6. Sign the document or provide an electronic signature. Send the written communication to: by e-mail: [email protected] or by regular mail: Envision Kindness, Inc. Attn: Content Complaints 14 Alexander Drive East Lyme, CT 06333 or by fax to: 860-691-3037 Attn: DMCA Complaints The provider of the allegedly infringing content may make a counter notification. A provider who materially misrepresents that material is not infringing will be liable for the costs incurred by Envision Kindness and its associated persons, including attorney fees. Accordingly, users who are uncertain whether they are the proper copyright holder or if copyright laws protect the material, are advised to consult a qualified attorney. The counter notification must be a written communication, by fax or regular mail, that sets forth the following:
1. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Provide your name, address, and telephone number;
3. Make the following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
4. Make the following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
5. Make the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and sign the document. Send the written communication to: by e-mail: [email protected] or by regular mail Envision Kindness, Inc. Attn: Content Complaints 14 Alexander Drive East Lyme, CT 06333 or by fax to: 860-691-3037 Attn: DMCA Complaints
6. Complaints Regarding Content Should any person believe that any content on the site is inaccurate, defamatory, or otherwise problematic, they may send a written communication setting forth their concerns to: Envision Kindness, Inc. Attn: Content Complaints 14 Alexander Drive East Lyme, CT 06333 OR fax to: 860-691-3037 Attn: Complaints