Last updated: December 1, 2016
READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE CONTINUING OR USING THE MEMBERSHIP WITHIN THE REKINDNESS PLATFORM (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE MEMBERSHIP.
Permitted and Prohibited Uses
You may access and use such portions of the reKindness Platform for which neither registration nor a fee is required as set forth herein. Certain features and functions of the Platform may only be accessed after registering with the reKindness Platform and providing the information requested through the registration process. You may access and use the reKindness Platform, and utilize your Membership for the following purposes (collectively, “Permitted Uses”):
- Buy, sell, share and swap fashion, beauty, and other items.
- review and rate other members within the reKindness community.
reKindness reserves all rights not expressly licensed. If You desire to access or use any Membership services, including but not limited to the platform, You can do so only if you register with the reKindness Platform and, if applicable, agree to any service specific agreements (such as shipping and handling fees when items are exchanged).
You may not:
- use the reKindness Platform for the benefit of any third party, other than as part of a Permitted Use;
- republish or distribute information from the reKindness Platform (including by posting same on any other Website or App) without reKindness’s express written consent;
- modify information from the reKindness Platform;
- disassemble, decode, decompile, or otherwise reverse engineer the reKindness Platform, including, without limitation, any interfaces or software programs comprising the reKindness Platform;
- take any action that would impede or interfere with the operation of the reKindness Platform or alter the contents of the reKindness Platform, or alter or interfere with any other content, site or software that reKindness owns or controls;
- directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the reKindness Platform, any database thereon and/or any content thereon, or any portion thereof;
- use any data mining, robots or similar data gathering and extraction methods with respect to the reKindness Platform or any portion thereof; or
- use the reKindness Platform directly or indirectly in competition with reKindness in any way whatsoever.
- use the reKindness Platform to commit identity theft or falsely represent yourself
- use the reKindness Platform in a way that violates USPS mail laws or commit mal fraud
- use the reKindness Platform for any type of illegal financial transaction including but not limited to: money laundering, fraud, theft, or phishing.
Access to the reKindness Platform
reKindness reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the reKindness Platform and or the Membership services. reKindness further reserves the right to impose registration, password and other security precautions on access to and use of the reKindness Platform.
Access to Membership
To obtain access to Membership services, you will be required to register with us. Children under the age of 13 may not register for any of the Membership services. You will register for the reKindness Platform using your FaceBook account or using Digits by Twitter for verifying your identity via SMS. This process will create your username and password. Potential Members must complete reKindness’s registration process in order to receive passwords that will permit them to access the Membership services. Only one individual may access the reKindness Platform at a time using the same username and password. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under Your username or password.
You are responsible for ensuring that no unauthorized person will have access to Your username, password or account. It is Your sole responsibility to monitor and control access to and use of Your username, password and account. Your username, password and account are not transferable. You grant reKindness and all other persons and entities involved in the operation of the reKindness Platform the right to transmit, monitor, store, retrieve and use Your information in connection with the operation of the reKindness Platform. You agree to (a) immediately notify reKindness of any unauthorized use of Your username, password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. reKindness cannot and will not be liable for any loss or damage arising from Your (or any authorized users’) failure to comply with the provisions of this Section.
reKindness reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the reKindness Platform. reKindness further reserves the right to impose additional or other registration, password and other security precautions on access to and use of the reKindness Platform.
Communications from reKindness
You understand and agree that, as part of Your registration for and use of the reKindness Membership services, reKindness may send to You certain communications from time to time, including (a) announcements, such as announcements concerning upgrades, modifications and/or enhancements to the reKindness Platform and any new products or services that may be offered by reKindness, including volunteer and other social giving opportunities related to the reKindness mission; (b) service announcements, such as announcements regarding possible interruptions or other conditions that may affect access to and/or use of the reKindness Platform and/or any other products or services offered by reKindness; (c) Membership-related announcements; and (d) other administrative updates. You further understand and agree that Your agreement to receive such communications is a condition to Your use of the Membership services, and that You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the reKindness Platform, shall be subject to this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT REKINDNESS IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN OWNERS OF ITEMS AND SHARERS OF BEAUTY AND FASHION ITEMS. AS A RESULT, REKINDNESS HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR PLATFORM, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SHARE ITEMS OR THE ABILITY OF RECEIVERS TO RECEIVE ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR PLATFORM WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR PLATFORM.
When You enter into a transaction You create a legally binding contract with another member. You are responsible for ensuring that You comply with your obligations to that other member. If You do not, You may become liable to that Member. You must ensure that you are aware of any laws relevant to You as a barterer, buyer, seller, or laws for such other uses you make of the reKindness Platform. If another Member breaches any obligation to you, then you, and not reKindness, are responsible for enforcing any rights that you may have.
Except as specifically advised otherwise on the Platform, reKindness does not offer any form of insurance or other barter protection which will assist You, because our Platform merely provides the online venue for members to offer and exchange items and we are not otherwise involved in the transactions and interactions between buyers and sellers. Any disputes must be resolved between the owner of the items and the sharer of the items in the case of a trade or the buyer and seller involving a purchase.
Since reKindness is not involved in the actual transaction, then to the extent permitted by law reKindness specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
reKindness may send you communications and notices regarding your transactions and your account on our Platform. They do not represent any endorsement, guarantee or legitimization of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safetywhen using our Platform.
LISTING, SELLING, AND SHARING.
You must legally own and be able to deliver any item You list for sale or exchange on our Platform. Clothing and fashion items should have no holes, stains or visible wear and tear or defects. You must describe Your item fully and accurately. Your listings may only include text descriptions, pictures and other content relevant to the exchange of that item, including any information that You are required to provide by any applicable law. The listing and the content of the listing, including, but not limited to, any photographs, must be Your own work or work that You are legally entitled to use. All listed items must be listed in an appropriate category and all listing questions must be answered accurately and correctly.
When You list an item for exchange on the Platform You are offering the item described, in exchange for for one or more items or for sale. If You change Your mind about exchanging or selling the item You can “Unlist” it; in which case it is not available for another Member to choose. But once you have accepted an offer on Your item by another Member the exchange cannot be cancelled and You are legally bound to complete the transaction and promptly provide the item to the buyer. If You do not complete a transaction without lawful excuse You may be in breach of Your obligations to both reKindness and the receiving Member and You may be liable, in addition to being attributed with negative feedback on the Platform. Your feedback rating as a sharer will be indicative of Your performance in relation to Member responsibilities on the Platform.
Without limiting any other remedies available to reKindness at law, in equity or under this agreement, reKindness may, in its sole discretion, suspend or terminate Your Membership if we reasonably suspect or believe, or are informed by a government authority, that You (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with Your use of, our Platform, and You will have no claim whatsoever against reKindness in respect of any such suspension or termination of Your Membership.
You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing ‘knock offs’ and counterfeit items regardless of how You describe them. reKindness has a ‘zero tolerance’ policy in regard to listing items that might infringe copyright, trademark or other intellectual property rights of third parties. Where an alleged rights owner reports infringing items and asks reKindness to remove them, those items shall be removed forthwith without further investigation or any compensation for the Member.
You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate Your Membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about You, or Your feedback rating or any feedback given by You.
You acknowledge that Your feedback consists of ratings left by other Members and a composite feedback score compiled by reKindness, and that the composite number without the relevant comments does not convey Your full user profile. Because feedback ratings belong to reKindness and are not designed for any purpose other than facilitating trading between reKindness Members, You may not use Your reKindness feedback (including, but not limited to, marketing or exporting Your rating or feedback comments) in any real or virtual venue other than a platform operated by reKindness.
We do not provide the technical ability to allow You to import feedback from other websites to the Platform because a composite score, without the corresponding feedback, does not reflect Your true online reputation within our community.
Any feedback scores may be amended at any time in the absolute discretion of reKindness.
DISPUTES BETWEEN MEMBERS
Action initiating a dispute should be taken as soon as possible after receiving an item, if you are a receiver, or as soon as possible after marking the item as shipped if you are a sharer (the “Cause of Action”). At first instance it is the responsibility of the aggrieved member to the dispute to contact the other and work out a solution. Often problems arise because of a misunderstanding and can be resolved by subsequent clear communication. If the dispute is still unresolved after 14 days from the Cause of Action then the aggrieved member can contact reKindness no later than 60 days after the Cause of Action, and reKindness will be the final arbitrator of the matter. Factors taken into account by reKindness in resolving the dispute will include but not be limited to:
- whether the Member has proof of item exchange
- whether the accused member responds to and communicates freely with the aggrieved member
- previous feedback scores of both Members
- any other factors deemed relevant by reKindness
The decision of reKindness, in resolving the dispute, shall be final and binding on the respective members.
Use of the reKindness Platform for Communication
reKindness reserves the right to deny access to any Membership services to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses for the reKindness Communication
Without limiting the foregoing, we may immediately terminate Your use of any Communications Service if You engage in any of the following prohibited activities:
Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content You transmit through any Communications Service;
Uploading, posting, emailing, transmitting or otherwise making available any content that You do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
Violating any applicable local, state, national or international law;
“Stalking” or otherwise harassing another;
Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
Advertising, soliciting business or commercial use, except for the purposes of exchange dresses and fashion items or any other purpose expressly permitted by reKindness;
Collecting or storing personal data about other users;
Gaining unauthorized access to our Membership service, or any account, computer system, or network connected to this Service, by means such as hacking, password mining or other illicit means; or
Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Membership service.
Use of stolen or fraudulent bank accounts, credit/debit cards or other means of payment
Any attempt to launder money;
Violation of federal shipping laws or attempts to commit mail fraud;
We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email in connection with any messaging service made available through the Service. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then You agree to pay us liquidated damages of $2 for each item of spam, unsolicited bulk email or private messaging transmitted from, or otherwise connected with, Your account. Otherwise You agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Your License to reKindness
By submitting material (including, but not limited to, any text, photos, video or other content) to the reKindness Community, You are representing that You are the owner of the material, or are making Your submission with the express consent of the owner. By submitting any materials via the reKindness Community, Blog or any other feature of the reKindness Platform, You grant us, and anyone authorized by us, including, without limitation, our affiliates, a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials You submit to the reKindness including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, You agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing You any form of compensation. You also agree that we, and anyone authorized by us, may identify You as the author of any of Your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right, in our sole discretion, (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Membership services, including content submitted by You, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.
Materials Submitted by Other Users
We cannot and do not review every posting made on the reKindness platform, and other areas available for public postings we may provide. You may well read any given posting before anyone on our staff does. Take what You find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user or from a member of our staff.
Legal Notices and Proprietary Rights
You agree that You will not take any action that would infringe, misappropriate, or violate reKindness’s intellectual property interests and that You will comply with the intellectual property provisions set forth herein.
The reKindness Platform contains information from third-party sources. If You believe that Your copyright interests are being infringed by anything on the reKindness Platform, You must notify reKindness of Your claim by filing a Notice with ReKindness, LLC. Your Notice must be in writing (either via electronic mail or by certified or registered mail to ReKindness, Attn: Platform Administrator, 400 Village Pkwy NE, # 110, Atlanta, Ga 30306 or [email protected], and must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that You claim has been infringed, including the Web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the reKindness Platform that You claim is infringing; (4) information we can use to contact You, including Your address, telephone number, and e-mail address; (5) a statement by You that You have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; (6) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Linking to the reKindness Platform
You may link to reKindness’s home page. You must contact [email protected] if you wish to link to any page other than the home page. Any such links to the home page must not state or imply any sponsorship by reKindness of your site, service, application, or mobile or handheld device application by us.
reKindness is a registered service/trademark of reKindness, LLC. All other trademarks referred to on this platform are service/trademarks of their respective owners. You may not use any trademark or service mark appearing on the reKindness Platform without the prior written consent of the owner of the mark.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of the reKindness Platform, or incorporate into another website, application, mobile or handheld device application, or other service any of our intellectual property.
You agree not to upload or otherwise place any information on the reKindness Platform that would infringe or otherwise violate anyone’s intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.
ACCURACY AND WARRANTY DISCLAIMERS
reKindness does not warrant or guarantee the accuracy, quality, completeness, currency, non-infringement, timeliness, merchantability, fitness for a particular purpose, or validity of any information on the reKindness Platform (including, without limitation, any database accessible via the reKindness Platform and its content) or linked from the reKindness Platform nor does reKindness guarantee that the reKindness Platform will be error-free or continuously available or free of viruses or other harmful components. The descriptive information is derived from descriptive information it receives, although it may (in its sole discretion) note obvious errors that it believes may exist in the materials as received by it.
Due to, among other things, the possibility of human and/or mechanical error, reKindness shall not be responsible for any errors or omissions on the reKindness Platform. reKindness makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. reKindness shall not be liable for any damages of any kind incurred as a result of the information posted on the reKindness Platform including, without limitation, any content thereon.
reKindness cannot and does not review every entry made on the reKindness Membership services accessible to you as a part of the reKindness Membership. You can expect that reKindness Membership entries may contain opinions from the individual authors of postings that may include opinions from organizations other than reKindness. reKindness does not endorse or guarantee the accuracy of any Blog post regardless of whether the Blog post comes from reKindness or an outside author or “guest” author.
REKINDNESS MAKES NO WARRANTY THAT THE REKINDNESS PLATFORM IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE REKINDNESS PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” REKINDNESS HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY REKINDNESS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. REKINDNESS MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY’S SOFTWARE AND/OR EQUIPMENT.
LIMITATIONS ON LIABILITY; INDEMNITY
reKindness does not endorse, support, sanction, or verify the information or material on or accessible via the reKindness Platform. Unless otherwise specifically indicated, reKindness does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the reKindness Platform, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person, including but not limited to the performance of goods and services provided by our advertisers or others to whose sites we link.
Disclaimer Regarding Documents Uploaded to the reKindness Platform
You are solely responsible for the documents and pictures you upload to the reKindness Platform. You are advised to block any signatures and personally identifiable information from documents and/or pictures that you upload. reKindness reserves the right to refuse any document or picture. In addition, reKindness has the right to terminate any document or picture at any time for any reason. reKindness and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents or pictures on the reKindness Platform. reKindness will not be held liable for any damages.
Termination; Equitable Remedies
You acknowledge and agree that any unauthorized use or disclosure by You of the reKindness Platform or any infringement or violation of reKindness’s intellectual property rights, shall cause reKindness irreparable injury for which reKindness could not be fully compensated by money damages. You agree that, in the event of such a violation, reKindness would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that reKindness would be entitled to recover from You its attorneys’ fees and costs incurred in seeking and obtaining such relief.
Except as is stated herein to the contrary, any notices to reKindness must be given by postal mail sent to reKindness’s headquarters as then listed on the reKindness Platform. Any notices to You will be sent to the e-mail address that You provide to reKindness.
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