Blue Kindness Foundation Website Terms of Use

Please read the following Terms of Use carefully before continuing. By accepting use of our Website, you acknowledge your acceptance of these terms:

1. GENERAL RULES

These Terms govern your use of the BLUE KINDNESS FOUNDATION (“Blue Kindness”) Web portal environment, which provides an easy-to-use, comprehensive online destination offering services and products tailored to the specific needs of our users (the “Program” or "Service"). This includes, but is not limited to, our non-profit community initiative to provide a managed fund that encourages and supports police officers to share goodwill and acts of kindness with others. These Terms, together with any such additional terms and conditions, are referred to as the "Terms".

2. MODIFICATION OF TERMS

The Blue Kindness Web site is owned by the BLUE KINDNESS FOUNDATION (the "Company"). The Company reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon notice published on the Site. We suggest that you check these terms periodically for changes. Your continued use of the Web site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by the Company as discussed above. If at any time these Terms are no longer acceptable to you, you must immediately cease all use of the Web site.

3. MODIFICATION OF WEBSITE, PROGRAM OR SERVICES

The Company may change, suspend, or discontinue any aspect of the Web site, Program or Service at anytime, including the availability of any Web site, Program or Service, features, database, or content. The Company may also impose limits on certain features and services or restrict your access to all or parts of the Web site, Program, or Service without notice or liability.

4. PRIVACY POLICY

Any registration data and certain other information about you are subject to our privacy policy. For more information, please view our privacy policy.

5. USE OF CONTENT

You acknowledge that the Web site, Program or Service may contain information, software, photographs, audio and video clips, graphics, links, and other material (collectively, the "Content") that are the property of the Company or third parties who have authorized the appearance of their content on this Site. U.S. and international copyright, trademark or other intellectual property laws protect all Content. All rights in Content are reserved by the Company. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web site, Program, or the Service. Users of the Web site, Program or Service may use the Content only for their personal, non-commercial use.

You shall not store electronically any significant portion of any Content. Except as expressly permitted by copyright laws, no copying, storage, redistribution, or publication of any Content is permitted without the express written consent of the Company or the owners of such Content or their authorized representatives, if other than the Company.

You may not modify, publish, transmit, transfer, or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the Company.

You, not the Company or the party credited as the provider of the Content, are liable for any damage resulting from any infringement of copyrights, proprietary intellectual property rights or any other harm arising from your failure to abide by the provisions by this section.

6. MANAGING CONTENT

You may post on the Company’s Program or Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain on any Forum or Blog sections. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, edit, copy, publish, distribute, translate, and otherwise use in any medium any Content that you place on the Program or Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

The Company does not and cannot review all Content posted by users on the Program or Service and is not responsible for such Content. However, the Company reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates these Terms or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. The Company shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

You are solely responsible for all Content you post on the Program or Service. You can be held legally liable for all Content you post on the Service. Without limiting the foregoing, you may be held legally accountable if any Content you post on the Service includes, for example, material protected by copyright, trademark, patent, or trade secret law without the permission of the author or owner, or defamatory comments. The Company is not responsible to you for any loss of data resulting from network or system outages, file corruption, viruses, or any other reasons.

7. RULES OF CONDUCT FOR POSTING CONTENT

You shall not post on the Service any Content that is:

  1. libelous, defamatory, obscene, pornographic, abusive, harassing or threatening;
  2. contains viruses or other contaminating or destructive features;
  3. violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or
  4. otherwise violates any applicable law. You may not post on the Program or Service any links to any external Internet Sites that are obscene or pornographic. You shall not use the Program or Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.

8. NO ENDORSEMENT & NO GUARANTEES OF RANDOM ACTS OF KINDNESS

The Company does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your own risk. Any Content placed online by users are the views of the user posting the statement, and do not represent the views of the Company.

The Program or Service may contain links to Sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that the Company is not responsible for the availability of, or the Content located on or through, any External Site. You should contact the Site Administrator or Webmaster for any such External Site if you have any concerns regarding such links of the Content located on such External Site.

It is understood and acknowledged by any users that Blue Kindness does not guarantee or represent that random acts of kindness via our funds will be fulfilled or completed as a result of a request by a user. Blue Kindness nor any director, law enforcement officer or other volunteers will not have any legal liability to complete specific requests and all requests are strictly performed on a volunteer basis.

9. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

NEITHER THE COMPANY, NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, LAW ENFORCEMENT OFFICERS OR ANY CONTRIBUTOR, (COLLECTIVELY THE "COMPANY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OF THE CONTENT, NOR ITS FITNESS FOR ANY PARTICULAR PURPOSE. NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, INSTRUCTION, OPINION OR ADVICE CONTAINED IN THE CONTENT.

THE SERVICES BEING PROVIDED TO YOU ARE ON AN "AS IS" AND "BEST EFFORTS" BASIS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE AND THE SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF THE COMPANY PARTIES MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULT THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. ALL THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILTIY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT OF THIRD-PARTY RIGHTS.

NO ADVICE, INSTRUCTION OR INFORMATION GIVEN BY ANY OF THE COMPANY PARTIES SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH INFORMATION, INSTRUCTION OR ADVICE. IN NO EVENT, SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE COMPANY PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

THE COMPANY IS NOT RESPONSIBLE FOR COMPLETION OF A SPECIFIC REQUEST AND DOES NOT GUARANTEE THAT A SPECIFIC REQUEST WILL BE FULFILLED OR COMPLETED. NO CONTRACT OR AGREEMENT IS CREATED BY YOUR USE OF THE SITE WITH THE COMPANY OR WITH ANY LAW ENFORCEMENT OFFICER.

10. INDEMNITY

You agree to indemnify, defend, and hold harmless the Company and its employees, officers, members, directors, owners, agents, information providers, volunteer, law enforcement officers and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including all attorney's fees), promptly as incurred, directly or indirectly based upon, or arising out of or in connection with the Program or Service. The Company reserves the right 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 the Company's defense of such claim and to reimburse the Company for the costs and expenses of such defense.

11. TERMINATION OF SERVICE

You agree that the Company, in its sole discretion, may terminate your access or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with these Terms. The Company reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. The Company may suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.

12. MISCELLANEOUS

These Terms shall be construed in accordance with the laws of the State of Iowa, and the parties irrevocably consent to bring any action to enforce these Terms in the federal or state court of Dallas County, Iowa, without reference to conflicts of laws principles. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. The rights and obligations provided herein may not be assigned or delegated. If any inconsistency exists between the terms of these Terms and Conditions and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

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