Terms of Use
Kintently LLC
Terms of Use Agreement
Effective Date: January 1, 2023
Welcome to the Kintently Platform.
By visiting or registering as a user (a “Member”) of the Kintently application at Kintently.com and accessing or using any part of the Kintently website and other digital properties, including without limitation mobile websites, microsites, mobile applications, profiles on social media sites, and any other digital services or properties operated or used by Kintently from time to time (collectively referred to as the "Platform"), you agree to comply with and be bound by this Terms of Use Agreement (the "Agreement"). The Platform is owned and operated by Kintently LLC (“Kintently”). Please carefully read this Agreement and the Kintently Privacy Policy, which is incorporated herein by reference. If you do not agree to the terms of this Agreement and the Privacy Policy, you must immediately terminate use of the Platform.
REGISTRATION
Territory and Age Eligibility. You may only become a registered user of the Platform if you are located within the continental United States, Alaska and Hawaii, and are at least 18 years of age.
Registration; Authentication. You may only create one account with one profile on the Platform (your “Profile”). In order for your registration to be complete, your Profile must use your legal name and verifiable contact information (e.g., email address and telephone number registered to you).
Personal Login Information. As part of the registration, you are required to either (a) sign in and be authenticated through Facebook, Apple or Google/Gmail or (b) select and register a unique login and password ("Personal Login Information"). You must keep your Personal Login Information confidential by taking appropriate measures to maintain confidentiality, such as logging off and closing the Internet browser where you accessed the Platform, especially if you have connected to the Platform through an unsecured network (e.g., a public computer). Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. Kintently is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Kintently immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
No Discrimination; No Guaranty. Kintently operates without regard to race, color, national origin, religion, sex, sexual orientation, gender identity, marital status, age (except for eligibility), or disability.
Privacy Policy. Kintently agrees to use and protect your personal information in accordance with the Kintently Privacy Policy.
GENERAL TERMS
Limited License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Platform conditioned on your continued acceptance of, and compliance with, this Agreement.
You may not (i) use the Platform for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Platform; (ii) interfere with the proper working of the Platform including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Platform.
Kintently reserves the right to bar, restrict, or suspend any user's access to the Platform, and to terminate this license at any time for any reason. Kintently reserves any rights not explicitly granted in this Agreement.
Binding Legal Agreement. The Platform is available only to individuals who can enter into legally binding contracts under applicable law. This Agreement constitutes a legally binding agreement between you and Kintently regarding your use and access to the Platform. By gaining access to, registering with, and using the Platform, you are receiving good and valuable consideration and agree to be bound by the terms of this Agreement.
Changes to the Platform; Changes in this Agreement; Acceptance by Use. Kintently may change the Platform, its appearance, content, services, or information at any time in its sole discretion without notice. Kintently reserves the right to revise, amend, or restate this Agreement at any time in its sole discretion. Any such changes to this Agreement will be posted to the Platform with an updated version of the Agreement that reflects the effective date of the changes. Your use of the Platform signifies your acceptance of all the terms and conditions contained in the version of the Agreement posted and effective at the time of your use. You will be responsible for regularly reviewing the Agreement posted to the Platform. No revision to this Agreement will apply to a controversy or claim of which you or Kintently had actual notice of on or before the date of any such revision.
Down Time. Kintently uses commercially reasonable methods to make the Platform available without significant interruption, except for scheduled downtime needed to help maintain the effective operation of the Platform. However, difficulties with hardware, software, and equipment as well as services supplied by others may result in service interruptions.
Security. Kintently will use reasonable security measures to protect the Platform, and at least those security measures required by law. However, Kintently is not responsible for any breach of security or for the unauthorized use by others of your information.
Electronic Communications. You opt-in and consent to receive communications from Kintently electronically, including by email and SMS (all carrier fees apply), in-app notifications, push notifications, notices posted on the Platform, and other methods approved by you. You agree that all agreements, disclosures, notices, and other communications that Kintently provides to you electronically satisfy any legal requirement that such communication be in writing.
Term and Termination. This Agreement will take effect at the time you begin using the Platform. Kintently reserves the right, with or without notice, at any time and for any reason to deny you access to the Platform or to any portion thereof and to terminate this Agreement.
USER OBLIGATIONS
Compliance with Laws; Platform Behavior. You agree that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. You further agree that you will not interfere with the use and enjoyment of the Platform by other users or with Kintently’s operation and management of the Platform. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Platform. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Kintently reserves the right to terminate your access and use of the Platform. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Platform, or defame or otherwise harm any party through your use of the Platform.
In addition, you also agree that you will not use the Platform to:
upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unacceptable to Kintently;
upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person;
upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; or
harvest or otherwise collect information about others, including email addresses, without their consent.
Reporting Fraudulent Activity or Inappropriate Platform Usage or Behavior. If you become aware of or suspect fraudulent or unlawful activity or any other activity that threatens the security of the Platform, its content or operations (or any part thereof), or appears to be a misuse of or unauthorized access to any confidential information, you are obligated to immediately report the activity to Kintently. We ask that you also report to us any activity on or regarding the Platform that comes to your attention that is inappropriate, abusive, or otherwise problematic. Kintently reserves the right but not the obligation to pursue actions against any such wrongdoers. To report any of the foregoing problematic or potentially problematic activity, please contact Kintently as set forth below.
Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications. Kintently reserves the right to report to local, national, or international law enforcement agencies abuse and violations of this Agreement, including, without limitation, those that may compromise the safety of you or users of the Platform or the subjects of information sent through the Platform. Nothing in this Agreement shall be construed to prohibit or restrict Kintently from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements, or legal reporting obligations relating to your or another user’s use of the Platform, or use of information or user information.
CONTENT
Content. The content on the Platform includes videos, audio (for example voice, music, and other sounds), graphics, photos, text (such as comments and scripts), interactive features, software, metrics, and other materials (collectively, "Content”). Content may be provided to the Platform and distributed by our users and Kintently is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Platform. If you see any Content you believe does not comply with these terms, such as by violating Platform Behavior or the law, you can report it to us by flagging the content as inappropriate.
Uploading Content. If you have a Kinently account, you may be able to upload Content to the Platform. If you choose to upload Content, you must not submit to the Platform any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Platform. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant: You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Kintently and other users of the Service, as described below.
Content Rights. By providing Content to the Service, you grant to Kintently a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, modify, transform, display, communicate to the public, and perform it) for the purpose of operating, promoting, and improving the Service.
License to Other Users: You also grant each other user of the Platform a worldwide, non-exclusive, royalty-free license to access your Content through the Platform, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Platform.
Member Challenges. As a Member, you may participate in a “Challenge” by answering qualification questions and submitting a video response to the Challenge prompt. Each Challenge will disclose any financial reward associated with winning the Challenge. Kintently and its Sponsors will endeavor to disclose evaluation criteria for selecting the winner(s) for each Challenge, which may include the community popularity of the Member’s Challenge response. However, if winning a Challenge is not based on community popularity, Kintently, and the relevant Sponsor will select the winner(s) in its or their sole discretion.
Duration of License: The licenses granted by you continue until the Content is removed as described below. Once removed, the licenses will terminate, except where the operation of the Platform, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Kintently to: (a) recall Content that is being used by other users within any limited saved viewing functionality of the Platform; or (b) delete copies we reasonably need to keep for legal purposes.
Removing Your Content: You may remove your Content from the Platform at any time, but if users have saved your Content for use before you remove Content, those copies cannot be deleted. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By Kintently: If we reasonably believe that any of your Content (1) is in breach of this Agreement or (2) may cause harm to Kintently, our users, or third parties, we reserve the right to remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Kintently; (b) would compromise an investigation or the integrity or operation of the Platform; or (c) would cause harm to any user, other third parties, Kintently, or our affiliates.
Video Recordings and Images; Member Consent. You agree to grant Kintently unlimited use of your image and likeness, voice and presentation, and the content written, photographic, videographic, or commentary content of your advice (“Member Content”) for Kintently’s market analysis, product development, and presentations in internal or confidential settings, while preserving your anonymity.
Additional Uses of Member Content. If a Sponsor desires to use the Member Content for (a) a national, regional, local, or other advertising campaign intended to foster customer interest in Sponsor products or services or otherwise generate revenue from customers, or (b) any purpose other than the Included Sponsor Uses, the participating Members will be asked for additional consent for such new uses in exchange for additional compensation.
MEMBER PROFESSIONAL STANDARD OF CONDUCT
Member Standard of Conduct. You agree to conduct all communications, and other interactions related to Kintently with professionalism. Kintently professionalism includes, but is not limited to, the following principles:
Post meaningful and relevant information; and
Respect others participating on the platform; and
Avoid offensive and inappropriate language and clothing.
Violations of the Member Standard of Conduct. If you violate the Member Professional Standard of Conduct, you may be removed from the Platform at Kintently’s sole discretion.
Examples of violations of the Standard of Conduct include, but are not limited to, if you:
Promote violence against or directly attack or threaten another person;
Discriminate against another person on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease;
Seek payments or connections with members outside of Kintently or the Platform.
ADDITIONAL DATA COLLECTED FROM MEMBERS
In Place ScoreTM. If you complete your assessments to calculate an In Place Score, Kintently will (a) utilize your score information to personalize platform content and (b) make suggestions to improve your quality of life.
USE OF CONTENT ON THE PLATFORM
Proprietary Rights. The content of the Platform includes (i) Kintently's copyrighted materials, trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Kintently Marks"); and (ii) writings, compilations, information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Platform (the items identified in subsections (i), (ii), and (iii) shall be collectively referred to herein as "Kintently Content"). Kintently Content is the property of Kintently, its licensors, sponsors, partners, advertisers, content providers, or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations.
You may use and modify the information contained on the Platform and Kintently Content for personal use and the benefit of your household. Any uses, modifications, reproductions, rebroadcasts, sales or dissemination of the information contained on the Platform and Kintently Content that are not expressly permitted are prohibited. Kintently reserves the right to require any party sharing Kintently Content to discontinue, disable, or remove the content if its use violates Kintently's rights or policies, or causes interruption or deterioration of Kintently Content.
EXCLUSION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Responsibility for Use; Exclusion of Liability. Use of the Internet and the Platform is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Kintently does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Platform over the Internet or other communication network. Kintently is not obligated to correct or update the Platform or Kintently Content and is not liable for omissions, typographical errors, or out-of-date information which may appear on the Platform. Kintently is not responsible for the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
Disclaimers; No Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION AND SERVICES CONTAINED ON, USED THROUGH, OR OBTAINED FROM THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KINTENTLY DOES NOT WARRANT THAT THE INFORMATION AND SERVICES CONTAINED ON, USED THROUGH OR OBTAINED FROM THE PLATFORM ARE ACCURATE, COMPLETE, FREE FROM BUGS, DEFECTS, HARMFUL COMPONENTS, OR ERRORS, OR THAT SENT INFORMATION WILL REACH THE INTENDED DESTINATION OR REACH IT IN THE FORM INTENDED, OR THAT THE SYSTEM WILL BE ACCESSIBLE WITHOUT INTERRUPTION, OR THAT ANY SUCH DEFECTS, HARMFUL COMPONENTS, OR ERRORS WILL BE CORRECTED OR REMOVED.
KINTENTLY MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, WITH RESPECT TO THE CONTENT OR OPERATION OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO, REGARDING THE SUITABILITY, RELIABILITY, QUALITY, ACCURACY, USEFULNESS, TIMELINESS, AVAILABILITY, OPERATION, OR COMPLETENESS OF ANY INFORMATION OR SERVICES PROVIDED ON OR MADE AVAILABLE THROUGH THE PLATFORM. ADDITIONAL DISCLAIMERS MAY APPEAR ON THE PLATFORM AND ARE INCORPORATED HEREIN BY REFERENCE.
YOU ACKNOWLEDGE THAT KINTENTLY DOES NOT ENDORSE OR ACT IN A REPRESENTATIVE CAPACITY AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY AFFILIATE SITE, ANY PLATFORM USER, OR ANY THIRD PARTY.
General Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINTENTLY SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE PERFORMANCE OF THE PLATFORM, ANY DELAYS IN USING THE PLATFORM, YOUR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, SERVICES, AND RELATED CONTENT OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM.
Termination as Sole Remedy. If you are dissatisfied with any portion of Platform or this Agreement or believe you have a claim against Kintently for your use of the Platform, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Platform.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Kintently from and against all claims arising from or in any way related to your use of the Platform and Kintently Content or breach of any obligations in this Agreement, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Kintently will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this clause except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Kintently other than under this clause.
LINKS, ACCESS, AND INFORMATION RELATED TO OTHER SITES
Third-Party Information. The Platform may discuss or link to materials, information, products, and services provided by third parties. Any such information made available by third parties such as content providers and other users of the Platform are those of the respective third party and not of Kintently. Kintently makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.
Third-Party Products or Services. The Platform may contain information, advertisements, discussion about, or descriptions of products or services provided by third parties. The inclusion of such information on the Platform does not imply endorsement of these products or services. Kintently is not responsible for any loss or damage of any kind incurred as a result of the presence of such information on the Platform. Further, Kintently is not responsible or liable for the statements or conduct of any of the third parties whose products or services may be discussed or described on the Platform. Users of the Platform are solely responsible for any communications, transactions, or other relationships you have with any third party.
Links to Third-Party Websites. The Platform may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Kintently exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Platform, you do so entirely at your own risk.
Links to Social Media Sites. Kintently provides links to social media profiles on sites such as Facebook, Instagram, Twitter, LinkedIn, Google+, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. Kintently is not responsible for content or links posted by others, including registered users.
OTHER
Governing Law. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Wyoming, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Oregon, U.S.A. in all disputes arising out of or relating to the use of Kintently Platform. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Use of Kintently Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kintently as a result of this agreement or use of Kintently Platform.
Compliance with Laws. Kintently's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement will limit Kintently's ability or right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Kintently or information provided to or gathered by Kintently with respect to such use.
Entire Agreement. This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and Kintently with respect to the Platform. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Kintently with respect to the Platform.
Headings. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
No Third-Party Beneficiary. Nothing in this Agreement shall be construed to establish a basis for claims against Kintently or its officers, directors, or employees by third parties asserting status as third-party beneficiaries.
Waiver and Severability. Failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and all other provisions shall remain in full force and effect.
CONTACT INFORMATION
If you have any questions or comments relating to this Agreement, you may contact us.
By e-mail: hello@Kintently.com