These Terms of Service (“Terms”) govern the relationship between you (“you”) and Kindling’s (“Spigit, Inc.,” “Kindling,” “we,” “our,” or “us”) websites, services, and applications (“Service”).
The relationship between the organization who granted you access to the Service (“Organization”) and Kindling is governed by the Agreement between both parties. The Agreement describes the responsibilities of both parties, including data retention and, if required, payments necessary to maintain access to the Service.
Your access to, and use of, the Service is conditioned upon your acceptance and compliance with these Terms.
Some areas of the Service allow you to post or upload information, text, graphics, or other material (“Content” or, when posted by you, “your Content”), and to share your Content with others. All user-supplied Content, including your Content, is owned by the Organization providing you access to the Service. Kindling has no ownership rights over user-supplied Content, including your Content.
You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree any Content you post does not, and will not, violate any rights of any kind, including without limitation intellectual property or privacy rights.
You agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute your content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as is necessary to conform and adapt that Content to any requirements or limitations of any network(s), device(s), service(s) or media.
We will take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of your data. Kindling uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You agree you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (b) interfere with or disrupt our Service or networks connected to our website or through the use of our Service, or disobey any requirements, procedures, policies, or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way.
Kindling alone (and its licensors, where applicable) shall own all right, title, and interest, including all related Intellectual Property Rights, in and to Kindling, the Service and any suggestions, enhancement requests, feedback, recommendations, or other information provided by you, or any other party, relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in, or related to, the Service, Kindling, or the Intellectual Property Rights owned by Kindling. The Kindling name, logo, and the product names associated with Kindling are trademarks of Spigit, Inc., and no right or license is granted to use them.
Kindling hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own business purposes.
You will not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) "frame" or "mirror" any Content on any other server or wireless or Internet-based device, without the express written consent of Kindling; or (iv) reverse engineer or access the Service in order to: (a) build a competitive product or service; (b) build a product using similar ideas; features, functions, or graphics of the Service; or (c) copy any ideas, features, functions, or graphics of the Service.
Changes to this Agreement
Kindling may periodically update these Terms. We will notify you of any material changes to our Terms by email to your email address in our records or by prominently notifying you on our website or the Kindling application. If you have any questions about these Terms, please contact email@example.com.