Terms and
Conditions

JUST A KIDNEY TERMS AND CONDITIONS OF USE

Hello all!  Welcome to Just a Kidney’s Terms and Conditions of Use (these “Terms”).  Please take a moment to read these Terms before enjoying our App, because once you access, view or use our App, you are going to be legally bound by these Terms.   

 

1. JUST A KIDNEY RULES

Before you can use our awesome App, you will need to register for an Account. In order to create an Account you must be 18 years or older.

You can create an account using your cellphone or by using your Facebook or Google login information.  If you create your account using Facebook or Google, you authorize us to access, display and use your information from those accounts. For more information about what information we use and how we use it, please check out our Privacy Policy.

Unfortunately, we cannot allow you to use another person’s Account without permission.

We hope that you will want to stay and enjoy what Just a Kidney has to offer but if you feel the need to leave, you can delete your Account at any time.  Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App.  We will save your profile information in case you realize you miss us and you decide to restore your Account (which you can do within 30 days of deactivating your Account).  If you delete your Account and try to create a new Account within this time period using the same credentials, we will reactivate  your Account for you.  We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses, at any time without liability and without the need to give you prior notice.

You may not access, tamper with or use non public areas of the App or our systems.  Certain portions of the App may not be accessible if you have not registered for an Account.

2. TYPES OF CONTENT

There are three types of content that you will be able to access on the App:

1. Content that you upload and provide “Your Content”
2. Content that members provide “Member Content”
3. Content that Just a Kidney provides “Our Content”

There is certain content we do not allow on Just a Kidney

We want our users to be able to express themselves as much as possible and post all sorts of things on Just a Kidney but we have to impose restrictions on certain content which:

• Contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy another person.
• Is obscene, pornographic, violent or otherwise may offend human dignity.
• Is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry.
• Encourages any illegal activity including, terrorism, inciting racial hatred or committing a criminal offense.
• Is defamatory or libelous.
• Relates to commercial activities including sales, links to other websites, competitions and advertising.
• Involves the transmission of “junk” mail or “spam”.
• Contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of our software, hardware, telecommunications, networks, servers or other equipment.
• Itself or the posting of which infringes any third party’s rights (including intellectual property rights and privacy rights).
• Shows another person which was created or distributed without that person’s consent.

Just a Kidney operates a zero tolerance policy for this kind of content.

YOUR CONTENT

As your content is unique, you are responsible and liable for Your Content and will indemnify, defend, release and hold us harmless from any claims made in connection with Your Content.  Sorry that was a bit of a mouthful but you are what you post!

As Just a Kidney is a public community, Your Content will be visible to other users of the App instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (i.e individuals who receive a link to a user’s profile or shared content from other Just a Kidney Users). By uploading Your Content on Just a Kidney, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We have the right to remove, edit, limit or block access to any of Your Content at any time and we have no obligation to display or review Your Content.

MEMBER CONTENT

Other members of Just a Kidney will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users' Member Content, and you may only use other Just a Kidney users' personal information to the extent that your use of it matches Just a Kidney’s purpose of connecting living donors to transplant recipients. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.

OUR CONTENT

You may be wondering what happens to the rest of the Content on Just a Kidney. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Just a Kidney are owned, controlled or licensed by us and are protected by intellectual property law rights. All rights, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

1. You shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App.
2. You shall not use our name in meta tags, keywords and/or hidden text.
3. You shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way.
4. You shall use Our Content for lawful purposes only.

We reserve all other rights.

3. RESTRICTIONS ON THE APP

You agree to:

• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements.
• Use your real name on your profile.
• Use the services in a professional manner.

You agree that you will not:

• Act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory.
• Misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity.
• Disclose information that you do not have the consent to disclose.
• Create or operate a pyramid scheme, fraud or other similar practice.

We don't like users misbehaving in our Just a Kidney community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us.

Also, we don't appreciate users doing bad things to Just a Kidney - we've worked hard on our creation, so scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

4. PRIVACY

For information about how Just a Kidney collects, uses, and shares your personal data, please check out our Privacy Policy – this is important stuff, and makes for great bedtime reading! By using Just a Kidney, you agree that we can use such data in accordance with our Privacy Policy.

5. PUSH NOTIFICATIONS

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or Just a Kidney services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at info@justakidney.com.

6. DISCLAIMER

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. JUST A KIDNEY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. JUST A KIDNEY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

7. INDEMNITY

All the actions you make and information you post on Just a Kidney remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

1. Any negligent acts, omissions or willful misconduct by you.
2. Your access to and use of the App.
3. The uploading or submission of Content to the App by you.
4. Any breach of these Terms by you.
5. Your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

8. MISCELLANEOUS

There are a few more things we need to mention before you can use Just a Kidney. Please bear with us, we're almost done!

Firstly, those standard clauses at the end of most contracts.

These Terms, which we may amend from time to time, constitute the entire agreement between you and Just a Kidney. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Just a Kidney has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Just a Kidney and provides that information on an "as is", "as available" basis. Just a Kidney does not give or make any warranty or representation of any kind about the information contained on Just a Kidney, whether express or implied. Use of Just a Kidney and the materials available on it is at your sole risk. Just a Kidney can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Just a Kidney is free of viruses or other harmful components. You accept that Just a Kidney will not be provided uninterrupted or error free, that defects may not be corrected or that Just a Kidney, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Just a Kidney is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

We know our Terms are awesome, but we may have to change them now and again.

As Just a Kidney grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of Just a Kidney following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Just a Kidney immediately.

EFFECTIVE DATE

The Terms were last updated on September 7, 2020