Terms & Conditions

This Terms of Use was last revised on August 17th, 2010.

Welcome to the kiimby community website (“Website”). kiimby, which is an abbreviation for “Keep It In My Backyard,” empowers individuals to express and act on their interests and passions for and within their local community, and to help get to know others that share their same interests and passions for their local community. The heart and soul of the kiimby community site and service is a micro-donation engine that helps individuals support local non-profit organizations they care about, while at the same time supporting the vibrant local businesses that give communities so much of their character and uniqueness. There are three (3) kiimby member profile types: 1) individual folks (“Users”), 2) local oriented non-profit members, and 3) local business members. All three profile types are generally referred to as “Members.” kiimby Users register with the Website to support up to three (3) local oriented non-profit members they care about, and then generate micro-donations for their selected non-profits by shopping at kiimby local business members and using their kiimby loyalty card. Local business members decide on the micro-donation percentages and then give a portion of the sale based on that percentage to the non-profits designated in the Users profile found at the kiimby Website. Users also generate kiimby points from a variety of activities, including but not limited to: shopping at kiimby member local businesses, volunteering at kiimby member non-profits, updating their user profile at the Website, participating and playing in kiimby “treasure hunts,” and the like. What activities result in the awarding of kiimby points may change over time. Within the Website kiimby member local business and non-profit users can share messages, video, photos, and other media related to kiimby as well as their own organizations. Individual users will also be able to seek out other like-minded individuals. The kiimby community website and service at http://www.kiimby.com (collectively, "Website") are wholly owned, operated and provided by the LittleFeet Company, LLC. (understood as "kiimby" or "we" in the Terms of Use).

By using the Website or clicking on the "Join Now" button, you (generally meaning any "Member" unless explicitly stated otherwise) agree to these Terms of Use ("Terms") and the kiimby Privacy Policy available at http://www.kiimby.com/privacy. If you do not agree, you do not have permission to use the Website.

1. Registration

We invite you to register at the Website. If you do not register, you may not be able to use all of the features of the Website. If you register, you agree to provide true, accurate and complete information about yourself, except that you may not want to use your full, actual name for your username. You also agree to update registration information you provide to maintain its truth, accuracy and completeness.

2. Your Password

If you register, you will be asked to provide a password, which you should keep secure and secret. You agree that you are solely liable and legally responsible for all actions taken via your password, whether or not made with your knowledge or authority. If you suspect that someone may have obtained your password, you should change your password.

3. Acceptable Use

kiimby hereby grants individual and local oriented non-profits the right to access and use the Website and service only for the purposes of sharing information for non-commercial uses in accordance with the Terms. Local business members participate in the kiimby community site and service both for the purpose of charitable giving of micro-donations on behalf of their kiimby member customers to non-profit members and for commercial marketing services in accordance with the Terms. Individual members may register to direct support to non-profit members. While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations. Your use of any Materials and the rest of the Website is your sole responsibility.

Members may upload, post, and/or distribute to their profile, kiimby, forums, communities, other portions of the Website, or to others via the Website information, text, data, photos, audio, video, images, graphics, links, logos, votes, and other content or materials ("Materials") in accordance with the Terms.

All content of the Website, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or Materials, associated technology and software, and the look and feel of the Website (collectively "Content"), are the proprietary property of kiimby, which is owned by the LittleFeet Company, LLC or its licensors. Any rights to Content not expressly granted to you herein are reserved by kiimby. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel (Whaaa&$%!! For a definition of this obfusticating legal term, click here, but note the definition is only slight less obfusticating), implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Website and/or Content in any form or by any means, in whole or in part, without express written permission from kiimby, and any such use is strictly prohibited, except in regards to you own Materials posted on the Website in accordance with the Terms or as expressly allowed in these Terms. Unless you have received specific written permission from kiimby, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials displayed on the Website or (b) alter or modify any Content on the Website.

The Website may allow you to upload, post, and/or distribute Materials, use the Website, view, copy or download Content and Materials for your personal, non-commercial use, subject to the following conditions:

1. You understand that all your Materials and the consequences of such posting Materials are your sole responsibility and are subject to the Terms and the kiimby Privacy Policy available at http://www.kiimby.com/privacy.
2. You understand that by using the Website you may be exposed to Materials that are offensive, objectionable or indecent. kiimby may, but is not obligated to, preview or review any Materials and, in its sole discretion, block or remove without notice Materials that violate the Terms or are otherwise objectionable from the Website. However, failure to block or remove any Materials is not an endorsement, warranty, representation, or guarantee regarding such Materials.
3. You represent and warrant that your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
4. Unless expressly allowed in the Terms or you receive prior written consent from kiimby, Individual Members  shall not upload to, distribute through, or otherwise publish through the Website any Materials that are commercial in nature or Materials that contain any solicitation of funds (except by or on behalf of nonprofits), promotion, advertising or solicitation for goods or services without kiimby's express written consent. Although  it is understood part of the purpose of kiimby local business members participating in the Website and service is to promote and advertise their businesses to Users who explicitly care about local businesses, local business members must have kiimby's express written consent to market their business through the Website and service.
5. By posting, uploading or otherwise distributing your Materials on the Website, you explicitly consent that other users of the Website may access, display, view, store, and/or download such Materials, and post or forward such Materials to others who may or may not be registered Members of the Website and you hereby grant (and represent and warrant that you have all necessary rights to grant) to kiimby a perpetual, sub-license, transferable, world-wide, non-exclusive, royalty free, license to all your rights in the Materials (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such Materials and incorporate such Materials into other works in any form, media or technology. By providing Materials to the Website, you hereby permit kiimby to identify you as the provider of such Materials in any form, media and technology. You may revoke this license in regard to the right to display your Materials by removing your Materials from the Website. If you provide your email address at the Website, we may use your email address to contact you and notify you of any Website news. You can choose which types of email you receive from us by changing your account settings at the Website. Generally, you cannot opt-out of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account.
6. You agree that kiimby has no liability or responsibility for the storage or deletion of any Materials that you submit or post or emails you send through the Website. kiimby reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
7. According to kiimby's Rules for Online Conduct, you also agree not to (or attempt to):

1. "stalk" or otherwise harass anyone;
2. upload, distribute, or otherwise publish any Materials to or through the Website that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
3. post, upload, or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
4. post, upload or otherwise distribute any private, personally identifiable, financial, voting, confidential, or proprietary information of another individual or entity without their written express permission;
5. collect personal data about other users for commercial or unlawful purposes;
6. use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Website, unless expressly permitted by kiimby;
7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. upload, post or distribute any Materials which, in kiimby 's sole determination, are indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law;
9. attempt to gain unauthorized access to kiimby's computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Website and service;
10. create multiple user accounts by automated means or under false or fraudulent pretenses;
11. remove or obscure any copyright or other proprietary notices from the Content;

1. without the express written consent of kiimby, republish Content on any Internet, Intranet or Extranet website or incorporate the Content in any other database or compilation (except for your Materials);

12. sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise make unauthorized use of any Content, which is protected by trademarks, copyrights, trade dress or other intellectual property rights; or
13. access, use, modify, copy, reverse engineer, or otherwise derive the source code of any software associated with the Website.
14. without the express written consent of kiimby, post a main kiimby photo that includes corporate branding (including name, logo, and other visual representations of the company).

4. No Representations, Warranties or Endorsements

The content and materials provided on the Website or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any content or materials on the website does not constitute or indicate kiimby's endorsement, representation or warranty of such information (which may include organization descriptions and missions, donation amounts) or its accuracy, completeness, or timeliness. Through the website (including materials, content, and emails), you may receive access to individuals, entities and/or other Members; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and kiimby is not involved in any transactions or dealings you have with any third parties.

5. 5Intellectual Property

The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or the Website itself are owned or licensed by kiimby. Except as expressly provided herein, neither kiimby nor its licensors confers upon you by implication, estoppel (there's that word again!), or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content and/or Website.

kiimby reserves the right to block, disable, or otherwise remove any Materials from Website as well as terminate access to the Website if you engage in copyright or other intellectual property infringement or for any other reason.

If you believe that any Content or Materials on the Website infringe your copyrights, contact kiimby's copyright agent, who can be reached by mail at: [Copyright Department], kiimby, Inc., PO Box 4266, Austin, TX 78765, by telephone at (512-524-7492); or email at copyright@kiimby.com.

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the signing have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe

6. Indemnity

You agree to indemnify, defend, and hold kiimby and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Website; interaction with kiimby, companies or organizations that advertise or solicit donations on the Website; violation of these Terms; or violation of any third party's intellectual property, privacy or other rights.

7. Disclaimer of Warranties

Except if expressly provided otherwise in the terms, the website (including without limitation, all content, materials (and material linked thereto), advertisements, links, and emails) is provided to you "as is" and "as available" without warranty of any kind. kiimby does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. kiimby hereby disclaims to the maximum extent permitted by law: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the website; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the website; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the website. kiimby is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the website does not contain any legal, tax, or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional. kiimby is involved with the processing of donations of money as may be arranged by third parties on the website; therefore, kiimby is responsible for ensuring any micro-donation transactions associated with any qualified sales a kiimby user conducts at a kiimby member local business member is transferred to the kiimby non-profit members of the kiimby users choice, or to the monthly featured non-profit member in the event the kiimby user has not selected one or more supported non-profits in their kiimby profile. kiimby will distribute micro-donations to designated member non-profits at either the point the aggregated micro-donations total $100 for a given member non-profit, or once per quarter based on which events occurs first.

8. Assumption of Risks

Your interactions with Members or other third parties (including advertisers, kiimby, other Members, non-profits, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these other Members or third parties. You agree that kiimby shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Members of this Website, or between a Member and any third party, you understand and agree that kiimby is under no obligation to become involved and is not subject to any liability.

9. Liability Limitation

To the maximum extent allowed by law, you agree that neither kiimby, nor any of its affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if kiimby has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the website must be brought within one year of the date on which liability arose.

10. Links

kiimby and Website users may provide links to third party websites (including advertisers and others) on the Website. Third parties are not under the control of kiimby and kiimby is not responsible for their content or conduct. If you access a third party website from the Website, you do so at your own risk. kiimby provides links as a convenience and the inclusion of the link does not indicate or imply that kiimby endorses, represents, warrants, or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Website, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that kiimby shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

11. Donations to non-profits U.S. non-profits

kiimby offers Users a way to generate micro-donations for Non-profit Members designated by the User as a result of the User shopping at participating local business Members. Business members set the micro-donation percentage they give to non-profit members as designated by the Users. For Users to direct the micro-donations to their favorite non-profit Members, they must have a profile at the Website, selected up to three (3) non-profit members to support, and have registered their kiimby card number with their profile at the Website. Users may use an unregistered kiimby card when they make purchases at a local business Member, but any and all micro-donations generated from the use of an unregistered kiimby card will go to the Featured Monthly non-profit member as defined by kiimby. In addition, the kiimby User is not eligible for being awarded kiimby points on unregistered card transactions. By all Members participating in the kiimby Website and service all Members agree to these Terms, including without limitation this Section 11. You understand that your contribution is being made to kiimby, which will distribute micro-donations from local business members to non-profit member(s) indicated by individual Members. As required by the Internal Revenue Service (“IRS”), kiimby has exclusive legal control over the donation. In the rare event that a non-profit you have designated does not satisfy kiimby’s criteria for receiving donations (i.e., it has been classified by the IRS as a disqualified supporting organization, it cannot or does not accept donations, is not recognized by the IRS as a public non-profit, or is not in good standing with federal and state regulators), kiimby will select an alternate non-profit to receive your donation funds. If you have questions about your donation, please contact a customer service representative at support@kiimby.com.

Local business members agree that kiimby will deduct a small transaction fee in addition to your micro-donation amount to market Member local businesses, and cover other associated costs; and that this fee is deducted before kiimby disburses your donation to the non-profit, and is in addition to your micro-donation amount to the non-profit member. kiimby does profit from the fee . If you have questions related to the donation process, please contact kiimby at support@kiimby.com.

12. International Use

This Website is controlled and operated from within the United States. kiimby makes no representation that the Website is appropriate or available in locations outside the United States. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.

13. Entire Agreement

The Terms and Privacy Policy, as amended from time to time, constitute the entire agreement between you and kiimby. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We reserve the right, at its discretion, to modify these Terms at any time. Changes to these Terms will be posted on the Website or sent to you via e-mail. All changes are effective upon posting to the Website. Your continued use of the Website following a posting of changes is your agreement to the changes and you are bound by the then-current version of these Terms. If any changes to these Terms are unacceptable to you, you must discontinue use of the Website. kiimby reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these Terms. kiimby also reserves the right to change the Website without notice to you, at any time.

14. General

If you are registering on the Website as a business entity, you represent that you have the authority to bind the entity to this Agreement. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the appropriate court located in Travis County, Texas and the parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. kiimby may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. You and kiimby are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

15. Termination

kiimby reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Website and/or remove any registration information or Materials from the Website, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and kiimby's rights and disclaimers survive, but your right to use the Website immediately ceases. kiimby's failure to act with respect to a breach by you or others does not waive kiimby's right to act with respect to subsequent or similar breaches.

16. Protection of Children

You must not use or register on this Website if you are under the age of 13. If you use the Website, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children's Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.