Last Updated: July 6, 2022

1. Introduction

Welcome! Sunny is a free digital platform built to inspire and facilitate the daily practice of real-world social connection. Sunny operates as Sunny LLC (“Sunny“, “us“, “we“, or “our”) and is an initiative of the Barnes Family Foundation, a nonprofit organization dedicated to accelerating social innovation to create a world where everyone can thrive and flourish.

These terms and conditions (“Terms”) govern how Sunny and you will treat each other when it comes to your access and use of our website, located at sunny.org (“Site”), our mobile application or “App”, and other services provided by Sunny (collectively referred to as the “Services”).

By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, please do not use our Services.

2. Privacy Policy

Sunny’s Privacy Policy https://www.gosunny.org/privacy/ explains how we treat your personal data and how we protect your privacy when you use our Services. By using our Services, you agree that Sunny can use the data you provide in accordance with our Privacy Policy.

3. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY

• No Medical or Psychiatric Advice or Treatment. Our Services, are intended only to inform you about social connection and other topics, are broad in scope, and do not consider your personal medical or psychiatric situation. Sunny does not engage in diagnosis or treatment. The content presented through the Services is in no way intended to be medical or psychiatric advice of treatment and is not provided for the purpose of diagnosis or treatment. Nor is it a substitute for medical or psychiatric treatment.
• Not a Substitute for Professional Medical or Psychiatric Advice. The Services are not, and should never be, a substitute for the advice of a licensed healthcare provider or medical professional. Use of Services does not establish a doctor-patient relationship. All content that is made available by and through the Services should be discussed and confirmed with your physician, psychiatrist, therapist, or other healthcare provider before adopting any wellness program, exercise program, or other program, whether offered on the Site, the App, through the Services, or otherwise. Use of the Site, App, Services, and content is at your own risk. Information and statements regarding some of the Services featured by and through Services have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or psychological disorder.

4. Your Access and Use of Our Services

Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Pursuant to these Terms and other relevant Sunny policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to access and use our Services for your own personal use only. Using any of the Services or information provided for commercial uses is strictly prohibited. Sunny reserves the right to revoke permission to access and use our Services at any time.

You and other users of the Services may have the ability to post stories, pictures and other content on the Site or the App (“User Generated Content”). By posting User Generated Content you represent and warrant that such content is your own personal creation and is not owned by and does not infringe upon any other person’s rights, including intellectual and privacy rights. You agree to indemnify, defend, and hold harmless Sunny, the Barnes Family Foundation and each of their respective employees, officers, and directors, from and against any and all claims that may arise from or relate to your User Generated Content. If you believe that any User Generated Content or other content posted on the Site violates your or anyone else’s intellectual property rights, send a notice to Sunny at the address below, Attn: Copyright, identifying (i) the content in question, (ii) the location of the content, and (iii) the supposed owner of the content, and Sunny will investigate.

5. Prohibited Behavior

Access and use of the Services is subject to all applicable international, federal, state, and local laws and regulations. You agree not to use the Services in any way that violates such laws or regulations or in any other manner inconsistent with the purposes of the Services or Sunny.

You may not republish, upload, post, transmit or distribute content from the Services (which might include third party content) (“Content”) to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.

In addition, in connection with your use of the Services, you agree not to:

• Use the Services for any unlawful or unauthorized purpose;
• Create an account with false information;
• Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any Content accessible through the Services, features that enforce limitations on the use of the Services, or delete the copyright or other proprietary rights notices on the Services;
• Secretly use the Services to track or collect any information regarding another person;
• Modify, move, add to, delete, or otherwise tamper with the information contained in Sunny’s Services;
• Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Services;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• Harvest or collect information about users to the Site without their express consent;
• Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of another; and
• Cause or facilitate or aid any third party to engage in the restricted activities above or otherwise outlined herein.

6. Account Creation

While certain parts of the Services may be accessible without creating an account, other portions may require you to do so. In such cases, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site or App (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registra