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 Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) agree to receive emails and texts from Sunny from which you may opt out (unsubscribe) at any time.

Registration Data will be governed by the Sunny Privacy Policy https://www.gosunny.org/privacy. As such, you agree that all information you provide will be subject to the Privacy Policy and you consent to any actions we take with respect to the Registration Data consistent with our Privacy Policy.

7. Account Security

You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your password or other security information.

You agree to notify us immediately of any unauthorized access to or use of your password or account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

8. Updates to our Terms

We reserve the right to update these Terms from time to time without prior notice. We will notify you when we make changes to these Terms by posting the revised Terms and by revising the “Last Updated” date at the top of this page.

All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.

9. Sunny Intellectual Property Rights

All intellectual property rights in the Services are owned by or under license to Sunny, or its affiliated entities, absolutely and in their entirety. These rights include and are not limited to the Content, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All intellectual property of Sunny, or its licensors, is protected by copyright, trademark, and other intellectual property laws. All other trademarks, logos, service marks, company or product names set forth in the Services are the property of their respective owners.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Feedback”) provided by you to us are non-confidential and shall become the sole property of Sunny, and Sunny shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through the Services for commercial or public purposes. You may not use our trademarks for any purpose including, but not limited to use as hot links or meta tags in other pages or Services on the World Wide Web without the written permission of Sunny. Nothing contained on these Services shall be construed as conferring on you or any third party any license or right, by implication, estoppel, or otherwise, under any law, rule, or regulation.

10. Sunny Money

Sunny coins are virtual tokens that are triggered when you complete certain actions through our App. The Sunny coins are converted into or correlate to donations by Sunny or others to 501(c)3 non-profit organizations.

Please note that Sunny coins (i) are not your property and you do not control them or have any ownership interest in them, (ii) have no monetary value, (iii) cannot under any circumstances be exchanged for cash, and (iv) may only be used by Sunny in connection with the Sunny Money program. Sunny reserves the right to modify, suspend or terminate the Sunny Money program at any time, at its sole discretion.

11. Links to Third Party Services

Our Services may contain links to other websites. These third-party websites are not run by us and have their own site terms of use and privacy policies. We suggest that you carefully review the terms of use and privacy policies of each site you choose to access from our Services. We have no control over the content of third-party sites and accept no responsibility for them and hereby disclaim all liability related to them. If you decide to access any third-party sites, you do so entirely at your own risk and will be subject to their terms and conditions.

12. NO WARRANTIES; DISCLAIMERS

WE REALLY HOPE YOU ENJOY THE SITE AND APP AND ALSO HOPE THEY FUNCTION PROPERLY. HOWEVER, YOUR ACCESS TO AND USE OF THE SITE AND APP IS AT YOUR SOLE RISK.

THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY. SUNNY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (COLLECTIVELY THE “SUNNY PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUNNY EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: 1) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; 2) THIRD PARTY COMMUNICATIONS; 3) ANY THIRD PARTY WEB SERVICES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; 4) THE UNAVAILABILITY OF THESE SERVICES, THE CONTENT, OR ANY PORTION THEREOF; 5) YOUR USE OF THESE SERVICES OR THE CONTENT; 6) THE TIMELESSNESS, DELETION, MISS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTING; OR 6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THESE SERVICES, THE INTERACTIVE AREAS OR THE CONTENT. SUNNY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, AND ANY DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES. YOU ASSUME SOLE AND TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SUNNY, WHETHER MADE ON OUR SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.

13. LIMITATION OF LIABILITY

THE SUNNY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE APP, AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED THROUGH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SUNNY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES.

14. INDEMNIFICATION

You agree to indemnify, defend and hold Sunny harmless from and against any and all claims, damages, losses, costs, liabilities, judgments, settlements and expenses, including reasonable attorneys’ fees, resulting from: (a) your use of the Services or activities in connection with the App; (b) your breach or alleged breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your device used to access the Services, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; or (e) any misrepresentation made by you.

You will cooperate as fully required by Sunny in the defense of any claim. Notwithstanding the foregoing, Sunny retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action that are brought against it. Sunny reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Sunny.

15. Account Termination

You understand and agree that Sunny may, in its sole discretion and without prior notice to you, terminate your access to and use of the Services. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of copyrights or other intellectual property.

16. Security

The security of information transmitted through the Internet can never be guaranteed. Sunny is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Services. We expressly disclaim liability arising from the unauthorized use of your account. To protect you and your data, we may suspend your use of the Services, without notice, pending an investigation, if any breach of security is suspected.

Should you suspect that any unauthorized party may be using your account, or you suspect any other breach of security, you agree to notify us immediately.

17. Miscellaneous

• Entire Agreement. These Terms and any other policies posted on the Services constitute the entire agreement and supersede all other agreements between Sunny and you relating to this subject matter.
• Assignment. We may assign or delegate our rights or obligations under these Terms or our Privacy Policy to any person or entity at any time with or without your consent. You may not give, assign, or delegate your rights or obligations under these Terms or our Privacy Policy without our prior written consent. Any attempt to assign your rights or obligations without our written consent is void.
• Governing Law and Jurisdiction. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS WILL BE GOVERNED BY NEW YORK LAW, EXCLUDING NEW YORK’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, USA; YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
• No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Services will be resolved individually, without resort to any form of class action.
• Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect.
• Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, intellectual property ownership provisions, disclaimer of warranties, and limitations of liability.
• No Waiver. Sunny will not be treated as having waived any rights by not exercising, (or delaying exercise of) any rights under these Terms.
• Notices. You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail, or by posting Notices on the Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. All official notices given by you or required from you under these Terms must be in writing and sent to the address below. Notices provided without compliance with this subsection will have no legal effect.

18. Contact Us

If you have any questions, please contact us at: Sunny LLC PO Box 1334 Bethlehem, PA 18016