Terms & Conditions
Website Terms & Conditions
Last revised as of October 21, 2013
These Website Terms & Conditions (“Terms”) only apply to the use of certain websites which are owned and/or operated by or on behalf of Kaleidoscope, Inc. (“Kaleidoscope”) (each, the “Site”, and collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein. Kaleidoscope values your interest in its services and appreciates your visit to its Sites.
When we refer to “Kaleidoscope,” “we,” “us,” or “our,” we mean Kaleidoscope, Inc. or the specific department that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Kaleidoscope makes this Site available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this Site, you acknowledge that you, the individual you of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, to which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to the Terms, you are not authorized to access, browse or otherwise use this Site.
Kaleidoscope, at its sole discretion, reserves the right to alter or change these Terms at any time. Any modifications will become effective when posted on this Site. By using this Site after any changes in these Terms, you agree to be legally bound by the Terms as amended. Therefore, you should frequently revisit this page to determine the present terms and conditions to which you are legally bound.
Kaleidoscope may terminate your right to use this Site without cause at any time and effective immediately. In addition, Kaleidoscope may terminate your right to use any of its Sites immediately and without notice for violation of any part of these Terms. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF INFORMATION AND CONTENT
All information and content provided on this Site, whether explicitly marked or not, are the property of Kaleidoscope, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the Site.
All trademarks, servicemarks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by Kaleidoscope, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Kaleidoscope. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Kaleidoscope, is strictly prohibited.
Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Kaleidoscope or any third party. You are not permitted to create a hyperlink to any page or portion of this Site or frame any page or portion of this Site without the prior written permission of Kaleidoscope. Any use of the information, content or Marks provided on this Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
TERMS SPECIFIC TO ECOMMERCE-ENABLED SITES
The terms identified below under this section apply to the Sites in which products and/or services can be purchased.
YOU REPRESENT AND WARRANT TO KALEIDOSCOPE THAT YOU ARE AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS ON YOUR BEHALF OR ON BEHALF OF THE ENTITY THAT YOU REPRESENT. By ordering merchandise or services on this Site, you shall be deemed to have ordered the specified merchandise and/or services from Kaleidoscope pursuant to these Terms. The acceptance and fulfillment by Kaleidoscope of any order placed on this Site is subject to your acceptance of and compliance with all of these Terms. All other contrary terms and conditions are hereby rejected by Kaleidoscope, and no addition or modification to these Terms shall be binding unless specifically agreed to in writing by Kaleidoscope. You accept these Terms by placing an order through this Site or by receiving delivery of any merchandise ordered by you from this Site. Kaleidoscope’s acceptance of any order by you are made only with the express understanding that these Terms shall govern any order through this Site by you.
To purchase any merchandise and/or services on this Site, you must be at least eighteen (18) years of age. Prior to the purchase of any merchandise or services on this Site, you must provide Kaleidoscope with a valid credit card number (or other payment method acceptable to Kaleidoscope) and related payment information including all of the following: (i) your name exactly as it appears on the credit card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your credit card. By submitting that information to Kaleidoscope, you hereby agree that you authorize Kaleidoscope to charge your credit card at Kaleidoscope’s convenience but within 1 day of credit card authorization. All sales of merchandise and services hereunder are final, and all charges from those sales are nonrefundable.
All prices on this Site are quoted in U.S. currency, are valid and effective only in the United States, and are subject to change at any time without notice.
You shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the merchandise or services, including, but not limited to, sales tax, use tax, retailer’s occupational tax, and value added tax. Kaleidoscope shall automatically charge your credit card and withhold the applicable sales tax for orders to be delivered to addresses in any states or localities that it deems is required.
Kaleidoscope shall have the right to refuse or cancel any orders for merchandise and/or services listed at an incorrect price or rebate amount, or containing any other incorrect information or typographical errors. Kaleidoscope shall have the right to refuse or cancel any such orders whether or not the order has been accepted by Kaleidoscope and/or your credit card has been debited. If your credit card has already been charged for the order and your order is refused or canceled, Kaleidoscope shall promptly issue a credit to your credit card account in the amount of the charge.
All payments for Orders on this Site must be made by VISA, MasterCard, American Express, or Discover Network. Except as may be expressly set forth on this Site, Kaleidoscope does not accept any other payment form. Your credit card agreement with the issuer of such card shall govern your use of such credit card, and you must look only to that agreement and not these Terms to determine your rights and obligations relating thereto. You agrees to pay all fees and charges, including taxes incurred in connection with your orders at the rates in effect when the charges were incurred. Unless you notifies Kaleidoscope of any discrepancies in charges for orders under this Site within sixty (60) days after they first appear on your credit card statement, You agree that they will be deemed accepted by you for all purposes hereunder. In the event Kaleidoscope does not receive payment from your credit card issuer or its agent, you shall pay all amounts due upon demand by Kaleidoscope. You shall remain responsible for any unauthorized charges to or orders using your credit card including by a third party.
KALEIDOSCOPE RESERVES THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE ITS ORDERING AND BILLING PROCEDURES EFFECTIVE UPON POSTING ON THIS WEBSITE.
Kaleidoscope makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
YOUR CONTRIBUTIONS TO THE SITE
There may be opportunities for you to contribute information, data or materials to the Site. These may include, among others, uploading your you profile, participating in chats, using our bulletin boards, etc. which collectively, we call “Content”. Kaleidoscope is not liable or responsible for any Content provided by its users or other third parties to the Site (“User Content”). The contributions of third parties do not necessarily represent the view or opinions of Kaleidoscope. Kaleidoscope cannot preview User Content before it appears. You can be held liable for any illegal or prohibited User Content you provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at [firstname.lastname@example.org]. We will investigate your claim promptly and may then take the actions deemed appropriate.
LINKS AND SEARCH RESULTS
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third party sites throughout the World Wide Web. Kaleidoscope has no control over these sites or the content within them. Kaleidoscope cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Kaleidoscope does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against Kaleidoscope or its officers, employees, directors or agents for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at [email@example.com] and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about or purchase products or services of Kaleidoscope. You must obtain our prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Kaleidoscope products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any users known or reasonably believed to be in violation of this provision.
VIOLATION OF THESE TERMS
You understand and agree that in Kaleidoscope’s sole discretion, and without prior notice, we may terminate your access to the Site, cancel your order or exercise any other remedy available and remove any unauthorized User Content, if we believe that the User Content you provided has violated or is inconsistent with these Terms or violated the rights of Kaleidoscope, another user, or the law. You agree that monetary damages may not provide a sufficient remedy to Kaleidoscope for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Kaleidoscope may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
Kaleidoscope is not responsible for the products, services, actions or failure to act of any third party referenced on the Site except as specifically set forth herein. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Kaleidoscope at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
ADOPTION OF ADDITIONAL TERMS
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any of the Sites, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES OFFERED ON THIS SITE IS AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE, INCLUDING CONTENT PROVIDED BY THIRD PARTY ADVERTISERS AND SPONSORS ON THIS SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT WILL KALEIDOSCOPE, ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS SITE OR THE INFORMATION, CONTENT DOCUMENTS OR SOFTWARE THEREOF, EVEN IF KALEIDOSCOPE, ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST KALEIDOSCOPE IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES.
Without limiting the above disclaimers, Kaleidoscope, its subsidiaries, affiliated companies, employees, officers, directors and joint partners: (1) make no warranties or representations whatsoever concerning this Site or any other Internet website, the access to, or the availability or use of, this website or any other Internet website, the information and content from whatever source posted on or referred to in this Site or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet website is, or the information or content from whatever source available for use or downloading are free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
This Site may use hyperlinks as a convenience to you so that certain reference material, Kaleidoscope-related subjects and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by Kaleidoscope. Hyperlinks and references to other websites, including any Kaleidoscope-affiliated entity, do not constitute sponsorship, endorsement or approval by Kaleidoscope of the information, content, policies or practices of such linked or referenced websites. Kaleidoscope, its subsidiaries, affiliated companies, employees, officers, directors and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.
Kaleidoscope has no obligation to update any information or content on this Site. Accordingly, Kaleidoscope, its subsidiaries, affiliated companies, employees, officers, directors and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at the user’s own risk.
You warrant to Kaleidoscope that you will not attempt to gain unauthorized access to any services offered by Kaleidoscope or computer systems or networks connected to any Kaleidoscope server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Kaleidoscope. When using the Site, you agree not to pretend to be someone else or spoof their identity.
You agree to defend, indemnify, save and hold harmless Kaleidoscope, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or services you may have obtained on one of our Sites.
Kaleidoscope controls its Site (excluding linked sites) from its offices in Chicago, Illinois, United States of America and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site, you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the State of Illinois and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
By using this Site, you further agree that you will not use this Site or any materials available hereon for any unlawful activity, or use it in any way that would violate any of these Terms.
When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms, and you will at all times remain liable for their failure to do so.
© 2013 Kaleidoscope, Inc. All rights reserved.