Kaleidoscope Terms of Use

Last Modified: October 18, 2024

These Terms of Use are entered into by and between you and Kaleidoscope North America Inc. (“Kaleidoscope,” “we,” “us,” or “our”). The following Terms of Use, together with any documents they incorporate by reference, govern your access to and use of https://kaleidoscope.global, including any content, functionality, or services offered therein (collectively referred to as the “Website”).

Please read these Terms of Use carefully before you start using the Website. By accessing or using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at https://kaleidoscope.global/privacy-policy/, incorporated herein by reference. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Kaleidoscope and meet all of the foregoing eligibility requirements. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. These Terms of Use apply to all users of the Website, including, without limitation, users who are browsers, vendors, partners, and registered users.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. You should check these Terms of Use periodically for changes. By accessing or using the Website after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not use the Website.

We reserve the right to revise, alter, enhance, or restrict the Website in our sole discretion and without prior notice. We will not be liable for any impact of these changes or if the Website is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Taking all necessary actions to securely access the Website.
• Ensuring that your access to and use of the Website complies with these Terms of Use.

To access the Website, you may be asked to provide certain account details or other information. It is a condition of your use of the Website that all the information you provide through the Website is correct, current, and complete. You agree that all information you provide to create an account on the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose to create a username and password or provide any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password 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 particular 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.

We have the right to disable any username, password, or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, and images, as well as the design, selection, and arrangement thereof) are owned by Kaleidoscope, one of its affiliates, or by third-parties who have licensed their materials to Kaleidoscope, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from the Website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials accessible through the Website.

If you wish to make use of material on the Website other than as set out in this section, please address your request to: hello@kaleidoscope.global.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website may be suspended or terminated immediately and you must, at our option, return or destroy any copies of the materials, data, or other resources you have made. No right, title, or interest in or to the Website or any content or information entered or generated on the Website is transferred to you, and all rights not expressly granted by applicable documentation are reserved by Kaleidoscope. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Kaleidoscope name, the Kaleidoscope logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kaleidoscope or its affiliates or licensors. You must not use such marks without the prior written permission of Kaleidoscope. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data to and from the United States or other counties);
• To engage in any activity that might be harmful to minors or others;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate Kaleidoscope, a Kaleidoscope employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Kaleidoscope or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use;
• Use any device, software, or routine that interferes with the proper working of the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.  

The information presented on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

All information we collect through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

If the Website contains links to other websites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms of use of use for such websites. 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free from viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR OTHER PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENTS, AND ANY OTHER MATERIALS OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY OTHER MATERIALS OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KALEIDOSCOPE NOR ANY PERSON ASSOCIATED WITH KALEIDOSCOPE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER KALEIDOSCOPE NOR ANYONE ASSOCIATED WITH KALEIDOSCOPE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENTS, AND ANY OTHER MATERIALS OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, ITS CONTENTS, AND ANY OTHER MATERIALS OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, KALEIDOSCOPE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KALEIDOSCOPE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSE OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, AND ANY ADDITIONAL TORTIOUS ACTIONS), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH CASES, KELEIDOSCOPE'S LIABILITY IS LIMITED TO $100.00.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS OF USE STATED ON THESE TERMS OF USE, THE PRIVACY POLICY, AND ANY OTHER APPLICABLE WRITTEN TERMS OF USE OF KALEIDOSCOPE, INCLUDING, BUT NOT LIMITED TO, THE LIMITATION OF LIABILITY AND DISCLAIMERS.

SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW.

The Website is intended solely for your use. Except as otherwise expressly provided, nothing within the Website shall be construed as conferring any license and nothing shall convey any third-party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content you provide through and use to operate the Website is protected by copyright, trademark, patent, or other proprietary rights. You agree not to: (a) modify, alter, or deface any of the trademarks, service marks, trade dress or other intellectual property made available by us in connection with the Kaleidoscope Website; (b) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (c) use any of the trademarks or other content accessible through the Website for any purpose other than the purpose for which we have made it available to you; (d) defame or disparage us, our trademarks, or any aspect of the Website; and (e) adapt, translate, modify, decompile, disassemble, or reverse engineer the Website or any software or programs used in connection with it or its features and functions. The framing, mirroring, scraping or data mining of the data or information displayed or accessed through the Website by any method is expressly prohibited.

You agree to indemnify, defend, and hold us, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) you giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in these Terms of Use; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third-party; (v) any dispute or action between you and any third-party, including parties selling or advertising goods or services on the Website; and (vi) your use of this Website or the website of any third-party.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). The sole jurisdiction for any action or lawsuit arising out of or related to the Website or these Terms of Use shall be the state or federal courts located in Atlanta, Fulton County, Georgia.

We intend for the Website to be used by adults only and individuals or companies that can form legally binding contracts under applicable law. The Website should not be used by anyone under the age of 18 years. By using the Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not qualify, you are not permitted to use the Website, and you do not have our consent to do so.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANANTLY BARRED.

No waiver by Kaleidoscope of any provision of these Terms of Use set out herein shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure of Kaleidoscope to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use continue in full force and effect.

The Terms of Use, Privacy Policy, and any accompanying Kaleidoscope documentation constitutes the sole and entire agreement between you and Kaleidoscope regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

If you would like to request additional information regarding these Terms of Use, Kaleidoscope’s Privacy Policy, use of the Website, or otherwise, please contact us by submitting a request to hello@kaleidoscope.global.

Kaleidoscope North America Inc.

303 Peachtree Center Avenue, Suite 600
Atlanta, GA 30303, United States of America

T 360-227-8789

E hello@kaleidoscope.global