Restrictions on Use of Materials
You acknowledge that the Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Kaleidoscope Child Foundation or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any content by reason of your use of or any right to use the Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content.
You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Kaleidoscope Child Foundation authorizes you to view and use the Content on the Site solely for your personal, noncommercial use. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Kaleidoscope Child Foundation’s prior written approval.
Links to Other Websites
As a convenience to you, the Site provides links to third-party websites of entities, organizations, and persons with whom Kaleidoscope Child Foundation may or may not associate from time to time (“Third-Party Sites”) where we believe you will find such information useful or of interest. While Kaleidoscope Child Foundation tries to provide accurate and quality information, our decision to link to a Third-Party Site is not an endorsement of the content in the linked Third-Party Site.
Kaleidoscope Child Foundation is not responsible for the content of any Third-Party Site, nor does Kaleidoscope Child Foundation make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any Third-Party Sites, and Kaleidoscope Child Foundation shall have no liability of any nature whatsoever in relation to any of the foregoing.
Disclaimer of Warranty
The content provided on the Site is provided as a service to members of the public. Information presented on the Site is provided for informational purposes only. No information presented on the Site constitutes legal, financial or medical advice, nor does it create an attorney-client, doctor-patient, fiduciary, or counseling relationship between Kaleidoscope Child Foundation and any other party. You acknowledge and agree that the Site and the content therein are provided on an “as is” and “as available” basis. None of Kaleidoscope Child Foundation, any of its respective officers, directors, employees, or agents (collectively “Kaleidoscope Child Foundation”) guarantees the accuracy, completeness, or usefulness of any of the content.
Kaleidoscope Child Foundation does not warrant that the Site will be uninterrupted or error-free or that the Site, its server, or any files available for downloading through the Site are free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the Site and the accuracy or completeness of the content is assumed solely by you.
Kaleidoscope Child Foundation does not make, and hereby specifically disclaims any, representations, endorsements, guarantees, or warranties, express or implied, regarding the Site or any content, including without limitation, the implied warranties of merchantability and fitness for a particular purpose and non-infringement of third-party rights. Without limiting the generality of the foregoing, Kaleidoscope Child Foundation disclaims any warranties with respect to any results that may be obtained from the use of the Site.
Limitation of Liability
Under no circumstances will Kaleidoscope Child Foundation be liable for any loss or damage caused by your reliance on information obtained through the content on the site, including without limitation any loss or damage caused by your reliance on information obtained from Third-Party Sites to which this Site is linked. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information or any content available through the Third-Party Site.
In no event shall Kaleidoscope Child Foundation be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to the content, service, or the agreement, whether based on warranty, contract, tort, or any other legal theory.
Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, or incidental damages, in such jurisdictions Kaleidoscope Child Foundation’s liability is limited to the greatest extent permitted by law.
Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
No Framing Allowed
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for our Site may be retransmitted without the express written consent of Kaleidoscope Child Foundation.
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is David Ault, Executive Director of Kaleidoscope Child Foundation, 2608 Varner Drive Atlanta, Georgia 30345.
Kaleidoscope Child Foundation reserves the right, in its sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. Kaleidoscope Child Foundation reserves the right to change, suspend, or discontinue all or any part of the Site or the content at any time without prior notice or liability.
User Must Comply with Applicable Laws
The Site is based in the State of Georgia. Kaleidoscope Child Foundation makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access the Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree to use the Content and the Site only for lawful purposes. You are prohibited from any use of the Content or the Site that would constitute an illegal offense, give rise to liability, or otherwise violate any applicable local, state, national, or international law or regulation. The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except with regard to its conflicts of law rules. Any action relating to the Content, Site or the Agreement must be brought in the federal or state courts located in the metropolitan Atlanta, Georgia area, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site or the Agreement must be commenced within one (1) year after the claim or cause of action arose, or is barred.
Your privacy is of paramount importance to Kaleidoscope Child Foundation. As a user of Kaleidoscope Child Foundation’s website (the “Site”), you are valued by Kaleidoscope Child Foundation, and we will take appropriate measures to protect the personally identifiable information (“Personal Information”) provided by, and collected from ,you on the Site in connection with the functions, products, services and information offered on the Site (the “Kaleidoscope Child Foundation Services”).
What Information Does Kaleidoscope Child Foundation Collect About Site Visitors?
At the Site, we do not collect Personal Information from individuals unless they provide it to us voluntarily and knowingly. Specifically, Kaleidoscope Child Foundation gathers data, such as names, titles, addresses, telephone numbers, e-mail addresses, etc., only when voluntarily submitted by a visitor. Personal Information that we collect falls into three primary categories.
Information that Site Visitors Give Us: We may receive and store the information that you enter at our website, provide to us on a webpage, or give to us in any other way. You can always choose not to provide some or all of the information which we request. This information is used solely by Kaleidoscope Child Foundation and other entities in furtherance of Kaleidoscope Child Foundation’s charitable activities.
Automatic Information: Whenever you interact with Kaleidoscope Child Foundation, we receive and store certain types of information. For example, we use “cookies” to obtain information when your web browser accesses this website. A cookie is an alphanumeric identifier, which we transfer to your computer via your Web browser and store on your computer’s hard drive. On most web browsers you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie, and how to turn cookies off.
Email Communications: In order to make the email we send you more helpful and relevant to your interests, we receive and store certain types of information. For instance, if your computer supports this functionality, we may receive a confirmation when you open an email we send you. We may also receive a confirmation when you follow a hyperlink from one of our email messages to our website. If you want to stop receiving email from us, simply hit reply and type “unsubscribe in the subject field or contact us by email at: firstname.lastname@example.org.
Does Kaleidoscope Child Foundation Share the Information It Receives?
We do not sell information about our Site visitors. We consider this information to be a vital part of our relationship with you and we treat it with great care and respect. There are, however, certain circumstances in which we may share your data with certain third parties. In particular, we may share personally identifiable information with third parties only when: 1) the person submitting the information authorizes us to share it; 2) the third party is performing a function on behalf of Kaleidoscope Child Foundation that is directly related to the operation of the Site or to a service or information provided on the Site, and access to such information is necessary to the performance of such function or to the provision of such services or information being provided; or 3) we are required to by law to do so.
Access to Information About You
What Choices Do I Have?
Links to Third-Party Sites
Notices and Revisions