Terms of Use and Privacy Policy

Terms of Use

Acceptance of Terms of Use

This Terms of Use Agreement (the “Agreement”) states the terms and conditions under which you may use this website (the “Site”). Please read the Agreement carefully. The Site contains various information relating to Kaleidoscope Child Foundation in the form of text, graphics, news, reports, and other materials (tangible or intangible) (“Content”). By accessing, browsing and/or using the Site you acknowledge that you have read, understood, and agree to be legally bound by the Agreement. If you do not accept the Agreement (and therefore do not agree to be bound by it), do not use the Site. Kaleidoscope Child Foundation reserves the right to amend the Agreement at any time by posting the amended terms on the Site.

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.

​ You should take precautions when downloading files from this and all Third-Party Sites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. Once you click on a link connecting you to a Third-Party Site, your use of that website and the collection and use of your personal information at the website will be governed by that website’s Terms of Use and/or Privacy Policy, and not by the Terms of Use and/or Privacy Policy of this Site. You should direct any concerns regarding the Third-Party Site to that website’s administrator or webmaster.

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.

Copyright Complaints

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.

The foregoing Terms of Use supersede all existing agreements, whether written or oral, between Kaleidoscope Child Foundation and users of its Site regarding the subject matter contained on the Site. In the event that any of the foregoing terms is held to be invalid or unenforceable, the invalid or unenforceable term shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the terms shall remain in full force and effect.

The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. Kaleidoscope Child Foundation’s failure to enforce your strict performance of any of the foregoing terms shall not constitute a waiver of its right to subsequently enforce such term or any other term herein. Finally, neither the course of conduct between parties nor trade practice shall act to modify any term herein.

Privacy Policy

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: info@kaleidoscopechildfoundation.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

If you desire to review your own personal information, to correct existing information, or to remove your information, please contact Kaleidoscope Child Foundation via email at info@kaleidoscopechildfoundation.org. If you request removal of your personal information, you acknowledge that residual information may continue to reside in Kaleidoscope Child Foundation’s records and archives, but we will not use that information for commercial purposes. Kaleidoscope Child Foundation reserves the right to maintain your personal information if it has suspended, limited, or terminated your access to our website for violating our Terms of Use.

What Choices Do I Have?

As outlined in this Privacy Policy, you can always choose not to provide information; however, doing so may prevent you from making a donation or accessing other valuable features on our website.

Links to Third-Party Sites

You may be able to access Third-Party Sites through links available on the Site. You understand and agree that your use of such Third-Party Sites will be governed by the privacy policies of those sites and not by this Privacy Policy. Kaleidoscope Child Foundation will not be responsible for the actions of the operators of such Third-Party Sites.


Kaleidoscope Child Foundation does not knowingly collect information from children under the age of 13. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide information on this Site without their permission.

Notices and Revisions

If you choose to visit Kaleidoscope Child Foundation’s Site, your visit and any dispute over privacy is subject to this Privacy Policy. If you have a concern about privacy at the Site, please send an email with a detailed description of your concern to info@kaleidoscopechildfoundation.org. Our activities and Site change constantly. This Privacy Policy may change also. Our use of information that we receive and store is subject to the Privacy Policy in effect at the time of our use of such information. If we decide to change our Privacy Policy, we will link to the revised Privacy Policy on the Site.

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