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Kaleidoscope Terms of Use

Last Updated :  May 23, 2023

These Kaleidoscope Terms of Use (“Terms”), together with any documents incorporated by reference, govern your access to and use of Kaleidoscope Group, PBC’s (“Kaleidoscope”) online platform at www.mykaleidoscope.com or any successor url (“Site”). These Terms are subject to change without prior written notice in our sole discretion. Any changes will be in effect as of the Last Updated date referenced in these Terms.

Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.mykaleidoscope.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

Kaleidoscope’s Site provides an online platform where individuals (“Applicants”) can respond to scholarship, grant, or similar fund or program opportunities (e.g., mentorship program, sweepstakes, fellowships, etc.) (collectively, “Award”) offered by a sponsoring organization (“Sponsors”). 

Applicants can invite third parties to submit additional information to support an Applicant’s response to an Award (“Contributors”).

By using this Site whether as an Applicant or a Contributor, you represent and warrant that you are either (1) of legal age to form a binding contract with Kaleidoscope yourself, or (2) that you are a parent or legal guardian of an Applicant that is legally authorized to accept these Terms on the Applicant’s behalf. If you are accessing the Site on behalf of a Sponsor, your use of the Site is subject to the Kaleidoscope Subscription Terms and Conditions agreed to by your organization.

Accessing the Site and Account Security

Kaleidoscope reserve the right to withdraw or amend this Site, and any service or material provided on the Site, in our sole discretion without notice. Kaleidoscope will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Kaleidoscope may restrict access to some parts of the Site, or the entire Site, to users, including Applicants or Contributors.

You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons accessing the Site through your account credentials are aware of these Terms and comply with them. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or respond to an Award, is governed by our Privacy Policy.

You must treat account access credentials as confidential. Applicants or their parent or legal guardian also acknowledge that an Applicant’s account is personal to the Applicant and agree not to provide any other person, with access to the Site or portions of it using the Applicant’s user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

Intellectual Property Rights

Kaleidoscope’s Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kaleidoscope, its licensors, or other providers of such material and are protected by 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 Site, except as automatically cached by your device or browser, or as enabled by the Site (e.g., if the Site allows you to download or export information submitted in response to an Award). You must not: (a) modify copies of any materials obtained from the Site; or (b) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site..

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Kaleidoscope. Any use of the Site not expressly permitted by these Terms is a breach of these Terms.

Kaleidoscope’s name, logo, and all logos other trademarks found on the Site are trademarks of Kaleidoscope, Sponsors, or other third parties.  You must not use such marks without our prior written permission.

User Contributions

The Site may contain message features, profiles, dashboards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “submit“) content or materials (collectively, “User Contributions”) on or through the Site. User Contributions include any data or information submitted by an Applicant or Contributor in response to a Sponsor Award.

By submitting any User Contribution, you grant Kaleidoscope and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for our internal business purposes.

You represent and warrant that:

  • You own or have sufficient rights in and to the User Contributions and have the right to grant the license granted above.
  • All of your User Contributions are accurate and complete, and do and will comply with these Terms.
  • If you are an Applicant, that your User Contributions in response to a Sponsor’s Award meet any eligibility criteria specified by the Sponsor.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Kaleidoscope, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Kaleidoscope is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by any other person or entity, if this is not the case.

Prohibited Uses

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

  • In any way that is fraudulent or violates any applicable federal, state, local, or international law or regulation;
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material.
  • To impersonate or attempt to impersonate Kaleidoscope, a Kaleidoscope employee, another user (including any Sponsor organization).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Kaleidoscope, may harm Kaleidoscope or other users of the Site, or expose them to liability.

Additionally, you agree not to:

  • Use the Site in a way that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • 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 Site, or any server, computer, or database connected to the Site.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Account Termination

Kaleidoscope has the right to:

  • Remove any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms..
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any reason, including for any violation of these Terms.

Information Provided by Third Parties

Kaleidoscope does not warrant the accuracy, completeness, or usefulness of any information made available through the Site, including any Award details. 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 Site.

The Site includes content provided by third parties, including materials provided by Sponsors, Contributors. All statements and/or opinions expressed in these materials, are solely the responsibility of the person or entity providing those materials. Kaleidoscope is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including the details of any Award or User Contributions.

Disclaimer of Warranties

You understand that Kaleidoscope cannot and does not guarantee or warrant that files available for downloading from Site will be free of 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 site for any reconstruction of any 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, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.

YOUR USE OF THE SITE AND ANY CONTENT IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KALEIDOSCOPE MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT (INCLUDING ANY AWARD). WITHOUT LIMITING THE FOREGOING, NEITHER KALEIDOSCOPE NOR ANYONE ASSOCIATED WITH KALEIDOSCOPE REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY CONTENT OR AWARD WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

KALEIDOSCOPE MAKES NO WARRANTY OR REPRESENTATION THAT ANY AWARD WILL BE FULFILLED.  ALL TERMS APPLICABLE TO A GRANT OF AN AWARD ARE DIRECTLY BETWEEN AN APPLICANT AND THE SPONSOR.

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 PARTICULAR PURPOSE. THIS DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

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 SITE, ANY CONTENT ON THE SITE, OR ANY AWARD (WHETHER OR NOT GRANTED OR FULFILLED), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from Kaleidoscope’s gross negligence or willful misconduct, or to any liability that cannot be excluded or limited under applicable law.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kaleidoscope, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content or Awards, other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

You acknowledge and agree that the owner of the Site is based in the United States. Kaleidoscope makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. To the extent permitted by applicable law: (a) all matters relating to the Site and these Terms, 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 internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction); and (b) any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota.

Miscellaneous

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

No waiver by Kaleidoscope of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 will continue in full force and effect. The Terms and our Privacy Policy constitute the sole and entire agreement between you and Kaleidoscope regarding the Site and any Award found thereon, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

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