MOODSHIFT.ME TERMS OF SERVICE
The MOODSHIFT.ME website (“the Website”) is owned and operated by The Kaleidoscope Corporation (“Kaleidoscope”). The following Terms of Service (“Terms”) govern your access to and use of Kaleidoscope’s services and the Website (“the Services”), and any content, including without limitation, information, text, graphics, photos, sounds, music, videos, captions, scripts, data, or other materials or interactive features uploaded, downloaded, or appearing on the Website (collectively, “the Content”). Further access to and use of the Services are conditioned upon your acceptance of the Terms, and you agree to be bound by these terms by accessing or using the Services.
The Terms of Service may be updated from time to time and applies to your access to and use of the Services on and after the date that this Terms of Service is posted. You should check the date of the Terms of Service and review any changes since the last version.
2) ACCESS. Kaleidoscope grants you a limited, revocable, non-sublicensable, non-exclusive license to access the Services for your own personal use.
a) Age. The Services are not directed at children under 18 and Kaleidoscope does not knowingly collect any Personal Information from children under 18. If you are under 18, you should not register to become a member or provide any Personal Information through this Site. If you are under 18, you may use the Services only with the approval of a parent or guardian.
b) In order to access some features of the Services, you will need to create an account. You may never use another user’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs on your account.
c) You are responsible for safeguarding the password that you use to access the Services and for any activities that occur under your password. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account, but you will be liable for any losses sustained by Kaleidoscope or others due to such unauthorized use. You must notify Kaleidoscope immediately of any breach of security or unauthorized use of your account.
3) CONDITIONS OF USE.
a) By using the Services, you agree to comply with each of the following conditions:
i) You will not reproduce, duplicate or copy the Content without express written consent from Kaleidoscope.
ii) You will not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services.
iii) You will not access, tamper with, or use non-public areas of the Services, Kaleidoscope’s computer systems, or the technical delivery systems of Kaleidoscope’s providers.
iv) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
v) You will not access or search or attempt to access or search the Services by any means other than through our currently available interfaces.
vi) You will not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false-source identifying information.
b) Failure to comply with these conditions may lead to you being immediately and permanently banned from the Services.
4) KALEIDOSCOPE RIGHTS.
a) All right, title and interest in and to the Services are and will remain the exclusive property of Kaleidoscope and its licensors. The Services are protected by copyright, trademark, patent, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Kaleidoscope name, or any of the Kaleidoscope trademarks, logos, domain names, and other distinctive brand features.
b) Any feedback, comments, or suggestions you may provide regarding the Services or Kaleidoscope is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
c) The Services that Kaleidoscope provides are always evolving and the form and nature of the Services that Kaleidoscope provides may change from time to time without prior notice to you. In addition, Kaleidoscope may stop, either permanently or temporarily, providing the Services, or any particular feature of the Services to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
5) LINKS. The Services may contain links to third party websites or resources. You acknowledge and agree that we exercise no control over and are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, services, privacy policies, or practices on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kaleidoscope of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or resources.
6) THIRD PARTY SERVICES. One of the features of Services is the direct integration of various third-party services (“Third Party Services”) such as social media and social networking services. To take advantage of these features, we will ask you to register for or provide your username and password for the relevant Third-Party Services. By enabling such Third-Party Services, you are allowing us to pass your login information and send and receive other information to and from these service providers. The login information will be used to access the Third-Party Service and your data contained within that Third-Party Service. The manner in which the Third-Party Services use, store, and disclose your information is governed solely by the policies of such third parties and may also collect information sent by your browser as part of a web page request, such as cookies or your IP request. Kaleidoscope shall have no liability or responsibility for the privacy practices or any other actions of any Third-party Service, including the accuracy, availability, or reliability of any information that may be provided by or enabled within the Service.
7) NO WARRANTIES. KALEIDOSCOPE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Kaleidoscope makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.
8) LIMITATION OF DAMAGES. If you are dissatisfied with the Services or these Terms, your sole and exclusive remedy is to discontinue using the Services. You understand and agree that Kaleidoscope shall not be responsible or liable for any loss or damage resulting from your use of the Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KALEIDOSCOPE BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST GOODWILL, LOST PROFITS, DATA, USE, GOOD-WILL, LOST BUSINESS OR OTHER INDIRECT ECONOMIC DAMAGES, WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHER LEGAL THEORY, AS A RESULT OF (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERNATION OF YOUR TRANSMISSIONS OR CONTENT, OR (v) A BREACH OF ANY WARRANTY OR ANY OTHER TERM OF THESE TERMS, REGARDLESS OF WHETHER KALEIDOSCOPE WAS ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
9) TERMINATION. These Terms are effective until terminated by Kaleidoscope, in its sole discretion, and at any time without notice. In addition, these Terms and the licenses and permissions contained herein shall terminate automatically if you breach the terms or conditions contained in these Terms. Notwithstanding the foregoing, Sections 4-8 shall survive any termination of these Terms. You agree that upon termination, Kaleidoscope has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services immediately and without notice, and remove and discard any content within the Services, for any reason. You agree not to attempt further use of the Services upon termination.
10) INDEMNITY. You agree to defend, indemnify and hold Kaleidoscope harmless from and against any and all damages, liability, loss, and claims, including attorney’s fees, resulting from or arising out of or on account of any negligent act, omission, or willful misconduct by you through your use of the Website or any breach of your obligations under these Terms.
a) Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
b) Governing Law, Venue, Service of Process. This Agreement shall be governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The Terms hereof shall be deemed to have been executed and performed in the State of California, and shall be exclusively governed by, construed and interpreted in accordance with the laws of the State of California as to all matters, including but not limited to matters of validity, construction, effect and performance, excluding choice of law principles of such State as may require application of the laws of another jurisdiction. In the event of any controversy, claim or dispute between you and Kaleidoscope arising out of or relating to these Terms, such controversy, claim or dispute shall be tried exclusively in the courts of the State of California or in the United States Federal District Court for the Central District of California, located in the County of Orange, as either party may elect. Each party waives any defenses on the basis of personal jurisdiction, improper venue and/or forum non conveniens, and agrees to service of process and venue in the Federal District Court for Central California or the California Superior Court of Orange County. Each party agrees that service of process of any court action or notice may be made upon each of them by personal delivery or by mailing certified or registered mail, return receipt requested, to the other at the address indicated herein or as otherwise agreed. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
c) Attorney’s Fees. If any action or proceeding is brought to enforce the terms hereof, the prevailing party in such action or proceeding shall be entitled to recover its costs and reasonable attorneys’ fees incurred whether or not suit is prosecuted to judgment.
d) Non-Waiver. The failure of Kaleidoscope to enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.
e) Severability. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
f) Entire Understanding. These Terms set forth the entire understanding and agreement between you and Kaleidoscope with respect to the subject matter contained herein and supersedes any prior written or oral agreements or understandings.
Last updated: June 25, 2018