Terms of Use/Disclaimer
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The KaleidoscopeWorld.com
Disclaimer, Intellectual Property, Terms of Use, and Privacy Policy
The content of TheKaleidoscopeWorld.com,
owned and operated by Creative Health & Spirit (CH&S), is intended
for general information purposes only. No liability, explicit or implied,
shall be extended to TheKaleidoscopwWorld.com whose words and/or opinions
appear from or on this Web site.
Acceptance of Terms
Please read these terms carefully and if you
do not accept the Terms of this Use Agreement please do not use this
website. By using the Site, you understand, acknowledge and agree that
you will be bound by all terms, conditions and notices contained or
referenced herein (the "Terms of Use"). In addition, you shall
be subject to any posted guidelines, conditions or rules applicable
to this Site or any services or products offered through this Site,
which may be posted from time to time. All such guidelines, conditions
or rules, as well as the Privacy Policy, are hereby incorporated by
reference into these Terms of Use. These Terms of Use will remain in
full force and effect as long as you are a user of the Site. We may
change the Terms of Use at any time by posting revisions to the Site,
and your continued use of the Site indicates your agreement to the revised
terms. Accordingly, we urge you to review the Terms of Use, and if you
do not agree to the terms of this or any revised policy, please exit
the site immediately. The Eligibility Agreement for activities and services
including contests, giveaways, email and other activities are hereby
incorporated into this Agreement by reference. This Agreement shall
govern in any conflict. Agreement may be revised by posting without
notice to you. Please review this page from time to time to review this
Agreement for any changes. You agree and understand
that the service TheKaleidoscopeWorld.com provides is "As Is"
and that neither Linda Mackenzie nor Creative Health & Spirit assumes
no responsibility for timeliness, deletion, misdelivery or failure to
store any user communications, personal settings or downloadable files.
In order to use premium specialty services, such as any newsletter or
Clubhouse you must sign on as a guest or member; provide all equipment
and/or devices to access TheKaleidoscopeWorld.com through the World
Wide Web; and, if applicable, pay any required fee associated with such
access. You are required for maintaining confidentiality of your registration
and password; all uses of your registration whether authorized by you
or not.
Privacy Policy
This privacy policy is provided by CH&S which control how your personal
information is used. The contact us section later in this policy explains
how you can contact us. In some cases, third parties may act as independent
controllers of your personal information, as explained further below.
Your Personal Data Rights: We do not allow third party access nor sell
your information at any time
Children's Privacy
In various countries, local data protection laws treat individuals under
a certain age as children whose personal information requires additional
protection under such laws ("children.") For example, the
relevant age of a child for the purposes of obtaining valid consent
from individuals to collect their personal information by online means
is 13 in the UK and 16 in Ireland. For data collected about children,
read our Children's Privacy Policy, which sets out information about
our privacy practices and choices for children. Please read that policy
carefully, whether you are a child, parent or guardian. If you believe
your child has provided us with personal information without your authorization
and you would like to have the personal information deleted, contact
us as described below.
The Information We Collect
Personal data and other personal information. When you interact with
our site, we may collect and combine different types of personal information.
We refer to this as "information" for short. The information
may include:
- Registration, account and sign-up information. We collect information
about you in the course of your use of the site(s) or registration with
us. For example, when you sign up for a newsletter, register for or
download an app, or sign up for one of our offerings or products, you
provide us with certain information, which includes your name and email
address, and may include your photo or social-media profile. We may
also receive information when you buy our various products, services,
programs, virtual items, content and activities that are available on
or through our sites
- Product purchase. If you make a purchase on one of our sites, our
payment providers or the entity handling the sale will also collect
certain billing and transaction information (e.g. payment method, billing
information and delivery address).
- Social media. You can engage with some of our content and offerings,
such as videos, apps and other offerings on or through third-party communities,
forums and other social media sites, services, plug-ins and apps ("social
media sites"). When you link to our sites or interact with us or
our content through social media sites, you may choose for us to receive
certain information from your social media account (e.g. name, user
ID, email address, social-media profile, photos and videos, gender,
birthday, your list of friends and their contact details, people you
follow and/or who follow you, the posts or the "likes" you
make). We may also receive information from your interaction with our
content (e.g. content viewed and information about advertisements you
have been shown or have clicked on).
- Location information. We may have access to certain information about
your general location, such as your country or address, when you provide
it or via information (such as an IP address or device settings) relating
to your computer, mobile phone or other device. With consent (where
required by law), we may also collect information about your device's
precise location (e.g. geolocation via mobile devices).
- Technical and usage information. We also collect certain technical
and usage information such as the type of device, browser and operating
system you are using, your internet service provider or mobile carrier,
unique device identifier, IDFA or IDFV, MAC address, IP address, device
and browser settings, the webpages and apps you use, advertisements
you see and interact with, and certain site usage information across
our sites and other sites and apps. Please see our Cookies and other
technologies section below for more information on how we may use those
technologies to collect that information.
- Customer enquiries. Where you contact us through by email or using
an online form, we will ask you for some information, including why
you are getting in touch. We may have access to any relevant product
that you have purchased, your purchase history, your previous correspondence
with us and/or your contact details.
- Market Research. We may contact you to provide feedback to help us
develop and improve our products and services. We may collect this feedback
through telephone or other interviews with you, where we may record
and transcribe these discussions.
Non-personal information. In addition, we may collect certain information
that is not personal information, such as anonymous analytics data.
If you fail to provide information. Where we need to collect personal
information by law, or under the terms of a contract that we have with
you, and you fail to provide that information when requested, we may
not be able to perform the contract that we have or are trying to enter
into with you (for example, to provide you with products).
How We Use the Information
We use your personal information for the processing purposes and related
lawful bases described below (or disclosed at the time of collection):
(1) Basis: where necessary to perform a contract with you (or to
take steps at your request before entering into a contract)
" Purposes of processing:
o To provide you with access to content, products, services and other
features on or via the sites.
o To send you information about changes to our terms or policies.
o To process your payment and to fulfill your purchase or other transaction,
including related communications about those.
(2) Basis: where necessary for purposes of our or third parties'
legitimate interests
" Purposes of processing (and related legitimate interests):
o To respond to your enquiries, e.g. to send you information you have
requested, and to offer customer/user support services (fulfilling your
request and providing you with such assistance).
o To assist with the security and safety of our sites and users, e.g.
by trying to prevent unauthorized or malicious activities (making our
sites safe for users).
o To enforce compliance with our terms and policies and to help other
organizations, such as copyright owners, to enforce their rights, including
by sharing your information with relevant third parties to assist us
or them in pursuing available remedies and/or limiting any loss or damage
sustained (protecting our and others' rights).
o To detect and prevent fraud (tackling fraudulent activity).
o To analyze and understand how our sites are used, including by aggregating
data about categories of users and by informing surveys, so that we
can develop, maintain, personalise, protect and improve our sites (researching
site usage and compiling usage statistics with a view to operating our
sites more effectively and enhancing them to improve your experience),
including assessing features of an Service and options to encourage
more engagement.
o To send direct marketing to you and to tailor content, targeted advertisements,
offers and surveys for you, where we do not need consent to do so (promoting
content, products and services from us and/or our affiliates, direct
or via our or their advertising partners, that we believe may be of
interest to you). Information you provide on one Service may be used
to provide targeted marketing and/or advertising on another Service.
o To improve and develop our products and services, which may include
recording and transcribing any feedback that is collected from you through
telephone or other interviews that we conduct, or that are conducted
by us or on our behalf by third parties.
(3) Basis: where you give us consent
" Purposes of processing:
o To send direct marketing communications to you at your request, where
we need your consent (for example, marketing emails or push notifications).
o To place cookies and to use similar technologies with your consent
(where we need your consent to do so).
o To collect your precise location with your consent (where we need
your consent to do so).
o To process your log-in to our sites using social media or other credentials
or to facilitate your interaction within our sites and with social media
or other third parties through our sites, where we need your consent
to do so.
o On other occasions where we ask you for consent, for a purpose which
we explain at that time.
(4) Basis: where necessary for complying with our legal obligations
" Purposes of processing:
o In response to requests by government or law enforcement authorities
conducting an investigation.
o To comply with any other legal requirements.
Information Sharing and Disclosure
We share and disclose your information
in the ways described below or for other purposes that we explain when
we collect your personal information. We may share your information
with the organizations below, their personnel, or people providing services
to them (e.g. professional advisers who are connected with the activity
described). When we share personal information with service providers,
they usually only process personal data in accordance with our instructions,
as data processors. The other third parties listed below are independent
controllers of the information, unless otherwise specified.
- Law enforcement bodies and courts. We may disclose your information
in response to legal process, for example in response to a court order
or a subpoena, or in response to a law enforcement body's request. We
may also disclose your information to third parties (including, but
not limited to, the police, the courts, governmental departments and/or
any other bodies of competent authority): (i) in connection with fraud
prevention activities; (ii) where we believe it is necessary to investigate,
prevent or take action regarding illegal activities; (iii) in situations
that may involve violations of our terms of use or other rules; (iv)
to protect our rights and the rights and safety of others; and/or (v)
as otherwise required by law.
- Change of control. We may transfer your information in the
event of a business transaction to another person, such as if we or
one of our business units or our relevant assets are acquired by, sold
to, or merged with another company or as part of a bankruptcy or insolvency
proceeding or a business reorganisation.
- Service providers. Our agents and contractors may have access
to your information to help carry out the services they are performing
for us (e.g. fulfillment, creation, maintenance, hosting and delivery
of our sites and/or products; conduct of marketing; account registration;
handling payments; email and order fulfillment; administering competitions;
conducting research and analytics; customer service; data processing;
IT and communication services; public relations; and/or professional
advice).
- Linked sites. Some of our sites contain links to other sites,
including social media sites, whose privacy practices may be different
from ours. You should consult the other sites' privacy policies and
terms before submitting any of your personal information, as we have
no control over user personal information that is submitted to, or collected
by, those third parties.
- Advertising networks. We do not share information with third parties
to provide targeted advertising to you based on your interests.
- Authorities. Our local tax authorities and regulators sometimes
require us to report our processing activities.
- With permission. We may also share certain information with third
parties where you give us permission to do this.
Cookies and Other Technologies
How we use cookies and other technologies. We use cookies, web beacons
and/or similar technologies to understand and enhance your online experience
at our sites and through our advertising and media across the internet,
including social media sites and mobile apps as further described below.
Cookies are small text files placed in your browser. Web beacons are
small strings of code that provide a method for delivering a graphic
image on a webpage for the purpose of transferring data, such as the
IP address of the device that downloaded the page on which the web beacon
appears, the URL of the page on which the web beacon appears, the time
the page containing the web beacon was viewed, the type of browser that
fetched the web beacon, and the identification number of any cookie
on the device previously placed by that server. We
may also use "Software Development Kits" ("SDKs"),
JavaScript and portions of code in our mobile apps to perform similar
functions to cookies and web beacons. For example, SDKs collect technical
and usage information such as mobile device identifiers and your interactions
with our mobile app. Some of our sites use locally stored objects ("LSOs")
to provide content, such as video on demand, video clips or animation,
and a better user experience.
We use cookies and similar technologies to help recognize your browser
or device, maintain your preferences, provide certain site features,
synchronize users across devices, collect information about your online
interactions with our sites, our content and our communications and
protect against, identify and prevent fraud and other unlawful activity.
Types of cookies and other technologies.
We use the following types of cookies and similar technologies via our
sites for the following purposes:
- Necessary: enabling core site functionality.
Strictly necessary cookies or similar technologies are essential in
order to enable you to access our sites or apps and use our features.
Without them, services like enabling appropriate content based on your
type of device cannot or may not be provided.
- Social media: used when you share content with, or link to or from,
social media sites. Social media cookies or similar technologies
are used when you share content using a social media sharing button
or "like" button on our sites or apps, or when you link your
account or engage with our content on or through a social media site
such as Facebook, Twitter or Instagram. The social network will record
that you have done that. The information may be linked to targeting/advertising
activities.
Data Retention and Security
In broad terms, we will only retain your personal information for as
long as necessary for the purposes described in this policy. This means
that the retention periods will vary according to the type of personal
information and the reason that we have the personal information in
the first place. For example, some personal information related to the
provision of services to you or by you will be kept for a number of
years in order to comply with various finance and tax-related legal
obligations. Other service-related personal information may be kept
for a different period because it is in our legitimate interests to
do so in order to provide or receive an appropriate follow-up service.
After a retention period has elapsed, the personal information is securely
deleted. We may, however, retain copies of your information in anonymized
form, which we may use or disclose at our discretion, such as to help
us improve our sites and products. We have put
in place reasonable controls (including physical, technological and
administrative measures) designed to help safeguard the personal information
that we collect via the sites. No security measures are perfect, however,
and so we cannot assure you that personal information that we collect
will never be accessed or used in an unauthorised way, which may happen
due to circumstances beyond our reasonable control. We have put in place
procedures to deal with a suspected personal data breach, and we shall
notify you and any applicable regulator of a breach where we are legally
required to do so.
Proprietary Rights, Trademarks &
Copyright
All contents on this site including, but
not limited to, trademarks, copyrights and trade names are the exclusive
property of Creative Health & Spirit and/or its operational service
providers or Advertisers. All contents are protected without limitation
pursuant to United States and foreign copyright and other laws. You
agree and understand that the Site grants you limited personal, non-assignable,
non-transferable and non-exclusive rights to view the Site and that
you will not broadcast, or publish by hard copy or any electronic means,
duplicate, sell, resell or exploit for any commercial purposes at anytime
or to any third party material and/or data on this site. Except where
otherwise noted, you may download, print or view individual pages for
noncommercial use, provided you do not delete or alter any of the information,
including, without limitation, any copyright or trademark notices. You
may only use the Site or its contents as expressly permitted in these
Terms of Use and for no other purpose. Notwithstanding any statement
to the contrary in these Terms of Use, you will not use or attempt to
use, and shall cause each other party under your control not to use
or attempt to use, any engine, software, tool, agent or other device
or mechanism (including, without limitation, browsers, spiders, avatars
or intelligent agents) to navigate or search the Site other than (a)
the search engine and search agents available from the Site and (b)
generally available third-party web browsers.
Advertising and Links Policy
This site may provide content from our Advertisers and you understand
and agree that such content is not an endorsement by TheKaleidoscopwWorld.com
of the Advertiser's products or services, business practices, or messages.
Any and all communications between the Advertiser and the user are solely
between them and in no way or form constitutes a liability or any responsibility,
in any way for TheKaleidoscopwWorld.com. You further agree that the
Site is not responsible for fulfilling any terms, conditions, promises,
representations and warranties made by Advertisers or other third parties,
including but not limit to in the context of any agreements between
users, or the purchase of goods and services offered by Advertisers
or other third parties. Links provided on TheKaleidoscopwWorld.com are
provided as a convenience for the user and you agree that if you use
these links you do so at your own risk. You further acknowledge and
agree that such links is not an endorsement or representation by TheKaleidoscopwWorld.com
of the Advertiser's products or services, business practices, or messages.
Any and all communications between the Advertiser and the user are solely
between them and in no way or form, constitutes a liability or any responsibility,
in any way, at any time, for TheKaleidoscopwWorld.com. We do not endorse,
verify, make any representations, or take responsibility for the content,
truthfulness, accuracy, quality or completeness of the content or activities
conducted on such websites. You further agree and consent that Creative
Health & Spirit and its respective officers, directors, employees,
representatives, agents, and operational service providers will not,
under any circumstances, be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with your use of or reliance on the content, advertising or business
practices of linked third party sites. If you decide to access and use
linked third party websites, you understand, acknowledge, and agree
that you do so voluntarily and at your own risk.
Indemnification, Limitation of Liability
& Disclaimer of Warranties
You understand and agree to indemnify, defend, and hold harmless Creative
Health & Spirit, TheKaleidoscopwWorld.com, its owners, employees,
hosts, advertisers, sponsors, successors, assignees, service providers,
representatives and agents from any and all claims, including inaccuracy,
reliability, timeliness, of the material or the Site itself. You agree
that you access the site at your own risk and that the site has the
right to make changes at any time. In no event will assume or have any
responsibility for any or all claims, damages, losses, resulting from
the use of this Site whether it is based on content, contract, warranty
or tort.You understand and agree that any material
that TheKaleidoscopwWorld.com makes no warranty that any material and/or
data downloaded or otherwise obtained through the use of TheKaleidoscopwWorld.com
is at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that reults from
any or all downloads of such material or data. TheKaleidoscopwWorld.com
makes no warranty regarding any goods or services purchased, obtained
or any transactions made or entered into through TheKaleidoscopwWorld.com.
This Site does not warrant that its operation
will be error-free or that any or all of its equipment are free of computer
viruses. Site use is at your discretion and your own risk. The site
and material is provided on a "AS IS" basis. The aggregate
liability for Creative Health & Spirit or TheKaleidoscopwWorld.com
from any or all claims arising from use or inability of use of this
site is $1.00 USD.
Termination and General Information
This Site at its sole discretion can delete, change or modify any USER
postings, block access to this site, without notice or liability from
or to the user. This Agreement is governed by the Laws of the State
of California. Jurisdiction for any claims shall lie exclusively in
California and be done by and under the rules and regulations of the
American Arbitration Association at Los Angeles, California.
As a user of this Site, the following actions
are also prohibited: 1) Accessing data not intended for such user or
logging into a server or account in which the user is not authorized
to access. 2) Attempting to probe, scan or test the vulnerability of
the system or network or to breach the security or authentication measures
of the Site without proper authorization. 3) Forging any headers or
otherwise manipulation of Site identifiers in order to disguise the
origin of transmission through the Site. 4) Attempting to interfere
with service to any user, host or network, including, without limitation,
via means of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing," or "crashing"
the Site or the server of any user. 5) Harvesting email addresses off
this Site through an automated process. 6) Attempting to gain unauthorized
access to the Site's features or activities, interfering with or manipulating
in any manner the entry or registration process for contests, sweepstakes,
surveys, opinion polls, chat rooms, message or bulletin boards, or any
other interactive features and activities on this Site. 7) Falsifying
identification or impersonating any person or entity, including, but
not limited to, a Site or Station official, chat room or public forum
leader, host, or guide, when accessing or participating in such features
and activities. 8) Setting up fake sites or other dummy sites that appear
to be the Site or mirroring the Site's contents. By choosing to access
the Site from any location other than the United States, you do so at
your own risk and initiative and accept full responsibility for compliance
with all applicable local laws of that jurisdiction. CH&S makes
no representation that materials on the Site are appropriate or available
for use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. These Terms
of Service (and any other additional terms posted on theKaleidoscopeworld.comt)
constitute the entire understanding between the parties and remains
enforceable and valid. These Terms of Use constitute the entire agreement
between Creative Health & Spirit and you with respect to the Site
and supersedes all prior or contemporaneous communications and proposals
between us with respect to the Site. If any provision of these Terms
of Use agreement, or the application thereof to any person or circumstances,
is determined to be invalid or unenforceable by any court having competent
jurisdiction, the invalidity or unenforceability of such provision shall
not affect the validity and application of the remaining provisions,
and all other provisions of the Terms of Use shall remain in full force
and effect. No waiver of any provision of these Terms of Use shall be
deemed a further or continuing waiver of such term or any other term.
Except as specifically provided elsewhere herein, these Terms of Use
constitute the entire agreement between you and Creative Health &
Spirit with respect to the use of the Site.
Changes to the Policy
If policies change we will notify you about material changes by placing
a notice on our sites.
Contact Us
- by email at info@thekaleidoscopeworld.com; or
- by post Creative Health & Spirit P.O. Box 385, Manhattan Beach,
CA 90267
We will respond to your question or concern as soon as practicable.