Terms of Service
KALEIDOSCOPIC STORE
Terms and Conditions
Last update: May 1st, 2022.
1. CONTRACTUAL RELATIONSHIP
These Terms of Use ("Terms") constitute a legal agreement between persons seeking to engage autonomous collaborators (from now on "Freelancers") and KALEIDOSCOPIC, a limited liability company incorporated in Mexico, and its subsidiaries and affiliates (collectively, "KALEIDOSCOPIC" or "we" or "us"), and between KALEIDOSCOPIC providers to Freelancers and KALEIDOSCOPIC. These Terms govern the use of our service platform that facilitates communications between KALEIDOSCOPIC and freelancers and is offered through our website located at www.kaleidoscopicstore.netas it may be modified, relocated, and/or redirected from time to time, and the mobile applications that we offer. Our services, platform, website, and mobile applications are collectively referred to as KALEIDOSCOPIC "The Site". The terms "you", "your" or "your" refer to the user or freelancer as applicable.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the term "Included" means "Including, by way of example and not limited to".
Your access and use of The KALEIDOSCOPIC Site constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and KALEIDOSCOPIC. If you do not agree to these Terms, you may not access or use The KALEIDOSCOPIC Site. These Terms expressly supersede any prior agreements or understandings entered into with you. KALEIDOSCOPIC may immediately terminate these Terms concerning you or generally cease offering or deny access to the Site. KALEIDOSCOPIC or any of its parties, at any time and for any reason.
KALEIDOSCOPIC may modify the terms relating to the KALEIDOSCOPIC Site from time to time. Modifications will be effective upon posting by KALEIDOSCOPIC of the updated terms at this location or the modified policies or supplemental terms of the applicable services. Your continued access or use of The KALEIDOSCOPIC Site after this posting constitutes your consent to be bound by the terms and any amendments thereto:
• Your acceptance of The KALEIDOSCOPIC Site is provided "as is" and without any warranty (section 6. A).
• Your agreement by KALEIDOSCOPIC that The Site is only a communications platform that provides a method for the engagement of freelance services, that all freelance services are performed by third parties, and that KALEIDOSCOPIC has no liability for the freelance services or the acts or omissions of Third Parties (Section 2. A).
• Your agreement to hold KALEIDOSCOPIC harmless for any liability arising from claims relating to The KALEIDOSCOPIC Site or otherwise (Section 6. B).
• Your agreement not to give rise to claims arising out of your use, misuse, or inability to use the KALEIDOSCOPIC Site. Your breach of this Agreement, applicable laws or the rights of third parties, and/or the content or information submitted from your account to the KALEIDOSCOPIC Site (Section 6C).
• Your consent that either party has the right to resort to binding arbitration (Section 7. B).
• Your agreement that no claim may be adjudicated as a class action (Section 7. A).
• Your consent to the collection, use, disclosure, and transfer of your data as outlined in the Privacy Policy, as amended from time to time as appropriate.
2. SERVICES
A. APPLICATION
The KALEIDOSCOPIC site is an IT marketplace where Freelancers and freelancers can identify themselves and buy and sell services online. These specific services requested by Freelancers, which are to be performed by Freelancers, are hereinafter referred to as "Freelancer Services". Under the terms of this Agreement, KALEIDOSCOPIC provides services to Freelancers and Freelancers, including the hosting and maintenance of The KALEIDOSCOPIC Site, and allows for the conclusion of contracts between Freelancers. When a User and Freelancer enter into a contract between Freelancers by subsection B, User and Freelancer use The KALEIDOSCOPIC Site to engage, communicate, invoice and pay online.
Unless otherwise stated by KALEIDOSCOPIC in a separate written agreement with you, KALEIDOSCOPIC has available to you personal, non-commercial use of the Site. KALEIDOSCOPIC does not provide freelance services itself. The provision of all freelancer services is dependent upon freelancers. KALEIDOSCOPIC, THROUGH THE KALEIDOSCOPIC APPLICATION, PROVIDES INFORMATION AND A METHOD FOR OBTAINING SUCH FREELANCER SERVICES, BUT DOES NOT PROVIDE AND DOES NOT INTEND TO PROVIDE SUCH FREELANCER SERVICES, AND HAS NO LIABILITY FOR FREELANCER SERVICES AND/OR WORK PRODUCTS TO BE DELIVERED BY FREELANCERS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS, REGULATIONS OR CODES. KALEIDOSCOPIC IS NOT AFFILIATED WITH, ENDORSED, OR SPONSORED BY ANY THIRD-PARTY PROVIDER.
B. SERVICE BETWEEN FREELANCERS
Upon the award of a project or contest by User to a Freelancer and acceptance of the Freelancer on the KALEIDOSCOPIC Site, or the purchase of an item from Freelancer by User, User and Freelancer shall be deemed to have entered into a contract (the "Freelancer Agreement"), under which User agrees to purchase and Freelancer agrees to provide Freelancer Services. You and the Freelancer may enter into an agreement between them in addition to these Terms, provided that you agree not to agree to any contractual provision that is inconsistent with these Terms.
You are solely responsible for ensuring that you comply with your obligations to the freelancer. If you fail to do so, you may be liable to the freelancer in question. You must ensure that you are familiar with all national laws (including Mexican law), international laws, regulations, ordinances, and bylaws relating to you as a user or any use of the KALEIDOSCOPIC Site
If a Freelancer fails to perform any obligation against you or causes damage to you, your property, or your rights, you are solely responsible for exercising any rights you may have. For the avoidance of doubt, we have no responsibility to exercise any rights under a contract between Freelancers or before damage to your person, your property, or your rights caused by a Freelancer.
Depending on your jurisdiction, Freelancers Solutions and freelancers may have rights under legal warranties that cannot be legally excluded. None of these terms are intended to override rights that cannot be excluded under applicable law.
Each user and freelancer acknowledges and agrees that the relationship between the user and any freelancer corresponds to that of an independent contractor. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship between Freelancers and Freelancers. Nothing in these terms shall be construed as a joint venture, partnership, or employer-employee relationship between KALEIDOSCOPIC and a User or Freelancer.
C. SUBMISSIONS
User grants Freelancer a limited, non-exclusive, revocable right (at any time, at User's sole discretion) to use User's deliverables as necessary for the provision of the Services. User reserves all other rights and interests, including but not limited to all intellectual property rights, concerning User's deliverables. Upon termination or termination of the contract for services, or upon written request of the user, the freelancer must immediately return all user deliverables to the user and also agrees to dispose of all copies of the user deliverables and the product. Of work that is on the Freelancer's facilities, systems, or other equipment or otherwise under the Freelancer's domain. Freelancer agrees to provide written certification to User certifying the return or disposal of User's Deliverables within ten (10) days after receipt of User's request for written certification.
D. WORK PRODUCT
Any work made for hire that may be copyrightable by the freelancer in connection with a fixed-price contract for the user shall remain the property of the freelancer until payment has been made by the user and accepted by the freelancer. If the user pays less than the amount agreed upon in the contract for services, the freelancer may refund the amount paid within two (2) weeks after the date of payment and retain ownership of the work product.
In the event that intellectual property rights are not assignable under applicable law, Freelancer hereby irrevocably agrees to grant and hereby does hereby grant to User an exclusive (which also excludes Freelancer), perpetual, irrevocable, unlimited, worldwide, Fully Paid-Up, and unconditional license to use and market the Work Product in any manner now known or hereafter discovered. In the event that the grant of the license is not fully valid, effective, or enforceable under applicable law, Freelancer hereby irrevocably agrees to irrevocably grant and hereby grants to User such rights as User reasonably requests. To acquire, to the extent possible, all rights equivalent to full legal ownership. To ensure that User can acquire, formalize and use these intellectual property rights, Freelancer will: (i) transfer to User ownership, title, and ownership of media, models, and other tangible objects containing work product; (ii) sign any documents, at User's request, to assist User with the documentation, formalization, and enforcement of its rights; AND (iii) provide User with reasonable assistance and access to information to register, formalize, secure, defend and exercise these intellectual property rights. Freelancer also irrevocably authorizes User to act and sign on behalf of Freelancer and to take any action necessary to formalize User's rights under this Agreement. In the event that, under applicable law, Freelancer retains any rights of paternity, integrity, disclosure, and removal of the Work, and any other rights that may be known or referred to as "moral rights" (collectively, "Moral Rights") or other inalienable rights in the Work Product or Confidential Information under this Agreement, the Freelancer agrees to irrevocably waive and hereby waives all such rights or, in the event the Freelancer is unable to waive such rights, The Freelancer agrees that it will not exercise such rights until the Freelancer has given prior written notice to the User and then only by any reasonable instructions the User issues to protect its rights.
Freelancer must ensure that no work product created or submitted by Freelancer includes software, technology, or any other pre-existing intellectual property, whether the pre-existing intellectual property is owned by Freelancer or a third party, including, without limitation, Not Restrictive, code was written by proprietary software companies or developers in the open-source community (collectively, "Pre-existing IP"), without having obtained User's prior written consent to include such pre-existing intellectual property in the work product. Freelancer acknowledges that without prejudice to any other remedies it may have, Freelancer, shall not be entitled to payment and shall refund all payments made to Freelancer for services rendered under a contract if the work product contains Pre-existing IP. That was not approved by this section.
E. USER VETO
Freelancers may be subject to a verification process before they can register and during their use of The KALEIDOSCOPIC Site. While KALEIDOSCOPIC may perform background checks on Freelancers, KALEIDOSCOPIC cannot confirm that each Freelancer is who he or she claims to be and, therefore, KALEIDOSCOPIC cannot assume or assume any responsibility for the accuracy or truthfulness of the identity, background check information or Information provided through the Site of KALEIDOSCOPIC.
BY USING THE KALEIDOSCOPIC APPLICATION, YOU AGREE TO HOLD KALEIDOSCOPIC HARMLESS FROM ANY LIABILITY OR DAMAGES THAT MAY ARISE FROM THE PROFESSIONAL SERVICES. KALEIDOSCOPIC IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING THIRD-PARTY PROVIDERS, AND SHALL NOT BE LIABLE FOR ANY CLAIMS, INJURIES, OR DAMAGES ARISING IN CONNECTION WITH THE FREELANCER SERVICES.
F. LICENSE
Subject to your compliance with these Terms, KALEIDOSCOPIC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use The KALEIDOSCOPIC Site on your personal device solely in connection With your use of The KALEIDOSCOPIC Site; AND (ii) access and use any content, information and related materials that may be available through the Site, in each case solely for your personal, non-commercial use. KALEIDOSCOPIC and its licensors reserve all rights not expressly granted herein.
G. RESTRICTIONS
You may not: (I) remove the copyright or trademark notices or other intellectual property notices from any part of The KALEIDOSCOPIC Site; (II) Reproduce, modify, create derivative works from, distribute, distribute, license, rent, sell, resell, transfer, publicly display, publicly perform, transmit, publish, broadcast or otherwise exploit The KALEIDOSCOPIC Site, except as expressly permitted By KALEIDOSCOPIC; (III) Decompile, reverse engineer or disassemble The KALEIDOSCOPIC Site, except as permitted by applicable law; (IV) Link, duplicate or utilize frames anywhere on The KALEIDOSCOPIC Site; (V) Enter or implement programs or scripts to extract information, index, scan or perform data mining anywhere on The KALEIDOSCOPIC Site, or unduly hinder or prevent the operation and/or functionality of any aspect of the KALEIDOSCOPIC Site; OR (VI) Attempt to gain unauthorized access to or affect any aspect of The KALEIDOSCOPIC Site or its related systems or networks.
H. THIRD-PARTY CONTENT AND SERVICES
The KALEIDOSCOPIC Site may be accessed or made available in connection with third-party services and content (including advertising) that KALEIDOSCOPIC does not control. You acknowledge that other terms of use and privacy policies may apply to your use of third-party services and content. KALEIDOSCOPIC does not endorse the services or content of third parties and in no event shall KALEIDOSCOPIC be responsible for the products or services of these freelancers.
I. PROPERTY
The KALEIDOSCOPIC Site and all rights set forth therein are and shall remain the property of KALEIDOSCOPIC OR KALEIDOSCOPIC Licensors. Neither these Terms nor your use of The KALEIDOSCOPIC Site will transfer or grant you any rights: (i) in or relating to The KALEIDOSCOPIC Site, except for the limited license granted above; OR (ii) to use or reference KALEIDOSCOPIC' or KALEIDOSCOPIC' licensors' names, logos, product and service names, trademarks or service marks.
3. USE OF SERVICES
A. ACCOUNTS
To use most aspects of The KALEIDOSCOPIC Site, you must register and maintain an active personal KALEIDOSCOPIC account ("Account"). You must be at least 18 years of age or have reached the legal age of majority in your jurisdiction (if not 18 years of age) to obtain an account. Account registration requires you to submit certain personal information to KALEIDOSCOPIC, such as your name, address, cell phone number, and age, as well as at least one valid payment method (a credit card or accepted payment provider). You agree to maintain accurate, complete, and current information in your account. Failure to maintain accurate, complete, and current account information, which includes having an invalid or expired payment method on file, may result in your disqualification from accessing and using The Site or termination of this agreement with you by KALEIDOSCOPIC. You are responsible for all activity that occurs under your account, and you agree to maintain the security and confidentiality of your account username and password at all times. Unless otherwise permitted by KALEIDOSCOPIC in writing, you may only have one account. Freelancer profiles must accurately reflect the Freelancer's experience, skills, and personal information.
B. USER REQUIREMENTS AND CONDUCT.
The Service is not available to persons under the age of 18. You may not authorize third parties to use your account, and you may not permit persons under the age of 18 to receive or offer freelance services unless they are with your company. You may not assign or transfer your account to any person or entity. You agree to comply with all applicable laws when using the KALEIDOSCOPIC Site (including, without limitation, all applicable labor laws), and you may only use the KALEIDOSCOPIC Site for lawful purposes (e.g., you may not use it to transport hazardous or illegal materials). During your use of the KALEIDOSCOPIC Site, you will not cause trouble, inconvenience, inconvenience, or property damage, whether concerning freelancers or any other party. In some cases, you may be required to provide proof of your identity to access or use The Site, and you agree that you will be denied access to or use of The Site. KALEIDOSCOPIC if you refuse to provide proof of your identity.
C. ACCEPTABLE USE
During the term of this Agreement, you may use The KALEIDOSCOPIC Site only for your personal use (or for the use of a person, including a company or other organization that you validly represent). You may use The KALEIDOSCOPIC Site to engage freelance services only concerning the location where you are legally authorized to receive or provide freelance services. You may not use The KALEIDOSCOPIC Site for any other purpose or in connection with any other business activity without our express prior written consent. You may not use The KALEIDOSCOPIC Site in violation of any laws, rules, ordinances, or regulations. You agree that a request for freelance services constitutes an offer, which is deemed accepted only upon receipt of a confirmation of the request. You agree that you will treat freelancers courteously and lawfully and that you will reasonably cooperate with freelancers to enable them to provide freelance services. Freelancers agree that they will provide freelance services once they have accepted a request in a professional and quality-assured manner and that they will provide these services courteously and lawfully and to the best of their abilities, and will accept requests only if the freelancer is qualified and capable of performing such freelance services.
The KALEIDOSCOPIC site may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, newsgroups, forums, communities, and/or other message or communication spaces ("community areas") that allow you to communicate with other Freelancers. You may use these community areas only to send and receive messages and materials that are relevant and appropriate to the particular forum. You may NOT use KALEIDOSCOPIC of KALEIDOSCOPIC (including, without limitation, any community areas) to do the following:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity, among others) of others, including KALEIDOSCOPIC of its personnel.
• Publish, post, upload, distribute or disseminate indecent, defamatory, infringing, obscene, or unlawful topics, names, materials or information, or materials, information or content involving the sale of counterfeit or stolen goods.
• Use KALEIDOSCOPIC for any purpose or in any manner that violates local, state, national or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Upload files that contain viruses, Trojans, corrupted files, or any other software that could damage third-party software.
• Publish or upload content for which you do not have the necessary rights or permissions for its use.
• Promote and offer the sale of any product or service for commercial purposes through the KALEIDOSCOPIC site that does not correspond to the services offered through the site.
• Create or send surveys, contests, pyramid schemes, or chain letters.
• Impersonating another person or user, or allowing a third party or entity to use your identity to post, view comments, or use your account in general.
• Posting the same note repeatedly (Junk Messages or "Spam"). Sending Spam is strictly prohibited.
• Download files posted by another user without the user's knowledge, knowing that it is legally prohibited.
• Restricting other Freelancers in the community from using, enjoying, or being part of the KALEIDOSCOPIC community.
• Imply or assert that statements you make are endorsed by KALEIDOSCOPIC, without the prior written consent of KALEIDOSCOPIC.
• Use a robot, web crawler, manual and/or automated processes or devices to perform data mining, crawling, information extraction, or indexing of KALEIDOSCOPIC in any way.
• Hack into or interfere with The KALEIDOSCOPIC Site, its servers, or any connected network.
• Adapt, alter, license, sublicense or translate The KALEIDOSCOPIC Site for your own personal or commercial use.
• Remove or alter, visually or otherwise, the copyrights, trademarks, or patented trademarks and intellectual property rights owned by KALEIDOSCOPIC.
• Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against individuals or groups of individuals.
• Upload content that offers materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
• Use the KALEIDOSCOPIC Site to recruit personnel for other companies, websites o services, or contact Freelancers for employment, recruitment, or other purposes unrelated to the use of The KALEIDOSCOPIC Site set forth herein.
• Use the KALEIDOSCOPIC Site to collect usernames and/or email addresses of Freelancers by electronic or other means.
• Register with another username or identity after your account has been terminated or closed.
You understand that all postings you make in the community areas will be public and that you will be publicly identified by your name or login ID when communicating in the community areas, and that KALEIDOSCOPIC will not be liable for the actions of Freelancers with respect. To Information Or Materials Posted In The Community Areas.
D. PROMOTIONAL CODES
KALEIDOSCOPIC may, in its sole discretion, generate promotional codes that may be redeemable for account credit or other features or benefits related to The Site. KALEIDOSCOPIC and/or Freelancer Services, subject to such additional terms as KALEIDOSCOPIC may establish based on each particular promotional code ("promotional codes"). You agree that Promotional Codes: (i) must be used for their intended purpose and audience, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether by public announcement or otherwise), unless expressly permitted by KALEIDOSCOPIC; (iii) KALEIDOSCOPIC may be deactivated at any time and for any reason without KALEIDOSCOPIC incurring any liability; (iv) May only be used by the specific terms set forth by KALEIDOSCOPIC for these promotional codes; (v) May not be redeemed for cash; and (vi) May expire before use. KALEIDOSCOPIC reserves the right to withhold or deduct credits or other features or benefits obtained through your or another user's use of the promotional codes if KALEIDOSCOPIC determines or believes that the use or exchange of the promotional codes was wrongful, Fraudulent, unlawful, or in violation of the terms of the applicable promotional code or these terms.
E. CONTENT GIVEN BY THE USER OR FREELANCER/FREELANCER
KALEIDOSCOPIC may, in its sole discretion, allow you (whether user or freelancer) to submit, upload, post, or otherwise make avail, able to KALEIDOSCOPIC through The KALEIDOSCOPIC Site written, audio, and/or visual information and content, including comments and Feedback related to The KALEIDOSCOPIC Site, initiation of requests for assistance and posting of entries for contests and promotions ("Content"). All Content provided by you remains your property. However, by providing Content to KALEIDOSCOPIC, you grant KALEIDOSCOPIC a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, reproduce, modify, distribute, publicly display and publicly perform such Content Format and distribution channel now known or hereafter developed to provide services through The KALEIDOSCOPIC Site or otherwise in connection with KALEIDOSCOPIC business solutions; Provided that KALEIDOSCOPIC intends to notify you if it will use your content for any reason other than its publication on The Site. KALEIDOSCOPIC.
You represent and warrant KALEIDOSCOPIC that you are the sole and exclusive owner of all Content or that you have all rights, licenses, consents and authorizations necessary to grant KALEIDOSCOPIC the license to the Content as set forth above, and that your Content: (A) Shall not be false, inaccurate, incomplete or misleading; (B) Shall not be fraudulent or involve the sale of counterfeit or stolen goods; (C) Shall not violate the copyrights, patents, trademarks, trade secrets or other intellectual property rights or rights of publicity or privacy of any third party; (D) Shall not violate any law, regulation, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or misleading advertising); (E) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (F) shall not be obscene or contain child pornography or be harmful to minors; (G) shall not contain viruses, Trojan horses, computer worms, logic bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept or expropriate any system, data or personal information; AND (H) shall not create any liability on the part of freelancers. KALEIDOSCOPIC shall not cause the loss (in whole or in part) by KALEIDOSCOPIC of the services of its Internet service providers or other partners or suppliers. KALEIDOSCOPIC may review, monitor, or remove the content at its sole discretion, but shall not be obligated to do so, at any time and for any reason, without notice to you.
F. DEVICES AND NETWORK ACCESS
You are responsible for obtaining access to the data network necessary to use the KALEIDOSCOPIC Site. Your mobile network data and messaging rates and charges may apply if you access or use the KALEIDOSCOPIC Site from a wireless-capable device. You are responsible for acquiring and upgrading compatible devices or hardware necessary to access and use the KALEIDOSCOPIC Site and applications, and any upgrades made to them do not guarantee that the Site, or any portion thereof, will work on any particular device or hardware. In addition, the KALEIDOSCOPIC Site may experience malfunctions or delays inherent in the use of the Internet and electronic communications.
4. PAYMENTS
Freelancers understand that use of the KALEIDOSCOPIC Site may result in charges for services or products they receive from a Freelancer ("Charges"). After a user has received services or products obtained through the use of the service, KALEIDOSCOPIC will collect the payment you make of the applicable Charges on behalf of the Freelancer, as the Freelancer's limited collection agent. Payment of charges made in this manner shall be treated in the same manner as payment made directly by you to the freelancer. Charges will include applicable taxes as required by law. Charges paid by the User are final and non-refundable, unless KALEIDOSCOPIC, in its sole discretion, determines otherwise (see also the last paragraph of this Section 4). User and Freelancer retain the right to request a change in charges for services or products received by User from Freelancer, and such modified charges for a particular service or product will become the new charges if such modification is accepted by User and Freelancer.
All services offered on the site are payable only via credit or debit card.
All charges must be paid immediately, and payment will be collected by KALEIDOSCOPIC via the preferred payment method indicated in the User's account, after which KALEIDOSCOPIC will send the User a receipt via email. If it is determined that the primary payment method in the User Account has expired, is invalid, or, for some other reason, cannot be used for collection, the User agrees that KALEIDOSCOPIC may, as a limited collection agent, collect the Freelancer, User Account's payment method, if one is available. Freelancer agrees that KALEIDOSCOPIC shall act as its collection agent under this Section 4. By KALEIDOSCOPIC’s rights under these Terms (including the paragraph below), KALEIDOSCOPIC will generally require payment from a User before the provision of the relevant Freelancer Service and will remit payment to the Freelancer after the User has confirmed that the Freelancer Service has been performed; provided that, notwithstanding anything to the contrary contained in these Terms, KALEIDOSCOPIC shall in no event be liable for non-payment or late payments by Freelancers.
Under Sections 6 and 7 of these Terms (relating to limitation of liability, indemnification of KALEIDOSCOPIC and KALEIDOSCOPIC’s right to opt-in or opt-out of disputes between Freelancers and Freelancers), in connection with KALEIDOSCOPIC, KALEIDOSCOPIC reserves the right to (i) set, eliminate and/or revise the charges for any services or products obtained through the use of the KALEIDOSCOPIC site at any time in its sole discretion and (ii) determine how any payment received by KALEIDOSCOPIC from a User will be available in the event of a dispute between the User and the Freelancer, including the ability to remit such payment to the Freelancer, return a payment to the User or hold such payment in escrow until the dispute is resolved through judicial or other proceedings. You further acknowledge and agree that Charges applicable in certain geographic areas may increase significantly during times of high demand. KALEIDOSCOPIC will take reasonable steps to inform you of the charges that may apply. KALEIDOSCOPIC may, where it deems appropriate, offer certain promotional offers and discounts that may result in the collection of different amounts for similar or like services or products obtained through the use of the KALEIDOSCOPIC Site, and you agree that these promotional offers and discounts, unless also available or applicable to you, will not affect your use of the KALEIDOSCOPIC Site or the charges that apply to you. Freelancers may choose to cancel requests for Freelancer's services or products at any time, in which case Freelancers may be subject to a cancellation fee.
5. INTELLECTUAL PROPERTY; COPYRIGHT AND CONFIDENTIALITY
A. INTELLECTUAL PROPERTY RIGHTS
All text, graphics, editorial content, data, formatting, graphics, layouts, HTML language, look and feel, photographs, music, sounds, images, software, videos, fonts, and, other content (collectively, "Proprietary Material") that you View or read on the KALEIDOSCOPIC Site is owned by KALEIDOSCOPIC, not including the content that KALEIDOSCOPIC has the right to use as described above. The proprietary material is protected in all forms, media, and technologies now known or hereafter developed. KALEIDOSCOPIC owns all of the Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Material as a collective work under United States copyright law, as amended. The Proprietary Material is protected by national and international copyright, patent, and other intellectual property laws and laws. You may not copy, download, use, redesign, reconfigure, or retransmit any element of the KALEIDOSCOPIC Site without the express prior written consent of KALEIDOSCOPIC and, if applicable, the owner of the rights to the content. Any use of this proprietary material, except as permitted hereunder, is expressly prohibited without the prior written permission of KALEIDOSCOPIC and, if applicable, the owner of the rights to the content.
The KALEIDOSCOPIC service marks and trademarks, including, without limitation and without limitation, the "KALEIDOSCOPIC" and KALEIDOSCOPIC Logos are service marks owned by their autonomous marketplace. Any other trademarks, service marks, logos, and/or trade names appearing on the KALEIDOSCOPIC site are the property of their respective owners. You may not copy or use any of these trademarks, logos, or trade names appearing on the KALEIDOSCOPIC site without the express prior written consent of the owner.
B. Copyright Claims and Copyright Agents.
KALEIDOSCOPIC respects the intellectual property of others and expects users to do the same. If you believe in good faith that any of the materials provided on or in connection with the KALEIDOSCOPIC Site infringe your copyright or other intellectual property rights, please send the following information to customerservice@kaleidoscopicstore.net:
- Identification of the intellectual property right allegedly infringed. All relevant registration numbers or a statement of ownership of the work should be included.
- A statement specifically identifying the location of the material that allegedly infringes your rights, with sufficient detail for KALEIDOSCOPIC to find it on the KALEIDOSCOPIC site. Note that simply providing a top-level URL is not sufficient.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material that allegedly infringes your rights is not authorized by the rights owner, its agents, or the law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- A physical or electronic signature of the copyright owner or the person authorized to act on the copyright owner's behalf.
C. CONFIDENTIAL INFORMATION
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of KALEIDOSCOPIC and agree that you will not disclose, transfer, use (or attempt to induce others to disclose, transfer or use) Confidential Information for Purposes other than disclosure to your employees and authorized agents who are required to maintain the confidentiality of Confidential Information. You must notify KALEIDOSCOPIC immediately in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You must use your best efforts to protect confidential information from unauthorized disclosure, transfer, or use. You must return all originals and any copies of materials containing Confidential Information to KALEIDOSCOPIC upon the termination of this Agreement for any reason. The term "Confidential Information" shall mean all trade secrets and confidential and proprietary information of KALEIDOSCOPIC and all other information and data of KALEIDOSCOPIC that is not generally known to the public or to third parties who may derive value, economic or otherwise, from its use or disclosure. Confidential information shall be deemed to include technical data, know-how, studies, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, configuration information, and hardware. Marketing, financial or other commercial information is disclosed directly or indirectly in writing, orally, or using drawings or observations.
6. DISCLAIMERS OF LIABILITY; LIMITATION OF LIABILITY; INDEMNITY.
A. DISCLAIMER OF LIABILITY
Products and services purchased or offered (whether or not through recommendations and suggestions) through the KALEIDOSCOPIC site (including, without limitation, freelancer services) ("KALEIDOSCOPIC Services") are provided "AS IS" AND without any warranty of any kind by KALEIDOSCOPIC or other persons (concerning to such other persons only, expressly and unequivocally provided in writing by a designated third party for a specific product). KALEIDOSCOPIC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF KALEIDOSCOPIC SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KALEIDOSCOPIC SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR SALE, DEFECTIVENESS, OR LEGALITY. NOTWITHSTANDING THE FOREGOING, KALEIDOSCOPIC AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, AUTHORITATIVE, OR CORRECT; THAT THE SERVICES WILL MEET FREELANCER'S REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KALEIDOSCOPIC DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY, OR SKILL OF FREELANCERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND THE SERVICES OR PRODUCTS ORDERED IN CONNECTION THEREWITH SHALL BE BORNE SOLELY BY YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT KALEIDOSCOPIC SHALL NOT BE LIABLE FOR YOUR ACTIONS OR OMISSIONS OR THE ACTIONS OR OMISSIONS OF ANY USER OR FREELANCER.
B. LIMITATION OF LIABILITY
KALEIDOSCOPIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, RELATED TO OR RESULTING FROM THE USE OF THE SERVICES, EVEN IF KALEIDOSCOPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KALEIDOSCOPIC SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR DAMAGE ARISING OUT OF: (I) YOUR PROVISION OF, USE OF, OR RELIANCE ON KALEIDOSCOPIC' SERVICES OR YOUR INABILITY TO ACCESS OR USE KALEIDOSCOPIC' SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY FREELANCER, EVEN IF KALEIDOSCOPIC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KALEIDOSCOPIC SHALL NOT BE LIABLE FOR DELAYS OR FAILURE TO PERFORM RESULTING FROM CAUSES BEYOND KALEIDOSCOPIC' REASONABLE CONTROL. THE USER ACKNOWLEDGES THAT FREELANCERS OFFERING FREELANCE SERVICES MAY NOT HAVE PROFESSIONAL LICENSES OR AUTHORIZATIONS. IN NO EVENT SHALL KALEIDOSCOPIC' TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE TOTAL CHARGES PAID OR RECEIVED BY YOU THROUGH KALEIDOSCOPIC DURING THE SIX (6) MONTHS BEFORE THE CLAIM IS FILED.
YOU MAY USE KALEIDOSCOPIC SERVICES TO ORDER AND SET UP PRODUCTS OR LOGISTICS SERVICES WITH Freelancers, BUT YOU AGREE THAT KALEIDOSCOPIC SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH THE PRODUCTS OR LOGISTICS SERVICES OFFERED TO YOU BY FREELANCERS CONCERNING YOUR USE OF THE FREELANCER SERVICES (INCLUDING NON-PAYMENT) OTHER THAN AS EXPRESSLY OUTLINED IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS OUTLINED IN SECTION 6 ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER THE USER'S RIGHTS AS A CONSUMER WHICH MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
C. INDEMNITY
You agree to hold harmless and indemnify KALEIDOSCOPIC and its officers, directors, employees and, agents from and against any claims, demands, losses, liabilities, and expenses (including, without limitation, attorneys' fees) arising out of or relating to (I) Your use of the KALEIDOSCOPIC Site or the services or products obtained, provided or sold through your use of the KALEIDOSCOPIC Site, including any data or content transmitted or received by you, or access to or use of the KALEIDOSCOPIC Site by a third party With your username and password; (II) Your breach or violation of any of these Terms or applicable laws, rules or regulations (including, without limitation, tax or labor laws); (III) The use of Your Content by KALEIDOSCOPIC; OR (IV) Your violation of the rights of third parties, including KALEIDOSCOPIC and Freelancers. You agree to hold harmless and indemnify Freelancers and its officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, and expenses (including but not limited to, attorneys' fees) arising out of or relating to (I) your use of the KALEIDOSCOPIC Site or the services or products obtained, provided or sold through your use of the KALEIDOSCOPIC Site, including any data or content transmitted OR received by you, or access to or use of the KALEIDOSCOPIC Site by a third party under your user name and password; (II) Your breach or violation of any of these Terms or applicable laws, rules or regulations (including, without limitation, tax or labor laws); (III) The use of Your Content by KALEIDOSCOPIC; OR (IV) Your violation of the rights of third parties, including KALEIDOSCOPIC and Freelancers.
7. DISPUTES BETWEEN YOU AND FREELANCERS
Your interactions with organizations and/or individuals found through the KALEIDOSCOPIC site, including payment and delivery of products and services, and any other terms, conditions, warranties, or representations associated with these communications are solely between you and those organizations and/or Individuals. You should make such investigations as you deem necessary or appropriate before proceeding with any online or offline transactions with any of these third parties. You agree that KALEIDOSCOPIC shall not be liable for any loss or damage of any kind arising as a result of any such communications. If there are any disputes between Freelancers and/or Freelancers, or between Freelancers and/or Freelancers and any third party, you agree that KALEIDOSCOPIC, in its sole discretion, may determine the amount of any charges and to whom to remit them accordingly. With Section 4, it is understood that KALEIDOSCOPIC shall under no circumstances be obligated to participate in such disputes. In connection with disputes with other Freelancers or freelancers, you hereby agree to hold KALEIDOSCOPIC harmless from claims, claims, and damages, actual and consequential, of every kind and nature, known and unknown that are related to such dispute or our determinations in this regard.
8. DISPUTES WITH KALEIDOSCOPIC
A. JURY VERDICT WAIVER
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms or the use of the KALEIDOSCOPIC Site (collectively, "Disputes") will be resolved by binding arbitration between you and KALEIDOSCOPIC, except that each party reserves the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or potential infringement, misappropriation or violation of any party's copyright, trademark, trade secret, patent or other intellectual property rights. You acknowledge and agree that you and KALEIDOSCOPIC are waiving the right to trial by jury or to participate as a plaintiff or party in any class action or representative action sought. Further, unless you and KALEIDOSCOPIC agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not decide class actions or representative actions of any kind. If this particular paragraph is held invalid, then the entire "Dispute Resolution" section shall be deemed void. Except as stated in the preceding sentence, this "Dispute Resolution" section will continue in effect after termination of these Terms.
B. INFORMAL NEGOTIATION
To expedite the resolution and reduce the cost of any dispute, controversy, or claim relating to this Agreement or otherwise arising out of the relationship between you and KALEIDOSCOPIC, you agree as to the first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations shall commence upon written notice. Your address for purposes of these notices will be the address listed in your KALEIDOSCOPIC account. KALEIDOSCOPIC’s address for the purposes of these notices is customerservice@kaleidoscopicstore.net.
9. OTHER PROVISIONS
A. GOVERNING LAW
These terms shall be governed by and construed by the laws of Mexico, excluding its conflict of laws principles.
B. NOTICES
KALEIDOSCOPIC may send notices using a general notice on the KALEIDOSCOPIC site, by email to the email address listed in your account, or by written communication sent by certified mail or postage prepaid to the address listed in your account. Such notices will be deemed completed upon expiration of 48 hours after mailing or posting (in the case of sending by certified mail or postage prepaid) or 12 hours after sending (in the case of sending by email). You may send notices to KALEIDOSCOPIC at any time by certified mail to KALEIDOSCOPIC, to the postal address shown on our website, and such notices will be deemed completed when received by KALEIDOSCOPIC.
C. PREVAILING LANGUAGE
The Spanish language version of this Agreement shall prevail in all respects and in the event of a conflict with translated versions if any.
D. GENERAL.
You may not assign these Terms without the prior written approval of KALEIDOSCOPIC. KALEIDOSCOPIC may assign these Terms without your consent to (I) subsidiaries or affiliates; (II) Acquisitions of KALEIDOSCOPIC equity, business, or assets; OR (iii) Successors by merger. Any attempted assignment that does not comply with this section shall be void. No joint venture, partnership, employment relationship, or agency relationship exists between you and KALEIDOSCOPIC as a result of this agreement or use of the KALEIDOSCOPIC Site. If any provision of these terms is held invalid or unenforceable, that provision will be struck and the remaining provisions will remain valid to the fullest extent permitted by law. The failure of KALEIDOSCOPIC to exercise any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KALEIDOSCOPIC in writing.
BY CLICKING "I ACCEPT", YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND TAKEN STEPS TO SERIOUSLY CONSIDER THE CONSEQUENCES OF THIS AGREEMENT, THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THAT YOU ARE LEGALLY ENTITLED TO ENTER INTO THIS AGREEMENT WITH KALEIDOSCOPIC.
KALEIDOSCOPIC STORE
Cancellation and Refund Policy
Last update: May 1st, 2022.
When a client accepts a proposal for a fixed-price project, the client makes a guaranteed payment. This payment remains with KALEIDOSCOPIC until the project is completed and the client releases the payment to the professional.
If any problem occurs with the project, the project may be canceled. In this case, the value that is still in guarantee in the platform, that is, the value that has not been released to the professional by the client may be reimbursed to the client.
En el caso en que haya una cancelación con restitución al cliente, por proceso este valor quedará como crédito en la cuenta de KALEIDOSCOPIC del cliente. En este momento el cliente podrá optar por usar el valor como crédito en futuras contrataciones o solicitar el reembolso de este valor.
In case the client opts for a refund of the balance in the account, the refund will be made according to the payment method used in the initial transaction of this payment.
When the refund is not possible, either because the payment is over 180 days or because the method used does not allow the refund option, we can offer the client any of the professionals' withdrawal methods as a refund option.
In this case, the client may opt for a local bank transfer, or withdrawal through Payoneer or PayPal and we can also offer the transfer of the value to the client's Mercado Pago account. It is important to clarify that, in all cases, the withdrawal costs of any method are the responsibility of the customer. In none of these cases will KALEIDOSCOPIC be responsible for these costs.
Refund Value
Whenever a refund is requested, we will refund the total value that the customer has in his account. KALEIDOSCOPIC does not retain any value and we do not charge a refund fee.
ATTENTION:
When a project is terminated by mediation, arbitration, or dispute, KALEIDOSCOPIC’s 4.5% service fee will not be refunded.
It is important to remember that refunds are only possible on fixed-price projects or for aggregate funds. Hourly projects do not work with guarantee payments and therefore work differently. In hourly projects, it is not possible to receive reimbursement for the hours registered, approved, and paid by the client.
KALEIDOSCOPIC
Privacy Policy
Last update: May 1st, 2022.
Privacy Policy
At kaleidoscopicstore.net, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by Kaleidoscopic Store and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us through email at customerservice@kaleidoscopicstore.net.
Log files
Kaleidoscopic Store follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and are a part of hosting services’ analytics. The information collected by log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any personally identifiable information. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Our Advertising Partners
Some of the advertisers on our site may use cookies and web beacons. Our advertising partners include: • Google • Bing • Facebook Each of our advertising partners has a Privacy Policy for their website. For easier access, an updated and hyperlinked resource is maintained on the website.
Privacy Policies
You may consult this list to find the Privacy Policy for each of the advertising partners of Kaleidoscopic Store. Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on Kaleidoscopic Store, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit. Note that Kaleidoscopic Store has no access to or control over these cookies that are used by third-party advertisers.
Third-Party Privacy Policies
Kaleidoscopic Store’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt out of certain options. You may find a complete list of these Privacy Policies and their links here: Privacy Policy Links. You can choose to disable cookies through your browser options. To know more detailed information about cookie management with specific web browsers, it can be found on the browsers’ respective websites.
Children’s Information
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. Kaleidoscopic Store does not knowingly collect any Personal Identifiable Information from children under the age of 18. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Online Privacy Policy Only
This privacy policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect on Kaleidoscopic Store. This policy does not apply to the information collected offline or via channels other than this website.
Consent
By using our website, you hereby consent to our Privacy Policy and agree to its Terms and Conditions.
