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Terms of Service

Acceptance of Terms and Conditions

Please read these terms and conditions ("Terms of Use" or "Agreement"). By accessing or using kalei.do, or any other website or services owned or controlled by Inporia, Inc. (collectively, the "Website"), you acknowledge that that you have read and agree to be bound by these terms and conditions ("Terms of Use" or "Agreement"). If you do not agree, you should exit the Website and not use any of our products or services or provide any information.

Throughout this Agreement we may refer to Inporia as "us" or "we," and we may refer to you as the "user" or "end user."

General

Subject to the terms and conditions of this Agreement, Inporia may provide certain services, as described more fully on the Website, which are selected by you through the process provided on the Website ("Services"), solely for your own use, and not for the use or benefit of any third party. By using Website or any of its Services, you agree to comply with all of these terms and conditions. The right to use the Website is personal to you, the End User, and is not transferable to any other person or entity.

Inporia has the right to change, suspend or discontinue any aspect or feature of the Website or Services, or any portion thereof, at any time, including the availability of or access to any feature, database, content, hours of availability and equipment needed for access or use.

You represent and warrant that (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

Electronic Communications

When you visit the Website or use the Services you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website and Services are offered by Inporia from its facilities in the United States of America. We make no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

Modified Terms

Inporia reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If we make any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Website. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice or our posting of notice of the changes on the Website, provided that these changes will not apply to purchases prior to the effective date of such changes. We suggest you re-read this important notice containing our Terms of Use and our Privacy Policy from time to time in order to stay informed of any such changes. Any use of the Website by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.

Equipment

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service and all charges related thereto. Inporia is not liable for any damages to the End User's equipment resulting from use of the Website or Services.

Website Content and Copyright Policy

The Website and its contents are intended solely for the personal, non-commercial (except as specifically and expressly agreed in writing by Inporia in connection with a specified feature of the Website) use by End Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website (including, but not limited to text, blogs, graphics, articles, video, photographs, images, illustrations (also known as the "Content")) are protected by copyright and are the exclusive property of Inporia or used with consent of the copyright and/or trademark owner. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website or Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You shall not remove, obscure, or alter any notices or links (e.g., links to our Privacy Policy and Terms of Use) on the Website or any of its features or tools. You may link to the Website or Services so long as the link does not portray Inporia, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Inporia logo or other proprietary graphic or trademark as part of the link without express written permission. Trademarks and copyrighted materials that are located within or on the Website or the Services shall not be deemed to be in the public domain but rather the exclusive property of Inporia or the trademark or copyright owner thereof.

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. Inporia owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

You may download, print, and/or save the Content, and other items displayed on the Website for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Inporia, or from the copyright holder identified in such Content's copyright notice.

In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users. You understand that by submitting or posting information, blogs, or other content on the Website or otherwise providing content, materials or information to Company or in connection with the Services, Company hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, transferable right to fully exploit, use, reproduce, modify, adapt, publish, translate and distribute such content, materials and information, in whole or in part (including all related intellectual property rights) and to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material (including the right to use any such comments, message or information for promotions, advertising, market research or any other lawful purpose) and to allow others (including other End Users) to do so, however, Company will only share personally identifiable information that you have not made publicly available in accordance with our current privacy policy. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, modify, delete and translate any materials, content or information submitted by you (in whole or in part). You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we are not liable for any errors or omissions in any content. You understand that Inporia cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will Inporia be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Website. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Inporia does not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. Inporia shall have no obligation to monitor any user generated content, however, Inporia and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content or material, at its sole discretion, on the Website or through the Services, including disabling access to content that you have downloaded through via the Website.

Inporia reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Inporia by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted on the Website in a way that constitutes copyright infringement, you shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Website of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Inporia's Copyright Agent for notice of claims of copyright infringement is as follows:

Email:

Mail: Attn: Privacy Officer, Inporia, Inc., 425 2nd St, Suite 250, San Francisco, CA 94107, USA.

Your Warranty

You warrant, represent and agree that you will not contribute any Content or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malmare, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Inporia. You, not Inporia, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possesses all rights necessary to provide such content to Inporia and to grant Inporia the rights to use such information in connection with the Services and as otherwise provided herein.

Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Website and Services:

  • If a comment is made using your identity or screen name it will be deemed to have been posted by you.
  • Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
  • Do not make false or misleading statements.
  • Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by Inporia in connection with a feature on the Website.
  • Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
  • Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
  • Keep all comments relevant and "on topic" to the particular Service posting that is open for comments.

Restrictions

You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any End User, or, without Inporia's express, prior written approval, contains any advertising or any solicitation for products or services. You shall not use the Website or Services to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Inporia.

Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website, or use of any data mining, robots or similar data gathering and extraction tools, is strictly prohibited. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Inporia without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Inporia's name or trademarks without our express written consent. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on the Website.

Warranty Disclaimer

END USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND THE SERVICES ARE AT END USER'S SOLE RISK. NEITHER INPORIA, NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR COUPONS OR VOUCHERS PROVIDED THROUGH THE WEBSITE OR THE SERVICES.

THE WEBSITE AND SERVICES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. INPORIA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE OR THE SERVICE.

Inporia makes no representations concerning any content contained in or accessed through the Website, and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Inporia makes no representations or warranties regarding the accuracy of size, quality, colors, textures, prices, availability of merchandise or validity of coupon codes displayed anywhere on the Website or accessed through the Website (such as on Third Party Websites), or regarding suggestions or recommendations of services or products offered or purchased through the Website, or that the Website or any Content will be uninterrupted or error-free.

Privacy Policy.

For information regarding Inporia's treatment of personally identifiable information, please review our current privacy policy.

Registration and Security

As a condition of using the Website, you may be required to register or create a profile and select a password and user name ("User ID"). You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password.

Indemnity

You will indemnify and hold Inporia, its parents, subsidiaries, affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand arising out of or related to any products or services purchased by you in connection with the Website or any Services or your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

Limitation of Liability

IN NO EVENT SHALL INPORIA OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

Fees and Payment

Inporia reserves the right to require payment of fees for certain Services, such as premium services. Inporia will provide notice in the event of any such fees. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Websites.

The Website may contain links to third party websites that are not owned or controlled by Inporia. When you access third party websites, you do so at your own risk. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites (including accuracy of size, quality, colors, textures, prices, availability of merchandise or validity of coupon codes). In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve Inporia from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals, including merchants and retailers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, including their failure to comply with applicable law and/or failure to abide by the terms of a Voucher or Coupon are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Inporia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Inporia is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Inporia, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."

Termination

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. We may terminate your access to the Website (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Trademarks

Kaleidoscope and kalei.do are proprietary service marks of Inporia, Inc.

All other trademarks displayed on Inporia, Inc.'s Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Inporia, Inc. and these companies.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Inporia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. Inporia may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Inporia in any respect whatsoever.

Questions

If you have any questions or notices of violation of this Agreement, please contact us at

Last Updated: March 25, 2012