- Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting. Your continued access to Our Application constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms in the Application. Please review the Terms periodically so you are aware of any amendments.
- Additional Terms. Although you are always bound by the Terms, in using additional features, products, or services you may be bound by and subject to additional terms, including but not limited to Frequently Asked Questions ("FAQs"), guidelines, and rules applicable to certain features, products, or services. These additional terms may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Application, unless expressly stated. Any and all additional terms are incorporated within these Terms by reference.
- Capacity. This Application is designed for a general audience as a service for adults ages eighteen (18) and over. We will assume (and by using this Application You warrant that) You have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient age and mental capacity, and are otherwise entitled to legally bound in contract.
- Kaleidostat Account.
- Login. Our Application requires an account login feature to allow You to check-in to the location where You watched a game, log and upload content as mementos, track statistics for games, conduct research on statistics related to games You have watched, view content, submit content, received updates on Your favorite team’s events, and connect with other users. We reserve the right to determine, in Our sole discretion, any features, products, or services offered as part of the Application.
- Eligibility; Account Information. In order to create an account, you must be at least eighteen (18) years of age and complete the registration process by providing Us with complete, current, and accurate information as requested in our Application registration form. By creating an account, You agree to provide true, accurate, and current data in connection with that account. Any usernames and passwords used for this Application are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your account. You agree to notify Little Silver immediately of any unauthorized use of Your username, password, or account, or any other breach of security. We are not liable for any loss that You may incur as a result of someone using Your username, password, or account, either with or without Your knowledge.This Application is not available to persons outside the United States and the Canadian province of Ontario, and these Terms apply only to persons within such jurisdictions. This Application is also not available to any persons suspended or removed from the Application by Little Silver. In using this Application, You represent that You are a resident of the United States or THE CANADIAN PROVINCE OF Ontario who has not been suspended or removed from the Application. Persons choosing to access this Application do so at their own discretion and initiative, and are responsible for compliance with these Terms, all local laws and rules, including but not limited to, such laws and rules regarding the internet, date, email, electronic messages, privacy, and security.
- Social Features. You understand and agree that the Application may include comments and additional social network/engagement functions, and Your activities (e.g., browsing, content viewing, comment posting, interactions with individuals and Little Silver on the Application, etc.) may be shared with others both on and off the Application. If you do not want Your activities to be shared, Your only option is to not use the Application.
- Length. Your account will continue until You request to cancel Your account or Little Silver, in its sole discretion, cancels Your account.
- Use. The Application and its contents are for Your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or features obtained from the Application without Our prior written consent. Your account may not be assigned or transferred to any other person or entity, nor may You provide any other person or entity with access to Your account, either directly or indirectly.
- Unavailability. Your access to the Application and Your account may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Application or Your account, or any of the consequences from such interruptions.
- Right to Refuse. Little Silver reserves the right to refuse or revoke service or access to the Application to You or any user at any time.
- Termination; Modification.
Without any further notice and at any time, You understand and agree that Little Silver may terminate, cancel, deactivate, and/or suspend Your access to the Application and to Your account, including any and all of Your comments, activities, data, inputs, or any other information or material in any form. Little Silver reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Application, including Your account. You understand, acknowledge, and agree that Your sole right regarding the termination or modification of Your account or the Application, is to cancel Your account and to stop using the Application. To cancel your account, select the appropriate “cancel” option through Your Account webpage in the Application, or email info@Kaleidostat.com.
- Conduct and Acceptable Use.
The following rules are a condition of Your use of and access to the Application. You are responsible for the content of Your communications and representations on the Application, and those communications and representations made in Your account on the Application.
We may require, at any time, proof that You are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Application or seeking other legal or equitable remedies, once We become aware of any violation of these Terms.
- No Interference. You may not interfere with any other user from using or enjoying the Application.
- No Bullying. You may not use the Application to threaten, abuse, harass, or invade the privacy of any person.
- Content Posted By You. You may not upload, post, transmit, or otherwise distribute or facilitate the distribution of content that is not Yours or for which You do not have the appropriate permissions from the owner of such content, or that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.
- Your Materials Must Be Lawful and Appropriate. You may not upload, post, or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
- Do Not Damage Our Application Or Servers. You may not upload, post, or otherwise distribute or facilitate the distribution of software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software, hardware, or portion of the Application, any other online services, or to obtain unauthorized access to the Application, content, or any data or other information of any third party.
- No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Application or use the Application, its content, or any information contained therein for any unlawful purpose. Little Silver, in its sole and absolute discretion, shall determine whether any content You transmit or receive or Your use of the Application and its content violates this provision.
- Be Yourself. You may not impersonate, falsely state, or otherwise misrepresent Your personal, professional, or other affiliation to Little Silver or with any other person or entity.
- No Criminal Or Unlawful Conduct. You may not use the Application or its content or any information contained therein for any unlawful purpose, and You may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
- Follow These Terms and Conduct Rules. You may not take any action on the Application that violates any applicable law or these Terms.
- User Submissions and Content.
The Application may provide certain features that permit You and other users to submit content or information, which may include text, pictures, videos, messages, suggestions, materials, works of authorship, ideas, or concepts ("User Content"). All User Content submitted by You will be owned or controlled by You, or owned by others who provided you permission to submit such User Content. At times, this User Content may be shared by You, other users, or Little Silver in association with the Application.
You agree that any User Content, in whole or in part, may be used by Little Silver for any purpose including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media. You additionally agree that Little Silver is free to use any ideas, concepts, techniques, or know-how contained in any User Content You send to or post on or via the Application for any purpose whatsoever including but not limited to developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate You or anyone else for them.
Do not post your personally identifiable contact information in any part of the site accessible to users, including but not limited to your telephone number, home, business, or email address. Any posting of such personal information is expressly at your own risk.
- Ownership; Proprietary Rights.
All Application content and materials including, but not limited to, articles, other text, logos, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries including Canada. The Intellectual Property is owned, licensed or controlled by Little Silver or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Application is the exclusive property of Little Silver and protected by United States and international copyright laws. Except as expressly authorized by Little Silver, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Application content and materials.
- Third-Party Sites, Products, & Services; Links.
The Application may contain links to third party websites and applications ("Third-Party Sites"). LITTLE SILVER IS NOT RESPONSIBLE FOR THIRD-PARTY SITES AND THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY LITTLE SILVER. ACCORDINGLY, LITTLE SILVER MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE APPLICATION OR OTHER SERVICE OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY LITTLE SILVER. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
- Disclaimer; No Warranties; Limitation On Liability and Damages.
SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, LITTLE SILVER AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE APPLICATION, CONTENT, OR USER CONTENT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, LITTLE SILVER AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU ALSO SPECIFICALLY AGREE THAT LITTLE SILVER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE APPLICATION BY ANY THIRD PARTY. YOU FURTHER AGREE THAT LITTLE SILVER AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE APPLICATION AND/OR MAY DISCONTINUE ANY PART OF THE APPLICATION AT ANY TIME.
ALSO SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL LITTLE SILVER AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR ENFORCEABLE FOR ANY REASON, THEN LITTLE SILVER’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION AND TERMINATE YOUR ACCOUNT.
- Indemnification; Hold Harmless.
You agree to indemnify and hold Little Silver, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Little Silver harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any terms or conditions contained in these Terms.
Little Silver may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
Sections 4, 7, 8, 11, 12, 13, 14, 16, 18, 19, and 20 shall survive any termination of this agreement.
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
- Entire Agreement.
No waiver of any of these Terms by little silver is binding unless authorized in writing by an executive officer of Little Silver. If Little Silver waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner AFFECT the right of Little Silver to enforce the same at a later time.
- Children’s Online Privacy Protection Act ("COPPA") Notification.
This Application is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, Little Silver hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
- Digital Millennium Copyright Act.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Application, should be promptly sent in the form of written communication to Little Silver Partners, LLC, PO Box 142, Rumson, New Jersey 07760. All claims must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c/o Little Silver Partners, LLC
PO Box 142
Rumson, NJ 07760