Terms of Service
Please read these Terms of Service carefully before using our Services or accessing our Website. By using any of our Services (other than to read these Terms of Service for the first time) you are agreeing to comply with these Terms of Service, which may change from time to time as set forth in Section 24 below. If you do not agree to be bound by these Terms of Service, do not use our Services. Use of the Services shall be deemed as acceptance of the following Terms and Conditions.
1. Your Service Provider. The entity providing the Services is Kaleidoscope Faith LLC (referred to as “KFM”, “we”, “us”, or “our”).
2. Age Requirements and Parental Permission. You must be at least 13 years old to use the Service; however, children of all ages may access the Website and use the Services if authorized by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
3. Organizations. If an employee of a church, ministry, organization, or entity access the Website or uses the Services on behalf of their church, ministry, organization, or entity, then that person warrants and represents that they are authorized to bind their church, ministry, organization, or entity to these Terms of Service.
4. Content on the Service. The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, KFM or a third-party (collectively, "Content”).
5. Content is the Responsibility of the Provider. Content found on the Website is the responsibility of the person or entity that provides it. KFM is under no obligation to host or serve Content. If you see any Content you believe is inappropriate for the Service, including Content that violates these Terms of Service, you should report it to us.
6. Protecting your Account. To protect your KFM account, keep your password confidential. You should not reuse your KFM account password on third-party applications.
8. Permissions. You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may access and use Content for your personal, non-commercial use, or as otherwise authorized by the applicable Content License Agreement for any content purchased or downloaded from the Service.
9. Restrictions. The following restrictions apply to your use of the Service.
a) You are not allowed to: access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: as expressly authorized by the Service or an applicable Content License Agreement for content purchased or downloaded from the Service; or with prior written permission from KFM and, if applicable, the respective rights holders.
b) You are not allowed to circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that prevent or restrict the copying or other use of Content or limit the use of the Service or Content.
c) You are not allowed to access the Service using any automated means (such as robots, botnets or scrapers) except in the case of public search engines, in accordance with KFM’s robots.txt file; or with KFM’s prior written permission; collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person.
d) You are not allowed to use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations; cause or encourage any inaccurate measurements of genuine user engagement with the Service; misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; run contests on or through the Service without KFM’s express written permission; use the Service to access Content other than for personal, non-commercial use or as authorized by applicable Content License Agreements.
e) You are not allowed to use the Service to sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content or sell advertising, sponsorships, or promotions on any page of the Website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where videos sourced from the KFM Website are the main draw for users visiting the webpage).
10. Reservation. Using the Service does not give you ownership of or rights to any aspect of the Service, including usernames or any other Content posted by others or KFM.
11. Changes to the Service. KFM reserves the right to change or improve the Website and the Services. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
12. Uploading Content. If you upload content, you will only do so in compliance with KFM’s Content Submission Agreement. You are legally responsible for the Content you submit to the Service. We may use automated systems and reporting mechanisms to help detect infringement and abuse, such as spam, malware, and illegal content.
13. Removing Your Content. You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
14. Removal of Content By KFM. If we reasonably believe that any Content is in breach of this Agreement or may cause harm to KFM, our users, or third parties, we may remove or take down that Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for KFM; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, or KFM.
15. Copyright Protection. If you believe your copyright has been infringed on the Service, please send us a notice at email@example.com.
16. Account Suspension & Termination. You may stop using the Service at any time. KFM may suspend or terminate your access, your account, or your account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, or KFM.
17. Terminations by KFM for Service Changes. KFM may terminate your access, or your account’s access to all or part of the Service if KFM believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.
18. Notice for Termination or Suspension. We will notify you with the reason for termination or suspension by KFM unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for KFM; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, or KFM. Where KFM is terminating your access for Service changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.
19. Effect of Account Suspension or Termination. If your account is terminated or your account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use.
20. Open Source. Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
21. Other Legal Terms.
a) Warranty Disclaimer. OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND KFM DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
b) Limitation of Liability. EXCEPT AS REQUIRED BY APPLICABLE LAW, KFM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY: ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; ANY INTERRUPTION OR CESSATION OF THE SERVICE; ANY VIRUSES OR MALICIOUS CODE TRANSMITTED THROUGH THE SERVICE BY ANY THIRD PARTY; ANY CONTENT SUBMITTED BY YOU OR ANOTHER USER OF THE SERVICE; OR THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT. THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. KFM AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT KFM HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO KFM, OF THE CLAIM; AND (B) USD $500.
22. Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless KFM, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
24. Modifying this Agreement. We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. KFM will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
25. Severance. If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
26. No Waiver. If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
27. Interpretation. In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
28. Governing Law. All claims arising out of or relating to these terms or the Service will be governed by Michigan law, except Michigan’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Isabella County, Michigan, USA. You and KFM consent to personal jurisdiction in those courts.
29. Limitation on Legal Action. YOU AND KFM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.