Gifted Terms Of Participation

Last Modified: March 3, 2017

Gifted®, By The Kaleidoscope Experience®, LLC.

This is a legal (“Agreement”) between Participant and THE KALEIDOSCOPE EXPERIENCE®, LLC., a New York Limited Liability Company (“Company”), which may be contacted at 1309 Coffeen Ave Ste 6166 Sheridan, WY 82801. By accessing the Company’s U.S. website, currently located at www.TheKaleidoscopeExperience.com (the “Site”), and using any of the Services (“Gifted”) as further defined below and accessible through the Site, Participant becomes a user and agree to, and are bound by these Terms, the Terms and Conditions of the Site and the Privacy Policy of the Site for as long as Participant continues to use Gifted®. IF PARTICIPANTS DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Participants understand that all logos, artwork and program names are the Intellectual Property of the Company.

Users of Gifted®, both Gifters and Giftees (“Participants”), agree to the following core requirements of this program:

1. Commitment, Willingness & Follow Through: Gifters to package per the guidelines herein, send the gift. Gifters & Giftees photograph and detail their experience.

2. Receptivity & Openness: Giftees to accepting whatever is received as meant to be theirs.

3. Patience: (Giftees) Divine timing with no timeline or expected delivery date

4. Gift: Ideally to give something that Gifters were given/gifted. Alternatives are to purchase unique treasures available from time to time on this website or hand make a special gift.

1. Eligibility.

a. Minimum Age. Participants must be at least 18 years old to use the site. Alternatively, if Participants are under the age of 18 and seeking to participate in Gifted®, then Participant must have a parent or legal guardian sign Participants onto the site, acknowledge that they accept these Terms on the minor’s behalf and that they will provide supervision as deemed necessary.

b. Criminal History. The Company does not conduct criminal background checks on Participants. By requesting to use, registering to use, and/or using Gifted, Participants represent and warrant that Participants are not required to register as a sex offender with any government entity. However, Company reserves the right to conduct any criminal background check, at any time and using available public records, to conrm compliance with this subsection.

2. General Requirements.

a. Exclusive Use. Participant accounts are restricted to personal use only. Participants may not authorize others to use Participant’s account, and may not assign or otherwise transfer Participant’s account to any other person or entity. Participant acknowledges that Company is not responsible for third party access to Participant’s account that results from theft or misappropriation of user names and passwords.

b. Gifting Timeline. We expect that Gifters will send gifts within 21 days of the connection. However, because we are all human, we allow wiggle room for extenuating circumstances such as unexpected international travel or medical emergencies. Gifters must submit gift information (i.e. story, photo(s) and tracking information within 21 days as well unless there are extenuating circumstances. Company may not be able to immediately provide Participants with a connection but will do so as soon as a corresponding Giftee or Gifter becomes available.

c. Gifting Commitment. By participating in Gifted®, Participants make a firm commitment to assigned Giftees. If for any reason other than an extenuating circumstance Gifters do not send gift(s) within the timeline provided in Section 2(b) Participants will no longer be allowed to participate in the Service. The Giftee’s name will immediately return to the list to be connected with another Gifter.

d. Gifting Status. Participants will receive a connection notification email once the connection is made and it will provide access to all relevant information concerning the exchange.

e. Kaleidoscope Identifier. Gifters must print the kaleidoscope label that will be provided by email and affix it to the outer mailing box to identify packages sent from a Gifted connection. Giftees must notify Company if gifts do not arrive packaged according to these standards. The kaleidoscope label is one of Company’s trademarks and may not be duplicated or used for any other purposes.

f. Geographic Limitations. Gifted is intended for use globally. Participants will only use the services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. The services may not be used where prohibited by law.

g. Information Submitted and Access to Account. Participants are solely responsible for, and assume all liability regarding, (i) the information and content Participants submit to Gifted; (ii) the information and content Participants post, transmit, publish, or otherwise make available (hereinafter “post”) through the services; and (iii) Participant’s interactions with other registered users through the services. Participants will have access to the account and all submitted and exchanged information for at least one year from the date of registration.

h. Risk Assumption and Precautions. Participants assume all risk when using Gifted including but not limited to all of the risks associated with any online or offliine interactions with others, including the formation of any personal relationship, not limited to friendships that may be formed.

i. Promotional Use. Participants understand that Company may republish any and all photos and appropriate comments publicly on its Site or other promotional materials. Participants’ names will not be divulged without prior written consent.

j. Reporting of Violations. Participants will promptly report in writing to Company any violation of the Agreement by others, including but not limited to, registered users.

k. Gifting and Communication Restrictions. Any gift or communication that (i) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) is intended to or tends to harass, annoy, threaten or intimidate any other users or participants of the site or services; (iii) is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable; (iv) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, (v) violates someone’s privacy, harms or harasses another person, (vi) creates or disseminates computer viruses; or (vii) is intended to defraud, swindle or deceive other users is strictly prohibited.

l. No False Information. Participants will not provide inaccurate, misleading or false information to Company or to any other Participant. If the information provided to Company or another user subsequently becomes inaccurate, misleading or false, Participants will promptly notify Company in writing of such change.

m. Unique and Bona Fide Prole. Participants will create only one unique prole that must be for bona de “Giftee/ Gifter” purposes to maintain the integrity of the Service (i.e. Participants may not become a Participant solely to research the quality of the gifts).

n. Privacy Policy. For information about the collection and possible use of information and material provided, please click on Company’s Privacy Policy located on the site. By using the site or the services, Participants are consenting to the terms of Company’s Privacy Policy. Additionally, Participants will be asked to complete a questionnaire upon joining Gifted. All information provided therein will be kept strictly condential and for the purposes of fullling the connection. Privacy terms are subject to the Promotional Use terms provided in paragraph 2(i) herein.

o. Disclosure By Law. Participants acknowledge and agree that Company may disclose information Participants provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Company’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

3. Limitation of Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH PARTICIPANT’S USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4. Indemnication. Participants agree to defend, indemnify and hold harmless the Company, its afliates, licensors and service providers, and its and their respective ofcers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to a violation of these Terms of Participation.

5. Complaints. To resolve a complaint regarding Gifted, please contact us at: Gifted@TheKaleidoscopeExperience.com.

6. Email List. Participants understand that Company may use the provided email address to send messages notifying Participants of important changes to the services or special offers. Participants will also have the option to opt-in to Company’s general newsletter but can always unsubscribe at any time.

7. Terms and Termination. This agreement will become effective upon acceptance of the agreement by participation in Gifted and will remain in effect in perpetuity unless terminated hereunder. Either Participants or Company may terminate a Gifted account at any time, for any reason or no reason, without explanation, effective upon sending written notice to Company. Company reserves the right to immediately suspend or terminate access to any of the services, without notice, for any reason or no reason. We also reserve the right to remove personal account information or data from our services and any other records at any time at our sole discretion. In the event access to any of the services is suspended due to the breach of this Agreement, Participants agree that all fees then paid to Company by Participants will be nonrefundable. Gifted accounts may be terminated by sending a notice of cancellation to GiftedCancellations@TheKaleidoscopeExperience.com. Following any termination of any Participant’s use of Gifted the Company reserves the right to send a notice thereof to other Participants which whom the canceling Participant have corresponded.

8. Cancellation As a Result of Death. If because of death Participants are unable to receive or give a gift for which Participant contracted, Participant or Participant’s estate may elect to be relieved of the obligation of the gifting process agreed to before death.

9. Governing Law and Jurisdiction. All matters relating to the Services and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of WYOMING without giving effect to any choice or conict of law provision or rule (whether of the State of WYOMING or any other jurisdiction).