1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS
Rainbow-Leaves Media, Inc. (“Rainbow-Leaves,” “we,” or “us”), provides the website www.Rainbow-Leaves.com (the “Rainbow-Leaves Site”) as a destination for users to enjoy the content posted by Rainbow-Leaves and other users and participate in discussion and commentary based on that content (collectively, the “Content”). The Content, our video player, and any other features, tools, materials, or other services offered from time to time by Rainbow-Leaves through the Rainbow-Leaves Site, mobile applications and other means are referred to collectively as the “Rainbow-Leaves Services.”
By using any of the Rainbow-Leaves Services, you are agreeing to these Terms.
2. CHANGES TO THESE TERMS
We may need to make changes to these Terms for many reasons. You should look at these Terms regularly, which are posted on the Rainbow-Leaves Site and are accessible via a link at the bottom of every page. If we make a material change to these Terms, we will notify you by posting notice of the change on the Rainbow-Leaves Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Material changes to these Terms are effective automatically 30 days after they are initially posted.
3. ACCESS AND USE OF THE Rainbow-Leaves SERVICES
3.1 Age Limitations. If you are under the age of 13, you are not permitted to register with Rainbow-Leaves or provide your personal information to Rainbow-Leaves.
3.2 Your License. Rainbow-Leaves is pleased to grant you a non-exclusive limited license to use the Rainbow-Leaves Services, including accessing and viewing the Content for personal, non-commercial purposes as set forth in these Terms.
3.3 The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any software or other means interfere with or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism or other content protection measure associated with the Content. You may not either directly or through the use of any software or other means copy, download, distribute, modify, display, sell, or transmit the Content. You may not make the Content available via frames. In addition, you are prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Rainbow-Leaves video player, its underlying technology, any digital rights management mechanism, or other content protection measure incorporated into the video player.
3.5 Embedding a Video Using the Video Player. Where Rainbow-Leaves has incorporated an embed option in connection with Content on the Rainbow-Leaves Services, you may embed videos using the video player, provided you do not embed the Video Player on any website or other location that contains, links to, or hosts content that is unlawful, pornographic, obscene, libelous, threatening, vulgar, hateful, racially offensive, encourages criminal conduct, gives rise to civil liability, infringes any right of any third party, or is otherwise inappropriate or objectionable to Rainbow-Leaves in its sole discretion (collectively, “Unsuitable Material”).
3.6 Ownership. You agree that Rainbow-Leaves owns and retains all rights to the Rainbow-Leaves Services. You further agree that the Content you access and view as part of the Rainbow-Leaves Services is owned or controlled by Rainbow-Leaves and/or Rainbow-Leaves’s licensors.
3.7 Your Responsibilities. You will not use the Rainbow-Leaves Services in a way that:
violates the rights of others, including trademark, copyright, privacy, publicity, or other proprietary rights;
uses technology or other means to access, index, frame or link to the Rainbow-Leaves Services that is not authorized by Rainbow-Leaves;
involves accessing the Rainbow-Leaves Services through any automated means, including “robots,” “spiders,” or “offline readers”;
introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware;
damages, disables, overburdens or impairs the Rainbow-Leaves Services, including Rainbow-Leaves’s servers, computer network, or user accounts;
removes, modifies, obscures or otherwise impairs any advertising in connection with the Rainbow-Leaves Services;
uses the Rainbow-Leaves Services to advertise or promote services that are not expressly approved in advance in writing by Rainbow-Leaves;
violates these Terms or any guidelines or policies posted by Rainbow-Leaves;
interferes with any other party’s use and enjoyment of the Rainbow-Leaves Services; or
attempts to do any of the foregoing.
3.8 No Spam/Unsolicited Communications. You may not use the Rainbow-Leaves Services to harvest information about users for the purpose of sending, or to facilitate the sending of, unsolicited bulk or other communications.
3.9 Additional Terms. In order to participate in certain Rainbow-Leaves Services or access certain Content, you may be notified that it is necessary to agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.10 Suspension/Discontinuation. We may change, suspend, or discontinue some or all of the Rainbow-Leaves Services with respect to any or all users, at any time without notice or liability to you.
4. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with Rainbow-Leaves. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
You are responsible for all use of your account. By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Rainbow-Leaves Services.
All registration information you submit must be accurate and updated. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by email at [email protected] as soon as you know of, or suspect any unauthorized use of, your account.
We reserve the right to immediately terminate your use of the Rainbow-Leaves Services at any time, without notice or liability, if Rainbow-Leaves determines in its sole discretion that you have breached these Terms or for any other business reason.
5. COLLECTION AND USE OF PERSONAL INFORMATION
6. USER MATERIALS, REVIEWS, AND COMMENTS
6.1 Your Posts. As part of the Rainbow-Leaves Services, users may have an opportunity to publish, submit, or otherwise post (collectively, “Post”) videos, blogs, reviews, comments, or other materials (collectively, “User Material”). In order to keep the Rainbow-Leaves Services enjoyable for all of our users, you must adhere to the rules below.
You must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Rainbow-Leaves the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees and other payments owed to any party by reason of your Posting User Material. Rainbow-Leaves will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Rainbow-Leaves does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Rainbow-Leaves. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Rainbow-Leaves a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any website, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Rainbow-Leaves is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Rainbow-Leaves), fully-paid, royalty-free (meaning that Rainbow-Leaves is not required to pay you for the use of your User Material), and freely sublicensable. By Posting your User Material, you also hereby grant each user of the Rainbow-Leaves Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Rainbow-Leaves Services and under these Terms.
6.2 Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Rainbow-Leaves does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Rainbow-Leaves. We reserve the right, but have no obligation, to remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Rainbow-Leaves assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Rainbow-Leaves with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find by contacting us through this link: [CONTACT US LINK inserted here].
7. LINKED DESTINATIONS AND ADVERTISING
7.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Rainbow-Leaves operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Rainbow-Leaves Services, we will not warn you that you have left the Rainbow-Leaves Services and are subject to the terms and conditions (including privacy policies) of another website or destination.
Rainbow-Leaves is not responsible for the content or practices of any website or destination other than the Rainbow-Leaves Site, even if it links to the Rainbow-Leaves Site and even if the website or destination is operated by a company affiliated or otherwise connected with Rainbow-Leaves.
7.2 Advertisements. Rainbow-Leaves takes no responsibility for advertisements or any third party material Posted on any of the Rainbow-Leaves Services, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Rainbow-Leaves Services are between you and the advertiser, and you agree that Rainbow-Leaves is not liable for any loss or claim that you may have against an advertiser.
Rainbow-Leaves and other Rainbow-Leaves marks, graphics, logos, scripts, and sounds are trademarks of Rainbow-Leaves or our parent company Woven Digital, LLC, a Delaware limited liability company. None of the Rainbow-Leaves trademarks may be copied, downloaded, or otherwise exploited.
9. UNSOLICITED SUBMISSIONS
It is Rainbow-Leaves’s policy not to accept unsolicited submissions, including scripts, story lines, articles, characters, drawings, information, suggestions, or ideas. Rainbow-Leaves’s policy is to delete or ignore any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Rainbow-Leaves creative work, including a film, series, video, blog post, story, title, or concept, would be purely coincidental.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
YOU AGREE THAT USE OF THE Rainbow-Leaves SERVICES IS AT YOUR OWN RISK. THE Rainbow-Leaves SERVICES, INCLUDING THE Rainbow-Leaves SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE Rainbow-Leaves SERVICES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Rainbow-Leaves DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE Rainbow-Leaves SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL Rainbow-Leaves OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “Rainbow-Leaves PARTIES”), BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Rainbow-Leaves SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE Rainbow-Leaves SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE Rainbow-Leaves PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED $100.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE Rainbow-Leaves PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE Rainbow-Leaves SERVICES. Rainbow-Leaves RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material, or other material provided through the Rainbow-Leaves Services infringes your copyright, trademark or other proprietary right, you should notify Rainbow-Leaves of your claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that Rainbow-Leaves receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright or other infringement should be emailed to Rainbow-Leaves’s intellectual property agent at [email protected] (subject line: “DMCA Takedown Request”). You may also contact us by mail at:
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright or other proprietary interest; (ii) a description of the copyrighted work or other material that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Rainbow-Leaves Services that is reasonably sufficient to enable Rainbow-Leaves to identify and locate the material; (iv) how Rainbow-Leaves can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other proprietary rights owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Rainbow-Leaves has a policy of terminating repeat infringers in appropriate circumstances.
13. RESOLUTION OF CLAIMS
In an attempt to find the quickest and most efficient resolution of any issues between you and Rainbow-Leaves, you and Rainbow-Leaves agree to first discuss any issue informally for at least 30 days.
14. GENERAL INFORMATION
14.1 Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Rainbow-Leaves Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
14.2 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, State of California for any claim relating to the Rainbow-Leaves Services.
14.3 No Waiver/Reliance. If we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Rainbow-Leaves’s decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy.