These Website Terms and Conditions of Use ("Terms and Conditions")
govern your use of the Remember the Rainbows website located at www.remembertherainbows.org
(the "Site"). By accessing and using this Site, you acknowledge that
you have read and agree to be bound by these Terms and Conditions and any updates
hereto.
Scope
These Terms and Conditions govern your use of the Site and all applications,
software and services (collectively, "Services") available via the
Site.
Modifications
Remember the Rainbows may revise and update these Terms and Conditions at any
time. Your continued usage of the Site after any changes to these Terms and
Conditions means you accept those changes. Any aspect of the Site may be changed,
supplemented, deleted or updated without notice, at the sole discretion of Remember
the Rainbows.
Content
All information, data, graphics, logos, trademarks, messages, photographs, and
the HTML code that Remember the Rainbows provides for and at the Site (collectively,
the "Content") is the property of Remember the Rainbows and is protected
by law. You may not produce, publish, transmit, distribute, display, modify,
create derivative works from, or exploit in any way, in whole or in part, any
of the Content without the prior written consent of Remember the Rainbows. However,
you may print or download a copy of the Content for your personal use as long
as you keep intact all copyright and other proprietary notices. All rights not
expressly granted herein are reserved to Remember the Rainbows and its licensors.
Age
No person under the
age of 13 may use this site without the permission and assistance of a parent
or guardian. Your use of this site is your representation that you are at least
13 years of age or are using this Site with the permission and assistance of
your parent or guardian.
Linked Sites
Remember the Rainbows
may include links to third party websites and resources on its Site from time
to time. The inclusion of any such link does not imply endorsement of that external
site or the content provided at such site by Remember the Rainbows, and Remember
the Rainbows makes no representations or warranties regarding any such linked
site or any content or services provided at such linked site.
User Submissions
Any personal information
you submit to Remember the Rainbows is governed by the Remember the Rainbows
Privacy Policy [include link]. Any business information, idea, concept, invention
or materials submitted by you to the Site or to Remember the Rainbows via email
will be deemed and remain the property of Remember the Rainbows. By submitting
communications to any part of this Site where such communication would be viewable
by the public (e.g., chat rooms, guest books, bulletin boards, member community
or other area that allows for communication among Site users) ("Public
Forums"), you agree that such submission is non-confidential for all purposes
and you automatically grant, or warrant that the owner of such content or intellectual
property has expressly granted, to Remember the Rainbows a royalty-free, perpetual,
irrevocable, worldwide, nonexclusive license to use, reproduce, create derivative
works of, modify, display, distribute, publish, translate and perform the submission
in any media or medium, or any form, format, or forum now known or hereafter
developed.
Public Forums
If you use any of
the Site's public forums ("Public Forums"), you are solely responsible
for your own communications, the consequences of posting those communications,
and your reliance on any communications found in the Public Forums. In no event
shall you use the Public Forums for any purpose in violation of local, state,
national, or international laws or to:
1. post or transmit material that is unlawful, obscene, threatening, harassing,
defamatory, libelous, or racially, ethnically or otherwise objectionable, as
determined by Remember the Rainbows;
2. post or transmit material that infringes on the intellectual property, privacy
or publicity rights of others;
3. post or distribute viruses or other harmful computer code;
4. post or transmit advertisements, promotional materials, junk mail, spam,
chain letters, or any other form of solicitation;
5. impersonate another person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
6. collect or store personal information about others, including email addresses;
or
7. engage in any other conduct that restricts or inhibits any other person from
using or enjoying a Public Forum or which, in the judgment of Remember the Rainbows,
exposes Remember the Rainbows or any of its Site users to any liability or detriment.
Remember the Rainbows may, but is not obligated to, monitor or review communications
in any Public Forum and edit or remove any communication in a Public Forum.
Remember the Rainbows further reserves the right to terminate a user's access
to any or all Public Forums and/or the Site upon any breach of these Terms and
Conditions. In addition, Remember the Rainbows may preserve communications and
may also disclose communications if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond
to claims that any communication violates the rights of third parties; or (d)
protect the rights, property, or personal safety of Remember the Rainbows, its
users and the public.
In no event will Remember the Rainbows have any liability to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities or for the content of any communications in a Public Forum.
Warranty Disclaimer
THIS SITE, INCLUDING WITHOUT LIMITATION, ALL INFORMATION, CONTENT AND SERVICES
MADE AVAILABLE ON THIS SITE, IS PROVIDED "AS IS." REMEMBER THE RAINBOWS
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING
(I) THE CONTENT OR SERVICES OF THE SITE OR LINKS TO OTHER OUTSIDE WEB SITES;
OR (II) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF
THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE.
REMEMBER THE RAINBOWS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. REMEMBER THE RAINBOWS DOES NOT REPRESENT OR
WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE OR THE MATERIAL ACCESSIBLE FROM THE SITE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
REMEMBER THE RAINBOWS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE
INABILITY TO USE, THE SITE OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF
REMEMBER THE RAINBOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL REMEMBER THE RAINBOWS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
You agree that you will hold harmless Remember the Rainbows and its officers,
directors, employees, and volunteers from all claims arising out of or related
to your access or use of, or your inability to access or use, the Site or the
Content contained at the Site or other websites to which it is linked.
Jurisdiction
These Terms and Conditions and all information on this web site are governed
by and will be construed in accordance with the laws of the State of Georgia.
The venue for any matter relating to or arising from this site will be in a
court of competent jurisdiction in the State of Georgia and you further agree
and expressly consent to the exercise of personal jurisdiction in the courts
of the State of Georgia in connection with any such dispute. To the extent any
portion of these Terms and Conditions is determined to be unenforceable by a
court of competent jurisdiction, such portion will be modified solely to the
extent necessary to cause such portion to be enforceable, and these Terms and
Conditions, as modified, will remain in full force and effect. This is the entire
agreement between users and Remember the Rainbows relating to the subject matter
herein.
General
Remember the Rainbows is based in Woodstock, Georgia, in the United States of
America. Remember the Rainbows makes no claims that the Site or the Content
are appropriate or may be downloaded outside of the United States. Access to
the Content may not be legal by certain persons or in certain countries. If
you access the Site from outside the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement
for any reason whatsoever: User Submissions, Warranty Disclaimer, Limitation
of Liability, General, and Jurisdiction.