Rainblow Terms of Use
Published: 10-12-2022
The Summary
Please read our general terms and conditions completely. These always apply when you use Rainblow and its features. You can find an overview of the most important points here: You must be at least 18 years old to use Rainblow. We are not responsible for any content you post on Rainblow. However, if we notice or are informed that you are making inappropriate comments or are spreading inappropriate content, we reserve the right to remove it. If you post content owned by others and the owners of that content complain to us (or hire their attorneys to do so), we take no responsibility. You are responsible for everything you post on your profile. Please also read our Community Guidelines and Safety Tips for guidance and safety. If you want to know how Rainblow uses and protects your data, please read our privacy policy. By using Rainblow, you consent to us using your information in accordance with our privacy policy. We also use cookies or similar technologies on our website and apps, which you can learn more about here. You can block cookies and local storage media in the settings of your browser and mobile phone. However, this may mean that you can no longer use all Rainblow functions.
The full terms and conditions
Rainblow is a social network that offers users a virtual platform on a website to meet new people, exchange with each other, upload photos and have fun. Rainblow cares deeply that the platform is and remains a safe place. This is naturally also in your own interest. By using Rainblow, you confirm that you agree to our general terms and conditions as well as Rainblow's Community Guidelines and our Safety Tips ("Terms"). When we refer to Rainblow, we mean www.Rainblow.com. These Terms constitute a legally binding agreement between you as a user ("you") and Rainblow ("we" or "us"). These Terms always apply whenever you visit Rainblow, whether or not you register with us. Please read them carefully. By accessing Rainblow, registering, or using the services offered, you agree to these Terms. If you do not accept our general terms and conditions, or do not agree with parts of them, you may neither access nor use our website. 1. Use of the website and Community Guidelines regarding content Who can use Rainblow? Rainblow is a community for adults. You may only use Rainblow and the platform's features, and become a registered member, if you are at least 18 years old. You confirm that you have the right, authority and competence to accept these Terms, and that your use of Rainblow does not violate any applicable laws or regulations of the country in which you reside. You alone are responsible for complying with all laws and regulations applicable to you. What kind of content can I post and upload on Rainblow? You can post or upload content of various kinds on Rainblow, such as photos, emails, news and other content ("Content"). However, some rules apply. You may not post, send or upload any Content on Rainblow that contains violence, self-harm, suicide, racism, sexism, hatred or fanaticism. You may not post Content on Rainblow, or engage in or have third parties engage in, immoral, illegal or unlawful acts. In this regard, it is prohibited to send messages or data with unlawful content or content that violates public morals. In particular, no content that is criminally relevant, harmful to minors, an administrative offense, or otherwise unlawful or immoral — such as pornographic, racist, violence-glorifying, defamatory, insulting content and/or content that violates the personal rights of third parties — may be distributed, offered or made accessible. It is prohibited to threaten or harass others. It is prohibited to promise or demand money or monetary benefits. Chain letters may not be sent. Goods or services may not be advertised. The distribution of impermissible content may result in criminal and/or civil prosecution. We are entitled, and under certain circumstances obligated, to immediately block or remove any impermissible content of which we become aware and, where applicable after securing evidence, to inform the relevant authorities. In particular, where a suspicion exists, we are entitled to preserve the actions of users as well as the relevant content and, if necessary, to pass them on. Claims by the user due to the removal of content or the blocking of access to content, and/or due to the temporary or permanent suspension of the user, are excluded. What guidelines apply to personal data such as my email address? You may not publish personal contact or bank details (for example names, addresses or postal codes, phone numbers, email addresses, URLs, credit/debit card details, bank account information or your workplace) on your profile page ("Profile"). This applies to your own data as well as to the data of others. If you choose to publish personal data about yourself or others, whether by email or otherwise, you do so at your own risk. We recommend that you exercise the same degree of caution when disclosing personal data as you would under other circumstances. In doing so, you must observe our Guidelines and Safety Tips. May I use the personal data of other users? You may use the personal data of other Rainblow users only to the extent consistent with Rainblow's purpose of helping people meet each other. You may not, under any circumstances, use the data of other users for commercial purposes, sending spam, harassment or unlawful acts. Rainblow reserves the right to close your account or exclude you from using the platform's features if you misuse other users' information. Who can see the content I upload to Rainblow? Content you upload to Rainblow is freely accessible to everyone. You can create private folders if you wish to decide for yourself who has access to your content. If you do not want anyone to see your content, you should not upload it to Rainblow. We reserve the right (without obligation), at our sole discretion and without notifying you, to remove or edit content you have uploaded or made available, and to limit or block access to it, without incurring any liability to you as a result. We are not obliged to publish content that you make available to Rainblow. Likewise, we are not obliged to verify the accuracy or truthfulness of the content made available to Rainblow, or to monitor how you or other users use Rainblow. What else do I need to know? By using Rainblow, you agree to these Terms. In return, we grant you a limited, personal, non-exclusive and non-transferable license to use and upload content on Rainblow and to use the platform for your own purposes. Apart from this license, you have no rights to the use of the website, or its content and features. Neither the website nor its content may be edited, copied, reproduced, used to create derivative works, reverse-engineered, altered or extended in any way. A violation of these guidelines automatically terminates the above license, and any downloaded or printed content must be destroyed. 2. Ownership rights to content If I upload content to Rainblow, do I still own it? Yes (provided that this content actually belongs to you. Please also read our guidelines on uploading content that does not belong to you). By posting, uploading or sending content on Rainblow, you represent and warrant that: you are either the exclusive author or owner of this content. You agree that you waive any moral rights in this content (including, but not limited to, the right to be identified as the author); you hold a license that permits you to use, post or upload the content; or you have the appropriate consent or permission to use, post or upload this content. By posting, uploading or sending content on Rainblow, you represent and warrant that you have the right to do so. At the same time, you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use this content in any way (including, but not limited to, editing, copying, adapting, translating, reformatting, creating derivative works, incorporating it into other works for advertising or distribution purposes, or publishing this content, whether in part or in whole, in any format or medium that currently exists or is developed in the future). We may assign this license or a sublicense to our partners or successors without your further consent. We have the right to disclose your identity to third parties who claim that content published or uploaded on our website infringes their intellectual property rights, their privacy rights, or other laws. Who owns the remaining content on Rainblow? We do! All text, graphics, UI, trademarks, logos, sounds and design elements on Rainblow belong to us and are controlled or licensed by us. They are protected by copyright, trademark and intellectual property rights. Can I use content that does not belong to me? Apart from your rights to content you have uploaded to Rainblow yourself, you have no rights whatsoever to content on Rainblow. You agree that you will not use any content in a way that infringes our rights or the rights of third parties. This means you agree not to copy, edit, adapt, publish, distribute or resell any parts or content of the Rainblow website (other than your own content). 3. Paid features What premium memberships can I purchase? Rainblow offers the option to purchase various premium features that make it easier to meet new people, customize your own profile and receive more attention. The various premium features can be purchased for different periods of time after registration. Once payment for the premium features has been made, you have the right to cancel within 14 days and have all payments refunded. Contact us via our feedback form if you wish to cancel the premium features. Please note that you may lose this right if you use content belonging to these premium features within the 14 days. After the 14 days have elapsed, the amount for the premium features can no longer be refunded. You can make changes to automatic top-ups at any time in the payment settings on your profile page. Prices may vary due to various factors, including but not limited to promotions and other discounts. How can I renew my premium features on Rainblow? By purchasing a premium feature, you give Rainblow permission to charge your selected payment method. If you wish to change or revoke your payment method, you can do so in the payment settings on your profile page. Your subscription to Rainblow's premium features renews automatically until you cancel it. May I transfer paid features to other Rainblow users? You have the option to purchase Blue Coins for a fee. These are offered in various tiers and packages. We provide various payment services for payment. You determine the payment method and the number of Blue Coins to be purchased, which will be credited to your account after payment. After payment, the purchased amount of Coins will be credited to your account and can then be used by you. Should payment by you not be made correctly, or fail for reasons for which we are not responsible (in particular insufficient account funds, incorrect account details, etc.), no credit will be made. Any Blue Coins already credited due to this transaction will be deleted from your account without further notice. We reserve the right to refuse a repeated payment by this means, referring to the transaction that has already failed. Any costs arising from the failure (e.g. bank fees) shall be borne by you. Proof of a certain amount of Blue Coins in your account is your own responsibility. You can view the respective account balance in your account. We secure the account data with appropriate measures corresponding to the current state of the art against loss, in particular through backup systems. However, it is expressly pointed out that, according to the current state of the art, it is not possible to protect hardware and software against any misuse from outside and data loss. No invoice or receipt will be issued or sent for purchased Blue Coins. Are my Blue Coins valid forever? No. We reserve the right to delete unused Blue Coins after 6 months. You lose your unused Blue Coins if you delete your account with us or if your account is deleted by us for any reason. Blue Coins that you received free of charge may expire at any time. Blue Coins cannot be exchanged for money unless we have confirmed this to you in writing. Please also read the terms for topping up credit. 4. Access to the website Can you guarantee that Rainblow is always available? Unfortunately, we cannot, because we occasionally need to carry out maintenance work and disruptions to the website may occur that are beyond our control. We therefore offer Rainblow without any warranty and give no guarantee as to the quality, accuracy, functionality, availability or performance of the site. Furthermore, we reserve the right to suspend, withdraw, adjust or change the services offered on Rainblow without prior notice, without incurring any obligations towards you as a result. What about mobile access? It is your responsibility to ensure that you are able to access Rainblow (this includes, but is not limited to, the costs of (mobile) internet access and any other costs that may be associated with it). We assume no responsibility for any limited functionality resulting from accessing Rainblow via a mobile network service or similar and future services. By accessing Rainblow and agreeing to receive messages and notifications from Rainblow via a mobile phone or other devices, you accept that this may result in costs from your internet or mobile provider. Under no circumstances do we assume liability for such costs. I am not registered and cannot access certain areas or the website. Why is that? Unregistered users can only access public areas of Rainblow. Without a profile, there is limited ability to upload content on Rainblow. What a registered user can access depends on certain criteria. We may change these criteria at any time without informing users in advance. 5. Termination by you What do I need to do if I want to delete my Rainblow profile? If you have registered with Rainblow, you can end your registration at any time by going to settings while logged in, and then clicking "Delete Profile". We store your profile information in case you wish to restore your profile later. Many users only deactivate their account temporarily and expect their data to still be there when they return. You can fully restore your account and profile within 28 days of deletion. Once your registration has ended, we have the right to delete any content you have uploaded. For more information, see our privacy policy. Content that you have uploaded outside your profile on Rainblow (such as comments and emails) may still be visible after you have deleted your account. 6. Abuse/complaints Someone is not following the rules, where can I report this? You can report abuse and complaints about inappropriate content to Rainblow via the feedback form. Alternatively, you can use the report function on the user's profile. State the reason for your complaint and give us as many details as possible. To the extent permitted by applicable law, you agree to, and hereby do, release Rainblow and its affiliated companies as well as their respective officers, directors, employees, agents, representatives and successors from all claims, demands, losses, damages, rights, and actions of any kind, including personal injury, death and property damage, resulting directly or indirectly from your interactions with other Rainblow users or the conduct of other Rainblow users. 7. Privacy policy Do you have guidelines on the use of my personal data? We process information in accordance with our privacy policy, which is included in these Terms. We ask that you read our privacy policy before using Rainblow. By using Rainblow, you agree to the use of your data and confirm that all information you provide on our site is truthful and accurate. 8. Links Can I create links to other websites or sources? We have no control over this and are not responsible or liable for the availability of such external websites or sources, do not adopt as our own any content accessible from such websites or sources, and exclude all liability or warranty in this regard, provided that the company has no actual knowledge of the unlawfulness of the content and has not promptly removed the link. If we receive notice that Rainblow contains a link to an external site on which third-party content is distributed that conflicts with these Terms, the company is entitled to remove the link. Users are only permitted to use or distribute copyrighted material to the extent this is done within the scope of applicable statutory provisions and the applicable conditions of the rights holder, or has been specifically permitted to the user by the rights holder. Users may not reproduce, replicate, transmit, distribute, publish, exploit, transfer to another data format in electronic or other form, or otherwise use such material beyond the permitted scope. Should third parties assert claims against the company as a result of an act/omission by the user in this regard, the user shall indemnify the company upon first request against any such claims. 9. Liability We are not liable for any damages arising from transmission disruptions, service disruptions or other disruptions to the chat, if the company is not responsible for these or if they are based on measures serving the maintenance and further development of the chat, in particular maintenance work. The same applies insofar as the company is entitled under these Terms to discontinue the chat. In accordance with the service description, we assume no liability for the (uninterrupted) availability of the system, nor for system-related failures, interruptions and disruptions of the technical facilities and services of the company. We are in particular not liable for disruptions in quality and access due to force majeure or due to events for which the company is not responsible, in particular the failure of communication networks and gateways. We are not liable for unauthorized third parties obtaining knowledge of the user's personal data, e.g. through unauthorized access by third parties (hackers) to the database. Furthermore, we are also not liable for damages resulting from a user's careless handling of their user data or other data belonging to the user or third parties. Prevention of misuse is the responsibility of the user. In the event of data loss, we are only liable for the recovery effort that would have arisen had the user carried out proper and regular data backups. In particular, we are not liable for data loss of the user account, insofar as the user has not regularly secured the status of their user account by printing the balance or otherwise. Reference is made to Section 5, item 4 of these Terms. We provide a database in which users can check matches with other users and communicate with them. We merely provide an IT service and do not owe any particular outcome; in particular, we are not liable for the fact that contacts in the user's sense come about during the term of the contract. We have no control over the accuracy and security of information exchanged between users or that users post in their profiles. Statements and information from people who use the internet may be false. We can therefore assume no responsibility for the content, in particular the accuracy and completeness of this information. Liability, for example for the accuracy of the user profiles created and their evaluation with regard to compatibility with other users, is excluded in this respect. Other liability exclusions specifically regulated under these Terms remain unaffected. In particular, we are not liable for acts or omissions of users that are unlawful and/or impermissible under these Terms. Otherwise, we are only liable for intent and gross negligence. The above exclusion does not affect the user's rights arising from any warranties and guarantees as to quality. Furthermore, claims arising from injury to life, body or health remain unaffected, where the company is responsible for the breach of duty. A breach of duty by the company is equivalent to one by a legal representative or vicarious agent. Any further liability is excluded. The user shall indemnify the company, in accordance with statutory provisions, from liability and from all obligations, expenses and claims arising from third-party claims asserted against the company due to acts or omissions of the user in or in connection with the chat. 10. Final provisions The provider of the chat services is the company Sunset Connect S.L., Calle Aragon 28 1-1, 07006 Palma de Mallorca, with its registered office in 07006 Palma de Mallorca. Spanish law applies to these general terms and conditions and the legal relationship between the user and the company. The applicability of mandatory provisions of the country in which the user has their habitual residence at the time the contract is concluded remains unaffected. The exclusive place of jurisdiction for all legal disputes arising from the contract is Palma de Mallorca (Balearic Islands). The invalidity of individual provisions of these Terms shall not affect the validity of the remaining provisions. The parties agree that an invalid provision shall be replaced by one that comes as close as legally permissible to the economic purpose of the invalid provision. The same applies if there should turn out to be a gap in these provisions.
