Rainblow General Terms and Conditions

1 Contractual partner and scope

Your contractual partner is Creatives Online Services LLC, 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA, registered with the New Mexico Secretary of State under Business ID 0008121158, hereinafter “Rainblow” or “we”. For questions about memberships and payments you can reach us at [email protected], for withdrawals at [email protected] and for other legal matters at [email protected]. Further provider details can be found in the Imprint. These Terms apply to our offering to consumers habitually resident in Europe. Use is permitted solely to persons of full age from 18 years for private purposes. The Community Guidelines incorporated when the contract is concluded apply in addition. They are accessible before registration and contain the binding rules on conduct and content. In the event of a conflict, these Terms take precedence. Individual agreements take precedence. Information on the processing of personal data can be found in the Privacy Policy. Any consents required under data protection law are obtained separately.

2 Registration and member account

You may only create an account for yourself. Your age and the details required to perform the contract must be correct. A pseudonym is permitted; using another person's identity is prohibited. On registering, you confirm these Terms and the incorporated Community Guidelines. By submitting the registration you apply for a free Basic membership. The usage contract comes into being as soon as we confirm your registration or activate your account. A payment obligation only arises through a separate order for a paid service. Keep your contact details up to date and protect your login credentials against unauthorised use. If there are signs of misuse, inform us without delay. You are liable for use by third parties under the statutory conditions. An account may not be transferred or created anew in order to circumvent a suspension.

3 Services, memberships and technical use

Rainblow offers the free Basic membership and the paid Premium memberships Silver and Gold. The respective scope of services, usage allowances and access requirements follow from the service description displayed before the contract is concluded. It becomes part of the contract and is sent with the contract confirmation. Add-ons can be purchased individually or as a bundle. Purchasing an add-on only extends other tier entitlements where this is expressly part of the offer. In particular, payments cannot override a block or a missing unlock for a private album. The subject of our service is the provision of the agreed platform features. A particular number of suitable or active members in a given place, replies, matches, meetings or any particular success in making contact or being matched is not owed. Paying to highlight a profile or a message does not oblige other members to respond. The worldwide member search shows profiles for the search location you choose. Travel mode allows your profile to be shown at a chosen destination and is labelled as travel mode. It does not confirm that you are actually in that place. The availability of these features depends on your tier and the agreed service description. To use the service you need internet access and a device or a suitable browser compatible with the stated technical requirements. You bear your own costs for device, internet and mobile service. Please note information about required updates; our statutory obligations to supply, inform and update remain in place. AI-assisted suggestions and automatic translations may be inaccurate. Check what they say before relying on them further. Content you have edited or created with technical aids must likewise respect the rights of others and the Community Guidelines. The Privacy Policy explains which personal data is processed in the process; these Terms do not replace any consent required. Advertising may be displayed unless your tier promises an ad-free experience. Factual references to external websites, for example the website of a business listed in Rainblow Places, remain possible even on ad-free tiers; paid advertising placement is not treated as a factual reference as a result. A contract for a product marked as a third-party offer is concluded with the provider named there. Rainblow does not become the provider of that product by displaying or linking to it. Our own statutory responsibility remains unaffected. Consents for tracking that requires consent are obtained separately.

4 Orders and payments

The prices displayed during the ordering process, including any applicable taxes, apply. Before you complete an order, you are shown the scope of services, the total price, the payment method and when payment is due, as well as, where applicable, the term, the billing period and the cost of continuing the contract. When Coins are redeemed, the number of Coins required is stated. You can check and correct your order before submitting it. By giving the final confirmation, which clearly indicates the payment obligation or the Coin charge, you make a binding offer. The contract comes into being through our confirmation of acceptance or the activation of the service ordered. A mere acknowledgement of receipt only constitutes acceptance if it expressly says so. The available payment methods are stated during the ordering process. In the case of a subscription, you give the consent explained during the ordering process to the recurring charging of the chosen payment method. Merely involving a payment service provider does not change who your contractual partner is. A failed payment or a chargeback does not automatically end the contract. A justified outstanding claim remains in place. Statutory rights to dispute an unauthorised charge are preserved. If you are in default of payment, we may withhold the paid service concerned in accordance with the statutory rules after informing you beforehand and allowing a reasonable period for payment. Further measures are governed by clause 11. You receive a contract confirmation by email in a form that can be stored permanently, setting out the services ordered, prices, terms, these Terms and the withdrawal information. The contract language is the language chosen at conclusion from those we offer.

5 Premium term and termination

Silver and Gold are offered with an initial term of one, three or six months. The initial term starts at the agreed time and is paid in advance. With an initial term of three or six months, the notice period is one month to the end of that term. With a one-month initial term, notice can be given up until its expiry. You can give notice immediately after concluding the contract. Without timely notice, the Premium membership continues for an indefinite period after the initial term. You can then give notice at any time with one month's notice. Notice is not additionally tied to the end of a calendar or billing month. Further billing takes place monthly on the terms agreed when the contract was concluded. You can give notice via the membership management section of your account, the “Cancel contracts here” button on our website, or by email to [email protected]. Other legally permissible ways of giving notice remain available. We confirm receipt of the notice and the end date electronically in text form. You can continue to use the Premium services until the contract ends. Giving notice alone does not give rise to a claim for a refund of services provided in accordance with the contract up to that point. Fees already paid for periods after the contract effectively ends are refunded pro rata. Your Basic account remains in place unless you also request its deletion. Statutory rights of withdrawal, rights to terminate for cause and mandatory more favourable termination rules remain unaffected.

6 Switching from Silver to Gold

An upgrade to Gold takes effect at the switch date you confirm. The unused portion of the Silver fee actually paid is credited pro rata against the new purchase. The credit and the remaining amount payable are displayed before completion. You choose the new Gold term expressly. When the upgrade takes effect, the previous Silver subscription ends, including any further renewal of it. The same service period is not billed twice.

7 Coins, virtual gifts, bundles and refunds

8 Profile verification and privacy

Profile verification comprises the review of a suitable profile photo by our compliance team and the confirmation of your phone number with a code sent by SMS. The verification badge is only awarded once the required review steps have been completed successfully. It denotes this photo and phone check and is not a comprehensive proof of identity or of being of full age, nor a safety guarantee. Access to verification is included in Gold and can be purchased separately with Basic or Silver. The subject of a paid verification is the carrying out of the review procedure described; the purchase does not guarantee a positive outcome. Statutory rights where the review is not carried out or is carried out defectively remain in place. A verification status once acquired does not end simply because a Premium membership does. Where there are specific indications of incorrect details or misuse, we may review the status and withdraw it under the rules in clause 11. Private albums are accessible to other members only after you unlock them. You can withdraw unlocks with effect for the future. The settings you have chosen for hiding profile visits and online status also apply in relation to members with paid extra features. Visits protected while invisibility was promised are not revealed retrospectively.

9 Content, rights of use and rules of conduct

10 Rainblow Places

Rainblow Places is a directory of venues. A venue's inclusion makes Rainblow neither the organiser of anything that happens there nor a guarantor of opening hours, right of entry, safety or the actual presence of particular people. On site, local law, the venue operator's house rules and nature and youth protection rules apply in particular. Our own statutory obligations remain unaffected. Venue suggestions are reviewed internally before they are published. Details may nevertheless be inaccurate or out of date. You can report errors and hazards via the venue's report function or to [email protected]. The Community Guidelines explain the procedure. Only profile-verified members may indicate and view current and planned presence. This requirement applies regardless of membership tier. The basic presence features do not require the separate purchase of a Places convenience product. When checking in you choose the duration and the visibility. By default your presence is only counted in an aggregate total. Displaying your profile requires your separate consent for that particular check-in. You can end your presence early; it ends at the latest once the chosen duration has elapsed. Blocks and agreed visibility restrictions remain effective. A travel location in the labelled travel mode is not an actual Places presence.

11 Reports and moderation

You can report violations via the report functions provided or at [email protected]. Reporting by email is also possible without a member account and with a suspended account. State the exact location of the content and the reason for your report. Further details and procedural steps are explained in the Community Guidelines. Rights holders without a member account can also report infringing content at [email protected]. Describe the right concerned, the exact location of the content and the reason for the complaint, and provide contact details for follow-up questions. If you are acting on behalf of another person, explain your authorisation. A comprehensible report is reviewed under the procedure described in the Community Guidelines; the mere assertion of a violation does not automatically lead to the disclosure of user data. To detect and assess abuse we use technical procedures including IP Quality Score as well as human review. Technical anomalies may trigger further review and provisional protective measures; on their own they are not conclusive proof of a violation. Where applicable law, these Terms or the incorporated Community Guidelines are violated, we may remove or restrict content, limit individual features or temporarily suspend an account. We take into account the severity, frequency and impact of the violation as well as your interests and the rights of others. Termination without notice requires good cause. Where a breach of duty can be remedied, we will as a rule give you the opportunity to remedy it or issue a warning first. This does not apply where particular circumstances justify immediate termination. Where there are specific indications of serious violations or acute danger, provisional protective measures may already be necessary while the review is ongoing. We inform affected members of the decision, the essential reasons and the options for review, unless a statutory exception applies. You can appeal free of charge at [email protected] for at least six months after being notified of a moderation decision. A suitable person reviews the appeal; the decision on it is not taken by automated means alone. Statutory out-of-court and judicial remedies remain unaffected. We pass information about criminal offences to the competent authorities where there is a statutory obligation or authorisation to do so. A suspension or termination does not result in your data being passed to third parties as a matter of course. A justified measure does not in itself give rise to a claim for a refund of services already provided in accordance with the contract. Contractual and statutory settlement claims apply to outstanding services, remaining fees and Coins; statutory rights are not lost through the suspension.

12 Account deletion and winding up the contract

You can end the Basic membership at any time and request the permanent deletion of your account via the account settings or by an unequivocal statement to us. An instruction to end your membership and permanently delete your account also counts as notice to terminate an existing Premium membership at the earliest possible contractual or statutory date. We confirm that date to you. If you request immediate account deletion, your access ends at your own request before the Premium contract's end date. Voluntarily giving up access early does not on its own shorten the agreed contract term. The fees owed until the end of the contract remain payable in accordance with the statutory provisions; expenses saved that are to be credited by law and other repayment claims remain unaffected. After the contract has effectively ended, no new fees arise for further usage periods. Outstanding claims that legitimately arose beforehand and statutory repayment claims remain unaffected. Once the account has been permanently deleted, any remaining Coins and unused add-ons can no longer be redeemed through that account. This does not give rise to a general claim to a cash payout. Contractual and statutory claims already acquired are unaffected by the account deletion. This includes in particular claims arising from a withdrawal or from services not provided or provided defectively. You can assert these independently of the account. A statement made solely under data protection law is not in itself notice of termination of the contract. The statutory provisions apply to the consequences of withdrawing data protection consents or of an objection. We do not claim damages because you exercise your data protection rights. After the account ends, personal data is only processed further where there is a legal basis for doing so. The Privacy Policy sets out the details on messages, statutory records and backup copies. Rainblow may terminate a free Basic membership for objective reasons with 30 days' notice. This does not shorten paid service periods. Both parties' right to terminate for cause remains unaffected.

13 Modifications to the digital services

We provide necessary updates in accordance with the statutory requirements. Beyond that, we may modify digital services supplied on a continuous basis where this is justified by changed legal requirements, binding official requirements, necessary adaptations to changed technical interfaces or operating systems, or protection against new security risks and forms of abuse. The modification must be proportionate to the reason for it and must not cause you any additional costs. We inform you clearly and comprehensibly about modifications. If a modification adversely affects your access or use to more than a negligible extent, we will inform you in good time beforehand by email about its content, timing and your rights. In that case you can end the affected contract free of charge within 30 days. The period begins when you receive the information, but no earlier than when the modification is carried out. This right does not exist if the unmodified service remains available to you at no additional cost. Statutory repayment claims remain unaffected. This provision does not entitle us to change agreed prices or to remove essential contractual services at will.

14 Withdrawal and remedies for defects

Consumers have the statutory rights of withdrawal. The withdrawal instructions and the model form below are part of these contract documents. Using Coins as a means of payment does not exclude an existing right of withdrawal. Activating a Premium membership immediately or using it for the first time does not in itself cause the right of withdrawal to lapse. The same applies to Coins purchased merely being credited. Early lapse in the case of a service actually provided requires the statutory conditions applicable to that type of service to be met. Any express declarations required are obtained separately and documented with the contract confirmation. Statutory claims for digital products that are not supplied or are defective remain in place. These include in particular claims to supply, cure, a price reduction and termination of the contract. The liability provisions in clause 15 do not limit these claims.

15 Limits of the service and liability

16 Responsibility for infringements

If you culpably breach your contractual duties or the rights of third parties, you are liable under the statutory rules for the damage caused. This may include in particular justified third-party claims regarding content you published unlawfully, as well as necessary and reasonable costs of legal defence. No no-fault indemnity or flat-rate contractual penalty is agreed. Rainblow's own share of responsibility is taken into account under the statutory rules. If claims are asserted against us because of your content, we will inform you where legally permissible and give you the opportunity to comment. You support the clarification to a reasonable extent with the information available to you. Your rights and defences remain in place.

17 Complaints, applicable law and jurisdiction

For questions about the contract or a payment you can contact [email protected], and for legal disputes [email protected]. Appeals against moderation decisions are governed by clause 11. Contacting us first is not a precondition for making use of statutory remedies. The applicable law and the courts having jurisdiction are determined by the statutory provisions. Mandatory consumer protection provisions of your country of habitual residence are preserved. Statutory options to assert claims before the courts of your country of residence are not restricted by these Terms. These Terms do not oblige you to take part in private arbitration or to waive judicial or statutory collective remedies. Statutory rights to out-of-court dispute resolution, in particular in the case of moderation decisions, remain unaffected.

18 Changes to these Terms and final provisions

Changes to these Terms only become part of the contract with your effective consent or on another permissible legal basis. Silence and merely continuing to use the platform do not count as consent. The same applies to changes to the incorporated Community Guidelines. The agreed service descriptions and effectively incorporated supplementary conditions supplement these Terms. Individual agreements take precedence. A change to the current offering does not by itself change contracts already concluded. Not exercising a right does not in itself constitute a waiver; statutory time limits and other defences remain unaffected. Should a provision be invalid, the contract remains otherwise effective to the extent provided for by law. The statutory provisions take the place of the invalid provision.

Withdrawal instructions