Legal Responsibilities / Website Usage

Legal Responsibilities / Website Usage (6)

Sunday, 29 August 2021 03:27

RS Terms of Service

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Saturday, 21 August 2021 17:57

RS Privacy Policy

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Last modified on Monday, 30 August 2021 01:46
Sunday, 22 November 2020 23:38
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RS Acceptable use policy

This acceptable use policy ("Policy") sets forth the general guidelines and acceptable and prohibited uses of the rainysongs.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Policy is a legally binding agreement between you ("User", "you" or "your") and Rainysongs Entertainment, LLC ("Rainysongs Entertainment, LLC", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Rainysongs Entertainment, LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Prohibited activities and uses

You may not use the Website and Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

  • Distributing malware or other malicious code.
  • Disclosing sensitive personal information about others.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Distributing pornography or adult related content.
  • Promoting or facilitating prostitution or any escort services.
  • Hosting, distributing or linking to child pornography or content that is harmful to minors.
  • Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
  • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
  • Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
  • Facilitating pyramid schemes or other models intended to seek payments from public actors.
  • Threatening harm to persons or property or otherwise harassing behavior.
  • Purchasing any of the offered Services on someone else’s behalf.
  • Misrepresenting or fraudulently representing products or services.
  • Infringing the intellectual property or other proprietary rights of others.
  • Facilitating, aiding, or encouraging any of the above activities through the Website and Services.

System abuse

Any User in violation of the Website and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

  • Use or distribution of tools designed for compromising security of the Website and Services.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.

Service resources

You may not consume excessive amounts of the resources of the Website and Services or use the Website and Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

  • Deliberate attempts to overload the Website and Services and broadcast attacks (i.e. denial of service attacks).
  • Engaging in any other activities that degrade the usability and performance of the Website and Services.

No spam policy

You may not use the Website and Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Website and Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Website and Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

Sending emails through the Website and Services to purchased email lists ("safe lists") will be treated as SPAM.

Defamation and objectionable content

We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the Website and Services, as determined in our sole discretion.

Copyrighted content

Copyrighted material must not be published via the Website and Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will notify the person or persons responsible for publishing it and, in our sole discretion, will remove the infringing material from the Website and Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Website and Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Website and Services, please get in touch with us to report copyright infringement.

Security

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Website and Services. You must protect the confidentiality of your login details, and you should change your password periodically.

Enforcement

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

  • Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
  • Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Website and Services, as determined by us in our sole discretion.
  • Reporting violations to law enforcement as determined by us in our sole discretion.
  • A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Website and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Reporting violations

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may send an email to the website administrator by clicking This email address is being protected from spambots. You need JavaScript enabled to view it..

This document was last updated on November 28, 2020

Last modified on Thursday, 11 March 2021 07:11
Sunday, 22 November 2020 23:36
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RS Disclaimer

This disclaimer ("Disclaimer") sets forth the general guidelines, disclosures, and terms of your use of the rainysongs.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Disclaimer is a legally binding agreement between you ("User", "you" or "your") and Rainysongs Entertainment, LLC ("Rainysongs Entertainment, LLC", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. If you are entering into this Disclaimer on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Disclaimer, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Disclaimer, you must not accept this Disclaimer and may not access and use the Website and Services. You acknowledge that this Disclaimer is a contract between you and Rainysongs Entertainment, LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Representation

Any views or opinions represented on the Website belong solely to the content creators and do not represent those of people, institutions or organizations that Rainysongs Entertainment, LLC or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Content and postings

You may not modify, print or copy any part of the Website and Services. Inclusion of any part of the Website and Services in another work, whether in printed or electronic or another form or inclusion of any part of the Website and Services on another resource by embedding, framing or otherwise without the express permission of Rainysongs Entertainment, LLC is prohibited.

You may submit new content and comment on the existing content on the Website. By uploading or otherwise making available any information to Rainysongs Entertainment, LLC, you grant Rainysongs Entertainment, LLC the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Website and Services. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person's privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting content on the Website, you grant Rainysongs Entertainment, LLC the right to edit and, if necessary, remove any content at any time and for any reason.

Compensation and sponsorship

The Website and Services accepts forms of advertising. Advertising space will always be identified as such.

Not legal advice

The information provided on the Website is for general information purposes only and is not an alternative to legal advice from your lawyer, other professional services provider, or expert. It is not intended to provide legal advice or opinions of any kind. You should not act, or refrain from acting, based solely upon the information provided on the Website without first seeking appropriate legal or other professional advice. If you have any specific questions about any legal matter, you should consult your lawyer, other professional services provider, or expert. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of the information on the Website.

The information on the Website is provided for your convenience only. This information may have no evidentiary value and should be checked against official sources before it is used for any purposes. It is your responsibility to determine whether this information is admissible in a given judicial or administrative proceeding and whether there are any other evidentiary or filing requirements. Your use of this information is at your own risk.

Reviews and testimonials

Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily representative of all of those who will use the Services, and Rainysongs Entertainment, LLC is not responsible for the opinions or comments posted on the Website, and does not necessarily share them. All opinions expressed are strictly the views of the poster or reviewer.

The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are posted for public viewing.

Indemnification and warranties

While we have made every attempt to ensure that the information contained on the Website is correct, Rainysongs Entertainment, LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Rainysongs Entertainment, LLC, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.

Changes and amendments

We reserve the right to modify this Disclaimer or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to the website administrator by clicking This email address is being protected from spambots. You need JavaScript enabled to view it..

This document was last updated on November 22, 2020

Last modified on Thursday, 11 March 2021 07:11
Sunday, 22 November 2020 23:33
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RS DMCA Policy

This Digital Millennium Copyright Act policy ("Policy") applies to the rainysongs.com website ("Website" or "Service") and any of its related products and services (collectively, "Services") and outlines how Rainysongs Entertainment, LLC ("Rainysongs Entertainment, LLC", "we", "us" or "our") addresses copyright infringement notifications and how you ("you" or "your") may submit a copyright infringement complaint.

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA") of 1998, the text of which can be found at the U.S. Copyright Office website.

What to consider before submitting a copyright complaint

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user.

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to use an agent to report infringing material for you.

Notifications of infringement

If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification ("Notification") using the contact details below pursuant to the DMCA by providing us with the following information:

  • Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

All such Notifications must comply with the DMCA requirements.

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts.

If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Rainysongs Entertainment, LLC reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

Counter-notifications

A user who receives a copyright infringement Notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the Notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the Notification we received as well as instructions on how to file a counter-notifications.

To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:

  • Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted.
  • A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
  • A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Rainysongs Entertainment, LLC reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page.

Reporting copyright infringement

If you would like to notify us of the infringing material or activity, you may send an email to our DMCA registered, designated agent by clicking This email address is being protected from spambots. You need JavaScript enabled to view it..

This document was last updated on November 28, 2020

Last modified on Thursday, 11 March 2021 07:12
Monday, 26 October 2020 20:32
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RS Cookie Policy

This cookie policy ("Policy") describes what cookies are and how and they're being used by the rainysongs.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Policy is a legally binding agreement between you ("User", "you" or "your") and Rainysongs Entertainment, LLC ("Rainysongs Entertainment, LLC", "we", "us" or "our"). You should read this Policy so you can understand the types of cookies we use, the information we collect using cookies and how that information is used. It also describes the choices available to you regarding accepting or declining the use of cookies. Continued usage of our website (without answering the consent dialog) is the same as consenting. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.

What are cookies?

Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie"). Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.

Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting the Website and Services. Cookies may be set by the Website ("first-party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the Website ("third party cookies"). These third parties can recognize you when you visit our website and also when you visit certain other websites.

Why do we use cookies?
 
We use first and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. When applicable, third parties serve cookies through our Websites for advertising, analytics, and other purposes. This is described in more detail below. The specific types of first and third-party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit).
 
How can I control cookies?
 
You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services. The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. In addition, most advertising networks offer you a way to opt-out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.
 
If you don't like the idea of cookies or certain types of cookies, you can change your browser's settings to delete cookies that have already been set and to not accept new cookies. To learn more about how to do this or to learn more about cookies, visit internetcookies.org 

What type of cookies do we use?

Essential cookies

Essential cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. These cookies are strictly necessary to provide you with services available through our Websites and to use some of its features, such as access to secure areas. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

Functionality cookies

Functionality cookies let us operate the Website and Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits. These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.

Analytical cookies

These cookies enable us and third party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website. These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customize our Websites for you.

Do we use web beacons or tracking pixels?

Our emails may contain a "web beacon" (or "tracking pixel") to tell us whether our emails are opened and verify any clicks through to links or advertisements within the email. We may use this information for purposes including determining which of our emails are more interesting to users and to query whether users who do not open our emails wish to continue receiving them.The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, you should read the email in plain text view or with images disabled.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to our use of cookies, you may send an email click This email address is being protected from spambots. You need JavaScript enabled to view it. to email us, or you can send by post to:

Rainysongs Entertainment, LLC
66 W Flagler St, Suite 900 - Miami, FL 33130, USA 
Miami, FL 33130
United States

 

This document was last updated on August 26th, 2021

 

Last modified on Friday, 27 August 2021 01:55