Legal Responsibilities / Website Usage

Legal Responsibilities / Website Usage (6)

Saturday, 28 August 2021 07:27
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Rainysongs Entertainment Terms of Service

Please read this Terms of Service (“Terms”) carefully before using the https://www.rainysongs.com/ Website (the “Website”) operated by Rainysongs Entertainment, LLC d/b/a RS Digital Distribution, a Limited Liability Company formed in Florida, United States (“us,” “we,” “our”). These Terms contain important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. 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. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website. 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.

Our Offers and Pricing

We offer a digital music distribution service on this Website. The process to obtain digital distribution with us is as follows: Initially, the prospective client’s label/content is reviewed by members of our organization. If approved, a digital distribution agreement will be issued. Subsequent to approval, there are no charges or out-of-pocket costs to the client for securing a digital music distribution agreement with us.

Cancellation Policy

We offer cancellations on the service offered on our Website. We offer cancellations only under these conditions: (a) Prior to the client signing of the distribution agreement. You may cancel your request by contacting us in writing via electronic mail.

We reserve the right to cancel your request for digital music distribution for any reason, at any time, at our sole discretion, including but not limited to fraud, inaccuracies, releasing and claiming rights to the content you don’t own or control, unlicensed content, and unavailability of the items or services requested.

Refund Policy

We do not offer refunds on any purchases.

NO WARRANTY ON SERVICE

The items or services displayed or offered on this Website are provided “as is,” with no warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality, or fitness for a particular purpose or use) applying to any items or services displayed, offered, or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade, or otherwise.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to services you received on this website shall be to request cancellation of your agreement. You also agree that the remedy for breach of this Terms of Service as it relates to your service shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of these Terms of Service as it relates to your service received.

Paid Subscriptions

We do not offer paid subscriptions.

Accounts

i) Membership accounts are only available to clients that have a digital music distribution agreement with us in good standing.

ii) When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

iii) You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service.

iv) You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

v) We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

vi) We reserve the right to terminate your account anytime at our sole discretion. You can also terminate your account by contacting us for Cancellation or Termination of a digital music label account but it must be requested by electronic mail.

Backups

We perform regular backups of this Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Data, Information, or Material

We do not own any data, information, or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.

ii) We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you.

iii) Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

iv) You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.

v) Any content containing intellectual property must be owned or controlled by that client.

vi) Uploading content you do not own or control is grounds for immediate cancellation of your agreement with us, and you will be banned from having any further access to your label distribution account unless you can upon our request obtain and provide a legal document from the rights owner/holder of that content that specifically grants you the legal rights to commercially release that content. Otherwise, you will provide upon request a verifiable license from the rights owner/holder of that content.

Comments

By submitting a comment or uploading content onto this Website, you grant Rainysongs Entertainment, LLC d/b/a RS Digital Distribution a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, and distribute the comment. When you make a comment on this Website, you agree that such comment may be viewed by other parties and it is your responsibility to ensure that the comment does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations. We reserve the right to not publish and/or remove any comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

  • Content that harasses others;
  • Content that is discriminatory or offensive;
  • Swearing, name-calling, and otherwise abusive content;
  • Pornographic and sexually explicit content;
  • Content displaying, depicting, or suggesting violence;
  • Content that exploits or abuses children;
  • Content encouraging or committing illegal acts;
  • Content sharing personal information without consent;
  • Content infringing on someone’s rights, including intellectual property rights;
  • Content advertising products or services without our permission;
  • Content whose purpose is spamming others.

Prohibited Uses

You agree to use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. For any unlawful purpose;
  2. To solicit others to perform or participate in any unlawful acts;
  3. To use the Website in any way that violates any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances;
  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. To submit false or misleading information;
  7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
  8. To spam, phish, pharm, pretext, spider, crawl, or scrape;
  9. To impersonate or attempt to impersonate Rainysongs Entertainment, LLC d/b/a RS Digital Distribution or its employees, representatives, subsidiaries or divisions;
  10. To misrepresent your identity or affiliation with any person or entity;
  11. To send or attempt to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  12. To engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  13. To use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  14. To use any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  15. To use any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  16. To use any device, software, means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
  17. To attempt to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  18. To attempt to attack or attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  19. To otherwise attempt to interfere with the proper working of the Website;
  20. For any obscene or immoral purpose; or to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.
  • We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) APPLYING TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

DISCLAIMER OF WARRANTY

You agree that the Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

INDEMNIFICATION

You agree to indemnify and hold Rainysongs Entertainment, LLC d/b/a RS Digital Distribution and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Availability, Errors, and Inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL RAINYSONGS ENTERTAINMENT, LLC D/B/A RS DIGITAL DISTRIBUTION, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF RAINYSONGS ENTERTAINMENT, LLC D/B/A RS DIGITAL DISTRIBUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF RAINYSONGS ENTERTAINMENT, LLC D/B/A RS DIGITAL DISTRIBUTION. THE AGGREGATE LIABILITY OF RAINYSONGS ENTERTAINMENT, LLC D/B/A RS DIGITAL DISTRIBUTION ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY RAINYSONGS ENTERTAINMENT, LLC D/B/A RS DIGITAL DISTRIBUTION BY YOU.

Links to Third-Party Websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

ii) If you decide to enable, access, or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.

iii) You irrevocably waive any claim against Rainysongs Entertainment, LLC d/b/a RS Digital Distribution with respect to such other services. Rainysongs Entertainment, LLC d/b/a RS Digital Distribution is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.

iv) You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Rainysongs Entertainment, LLC d/b/a RS Digital Distribution to disclose your data as necessary to facilitate the use or enablement of such other service.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2007 - 2024 Rainysongs Entertainment, LLC d/b/a RS Digital Distribution or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Rainysongs Entertainment, LLC d/b/a RS Digital Distribution or respective third parties and are either registered trademarks, trademarks or otherwise protected intellectual property of Rainysongs Entertainment, LLC d/b/a RS Digital Distribution or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Copyright Infringement at This email address is being protected from spambots. You need JavaScript enabled to view it. .

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad-faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim by sending us an email with “Copyright Infringement” in the subject line.

Governing law, severability, dispute resolution, and venue

These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

The exclusive jurisdiction and venue for actions related to any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be the courts located in Miami / Dade County, Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

YOU AND RAINYSONGS ENTERTAINMENT, LLC D/B/A RS DIGITAL DISTRIBUTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Modifications and Updates

We maintain the authority to revise these Terms of Service, along with its stipulations associated with the Website and Services, at any moment without prior notice. These changes become effective once an updated version of these Terms of Service is posted on the Website. The date at the bottom of this page will be updated to indicate when the modifications were implemented. Your continued usage of the Website and Services following any such amendments signifies your acceptance of these changes.

Acceptance of these Terms

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

Questions

If you have any questions about our Terms of Service, click here to contact us.

 

This document was last updated on March 29th, 2024

Saturday, 21 August 2021 05:57
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Rainysongs Entertainment Privacy Policy

This privacy policy (“Policy”) outlines how the personally identifiable information (“Personal Information”) you may provide on the rainysongs.com website (“Website” or “Service”) and any of its associated products and services (collectively, “Services”) is gathered, safeguarded, and utilized. It also explains the options available to you regarding our use of your Personal Information and how you can access and update this information. 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. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Automatic Collection of Information

When you visit the Website, our servers automatically record information that your browser sends. This data may include information such as your device’s IP address, browser type and version, operating system type and version, language preferences, the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other statistics.

Information collected automatically is used solely to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Collection of Personal Information

You can visit and use the Website and Services without revealing who you are or providing any information by which someone could identify you as a specific, identifiable individual. However, if you wish to use some of the features on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, publish content, or fill any online forms on the Website. This website does not offer products for sale or collect any financial information. When required, this information may include the following:

  • Personal details such as name, country of residence, etc.
  • Contact information such as email address, address, etc.
  • Account details such as user name, unique user ID, password, etc.
  • Geolocation data such as latitude and longitude.
  • Any other materials you willingly submit to us such as articles, images, feedback, etc.

Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases, social media platforms, third-party data providers, and our joint marketing partners. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and state, and online behavioral data, such as information about your use of social media websites, page view information and search results and links. You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.

Use and processing of collected information

In order to make the Website and Services accessible to you, or to fulfill a legal obligation, we need to gather and utilize certain Personal Information. If you do not supply the information that we request, we may not be able to provide you with the requested products or services. Any of the information we collect from you may be used for the following purposes:

  • Create and manage user account
  • Improve products and services
  • Send administrative information
  • Send marketing and promotional communications
  • Respond to inquiries and offer support
  • Request user feedback
  • Improve user experience
  • Post customer testimonials
  • Deliver targeted advertising
  • Enforce terms and conditions and policies
  • Protect from abuse and malicious users
  • Respond to legal requests and prevent harm
  • Run and operate the Website and Services

The processing of your Personal Information depends on how you interact with the Website and Services, where you are located in the world, and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

Please note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Managing Information

You have the ability to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website and Services evolve. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below.

Disclosure of Information

Depending on the Services requested or as necessary to complete any transaction or provide any service you have requested, we may collaborate with other companies and share your information, with your consent, with our trusted third parties that assist us, any other affiliates and subsidiaries we rely upon to facilitate the operation of the Website and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies align with ours or who agree to adhere to our policies with respect to Personal Information. These third parties are given the Personal Information they need solely to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.

We will disclose any Personal Information we collect, use, or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In the event we undergo a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account and Personal Information will likely be among the assets transferred.

Retention of Information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification, and the right to data portability cannot be enforced after the expiration of the retention period.

Transfer of Information

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You are entitled to learn about the legal basis of information transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard your information. If any such transfer takes place, you can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.

User Rights

You may exercise certain rights regarding your information processed by us. Specifically, you have the right to do the following:

(i) Withdraw consent where you have previously given your consent to the processing of your information. (ii) Object to the processing of your information if the processing is carried out on a legal basis other than consent. (iii) Learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing, and obtain a copy of the information undergoing processing. (iv) Verify the accuracy of your information and ask for it to be updated or corrected. (v) Under certain circumstances, restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it. (vi) Under certain circumstances, obtain the erasure of your Personal Information from us. (vii) Receive your information in a structured, commonly used, and machine-readable format and, if technically feasible, have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.

The right to object to processing

Where Personal Information is processed for the public interest, in the exercise of an official authority vested in us, or for the purposes of the legitimate interests pursued by us, you may object to such processing by providing a ground related to your particular situation to justify the objection. However, should your Personal Information be processed for direct marketing purposes, you can object to that processing at any time without providing any justification. To learn whether we are processing Personal Information for direct marketing purposes, you may refer to the relevant sections of this document.

Data Protection Rights under GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection rights, and Rainysongs Entertainment, LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed about what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:

  • The right to request access to your Personal Information that we store and have the ability to access your Personal Information.
  • The right to request that we correct any Personal Information you believe is inaccurate. You also have the right to request us to complete the Personal Information you believe is incomplete.
  • The right to request the erasure of your Personal Information under certain conditions of this Policy.
  • The right to object to our processing of your Personal Information.
  • The right to seek restrictions on the processing of your Personal Information. When you restrict the processing of your Personal Information, we may store it but will not process it further.
  • The right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw your consent at any time where Rainysongs Entertainment, LLC relied on your consent to process your Personal Information.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

California Privacy Rights

In addition to the rights explained in this Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information, please contact us.

How to exercise these rights

Any requests to exercise your rights can be directed to Rainysongs Entertainment, LLC through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.

Privacy of Children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Website and Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Cookies

The Website and Services use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical purposes to operate the Website and Services. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services. To learn more about cookies and how to manage them, visit internetcookies.org

Do Not Track signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your personal information.

Advertisements

We may display online advertisements and we may share aggregated and non-identifying information about our customers that we or our advertisers collect through your use of the Website and Services. We do not share personally identifiable information about individual customers with advertisers. In some instances, we may use this aggregated and non-identifying information to deliver tailored advertisements to the intended audience.

We may also permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on the Website. These companies may deliver ads that might place cookies and otherwise track user behavior.

Affiliates

We may disclose information about you to our affiliates for the purpose of being able to offer you related or additional products and services. Any information relating to you that we provide to our affiliates will be treated by those affiliates in accordance with the terms of this Policy.

Links to Other Resources

The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information Security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

Data breach

In the event we become aware that the security of the Website and Services has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will send you an email.

Changes and Amendments

We reserve the right to modify this Policy or its terms relating to the Website and Services at our discretion from time to time. We will notify you of any significant changes to the way we handle Personal Information. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

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 individual rights and your Personal Information, 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 March 29th, 2024

Last modified on Friday, 29 March 2024 19:29
Sunday, 22 November 2020 23:38
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RS Acceptable Use Policy (AUP)

This Acceptable Use Policy (“Policy”) outlines the 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.

This Policy governs your use of the Website and Services and is a contract between you and Rainysongs Entertainment, LLC, even though it is electronic and is not physically signed by you.

 

1. Prohibited Activities and Uses:

a) 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.

b) 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.

c) 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.

*Please note that this is a general guideline and it may not cover all possible prohibited uses and activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered acceptable use, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

2. System Abuse:

a) Unauthorized Access or Use: Any attempt to access any of Rainysongs Entertainment, LLC’s systems, data, or networks without proper authorization, or any attempt to circumvent any security measures, is strictly prohibited, and could result in immediate termination of your access to the Website and Services, as well as legal action.

b) Interference with Service: Any activity that interferes with or disrupts the Website and Services, or the servers and networks which are connected to the Services, is prohibited. This includes distributing malware or viruses, flooding or overloading the Website and Services, or engaging in a denial-of-service attack.

c) Use of Bots or Scripts: The use of bots, scripts, or other automated methods to perform actions on the Website and Services is prohibited, unless expressly authorized by Rainysongs Entertainment, LLC.

d) Account Hijacking: Attempting to gain unauthorized access to another user’s account, or making unauthorized modifications to another user’s account, is strictly prohibited.

*Please note that this is a general guideline and it may not cover all possible system abuses. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered system abuse, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

3. Service Resources:

a) Excessive Bandwidth Use: You may not use the Website and Services in a way that consumes excessive bandwidth or affects the performance of the Website and Services for other users. This includes, but is not limited to, streaming services, large file transfers, or any other high-bandwidth activity.

b) Excessive Server Load: You may not use the Website and Services in a way that creates an excessive or disproportionately large load on our infrastructure. This includes, but is not limited to, “mining” cryptocurrencies, running “bots” or “crawlers,” or any other activity that results in an excessive server load.

c) Excessive Storage: You may not use the Website and Services to store an excessive amount of data that could affect the performance or operation of the Website and Services.

d) Resource Management: We reserve the right to manage our resources to ensure the best performance for all users. This may include, but is not limited to, throttling network speeds, limiting server resources, and restricting access to certain features or parts of the Website and Services.

*Please note that this is a general guideline and it may not cover all possible excessive uses and activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered excessive use, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

4. No Spam Policy:

a) Unsolicited Communications: You may not use the Website and Services to transmit unsolicited promotional or advertising material or other forms of unsolicited communication, including, but not limited to, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”

b) Compliance with Laws: All email and other communications sent through the Website and Services must comply with applicable laws, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.

c) Reporting Violations: If you become aware of any violation of this Policy, you are required to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

d) Consequences of Violation: Violations of this Policy may result in a range of actions, including, but not limited to, warnings, account suspension or termination, and legal action.

*Please note that this is a general guideline and it may not cover all possible spam-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered spam, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

5. Defamation and Objectionable Content:

a) Respect for Others: You may not use the Website and Services to harass, threaten, or defame any person or entity. We reserve the right to take action against any account or User that is engaging in such behavior.

b) Objectionable Content: You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “pharming”, “pushing”, “spoofing”, or “spamming” activity designed to collect personal information about users or third parties without their consent.

c) Content Screening: We do not pre-screen User content, but we have the right (though not the obligation) to refuse or remove any content that is available via the Website and Services, in our sole discretion.

d) Reporting Violations: If you become aware of any violation of this Policy, you are required to immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

*Please note that this is a general guideline and it may not cover all possible defamation and objectionable content-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered defamation and objectionable content, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

6. Copyrighted Content:

a) Respecting Intellectual Property: You may not use the Website and Services to infringe upon the intellectual property rights of others. This includes, but is not limited to, unauthorized copying or distribution of copyrighted material, infringement of trademarks, patents, or theft of trade secrets.

b) DMCA Policy: We comply with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on the Website and Services, please contact us.

c) Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Website and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

*Please note that this is a general guideline and it may not cover all possible copyright-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered copyright infringement, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

7. Security:

a) Account Security: You are responsible for maintaining the security of your account and the confidentiality of your account details. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

b) Data Security: We implement reasonable security measures to protect the security of your information both online and offline, and we are committed to the protection of customer information. While we take reasonable precautions against possible security breaches of our Website and Services, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.

c) User Responsibility: You are responsible for all activities that occur under your account. You may not share your account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security.

d) Risk of Interception: Please be advised that we do not guarantee that any information sent from our Website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Website or the Services.

*Please note that this is a general guideline and it may not cover all possible security-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered a security issue, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

8. Enforcement:

a) Cooperation with Legal Authorities: We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Website and Services when requested.

b) Notification of Violation: If we become aware of any violation of this Policy, we will notify the offending user of the violation and demand immediate rectification. If the violation is not rectified, we reserve the right to take further action, such as blocking access to the Website and Services or terminating the user’s account.

c) Legal Recourse: We reserve the right to take legal action against users who violate this Policy. This can include seeking civil, criminal, or injunctive relief.

d) Changes to this Policy: We may modify the terms of this Policy at any time. We will make reasonable efforts to notify you of any significant changes, but it is your responsibility to check this Policy regularly for any changes.

*Please note that this is a general guideline and it may not cover all possible enforcement-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered a violation of this Policy, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

9. Reporting Violations:

a) Contact Information: If you believe that someone is violating this Policy, or if you have any questions about this Policy, please contact us immediately. You can reach us via the contact form available on our Website, or via the contact information provided on the Website.

b) Investigation: Upon receiving a report of a violation, we will investigate the issue. This may involve reviewing the content posted by the user, and any other relevant information.

c) Confidentiality: We will keep the identity of the reporting individual confidential to the extent permitted by law, unless the individual has given explicit consent for their identity to be disclosed.

d) Retaliation: We will not tolerate any form of retaliation against individuals who report violations of this Policy in good faith. If you believe you are being retaliated against, please contact us immediately.

*Please note that this is a general guideline and it may not cover all possible reporting-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered a violation of this Policy, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

10. Changes and Amendments:

a) Notification of Changes: We may, but are not obligated to, provide you with notice of any changes to this Policy, such as by sending an email, posting a notice on the Website, or updating the “Last Updated” date at the bottom of this Policy.

b) Acceptance of Changes: Your continued use of the Website and Services following the posting of the revised Policy means that you accept and agree to the changes. If you do not agree to the new terms, you should stop using the Website and Services.

c) Periodic Review: We encourage you to periodically review this Policy to stay informed of any changes that may affect you, as your continued use of the Website and Services signifies your continuing consent to be bound by this Policy.

*Please note that this is a general guideline and it may not cover all possible changes and amendments-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered a change or amendment to this Policy, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

11. Acceptance of this Policy:

a) Understanding and Agreement: By using the Website and Services, you affirm that you understand this Policy and that you agree to adhere to its terms and conditions. Your use of the Website and Services is entirely voluntary, and you are not required to use them if you do not agree with any part of this Policy.

b) Non-Acceptance: If you do not agree to this Policy, or if you cannot comply with these terms and conditions for any reason, you should immediately stop using the Website and Services. Continued use of the Website and Services signifies your ongoing agreement to this Policy.

c) Changes to Your Acceptance: Your acceptance of this Policy does not prevent you from discontinuing use of the Website and Services in the future. If you choose to stop using the Website and Services, this will not affect the legality of any actions you took while you were accepting this Policy.

*Please note that this is a general guideline and it may not cover all possible acceptance-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about what is considered acceptance of this Policy, please contact us.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

12. Contacting Us:

a) Email Communication: If you have any questions or concerns about this Policy or any issues related to the Website and Services, you can reach out to us via email. Please note that the email should be sent from the email address associated with your account, to ensure a swift and effective response.

b) Website Contact Form: Alternatively, you can also contact us using the contact form available on our Website. Please ensure to include your full name, your account username (if applicable), and a detailed description of your query or issue.

c) Response Time: We aim to respond to all queries as quickly as possible, but please allow for up to 48 hours for a response. We appreciate your patience and understanding.

*Please note that this is a general guideline and it may not cover all possible contacting-related activities. Always ensure to comply with all applicable laws and regulations while using the Website and Services. If you have any questions about how to contact us, please let us know.

Remember, the use of the Website and Services is at your own risk. If you do not agree with these terms, then you should not use the Website and Services.

 

"Contact 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 March 29th, 2024

Last modified on Saturday, 30 March 2024 00:17
Sunday, 22 November 2020 23:36
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RS DISCLAIMER

This disclaimer (“Disclaimer”) outlines the general guidelines, disclosures, and terms of your use of the rainysongs.com website (“Website” or “Service”) and any of its associated products and services (collectively, “Services”). This Disclaimer constitutes a legally binding agreement between you (“User”, “you” or “your”) and Rainysongs Entertainment, LLC (“Rainysongs Entertainment, LLC”, “we”, “us” or “our”).

By accessing and utilizing the Website and Services, you acknowledge that you have read, comprehended, and agree to abide by the terms of this Disclaimer. If you are entering into this Disclaimer on behalf of a business or other legal entity, you affirm that you possess 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 lack such authority, or if you disagree 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, even though it is electronic and is not physically signed by you, is a contract between you and Rainysongs Entertainment, LLC, and it governs your use of the Website and Services.

Representation

Any views or opinions presented on the Website are solely those of 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 are prohibited from modifying, printing, or copying 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 are allowed to 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 are prohibited from impersonating any other person through the Website and Services. You are prohibited from posting content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights, or that is otherwise unlawful. You are prohibited from posting content that infringes on the intellectual property rights of any other person or entity. You are prohibited from posting 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 accept forms of advertising. Advertising space will always be identified as such.

Not Legal Advice

The information provided on the Website serves as general information only and should not be considered as a substitute for legal advice from your lawyer, other professional services provider, or expert. It is not designed to provide legal advice or opinions of any kind. Actions should not be taken or refrained from based solely on the information provided on the Website. Instead, appropriate legal or other professional advice should be sought first. If you have specific questions about any legal matter, you should consult your lawyer, other professional services provider, or expert. Legal advice should never be delayed, disregarded, or actions commenced or discontinued due to the information on the Website.

The information on the Website is provided solely for your convenience. This information may lack evidentiary value and should be cross-verified against official sources before it is used for any purposes. It is your responsibility to determine the admissibility of this information 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 may not necessarily represent all those who will use the Services. Rainysongs Entertainment, LLC is not responsible for the opinions or comments posted on the Website and does not necessarily share them. All expressed opinions are strictly the views of the poster or reviewer.

The displayed testimonials are given verbatim except for corrections of grammatical or typing errors. Some testimonials may have been edited for clarity, or shortened when 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 every effort has been made to ensure that the information contained on the Website is accurate, 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 March 29th, 2024

Last modified on Friday, 29 March 2024 20:10
Sunday, 22 November 2020 23:33
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DMCA POLICY

This policy (“Policy”) pertains to the Rainysongs Entertainment, LLC website (“Website”) and all related services (“Services”). It outlines how Rainysongs Entertainment, LLC (“we”, “us”, or “our”) addresses copyright infringement notifications and how you (“you”) may submit a copyright infringement complaint.

We place great importance on the protection of intellectual property and expect our users and their authorized agents to do the same. It is our policy to promptly respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”) of 1998, the full text of which can be found at the U.S. Copyright Office website.

Considerations Before Submitting a Copyright Complaint

Before submitting a copyright complaint to us, consider whether the use could fall under fair use. Fair use allows brief excerpts of copyrighted material to be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without requiring permission from or payment to the copyright holder. If you have considered fair use and still wish to proceed with a copyright complaint, we recommend first reaching out to the user in question to see if the matter can be resolved directly.

Please be aware 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 indeed infringing, you may wish to consult 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 involved in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to hire an agent to report infringing material on your behalf.

Infringement Notifications

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

  • Identification of the copyrighted work that you claim has been infringed. 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 allow 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 Notifications must comply with the DMCA requirements.

Filing a DMCA complaint initiates a pre-defined legal process. We will review your complaint for accuracy, validity, and completeness. If your complaint meets 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. This 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-notification.

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 damages, 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 unsure 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. The modifications will become effective upon posting of an updated version of this Policy on the Website. When we do make changes, we will revise the updated date at the bottom of this page. Please ensure to review this Policy periodically to stay informed of any changes.

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 March 29th, 2024

Last modified on Friday, 29 March 2024 20:11
Monday, 26 October 2020 20:32
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COOKIE POLICY

This cookie policy (“Policy”) outlines what cookies are and how they’re utilized by the rainysongs.com website (“Website”) and any of its associated products and services (collectively, “Services”). This Policy is a legally binding agreement between you (“User”, “you” or “your”) and Rainysongs Entertainment, LLC (“we”, “us” or “our”). You should read this Policy to understand the types of cookies we use, the information we collect using cookies, and how that information is used. It also describes your choices regarding accepting or declining the use of cookies. Continued use of our website (without responding to the consent dialog) is considered as consent. For further information on how we use, store, and keep your personal data secure, refer to 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 your visit to the Website and 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 for our Websites to operate, and we refer to these as “essential” or “strictly necessary” cookies. Other cookies enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Websites for advertising, analytics, and other purposes when applicable. 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 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 are uncomfortable with the idea of cookies or certain types of cookies, you can adjust 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 enable us to provide you with 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 instance, these cookies allow us to recognize that you have created an account and have logged into that account to access the content.

Functionality Cookies

Functionality cookies allow us to 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 March 29th, 2024

 

Last modified on Saturday, 30 March 2024 00:33