Terms of Use | RainTiger.com ® "A Commune For Creative Spirits" ®

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elcome to RainTiger's Information Section. As Aristotle put it, "All men desire knowledge," and this section is designed to inform the general public of RainTiger, Inc., its main online publication, affiliates and publication team. The goal of this section is to give our readers a chance to know more about RainTiger, behind the scenes, and to facilitate a way that people can contact us directly. Please click on any of the links, on the right side, for further information. Thank you for being a part of RainTiger.

DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAINTIGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAINTIGER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAINTIGER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RAINTIGER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL RAINTIGER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING RAINTIGER OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE RAINTIGER OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF RAINTIGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination

You agree that RainTiger may terminate your membership should you violate any Terms written or unwritten without prior notification. b) Deny any submissions, posts, email, files, or uploads, that violate the Terms without warning or reply. c) Deny publication in the RainTiger collective works should you fail to meet required deadlines or qualifications. d) Deny any award applications should said application fail to meet proper requirements. e) Revoke any given award should you fail to meet proper restrictions, or violate any code of ethics in connection to said award. Depending on the severity of violation of the RainTiger Terms, you will first be warned, secondly, you will be warned again and placed on moderated or submissions/posts will be suspended, the third violation will result in termination of all accounts and/or services you may use with RainTiger.

Other

These Terms and any Additional Terms (as such terms shall be identified when posted on RainTiger) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms will, at the election of RainTiger, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms will remain valid and enforceable.

If you have any questions, please contact our legal division through our Online Contact Directory.

Use of the RainTiger^® Net Works website ("RainTiger") is bound by the following Terms of Use ("Terms"). If you do not agree to abide by the Terms, do not use this site. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. Check these Terms periodically for changes. Your continued use of our site following the posting of changes to these Terms will mean you agree to abide by those changes.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to RainTiger, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Intellectual Property

All contributors reserve the right to be identified as the owners of all works credited to them on this site. Content on this site and all intellectual property rights (including, without limitation, domain names, trade marks, copyright in the stories, copyright in the website design and copyright in the images and graphics) associated with such content belong to and shall remain the property of RainTiger and its licensors. You may use such content and intellectual property in accordance with these Terms, only to the extent necessary to receive the services provided by RainTiger.

RainTiger contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of RainTiger are copyrighted as a collective work under the United States copyright laws. RainTiger owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You shall not upload, post, or otherwise make available to others any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any such submission. Some images are used by permission, some are not, if there is no copyright on the pages and you feel that it is your image or images please send a email to RainTiger at postoffice@raintiger.com and we will gladly add your copyright to the artwork, graphic or graphics.

Submissions

By submitting ANY MATERIAL including writings, photos, ideas, and graphics, contributors are certifying that these works are of their own original creation and do not violate any copyrights. By submitting material to RainTiger, you agree that RainTiger can display, modify, transmit, distribute or delete your posting without requiring any prior or further consent from you. RainTiger may remove submissions at any time at our complete and sole discretion. If anyone reports a copyright violation, we will investigate and remove the material if warranted. All submissions will be considered

If possible, all submissions will be displayed as is. However, we reserve the right to deny any submission. Also, we reserve the right to edit and rewrite submissions for any reason, but especially for content and language.

Surveys and Contests

From time-to-time, our site requests information from users via surveys or contests. Participation in these surveys or contests is voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Privacy

None of your personal contact information will be given or sold to third parties. We do not sell our mailing lists. Users should be aware that when they voluntarily disclose personal information (e.g., name, email address) on the bulletin boards, chat areas, or in submissions, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. Please see our Privacy Statement for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.

Indemnity

You agree to indemnify and hold RainTiger and its agents, affiliates, officers, or employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through RainTiger, your use of the RainTiger, your connection to RainTiger, your violation of the Terms, or your violation of any rights of another. These Terms should be read in conjunction with our Privacy Policy, which forms part of these Terms.

Third-Party Linked Sites

RainTiger may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we cannot be responsible or liable for the communications of materials on any Linked Sites. We provide these links to you as a convenience and to advertisers to promote their own sites or products, and the inclusion of any link does not imply our endorsement of the site or association with its operators. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through RainTiger.

Rules of Conduct

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

be, libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually, racially, culturally, ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive or which may or may appear to, impersonate anyone else;
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming";
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses or other potentially harmful programs or other material or information;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, User Information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the Terms and conditions of this agreement;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site.