Terms and Conditions
Welcome to Capturing Rainbows website (the “Site”). The term “Site,” “Capturing Rainbows,” “us,” “we,” or “our” refers to Capturing Rainbows, LLC. The term “you” refers to the user(s) and/or viewer(s) of the Site, including individuals who view or post comments.
ACCEPTANCE OF TERMS
Your use of the Site is subject to the Terms and Conditions, as updated by us from time to time, and the then-current rules and policies posted on the Site, all of which are hereby incorporated by reference. We will endeavor to notify you of any material changes to the Terms and Conditions by posting the latest version of them to the main page of the Site and will make an effort to send a notice about them to our current mailing lists, but we are not liable for failure to note changes to the Terms and Conditions. A link to the most current version of the Terms and Conditions is posted in the footer of the Site. In the event of any inadvertent conflict or inconsistency between the terms of the Terms and Conditions and the rules and policies posted on the Site, the Site rules and policies shall govern.
Capturing Rainbows’ USE OF CONTENT SUBMITTED BY WRITERS & THE RIGHTS OF WRITERS
The provisions of this Section apply only to Site Members.
By submitting content to any area of the Site (in the form of narrative text, photographs or other visual work, comments, questions or any other materials in various formats (“Content”), you grant Capturing Rainbows a non-exclusive right to use and display the Content on the Site, at no charge to Capturing Rainbows.
You also grant Capturing Rainbows the right, at no charge, from time to time, to edit, copy, distribute or make generally available to the public the Content you may submit to the Public Section of the Site, for the purpose of promoting your submission or Capturing Rainbows, including on social media or via syndication to other sites.
You acknowledge and agree that Capturing Rainbows may preserve work you post to the Site and may also disclose such work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Capturing Rainbows, its owners or operators, Members, or third parties.
Except as specifically described above, Members retain all rights to the work they post to the Site. Except as specifically described above, by posting your work to the Site, you do not grant Capturing Rainbows any sale or publication right or option or otherwise relinquish your right to market, publish, or sell any work that you post to the Site. Capturing Rainbows will not submit the work of Members for general publication other than as previously described unless the author has authorized such steps by either written or electronic means. Capturing Rainbows may from time to time establish additional forms of rights management and ownership programs applicable to work posted to the Site. Participation in these offerings will be solely voluntary and at the discretion of each submitting Member.
In order to create a safe space for sharing stories, all Content published within the Members Section of the Site is for viewing and commenting by Capturing Rainbows Members only. It cannot be shared outside of the Members Section of the Capturing Rainbows Site by any person other than the Member who has published the Content without the express approval of such Member .
All Content published within the Public Section will appear there only with the express approval of the Member. Note that all Content will be reviewed by Capturing Rainbows before being published within the Public Section to insure that it follows our Capturing Rainbows guidelines as described below.
In exchange for usage of Members’ Content on the Site, Capturing Rainbows may assist Members with their writing, when solicited and whenever possible, through a combination of peer review, editorial assistance, and commenting.
In the event that Capturing Rainbows publishes Members’ work outside of the Site, related social media or syndication on other sites, and that it is for profit, then compensation for the use of Content in this fashion will be negotiated individually with each contributor whose content is used, separate and apart from the Agreement set forth in this contract.
Capturing Rainbows wants to keep the Site a safe, nurturing, and positive place where Members can comfortably share their content among its Members. The Public Section of the Site will be visible to viewers of any age. In order to view, share or comment on Content appearing on the Members Section of the Site, however, users must register as Members and, by doing so, affirm that they are at least 18 years or older.
User-generated comments will be reviewed periodically by Capturing Rainbows administration to insure that all comments meet the guidelines listed below. Any comments deemed inappropriate or perceived to be spam or other junk content will be removed from the Site.
The goal of the Site is to allow registered users an opportunity to share content about their experiences as LGBTQ people and allies. Material that isn’t consistent with the Site’s standards or its objectives may be rejected or removed. We reserve the right to revoke a Member’s posting privileges, under our sole discretion, when we deem it necessary or advisable.
We intend for the Site to serve as a forum for the free exchange of information and for frank discussion among users. At the same time, Capturing Rainbows prides itself on being a responsible entity and will not allow users to engage in conduct that is damaging or hurtful to others, Capturing Rainbows, itself, or other entities.
We welcome and encourage the exchange of ideas, including differences of opinion. Engaging in personal attacks on an individual or an individual’s views, or other harassment or abusive behavior, however, is not acceptable. We will not condone or accept threatening, racist, abusive, hateful or violent language or behavior.
Use of sexually explicit language and images is accepted within a reasonable context and/or when it is deemed suitable to the Content. Capturing Rainbows reserves the right, in its sole discretion, to remove any image or language that it deems out of compliance with its guidelines.
If a Member submits photos or footage that includes persons other than him/herself, whether or not photographed in a public place, and/or which might be deemed as defamatory or otherwise present the person in an unfavorable light, it will be assumed that the Member in question has obtained written approval from the featured individuals for such usage, when said persons are deemed recognizable in the photo or footage. In the absence of such explicit approval, the posting Member will assume any liability for damages and/or legal costs incurred resulting from any legal action taken by those individual(s) with respect to the unauthorized usage of that Content.
Members are advised to use discretion when identifying any individuals by name, especially if they may be deemed to be depicted in compromising situations or presented in a damaging light, unless Members have obtained express permission from those individuals to list them by name.
We do not tolerate defamatory statements or any posts containing libelous or defamatory statements. Defamation is defined as any published material that damages the reputation of an individual or an organization, exposes them to hatred, ridicule or contempt, causes them to be shunned or avoided, discredits their trade, business or profession, or generally lowers them in the eyes of society. Libel is defined as a published false statement that is damaging to a person’s reputation.
We do not allow Site disruption, and will delete any flooding or spam, chain letters, pyramid schemes, or junk mail. Members are prohibited from promoting commercial ventures, publications, or other personal ventures except on personal profile pages, unless prior permission has been obtained from Capturing Rainbows.
RESPONSIBILITY FOR THE CONTENT YOU POST
By posting Content, you acknowledge that all Content that you post to the Site, including the works of other people, is the sole responsibility of you and/or the person from which such Content originated. This means that, although Capturing Rainbows has been granted the non-exclusive right to display and use the Content, you, as the posting Member, not Capturing Rainbows, are entirely responsible for all Content that you post or otherwise make available via the Site.
USE OF THE SITE
You agree not to utilize or otherwise access the Site for any unlawful purpose or for any purpose that encourages or facilitates unlawful or criminal conduct. You also agree not to post or transmit any material that is in any way infringing or otherwise in violation of the rights of others, including but not limited to engaging in conduct that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You further agree not to utilize the Site for the purpose of advertising or solicitation without the express prior written consent of Capturing Rainbows, and you agree not to use the Site to promote other on-line services that are competitive with Capturing Rainbows or the Site. If you have any questions concerning whether your proposed Content may raise any legal questions, you should consult a lawyer or other qualified legal expert.
As set forth above, by posting to the Site, Members grant Capturing Rainbows a royalty-free, non-exclusive license to use and display such Content. Posting Members retain all other rights associated with copyright ownership of any original Content that they post to the Site.
Capturing Rainbows owns a copyright in all aspects of the Site original to it, including but not limited to, the selection, coordination, arrangement and enhancement of the Site, as well as in Capturing Rainbows’ original content that appears on the Site.
POSTING OF CONTENT
You shall not post or otherwise make available on the Site any content that is protected by a copyright, trademark or other proprietary right other than your own. You shall be solely liable, and agree to indemnify Capturing Rainbows, for any damage and/or legal costs resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and such liability shall survive any termination of the Terms and Conditions or your membership to the Site.
YOUR USE OF CONTENT
You may not modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any Content other than your own. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Content will be permitted without the express permission of Capturing Rainbows and the rightful copyright owner. You may not remove, change or obscure any copyright notice, author attribution, trademark legend or other proprietary notice. You acknowledge that you do not acquire any ownership rights in the Content by downloading or printing copyrighted material. You shall not use the Site or its Content in any manner except as expressly permitted by the Terms and Conditions or any rules and policies posted on the Site.
You agree that the enforcement and arbitration of copyright disputes on the Site will be governed by laws of the State of New York without giving effect to the conflicts of law provisions thereof.
CHANGES TO THE SITE
Capturing Rainbows and its owners and operators shall have no liability in connection with the temporary or permanent unavailability of particular features of the Site. Capturing Rainbows may, at any time, without liability and in its sole discretion, change or discontinue any aspect or feature of the Site without notice, including, but not limited to, content, hours of availability, and equipment needed for access or use.
SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
Users of the Site are required to complete the Site’s registration process if they desire access to its Members Section. Your membership on the Site is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account and for all activities that occur under your password or account. You shall not permit (a) any other person to use your password or to access the Site under your registered user name; or (b) access through a single name being made available to multiple users on a network. You agree to (i) immediately notify Capturing Rainbows of any unauthorized use of your password or account or any other breach of security by e-mailing the Capturing Rainbows’ administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. Capturing Rainbows bears no responsibility for your failure to comply with this section or to take appropriate security measures.
YOUR REGISTRATION OBLIGATIONS
You agree to: (a) abide by the Terms and Conditions and all other rules and policies posted on the Site; (b) honor the requests made by Capturing Rainbows’ and its agents with respect to your actions on the Site; (c) provide us with accurate, complete registration information, including your age of consent, when registering as a member of the Site; and (d) check for updates and update notices of the Terms and Conditions and the rules and policies posted on the Site.
THIRD PARTY CONTENT
Capturing Rainbows does not control or monitor the Content posted on the Members Section of the Site except as otherwise provided herein and does not guarantee its quality. Most Content on the Member Section of the Site is supplied by third party Members of the Site and not the owners or operators of Capturing Rainbows.
The information and opinions in the Content provided by Members to the Member Section and Public Section of the Site represent solely the thoughts of the author[s] and is neither endorsed by nor does it necessarily reflect the views of Capturing Rainbows. Neither Capturing Rainbows nor its owners or operators are responsible for the Content, accuracy of opinions, advice or statements made on the Site by anyone other than authorized Capturing Rainbows employees or agents. You understand that by accessing the Site, you may be exposed to Content that you consider offensive, indecent or objectionable.
LINKS TO OTHER WEB SITES
The Site may contain links to other websites. Inclusion of any linked website to our Site does not imply approval or endorsement of the linked website by us. We are not responsible for the Content accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Links to other websites are provided solely as pointers to information on topics that may be useful to the users of our Site.
You agree that Capturing Rainbows may, in its sole discretion and without liability, terminate your membership to the Site or remove and discard any Content with or without notice, if Capturing Rainbows believes, in its sole discretion, that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions or the Site rules and policies or that your activity interferes with proper use of the Site by others. All provisions of the Terms and Conditions which by their nature are intended to survive the termination of your membership or this Agreement, including but not limited to the clause below “DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION” shall survive any such termination.
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNIFICATION
The Site and all features thereof are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion under applicable law. Neither Capturing Rainbows, nor any of its owners, officers, directors, operators, partners, employees, agents, subcontractors, licensors, successors, assigns, affiliates, or third party suppliers (collectively “Affiliated Parties”) warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the accuracy, reliability of any information obtained from the Site, or the results that may be obtained from use of the Site.
To the fullest extent permitted by applicable law, in no event will Capturing Rainbows or its Affiliated Parties be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential (including but not limited to lost business or lost profits) or punitive damages arising out of the use of or inability to use the Site or the Content contained on the Site. You specifically acknowledge that neither Capturing Rainbows nor its Affiliated Parties are liable for the defamatory, offensive or illegal conduct of other members and that the risk of injury from the foregoing rests entirely with you.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between Capturing Rainbows and you. This Site would not be provided without such limitations.
In the event the above limitation of liability is prohibited by applicable law, the total aggregate liability of Capturing Rainbows and its Affiliated Parties in connection with any claim arising out of or relating to the Site shall not exceed the sum of Fifty U.S. Dollars ($50), and such amount shall be in lieu of all other remedies which you may have against Capturing Rainbows or its affiliated parties.
You agree to defend, indemnify and hold harmless Capturing Rainbows and its Affiliated Parties from and against all claims, damages, liability and expenses (including attorneys’ fees), arising out of or in connection with your violation of the Terms and Conditions or your use of the Site, including but not limited to, any Content you post to the Site.
The Terms and Conditions and any rules and policies, as amended from time to time, that are established by Capturing Rainbows and posted on the Site constitute the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, representations, warranties and understandings with respect to the Site, the Content, and the subject matter of this Member Agreement. The Terms and Conditions shall be construed in accordance with the laws of the State of New York, without giving effect to the conflicts of law provisions thereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Should any part of the Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Capturing Rainbows and each of its logos are trademarks of Capturing Rainbows, LLC. All rights reserved. Other trademarks that may appear or be referenced on the Site are the property of their respective owners.