Terms of Service
1. Introduction
Welcome to RainbowPlay. These Terms of Service ("Terms") govern your access to and use of the RainbowPlay website and services ("Service"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
Our website is intended to showcase and celebrate indie games with a focus on visual aesthetics and design. These Terms outline the rules for using our platform, your rights and responsibilities, and our obligations to you as a service provider.
2. Definitions
Throughout these Terms, we use certain terms with specific meanings:
- "Service" refers to the RainbowPlay website and all content, features, and services offered by RainbowPlay.
- "User" or "you" refers to the individual accessing or using the Service.
- "Content" refers to all information, text, graphics, photos, designs, game information, and other materials that appear on our Service.
- "User Content" refers to any content, including comments, feedback, and submissions that users provide to the Service.
3. Account Registration
Some features of our Service may require registration. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. User Content
Our Service may allow you to post, link, share, or otherwise make available certain content, including comments and feedback. By posting content on our Service, you:
- Grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service.
- Represent and warrant that you own or have the necessary rights to post the content, and that the content does not violate the rights of any third party or any law.
- Agree that your content will not contain material that is defamatory, obscene, illegal, threatening, or invades the privacy or rights of any third party.
We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.
5. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of RainbowPlay and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RainbowPlay.
All game images, logos, and related content featured on our site are the property of their respective owners and are used for informational and promotional purposes only.
6. Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by RainbowPlay.
RainbowPlay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that RainbowPlay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
7. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
RainbowPlay, its subsidiaries, affiliates, and licensors do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location.
- Any errors or defects will be corrected.
- The Service is free of viruses or other harmful components.
- The results of using the Service will meet your requirements.
9. Limitation of Liability
In no event shall RainbowPlay, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service; and
- Unauthorized access, use, or alteration of your transmissions or content.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 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.
11. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
It is your responsibility to review these Terms periodically for changes. If you do not agree with any of the revised Terms, you must stop using the Service.
12. Contact Us
If you have any questions about these Terms, please contact us at:
RainbowPlay42 Campbell Street
Surry Hills, Sydney NSW 2010
Australia
[email protected]
Phone: +61 2 9280 4000