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Terms of Service

Acceptance of Terms of Service


This Terms of Service (“TOS”) is a legally binding agreement made by and between Your
Rainbow, (“Your Rainbow”, “we”, “us” and “our”), and you, personally and, if applicable, on
behalf of the entity for whom you are using this website (collectively, “you”, “your”, “yours”).
This TOS governs your access to and use on kellyslessor.com or any other website owned,
operated, licensed, or controlled by yourrainbow.com.au (the “website”), and any associated
software, website, web widgets, feeds and applications for third-party websites and services,
and any other mobile or web services or applications owned, controlled, or offered by Your
Rainbow (collectively with the website, the “Service”).


By accessing or using any part of the service, including linking to the website, you agree that
you have read, understand and agree to be bound by this TOS. If there are additional posted
guidelines or policies applicable to the services or website (including the privacy policy), you
are required to follow those as well, those policies and guidelines are incorporated by
reference into this TOS. If you do not agree to be bound by the TOS and to follow all
applicable laws, guidelines and policies, do not access or use the services and leave the
website immediately.


Your Rainbow reserves the right to make changes to this TOS at any time. Your continued
use of the service constitutes assent to any new or modified provision of this TOS that may
be posted on the website. We will post the amended TOS on this page and indicate at the
top of the page the date the agreement was last revised.
Eligibility


You must be at least 18 years old to download and use the Service, or, if you are not at least
18, you must be at least 13 years old and may download and/or use the Service only in
conjunction with, and under the supervision of, your parent or guardian. If you do not qualify,
you may not visit the website or download or use the Service.
Use of the Software Generally


You must comply with all of the terms and conditions of this TOS, any policies referred to
below or on the website, and all applicable laws, regulations and rules when you use the
website. Subject to the terms and conditions of this TOS, you are hereby granted a limited,
revocable, non-exclusive right to use the Services and the content and materials on the
website in the normal course of your use of the website.


Restrictions


Except as expressly authorized herein, you agree to the following restrictions:


(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish,
edit, adapt, reproduce, or transfer the right to use the Service except as expressly provided
in this TOS.


(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Service.


(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to
discover the source code of the Service or create derivative works based on the Service.


(d) You agree that you shall only use the Service in a manner that complies with all
applicable laws in the jurisdiction in which you use the Service, including, but not limited to,
applicable restrictions concerning privacy, copyright and other intellectual property rights.


(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that
contains viruses or any other computer code, files or programs designed to interrupt,
destroy, usurp, modify or limit the functionality of the Service or any computer software,
hardware, telecommunications equipment or other equipment or devices associated with the
Service. You also agree not to interfere with the servers, networks or other devices or
equipment connected to or used in connection with the Service or to violate any of the
procedures, policies or regulations of such networks, devices or equipment, or of any service
providers associated with or connected to the Service.


(f) We do not promote, recommend, or condone use of the Service during other activities,
such as the operation of machinery, where there is any risk of accident. You agree not to use
the Service during such activities.


Mobile


Your Rainbow may make the Service accessible on certain mobile devices. Please be aware
that your carrier’s normal rates and fees, such as text messaging and data fees, may apply.


Privacy Policy


The Service may store and provide to Your Rainbow data about your interaction with the
Service, including without limitation, data related to the content accessed while using the
Service. Such information will be used only for the purposes of operating, providing and
improving the Service and marketing the Service, but only to the extent such information is
aggregated and anonymized. Such information is subject to the terms of Your Rainbow
privacy policy which is incorporated by reference into this TOS.


Electronic Communications


By downloading and/or using the Service, you consent to receiving electronic
communications and notices from Your Rainbow. You agree that any notice, agreement,
disclosure or other communications that we send to you electronically will satisfy any
applicable legal communication requirements, including that such communications be in
writing.


Intellectual Property


Copyright. All materials on the website and available through the Services, including without
limitation, the logos, design, text, graphics, audio clips, video clips, resources, blogs, other
files, arrangement and organization thereof are owned by Your Rainbow or its licensors.
Trademarks. Product names, logos, designs, resources, blogs and words or phrases used
on the Service, are owned by Your Rainbow or its licensors. All page headers, custom
graphics, button icons and scripts are trademarks or trade dress of Your Rainbow or its
licensors. If you use any information from Your Rainbow, you must include appropriate
attribution. You may not use any of these trademarks, trade dress, or trade names, or any
confusingly similar marks, dress or names, including without limitation as a part of any link,
without express permission.


Your Ideas. You may choose to or we may invite you to submit comments, testimonials,
feedback, suggestions, ideas, and other submissions about the Services, including without
limitation about how to improve the Services or our services/products (“Ideas”). By
submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without
restriction and will not place Your Rainbow under any fiduciary or other obligation, that we
are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the
Ideas without any additional compensation to you. You acknowledge that, by acceptance of
your submission, Your Rainbow does not waive any rights to use similar or related ideas
previously known to Your Rainbow, or developed by its employees, or obtained from sources
other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does,
constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and
interest in all patent, copyright, trademark, and all other intellectual property and other rights
whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair
competition, breach of implied contract, breach of confidentiality, and any other legal theory.
You should not submit any Ideas to us if you do not wish to license such rights to us. We are
and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or
any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and
shall remain solely responsible for the content of any Ideas you make.
Linking and Framing. You may not frame, inline link, or similarly display any Your Rainbow
content or property, including, without limitation, the website.


Notice and Take Down Procedures And Copyright Agent


Your Rainbow respects the intellectual property rights of others and expects its users to do
the same. Your Rainbow may remove content that in its sole discretion appears to infringe
the intellectual property rights of others. In addition, Your Rainbow will, in its discretion,
terminate the accounts of users who infringe the intellectual property rights of others. If you
believe any materials accessible on or from the Services infringe your copyrights or
trademark/service mark rights, please notify Your Rainbow at info@yourrainbow.com.au and
provide the following information:


1. Identification of the copyrighted work that you believe to be infringed. Please
describe the work, and where possible include a copy or the location (e.g., URL) of
an authorized version of the work.


2. Identification of the material that you believe to be infringing and its location. Please
describe the material and provide us with its URL or any other pertinent information
that will allow us to locate the material.


3. Your name, address, telephone number and email address.


4. A statement that you have a good faith belief that the complained of use of the
materials is not authorized by the copyright owner, its agent, or the law.


5. A statement that the information that you have supplied is accurate, and indicating
that “under penalty of perjury,” you are the copyright owner or are authorized to act
on the copyright owner’s behalf.


6. A signature or the electronic equivalent from the copyright holder or authorized
representative.


In an effort to protect the rights of copyright owners, we maintain a policy for the termination,
in appropriate circumstances, of subscribers and account holders who are repeat infringers.


Advertising/Third Party Offers


In connection with your use of the Service, the Service may contain links to third party web
sites, advertisements, or programs that are not controlled by or affiliated with Your Rainbow.
Your Rainbow is not responsible for the content, offers or privacy policies of such third party
advertising, sites and programs. Your dealings with third party sites are solely between you
and the applicable third party. You expressly release Your Rainbow from any and all liability
arising from your use of any third-party website or services or third party owned content. We
encourage you to be aware of when you leave the website, and to read the terms and
conditions and privacy policy of any third-party website or service that you visit.


Representations and Warranties


You represent and warrant to Your Rainbow that: (i) you have the full power and authority to
enter into and perform your obligations under this TOS; (ii) your assent to and performance
of your obligations under this TOS does not constitute a breach of or conflict with any other
agreement or arrangement by which you are bound, or any applicable laws, regulations or
rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in
accordance with its terms and conditions; (iv) you will not infringe the patent, copyright,
trademark, trade secret, right of publicity or other intellectual property or proprietary right of
any third party in your use of the website or the Services; and (v) you will comply with all
applicable laws, rules and regulations in your use of the Services and the website, including
this TOS.


Indemnification; Hold Harmless; Release


You agree to indemnify, hold harmless and release Your Rainbow, its officers, directors,
stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims,
losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of
the Service, (ii) breach of any of this Agreement, or (iii) your violation of any applicable law
or the rights of any other person or entity. Your Rainbow reserves the right, at our own
expense, to assume the exclusive defence and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defence of these claims.


Disclaimers, Exclusions, and Limitations


disclaimer of warranties. Your Rainbow provides the website and services on an “as is”
and “as available” basis. Your Rainbow does not represent or warrant that the website or
services or their use (i) will be uninterrupted or secure, (ii) will be free of defects,
inaccuracies or errors, (iii) will meet your requirements, (iv) will operate in the configuration
or with other hardware or software you use, or (v) that errors will be corrected. Your Rainbow
makes no warranties other than those made expressly in this TOS, and hereby disclaims
any and all implied warranties, including without limitation, warranties of fitness for a
particular purpose, merchantability and non- infringement. any content downloaded or
otherwise obtained through the use of the services or website is downloaded at your own
risk and you will be solely responsible for any damage to your computer system or loss of
data that results from such download.


EXCLUSION OF DAMAGES. To the maximum extent permitted by applicable law, in no
event shall Your Rainbow, its affiliates, associates, dealers, agents or suppliers be liable for
any , indirect, exemplary, punitive, special, incidental or consequential damages whatsoever
(including but not limited to damages arising from breach of contract, warranty, tort or strict
liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal
injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable
care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or
in any way related to the use of or inability to use the website or Services, regardless of the
cause of action on which they are based, even if Kelly Slessor or such other entities have
been advised of the possibility of such damages.


limitation of liability. In no event will the liability of Your Rainbow in connection with this
TOS, the website or services exceed $100.


additional rights. You may have other rights which may vary from state to state or in other
jurisdictions because some states or jurisdictions may not allow limitations on the duration of
implied warranties, or limitations on or exclusions of consequential or incidental damages,
some of the above limitations may not apply to you depending on your state of residence.


Technical Support


Your Rainbow has no obligation to furnish you with technical support unless separately
agreed in writing between you and Your Rainbow.


Force Majeure


Your Rainbow will not be liable for failing to perform under this TOS by the occurrence of any
event beyond its reasonable control, including, without limitation, a labour disturbance, an
Internet outage or interruption of service, a communications outage, failure by a service
provider to Your Rainbow to perform, fire, terrorism, natural disaster or war.


Disputes; Limitations of Actions


If any dispute arises regarding this Agreement or the Service, you agree that the dispute will
be governed by the laws of the State of NSW without regard to its conflict of law provisions.


Changes to the Website or Service


Your Rainbow may, in its sole discretion, change, modify, suspend, make improvements to or
discontinue any aspect of the website or the Services, temporarily or permanently, at any
time without notice to you, and Your Rainbow will not be liable for doing so. Without limiting
the foregoing, if you do not agree with any changes made to the website you may terminate
your account as set forth below.


Termination


Your rights under this Agreement will automatically terminate without notice from Your
Rainbow if you fail to comply with any term of this Agreement. In case of such termination,
you must cease all use of the Software and Your Rainbow may immediately restrict your
access to the Service.


Effect of Termination. If your account is terminated, Your Rainbow may, in its sole
discretion, delete any websites, files, graphics or other content or materials relating to your
use of the website or Services on servers owned or operated for Your Rainbow or otherwise
in its possession, and Your Rainbow will have no liability to you or any third party for doing
so. Following termination, you will not be permitted to use the website or the Services. If your
account or your access to the website or Services is terminated, Your Rainbow reserves the
right to exercise whatever means it deems necessary to prevent unauthorized access to the
website or the Services, including, but not limited to, technological barriers, IP mapping and
direct contact with your Internet Service Provider (ISP). If your account is terminated, you
must immediately pay Your Rainbow any fees that you owe it. Regardless of whether you
have the right to access or use the website or the Services, this TOS will survive indefinitely
unless and until Kelly Slessor chooses to terminate it.


Waiver


Any provision of this Agreement may be waived only by a written instrument executed by the
party entitled to the benefit of such provision. The failure of any party at any time to require
performance of any provision of this Agreement shall in no manner affect such party’s right
at a later time to enforce the same. A waiver of any breach of any provision of this
Agreement shall not be construed as a continuing waiver of other breaches of the same or
other provisions of this Agreement.


Severability


If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions.


Assignment


We may assign our interest in this Agreement. You may not assign or transfer this
Agreement. We may also assign or delegate certain of our rights and responsibilities under
this Agreement to independent contractors or other third parties.


Headings


The heading references herein are for convenience purposes only, do not constitute a part of
these Terms of Service, and shall not be deemed to limit or affect any of the provisions
hereof.


Entire Agreement


This is the entire agreement between us relating to the subject matter herein and shall not
be modified except in writing, signed by both parties, or by a change to this Agreement made
by Your Rainbow as set forth above.


Contact:
info@yourrainbow.com.au

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