Terms of Use

Particulars

  1. Parties

  2. These Terms of Service form an agreement (Agreement) between RAINNBOW PTY LTD, ACN 607 466 973 (Rainnbow) and the User (Visitor, Member, Artist, User or You, where implied by context).

  3. Privacy Policy

  4. By accepting these Terms you also confirm that you have read and accept our Privacy Policy. You can read our Privacy Policy at www.rainnbow.com/privacy

  5. Service

  6. Service Description

    The Rainnbow website and native mobile application (Service) is an online music discovery and artist support service that allows a visitor (Visitor) to:

    Browse the website and artist profile pages (Artist Profile); and

    Register an account as a Member (Member).

    (Visitor Services).

    In addition to Visitor Services, once registered as a Member the Service allows Members to access the following Services (Member Services):

    Follow Artists by adding them to their Discover List;

    Rate Artists;

    Donate to Artists; and

    Receive emails and other notifications from Rainnbow.

    (Member Services).

    Rainnbow also allows artists (Artists) to:

    Register and manage an Artist account;

    Create and edit an Artist Profile;

    Connect the Artist’s other supported third-party services;

    Receive donations from Members;

    Receive email notifications when a Member adds the Artist to their Discovery List.

    (Artist Services)

    User (User) shall be the collective term used to refer to Visitors, Members and Artists.

    Visitor Services, Member Services and Artist Services shall be together referred to as the Services (Services).

    1. The Service is available

      1. Web. From the application accessed through the URL http://www.rainnbow.com (or any other domain used by Rainnbow from time-to-time); and/or

    Mobile. From Apple’s AppStore, GooglePlay and any other native or web-based mobile applications made available from time-to-time.

  7. Term

    Your licence to access the Service as a User shall be ongoing unless terminated by Rainnbow in accordance with these Terms.

  8. Limitations on Use

    Rainnbow may limit or restrict access to the Service from time-to-time on any basis as it sees fit, including (but not limited to):

    1. Age & Capacity. Visitors under the age of 18 must not use the Service without their parent or guardian’s consent. Only persons over the age of 18 may register as a Member or an Artist;

    2. Location. Rainnbow may restrict access to the Service from any location;

    3. Certification of Identity. Rainnbow may restrict access to the Service where it cannot, in its absolute discretion, verify the Member or Artist’s identity. Additionally Rainnbow may restrict access if you:

      1. Use another person’s name, username or password without that person’s permission;

      2. Collect or store personal data about other users;

      3. Impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity;

    4. Use of Content: Rainnbow may restrict access to the Service, or hold you liable if you download or post any material that you know, or ought to know cannot be legally distributed;

    5. Hacking: Rainnbow may restrict access to the Service, or hold you liable if you:

      1. Tamper with, hinder the operation of, or make unauthorised modifications to the Service; or

      2. Knowingly transmit any virus or other disabling feature to the Service.

  9. Registration & Verficiation

  10. Registration.

    1. Some sections and Services of Service are only accessible to registered Users. A user of the Service must register as a User to take advantage of the Member Services or Artist Services; and

    2. Until registration as a Member or Artist is confirmed by Rainnbow you are not granted a licence to access the additional features of the site offered to registered Users.

  11. Verification.

    1. By registering as a Member or Artist you warrant to Rainnbow that you have the authority to do so.

    2. The User may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. You agree to provide Rainnbow with all necessary verifications we require to provide you with access to the Services.

  12. Account access using third-party services

  13. Registration & Login.

    1. You may be able to register for as a User, and access the Services, by using your account with certain third party services (TPS) (e.g, Facebook, Twitter etc.);

    2. As part of the functionality of the Service you may connect your profile with a TPS by:

      1. Providing your TPS login information to Rainnbow through the Service; or

      2. Allowing Rainnbow to access your TPS in accordance with its terms & conditions of service; and

    3. When connecting to the Service using a TPS you warrant that you are not in breach any of its terms & conditions of service.

  14. Ongoing Availability.

    1. You agree that User access to the Service may be unavailable if the TPS becomes unavailable, and that you may lose functionality or content that is shared between the TPS and the Service;

    2. You may disconnect the connection between the Service and the TPS at any time.

    3. Rainnbow has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.

  15. Data from TPS.

    Where you connect and or register you profile using a TPS, you authorise us to use data from that TPS to create your profile on the Service.

  16. Artist Terms of use

  17. The person that creates an Artist account warrants that they are duly authorised to bind the Artist to this Agreement.

  18. Rainnbow creates Artist Profiles using the LastFM service, in accordance with the LastFM API Terms of Service http://www.last.fm/api/tos.

  19. If an artist objects to Rainnbow’s use of their content collected from LastFM, the artist must create an Artist account in order to edit or remove the content or Artist Profile.

  20. Rainnbow accepts no responsibility for LastFM’s use of an artist’s content. Any dispute or claim arising from LastFM’s use of an Artist’s information or content must be directed to LastFM directly.

  21. The Artist may claim an Artist Profile that is available on the Service prior to the Artist having created the Artist Account.

  22. The Artist agrees and warrants that:

    1. The Artist holds all the requisite rights to any User Content that the Artist makes available via the Service, including all User Content on each third-party service that the Artist connects with the Service. Such third-party services may include (without limitation):

      1. LastFM

      2. Twitter

      3. Instagram

      4. Facebook and

      5. YouTube, etc.

    2. The Artist grants Rainnbow a non-exclusive, royalty free and world-wide licence to use any User Content that that Artist makes available via the Service, for the term of this Agreement.

    3. The Artist must hold a PayPal account, and link that account with their Artist account in order to receive donations via the Service.

    4. Only one set of login details shall apply to an Artist account. If the Artist consists of more that one person (e.g. a band), each person must use the same login details in accordance with the General Conditions.

    5. The Artist shall ensure all personal information it has access to through its use of the Service is kept and used in accordance with applicable privacy laws in the Artist’s jurisdiction.

  23. Donations

  24. Rainnbow does not charge for the use of the Service, however it may allow Members to make donations to an Artist via a payment service integrated with the Service.

  25. In the event that a Member provides a donation, the Member acknowledges that:

    1. The Member does so of their own accord, and not under any compulsion by Rainnbow or an Artist; and

    2. The payment does not form a contract for an exchange of any kind between the Member and Rainnbow or the Artist, whereby Rainnbow or the Artist would owe the Member a debt, good or service.

  26. The payment details of any Member that makes a donation will be handled in accordance with Rainnbow’s Privacy Policy.

  27. Payments

    1. All Donation Payments must be made via the Service.

    2. Payments must be made via Paypal, or such other method as the Service may allow from time-to-time.

    3. Rainnbow may deduct a Fee from payments made via the Service in consideration for its services. The terms of the Fees are set out in the General Conditions.

    4. Donation payments will simultaneously deduct Rainnbow’s Fee while forwarding the balance of the payment to the Artist using Paypal’s Parallel Payment service.

    5. The amount of any applicable Fee deducted shall be in accordance with the rates advertised on Rainnbow’s  website from time-to-time, but in default shall be 15% of the total amount received by Rainnbow. This Fee shall include the amount of any transaction fees payable to Paypal or any other payment service used by Rainnbow.

    6. Rainnbow does not store credit card or bank account details within the Service. These details are held by Paypal, Rainnbow’s payment service provider in accordance with Rainnbow’s Privacy Policy and Paypal’s Privacy Policy that can be accessed at https://www.paypal.com/au/webapps/mpp/ua/privacy-full.

    7. Rainnbow will provide:

      1. The Member with a Tax Invoice for its payment; and

      2. The Artist with a recipient created Tax Invoice for each payment it makes to the Artist.

  28. Currency.

    1. All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or British pounds).

    2. Transactions processed in other currencies may attract conversions fees, transaction fees or other bank fees, which must be paid for by the User.

  29. Refunds. Rainnbow shall not provide refunds except as required by law. In the event that Rainnbow does process a refund, it may include the value of any transaction fees in any amount payable by the Artist.

  30. LINKS AND ADVERTISING

  31. The Service may contain links to third party websites. The inclusion of a link does not imply that Rainnbow endorses, has investigated or verified the linked websites. Rainnbow makes no warranty or representation concerning these links or the linked websites and you acknowledge that:

    1. Rainnbow is not responsible for the functionality of linked websites;

    2. The security of linked websites;

    3. The reliability or accuracy of the information contained on linked websites;

    4. The copyright compliance, legality, decency, privacy practices or any other aspect of linked websites.

    You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

  32. The Service may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements.

  33. All prices displayed, and products and services advertised on the Service can be changed without notice.

  34. Termination

  35. Either party may end this Agreement at any time by written notice in accordance with these Terms.

  36. General

  37. Governing Law. Victoria, Australia.

  38. Reference City. Melbourne, Victoria.

General conditions

  1. Background

    The User wishes to access services provided by Rainnbow.

    The terms and conditions in this Agreement govern the provision of the Services to the User by Rainnbow.

  2. INTERPRETATION

    The following definitions apply in this document:

    ABN means Australian Business Number.

    ACN means Australian Company Number.

    Agreement means the agreement formed by these Terms & Conditions.

    Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Reference City set out in item J of the Particulars.

    Commencement Date means the date the User accepts these Terms & Conditions.

    Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:

    all technical or non-technical data, formulae, patterns, programs, devices, methods, techniques, plans, drawings, models and processes, source and object code, software and computer records;

    all business and marketing plans and projections, details of agreements and arrangements with third parties, and User and supplier information and lists;

    all financial information, pricing schedules and structures, product margins, remuneration details and investment outlays;

    all information concerning any employee, User, contractor, supplier or agent of the relevant party;

    the party's policies and procedures; and

    all information contained in this document,

    but excludes information that the other party can establish:

    is known by or is in the other party's possession or control other than through a breach of this document and is not subject to any obligation of confidence; or

    is in the public domain other than by a breach of this document or any obligations of confidence.

    Corporations Act means the Corporations Act 2001 (Cth).

    Fees & Charges means the fees and charges as set out in the Particulars.

    General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.

    GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

    Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property;

    Particulars means this Agreement’s details and variables set out in the section of this Agreement entitled “Important Terms”.

    Privacy Act means the Privacy Act 1989 (Cth).

    Privacy Policy means the Privacy Policy found at the address in item B of the Particulars.

    Services means Rainnbow Services that are accessible via the Service.

    Special Conditions means any special conditions to this Agreement made pursuant to these Terms & Conditions.

    Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

    User means any person that uses the Services.

    Headings are only for convenience and do not affect interpretation.  The following rules apply unless the context requires otherwise:

    1. The singular includes the plural and the opposite also applies.

    2. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

    3. A reference to a clause refers to clauses in this Agreement.

    4. A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

    5. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

    6. A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

    7. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

    8. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

    9. A reference to dollars or $ is to an amount in Australian currency.

  3. APPLICATION

    The User agrees to abide by the terms of this Agreement in its:

    Use of the Service; and

    Access to the Services

    Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using the Services.

    This Agreement may be updated by Rainnbow at its absolute discretion from time-to-time, and unless stated otherwise by Rainnbow in writing, such updates shall come into effect for use of the Services at the beginning of the next calendar month.

  4. LICENCE

    By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use the Services for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.

    Rainnbow may issue the licence to the User on the further terms or limitations as it sees fit.

    Rainnbow may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.  Rainnbow will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.

  5. USE

    The User agrees that it shall only use the Services for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Rainnbow in its discretion.

  6. AUTHORISED USERS

    The User shall authorise users to access the Services in its absolute discretion. Rainnbow accepts no liability for access to User Content by users authorised by the User or using login details of users authorised by the User.

    The User is solely responsible for the security of its username (or I.D. number) and password for access to the Services.

    The User shall notify Rainnbow as soon as it becomes aware of any unauthorised access of its the Services account.

  7. PRIVACY

    Rainnbow maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other customers.  Rainnbow agrees to abide by the Privacy Act regardless of whether Rainnbow is legally bound by that act.

  8. ACCESS

    By accepting the terms of this Agreement the User agrees that Rainnbow shall provide access to the Services to the best of its abilities, however it accepts no responsibility for ongoing access to the Services.

  9. DATA

    Security.  Rainnbow takes the security of the Services and the privacy of its users very seriously.  The User agrees that the User shall not do anything to prejudice the security or privacy of Rainnbow’s systems or the information on them.

    Transmission.  Rainnbow shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.

  10. INTELLECTUAL PROPERTY

    Trademarks.  Rainnbow has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Rainnbow.

    Proprietary Information.  The Services (and in particular the Service) may use and incorporate software and other proprietary systems and Intellectual Property for which Rainnbow has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally.  The User warrants that it shall not infringe on any third-party rights through the use of the Services.

    Services.  The User agrees and accepts that the Services are the Intellectual Property of Rainnbow and the User further warrants that by using the Services the User will not:

    copy the Services or the services that it provides for the User’s own commercial purposes; and

    directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Services or any documentation associated with it.

    Content.  All content associated with Services remains the Intellectual Property of Rainnbow, including (without limitation) any source code, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the Services.

  11. LIABILITY & INDEMNITY

    The User agrees that it uses the Service at its own risk.

    The User acknowledges that Rainnbow is not responsible for the conduct or activities of any user, and that Rainnbow is not liable for such under any circumstances.

    The User agrees to indemnify Rainnbow for any loss, damage, cost or expense that Rainnbow may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Services, including any breach by the User of these Terms.

    In no circumstances will Rainnbow be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Services or any content, or in any way relating to an experience itself, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Rainnbow knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

    Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified.  Apart from those that cannot be excluded, Rainnbow and Rainnbow’s related entities exclude all conditions and warranties that may be implied by law.  To the extent permitted by law, Rainnbow’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at Rainnbow’s option to:

    the re-supply of services or payment of the cost of re-supply of services; or

     

  12. The replacement or repair of goods or payment of the cost of replacement or repair.

     

    DISPUTES

    Where Rainnbow does not have a relevant dispute resolution policy for a type of dispute, the following process shall apply:

    Negotiation.  If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;

    Mediation.  If the dispute between the parties relating to or arising out of this Agreement is not resolved within five Business Days of notification of the dispute under Clause (a), the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;

    Arbitration.  If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation under Clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia.  The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing Agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and

    Court proceedings.  A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in this clause 14.1 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages are inadequate to compensate.

  13. ELECTRONIC COMMUNICATION, amendment and assignment

    The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

    Each party to this Agreement agrees to the clauses in the Particulars and the Special Conditions.  The Particulars, Special Conditions and the General Conditions form a single legal agreement.  To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail.   To the extent that the Special Conditions are inconsistent with the Particulars, the Special Conditions will prevail.

    The User can direct notices, enquiries, complaints and so forth to Rainnbow as set out in this Agreement.  Rainnbow will notify the User of a change of details from time-to-time.

    Rainnbow will send the User notices and other correspondence to the details that the User submits to Rainnbow, or that the User notifies Rainnbow of from time-to-time. It is the User’s responsibility to update its contact details as they change.

    A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

    Notices must be sent to the parties’ contact details as specified in item A of the Particulars.

    Rainnbow may assign its interest in this Agreement to a third party by providing you with written notice of such assignment.

  14. General

    Disclaimer.  Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

    Relationship.  The relationship of the parties to this Agreement does not form a joint venture or partnership.

    Waiver.  No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

    Further Assurances.  Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

    Governing Law.  This Agreement is governed by the laws of the state set out in item J of the Particulars.  Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

    Severability.  Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.


    END GENERAL CONDITIONS