Terms of Use

Agreement betweenUser and Promotion: the Game

Welcome to Promotion: the Game. The Promotion: the Game website(the "Site") is comprised of various web pages operated by Rainy DayVentures Inc. ("Promotion: the Game"). The Promotion: the Game website is offered to youconditioned on your acceptance without modification of the terms, conditions,and notices contained herein (the "Terms"). Your use ofthe Promotion: the Game constitutes your agreement to all such Terms. Please readthese terms carefully, and keep a copy of them foryour reference.

Privacy

Your use of the Promotion: the Game is subject to Promotion: the Game's Privacy Policy. Please review our Privacy Policy,which also governs the Site and informs users of our data collection practices.

ElectronicCommunications

Using the Promotion: the Game or sending emails to Promotion: the Gameconstitutes electronic communications. You consent to receive electroniccommunications and you agree that all agreements, notices, disclosuresand other communications that we provide to you electronically, via email andon the Site, satisfy any legal requirement that such communications be inwriting.

Your Account

If you use this site, you are responsible for maintainingthe confidentiality of your account and password and for restricting access toyour computer, and you agree to accept responsibility for all activities thatoccur under your account or password. You may not assign or otherwise transferyour account to any other person or entity. You acknowledge that Promotion: the Game is notresponsible for third party access to your account that results from theft ormisropriation of your account. Promotion: the Game and its associates reserve the rightto refuse or cancel service, terminate accounts, or remove or edit content inour sole discretion.

Children UnderThirteen

Promotion: the Game does not knowingly collect, either online or offline,personal information from persons under the age of thirteen. If you are under18, you may use the Promotion: the Game only with permission of a parent or guardian.

Cancellation/RefundPolicy

You may cancel your subscription at any time to avoid futurecharges. No refunds for subscriptions already paid for.

Links to Third PartySites/Third Party Services

the Promotion: the Game may contain links to other websites("Linked Sites"). The Linked Sites are not under the control ofPromotion: the Game and Promotion: the Game is not responsible for the contents of any Linked Site,including without limitation any link contained in a Linked Site, or anychanges or updates to a Linked Site. Promotion: the Game is providing these links to youonly as a convenience, and the inclusion of any link does not imply endorsementby Promotion: the Game of the site or any association with its operators.

Certain services made available via the Promotion: the Game aredelivered by third party sites and organizations. By using any product, serviceor functionality originating from the the Promotion: the Game domain, you herebyacknowledge and consent that Promotion: the Game may share such information and data withany third party with whom Promotion: the Game has a contractual relationship to provide therequested product, service or functionality on behalfof the Promotion: the Game users and customers.

No Unlawful orProhibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocablelicense to access and use the Promotion: the Game strictly in accordance with theseterms of use. As a condition of your use of the Site, you warrant to Promotion: the Gamethat you will not use the Site for any purpose that is unlawful or prohibitedby these Terms. You may not use the Site in any manner which could damage,disable, overburden, or impair the Site or interfere with any other party's useand enjoyment of the Site. You may not obtain or attempt to obtain anymaterials or information through any means not intentionally made available orprovided for through the Site.

All content included as part of the Service, such as text,graphics, logos, images, as well as the compilation thereof, and any softwareused on the Site, is the property of Promotion: the Game or its suppliers and protected bycopyright and other laws that protect intellectual property and proprietaryrights. You agree to observe and abide by all copyright and other proprietarynotices, legends or other restrictions contained in any such content and willnot make any changes thereto.

You will not modify, publish, transmit, reverse engineer,participate in the transfer or sale, create derivative works, or in any wayexploit any of the content, in whole or in part, found on the Site. Promotion: the Gamecontent is not for resale. Your use of the Site does not entitle you to makeany unauthorized use of any protected content, and inparticular you will not delete or alter any proprietary rights orattribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of thecontent without the express written permission of Promotion: the Game and the copyrightowner. You agree that you do not acquire any ownership rights in any protectedcontent. We do not grant you any licenses, express or implied, to the intellectualproperty of Promotion: the Game or our licensors except as expressly authorized by theseTerms.

Use of CommunicationServices

The Site may contain bulletin board services, chat areas,news groups, forums, communities, personal web pages, calendars, and/or othermessage or communication facilities designed to enable you to communicate withthe public at large or with a group (collectively, "CommunicationServices"). You agree to use the Communication Services only to post, sendand receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree thatwhen using a Communication Service, you will not: defame, abuse, harass, stalk,threaten or otherwise violate the legal rights (such as rights of privacy andpublicity) of others; publish, post, upload, distribute or disseminate anyinropriate, profane, defamatory, infringing, obscene, indecent or unlawfultopic, name, material or information; upload files that contain software orother material protected by intellectual property laws (or by rights of privacyof publicity) unless you own or control the rights thereto or have received allnecessary consents; upload files that contain viruses, corrupted files, or anyother similar software or programs that may damage the operation of another'scomputer; advertise or offer to sell or buy any goods or services for anybusiness purpose, unless such Communication Service specifically allows suchmessages; conduct or forward surveys, contests, pyramid schemes or chainletters; download any file posted by another user of a Communication Servicethat you know, or reasonably should know, cannot be legally distributed in suchmanner; falsify or delete any author attributions, legal or other propernotices or proprietary designations or labels of the origin or source ofsoftware or other material contained in a file that is uploaded; restrict orinhibit any other user from using and enjoying the Communication Services;violate any code of conduct or other guidelines which may be licable for anyparticular Communication Service; harvest or otherwise collect informationabout others, including e-mail addresses, without their consent; violate anylicable laws or regulations.

Promotion: the Game has no obligation to monitor the CommunicationServices. However, Promotion: the Game reserves the right to review materials posted to aCommunication Service and to remove any materials in its sole discretion.Promotion: the Game reserves the right to terminate your access to any or allof the Communication Services at any time without notice for any reasonwhatsoever.

Promotion: the Game reserves the right at all timesto disclose any information as necessary to satisfy any licable law,regulation, legal process or governmental request, or to edit, refuse to postor to remove any information or materials, in whole or in part, in Promotion: the Game's sole discretion.

Always use caution when giving out any personallyidentifying information about yourself or your children in any CommunicationService. Promotion: the Game does not control or endorse the content, messages orinformation found in any Communication Service and, therefore, Promotion: the Gamespecifically disclaims any liability with regard tothe Communication Services and any actions resulting from your participation inany Communication Service. Managers and hosts are not authorized Promotion: the Gamespokespersons, and their views do not necessarily reflect those of Promotion: the Game.

Materials uploaded to a Communication Service may be subjectto posted limitations on usage, reproduction and/or dissemination. You areresponsible for adhering to such limitations if you upload the materials.

Materials Provided tothe Promotion: the Game or Posted on Any Promotion: the Game Web Page

Promotion: the Game does not claim ownership of the materials you provideto the Promotion: the Game (including feedback and suggestions) or post, upload,input or submit to any Promotion: the Game Site or our associated services (collectively"Submissions"). However, by posting, uploading, inputting, providingor submitting your Submission you are granting Promotion: the Game, our affiliated companiesand necessary sublicensees permission to use your Submission in connection withthe operation of their Internet businesses including, without limitation, therights to: copy, distribute, transmit, publicly display, publicly perform,reproduce, edit, translate and reformat your Submission; and to publish yourname in connection with your Submission.

No compensation will be paid with respect to the use of yourSubmission, as provided herein. Promotion: the Game is under no obligation to post or useany Submission you may provide and may remove any Submission at any time in Promotion: the Game's sole discretion.

By posting, uploading, inputting, providingor submitting your Submission you warrant and represent that you own orotherwise control all of the rights to your Submission as described in thissection including, without limitation, all the rights necessary for you toprovide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your Promotion: the Game account to thirdparty accounts. By connecting your Promotion: the Game account to your thirdparty account, you acknowledge and agree that you are consenting to thecontinuous release of information about you to others (in accordance with yourprivacy settings on those third-party sites). If you do not want informationabout you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operatedand administered by Promotion: the Game from our offices within the USA. If you access theService from a location outside the USA, you are responsible for compliancewith all local laws. You agree that you will not use the Promotion: the Game Contentaccessed through the Promotion: the Game in any country or in any manner prohibitedby any licable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Promotion: the Game, itsofficers, directors, employees, agents and third parties, for any losses,costs, liabilities and expenses (including reasonable attorney's fees) relatingto or arising out of your use of or inability to use the Site or services, anyuser postings made by you, your violation of any terms of this Agreement oryour violation of any rights of a third party, or your violation of anylicable laws, rules or regulations. Promotion: the Game reserves the right, at its owncost, to assume the exclusive defense and control of any matter otherwisesubject to indemnification by you, in which event you will fully cooperate withPromotion: the Game in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any disputebetween them arising out of or concerning these Terms and Conditions, or anyprovisions hereof, whether in contract, tort, or otherwise at law or in equityfor damages or any other relief, then such dispute shall be resolved only byfinal and binding arbitration pursuant to the Federal Arbitration Act,conducted by a single neutral arbitrator and administered by the AmericanArbitration Association, or a similar arbitration service selected by theparties, in a location mutually agreed upon by the parties. The arbitrator'saward shall be final, and judgment may be entered upon it in any court havingjurisdiction. In the event that any legal or equitableaction, proceeding or arbitration arises out of or concerns these Terms andConditions, the prevailing party shall be entitled to recover its costs andreasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or anydisputes arising as a result of these Terms and Conditions, whether directly orindirectly, including Tort claims that are a result of these Terms andConditions. The parties agree that the Federal Arbitration Act governs theinterpretation and enforcement of this provision. The entire dispute, includingthe scope and enforceability of this arbitration provision shall be determinedby the Arbitrator. This arbitration provision shall survive the termination ofthese Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will takeplace on an individual basis; class arbitrations andclass/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATEATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Promotion: the Gameagree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of arepresentative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDEDIN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICALERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RAINY DAYVENTURES INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THESITE AT ANY TIME.

RAINY DAY VENTURES INC. AND/OR ITS SUPPLIERS MAKE NOREPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTEDBY LICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONOF ANY KIND. RAINY DAY VENTURES INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALLWARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONSOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LICABLE LAW, IN NOEVENT SHALL RAINY DAY VENTURES INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANYDAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATAOR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCEOF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OROTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RAINY DAY VENTURES INC. ORANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSESOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITYFOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT LY TOYOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESETERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/AccessRestriction

Promotion: the Game reserves the right, in its sole discretion, toterminate your access to the Site and the related services or any portionthereof at any time, without notice. To the maximum extent permitted by law,this agreement is governed by the laws of the State of Washingtonand you hereby consent to the exclusive jurisdiction and venue of courts inWashington in all disputes arising out of or relating to the use of the Site.Use of the Site is unauthorized in any jurisdiction that does not give effectto all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, oragency relationship exists between you and Promotion: the Game as a resultof this agreement or use of the Site. Promotion: the Game'sperformance of this agreement is subject to existing laws and legal process,and nothing contained in this agreement is in derogation of Promotion: the Game'sright to comply with governmental, court and law enforcement requests orrequirements relating to your use of the Site or information provided to orgathered by Promotion: the Game with respect to such use. If any part of this agreement isdetermined to be invalid or unenforceable pursuant to licable law including,but not limited to, the warranty disclaimers and liability limitations setforth above, then the invalid or unenforceable provision will be deemedsuperseded by a valid, enforceable provision that most closely matches theintent of the original provision and the remainder of the agreement shallcontinue in effect.

Unless otherwise specified herein, this agreementconstitutes the entire agreement between the user and Promotion: the Game with respect tothe Site and it supersedes all prior or contemporaneous communications andproposals, whether electronic, oral or written,between the user and Promotion: the Game with respect to the Site. A printed version of thisagreement and of any notice given in electronic form shall be admissible injudicial or administrative proceedings based upon or relating to this agreementto the same extent and subject to the same conditions as other businessdocuments and records originally generated and maintained in printed form. Itis the express wish to the parties that this agreement and all relateddocuments be written in English.

Changes to Terms

Promotion: the Game reserves the right, in its sole discretion, to changethe Terms under which the Promotion: the Game is offered. The most current version ofthe Terms will supersede all previous versions. Promotion: the Game encourages you toperiodically review the Terms to stay informed of our updates.

Contact Us

Promotion: the Game welcomes your questions or comments regarding theTerms:

Rainy Day Ventures Inc.
300 Lenora Street # 1013
Seattle, Washington 98121

Email Address:
[email protected]

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Effective as of May 01, 2024