TERMS OF USE

Welcome to raindg.com (the "Site"), the website of Rain Digital Games ("Rain Digital Games", "we", "us", "our"). These terms of use ("Site Terms") are a binding agreement between you and Rain Digital Games and apply to your access to and use of the Site, so please read them carefully. They do not alter in any way the terms or conditions of any other written or online agreement you may have with us or any third party (including an End User License Agreement with respect to products purchased through the Site). We reserve the right to change or modify these Site Terms, and any of the policies or guidelines applicable to the Site, at any time and in our sole discretion. If the Site Terms are changed, we will post the new terms on the Site and change the revision date accordingly. Any changes or modification will be effective upon our posting of the revised Site Terms. Your use of the Site following the posting of such changes or modifications will constitute your acceptance of the Site Terms as revised. By accessing, browsing, and using this Site, you agree to be bound by the terms and conditions described herein and all of the policies and guidelines incorporated herein by reference.

If you have any question regarding your use of the Site, please e-mail us at support@raindg.com, or contact us at 160 Raritan Center Parkway, Edison, NJ 08837.

Index of Provisions

 

Rain Sales Portal
Rain Digital Games offers products for purchase through a dedicated online store linked from the Site (the "Rain Sales Portal"). The Rain Sales Portal is operated by our partner Digital River, Inc. Your purchase of products through or other use of the Rain Sales Portal are subject to and governed by the Digital River Terms of Sale, Digital River Privacy Policy, Digital River Supplemental Notice to California Residents, and any other policies adopted by Digital River with respect to the Rain Sales Portal from time to time (collectively, the "Digital River Terms of Use"). Digital River reserves the right to modify the Digital River Terms of Use in its discretion from time to time. To the extent there is any conflict between the Digital River Terms of Use and these Site Terms, solely in connection with your purchase of products through or other use of the Rain Sales Portal, the Digital River Terms of Use will control.

Incorporated Policies and Terms
We believe strongly in the protection of user privacy and in providing you with notice of our policies regarding collection and use of data, including personally identifying information, collected through the Site. Therefore, we have adopted a Privacy Policy that you should read to fully understand how we use and collect such information. The terms of the Privacy Policy are incorporated in these Site Terms. Notwithstanding the foregoing, the Digital River Terms of Use govern the collection of data, including personally identifying data, in connection with your use of the Rain Sales Portal.

License and Site Access
Rain Digital Games grants you a limited, revocable license to make only personal use of the Site. Such license does not authorize, without limitation, any of the following: (a) any resale or commercial use of the Site or any of its content; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site or its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Except as expressly provided in these Site Terms, you are not granted any right or license (by implication, estoppel, or otherwise) in or under any patent, trademark, copyright, or other proprietary right of Rain Digital Games or any third-party.

You may not use, frame, or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including the images, text, or layout/design of any page or form contained in the Site) of Rain Digital Games without Rain Digital Games’ express prior written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any name, trademark, or product name belonging to Rain Digital Games or our licensors’ with the express prior written consent of Rain Digital Games or the respective owner.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark (including trade dress and service mark) laws, and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation, Rain Digital Games’ name and logo, designs, text, graphics, pictures, software, sound files and other files, and the selection and arrangement thereof ("Materials") are the sole property of Rain Digital Games and/or our suppliers and licensors. All rights are reserved. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Rain Digital Games or the respective copyright owner. Permission is granted to display, copy, distribute, and download the Materials on this Site for your personal use, non-commercial use, and informational use only; provided that, you may not, without the prior written consent of Rain Digital Games or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Materials.

Trademarks and Service Marks
All registered trademarks, trademarks, and service marks featured on the Site are the sole property of Rain Digital Games and/or our suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written consent of Rain Digital Games or the respective mark owner. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Rain Digital Games, and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Rain Digital Games. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners.

Third-Party Content
This Site includes discussion forums and interactive areas. You may use such forums and interactive areas only for non-commercial purposes. By posting any message, data, information, text, or other material ("Content") in such forums or interactive areas, you represent and warrant that you have the lawful right to distribute and reproduce such Content. In using the forums or interactive areas of the Site, you agree not to do any of the following:

  • Upload to, distribute, or otherwise publish through this Site any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
  • Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
  • Without our prior written consent, distribute or publish unsolicited promotions, advertising, or solicitations for funds, goods, or services, including junk mail and spam.

 

Rain Digital Games accepts no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of the interactive services portion of this Site, Rain Digital Games is not liable for any statements, representations, or Content provided by its users in any public forum. Children under the age of 13 may not use the forums or interactive areas on this Site or submit any personal information to Rain Digital Games.

Rain Digital Games has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Rain Digital Games reserves the right and has absolute discretion, to remove, screen, or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect Rain Digital Games’ systems and customers, or to ensure the integrity and operation of Rain Digital Games’ business and systems, Rain Digital Games may access and disclose any information that we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Our right to disclose any such information shall control over any conflicting terms of our Privacy Policy.

You are solely liable for any Content, messages, or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold Rain Digital Games harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) made by any third-party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Linking
Links to the Site. You are granted a limited, non-exclusive license to create a hyperlink to this Site, provided that such link does not portray Rain Digital Games or any of the products and services presented on the Site in a false, misleading, derogatory, or defamatory manner. You may not "deep link" or directly link to any pages of this Site other than the introductory page. You may not use any logo or other proprietary graphic or trademark of Rain Digital Games to link to the introductory page of this Site without the express prior written consent of Rain Digital Games. This limited license may be revoked at any time.

Third-Party Links. Rain Digital Games makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from this Site, or third-party websites linking to this Site. Such third-party websites are not under the control of Rain Digital Games and Rain Digital Games is not responsible for the content thereof or any link contained therein, or any review, changes, or updates to such third-party websites. Rain Digital Games is providing these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement, or adoption by Rain Digital Games of the third-party website or any information contained therein. When leaving the Site, you should be aware that our Site Terms and policies no longer govern; therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of such third-party website.

Postings
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information provided by you in the form of e-mail or submissions to Rain Digital Games, or postings on this Site, are non-confidential (subject to the terms of our Privacy Policy). All materials sent to Rain Digital Games via email or posted to this Site shall become the sole property of Rain Digital Games. You agree that Rain Digital Games shall be entitled to the unrestricted use of such material for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. The posting of materials to any forum or interactive area of the Site constitutes your permission for such material to be publicly disseminated and your waiver of any and all "moral rights" in such materials, including the rights of paternity and integrity.

Infringement
If you are a copyright owner or an agent of a copyright owner and believe that any user-supplied Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Rain Digital Games’ Copyright Agent with the following information in writing (see 17 U.S.C.§ 512(c)(3) for further detail): 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

For this notification to be effective, you must provide it to our designated agent at:
Rain Digital Games Copyright Agent
c/o Rain Digital Games
160 Raritan Center Parkway,
Edison, NJ 08837

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

For clarity, only DMCA notices should go to the above address. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service through [E-MAIL OR HYPERLINK FOR CUSTOMER SERVICE]

Export Restrictions
Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant that you will not export or re-export the Software to any county, or to any person, entity, or end-user, that is subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Disclaimers
THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED FROM, OR ACCESSED THROUGH THIS SITE, IS AT YOUR SOLE RISK.

RAIN DIGITAL GAMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS ON THE SITE. RAIN DIGITAL GAMES DOES NOT REPRESENT OR WARRANT THAT MATERIALS INCLUDED IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RAIN DIGITAL GAMES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE RAIN DIGITAL GAMES ATTEMPTS TO ENSURE THAT YOUR ACCESS AND USE OF THE SITE IS SAFE, RAIN DIGITAL GAMES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Rain Digital Games reserves the right to change any and all content contained on this Site at any time without notice.

Limitation of Liability
IN NO EVENT SHALL RAIN DIGITAL GAMES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms or your use of the Site shall be filed only in state or federal court located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms or your use of the Site.

Notice to California Residents
California residents have rights to the following information pursuant to California Civil Code Section 1789.3. Rain Digital Games is located at 160 Raritan Center Parkway, Edison, NJ 08837. Currently there are no charges to consumers to use Site, other than the cost of any products or services purchased through the Rain Sales Portal and any applicable taxes, shipping fees, and other charges associated with such purchases (all of which vary depending on what is purchased). Rain Digital Games reserves the right to change its pricing. Please feel free to contact Rain Digital Games to resolve a complaint regarding any aspect of our service by writing to the address noted above or by calling us at (732) 225-8910.. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-916-445-1254 or 1-800-952-5210.

Termination
Notwithstanding anything herein, Rain Digital Games reserves the right, without notice and in its sole discretion, to terminate your license to use the Site (including the Rain Sales Portal), and to block or prevent your future access to and use of the Site (including the Rain Sales Portal).

Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remainder of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.