Rainmaker Terms of Use
Table of Contents
Terms of Use
Last updated: 10/27/2010Welcome to Rainmaker, a website and online service owned and operated by CloudCenter, LLC ("Rainmaker" "we," or "us").
This page explains the terms by which you may use our service. By accessing or using the Rainmaker services, website, applications and software provided through or in connection with the service ("Service"), you signify that you have read, understood, and agree to be bound by the terms of this Agreement ("Terms" or "Agreement"), whether or not you are a registered user of our Service. For the purposes of this Agreement, "Rainmaker" means CloudCenter, LLC and its subsidiaries or affiliates involved in providing the Service.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Service Policies and Privacy
All users of the Service shall be subject to the privacy policy available at http://rainmaker.cc/terms#privacy (or such URL as Rainmaker may provide). You agree to the use of your data in accordance with Rainmaker's privacy policies.
You agree to comply with the Rainmaker Program Policies available at http://rainmaker.cc/terms#program (or such URL as Rainmaker may provide) (the "Program Policies") which is incorporated herein by this reference and which may be updated from time to time.
The Service will seek permission from the user to gain authorized access to data and account information associated with the user's Google (Gmail), Google Apps accounts or other web services. If the user has provided authorized permission to the service to access data and account information stored in the user's Google (Gmail), Google Apps accounts or other web services, the Service has full rights and permission to access the authorized data. We strongly recommend that you use our built-in feature to back-up your Google Contacts before you begin to use Rainmaker (in case an unforeseen instance of data loss occurs - backing up your contacts is good practice anyway).
You have full rights at any time to remove the authorization provided to the Service and deny the Service rights to your data. The Service will, to its best ability, but is not obligated to, remove any data stored in the Service that was previously authorized by the user of the Service.
Content in the Service and Take Down Obligations
You acknowledge that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated ("The Content"). Rainmaker does not create content, but rather gathers content from you, the user and from elsewhere on the World Wide Web.
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content that violates the Rainmaker Program Policies, including instances where Rainmaker requests the removal of content. In the event that you elect not to comply with a request from Rainmaker to take down certain Content, we reserve the right to directly take down such Content or deny you access to the Service.
You agree that if you delete your Rainmaker account or revokes Rainmaker access to LinkedIn, thereby invalidating your active LinkedIn session, you will delete or remove from your source systems any and all information that originated from LinkedIn, in accordance with LinkedIn API terms of service.
In the event we become aware of any violation of the Service Policies, We reserve the right to terminate end user Rainmaker accounts in response to a violation or suspected violation of these Terms.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions, including any loss or damage which Rainmaker may incur as a result.
You agree that Rainmaker has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service.
Proprietary Rights
Rainmaker (or Rainmaker's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Rainmaker, nothing in these Terms gives you a right to use any of Rainmaker's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Except as provided in the "License from You" section below, Rainmaker obtains no right, title or interest from you under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content. Unless you have agreed otherwise in writing with Rainmaker, you agree that you are responsible for protecting and enforcing those rights and that Rainmaker has no obligation to do so on your behalf.
Service Levels
Rainmaker reserves the right, at its sole discretion, to define the level or quality of the Service. While Rainmaker endeavors to provide users with a high quality experience, it explicitly disclaims any potential liability relating to Service uptime, speed, reliability and the like.
License from You
Rainmaker claims no ownership over any content you contribute which is stored in your domain or network on the Service. You retain copyright and any other rights you already hold in your contributed content in your domain or network on the Service, and you are responsible for protecting those rights, as appropriate. For content that is covered by intellectual property rights, like photos or other contact information ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-liscensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Rainmaker ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
You agree that Rainmaker, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing the service.
Software Updates
Rainmaker is a web based Software as a Service (SaaS) application and will continuously be refined and enhanced (including bug fixes, enhanced functions, new software modules, new software versions, etc.). You agree to receive such updates as part of your use of the Service. While you will not need to download software updates to take advantage of refinements and enhancements, you should review these Terms regularly as the most recently updated version will continue to apply as Rainmaker continues to develop the Service.
Modification and Termination of the Service
Rainmaker is constantly innovating in order to provide the best possible experience for you and other users--the best part: these innovations will be seamlessly implemented on the back end (i.e. no pesky software updates for you to worry about). You acknowledge and agree that the form and nature of the Service which Rainmaker provides may change from time to time without prior notice to you, subject to the terms in Section "Fees for service." Changes to the form and nature of the Service will be effective with respect to all versions of the Service; examples of changes to the form and nature of the Service include, without limitation, changes to fee and payment policies, security patches, added functionality, and other enhancements.
At any time prior to discontinuing the current version of the Service or upgrading to a new version of the Service, Rainmaker may label certain features or functionality of the Service as "experimental." This section of the Terms will not apply to any features or functionality labeled as "experimental."
You may discontinue your use of the Service at any time. We reserve the right to refuse service to anyone for any reason not prohibited by law. Also, we reserve the right to terminate service to any customer for any reason not prohibited by law.
If we suspend or terminate your use of the Service, or you voluntarily discontinue your use of the Service, you will have access to, and the ability to export, your Content for a period of 30 days following such suspension or termination.
Upon any termination of the Service pursuant to these Terms, these Terms will also terminate, but Sections "Proprietary rights," "Exclusion of Warranties," "Limitation of liability," "Indemnification," and "General Legal Terms" shall continue to be effective after these Terms are terminated.
Fees for Use of the Service
Rainmaker offers a variety of packages and pricing levels, which may change from time to time at Rainmaker's sole discretion; any changes will be clearly indicated in the "Plans & Pricing" section of our site.
To use Rainmaker you will need to choose a pricing plan through our site; each plan will allocate a certain number of 'raindrops' to your account (which may include just you individually, or other people depending on the plan you choose). Raindrops are the currency you will use in Rainmaker to enrich a contact record ("make it rain!"). If and when you run out of raindrops under your current pricing plan, and would like additional raindrops, you may choose to upgrade your pricing plan or purchase individual raindrops. As part of the Drizzle (pay-as-you-go) plan, users are awarded 25 free raindrops to get started, and must purchase additional raindrops to continue to use the service thereafter. To guard your personal privacy, all payment info is encrypted for transmission with Secure Socket Layer (SSL) technology.
Exclusion of Warranties
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT RAINMAKER'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." RAINMAKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RAINMAKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.
Limitation of Liability
SUBJECT TO SECTION "EXCLUSION OF WARRANTIES" ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAINMAKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON RAINMAKER'S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT RAINMAKER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Indemnification
You agree to hold harmless and indemnify Rainmaker, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Rainmaker and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Rainmaker will provide you with written notice of such claim, suit or action, if one arises.
Policies Regarding Copyright and Trademarks
You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is Rainmaker's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down your Content, if necessary, the Application itself upon receipt of a valid DMCA notice.
Other Content
The Services may include hyperlinks to other web sites or content or resources or email content. Rainmaker may have no control over any web sites or resources which are provided by companies or persons other than Rainmaker.
You acknowledge and agree that Rainmaker is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Rainmaker is not liable for any loss or damage which may be incurred by you or your users, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Changes to the Terms
Rainmaker may make changes to the Terms from time to time. When these changes are made, Rainmaker will make a new copy of the Terms available at http://rainmaker.cc/terms. You understand and agree that if you use the Service after the date on which the Terms have changed, Rainmaker will treat your use as acceptance of the updated Terms.
General Legal Terms
The Terms constitute the whole legal agreement between you and Rainmaker and govern your use of the Service (but excluding any services which Rainmaker may provide to you under a separate written agreement), and completely replace any prior agreements between you and Rainmaker in relation to the Service.
There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
You agree that Rainmaker may provide you with marketing communication and notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. You agree that if Rainmaker does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Rainmaker has the benefit of under any applicable law), this will not be taken to be a formal waiver of Rainmaker's rights and that those rights or remedies will still be available to Rainmaker.
Rainmaker shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The Terms, and your relationship with Rainmaker under the Terms, shall be governed by Colorado law without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the Denver District Court to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Rainmaker shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Questions?
If you have questions about Rainmaker's Terms of Use, please email us at info@rainmaker.cc.
Privacy Policy
We know that you care how information about you is used and shared, and we appreciate your trust that we will do so sensibly and transparently. This notice describes our Privacy Policy. By visiting our site, you are accepting the practices described in this Privacy Policy. We recommend that you review this Privacy Policy regularly, as it may change from time to time.
Collection of Personal Information
We will ask you when we need information that identifies you individually or allows us to contact you directly ("Personal Information"). Information stored in your address book and information that is brought to you using this site does not constitute Personal Information under the terms of this agreement.
We may ask for Personal Information when you purchase a product, request a service, complete a survey, subscribe to news, or engage in other various activities on our site. In connection with these activities, we may ask you for contact information such as your name, telephone number, and email address.
When you visit our website, we collect standard information about your hardware and software such as your IP addresses, browser type, operating system, pages visited on our site, referring and exit pages, and the dates and times of the visits.
This site visitation data is used to administer the site and provide general statistics regarding the use of Rainmaker. Site visitation data is never linked to your Personal Information, and we do not use it to identify you individually without your permission.
Use of Personal Information
We will keep and treat as confidential any and all Personal Information collected from you and we will not sell, rent, trade, or otherwise share your Personal Information with third parties for their promotional use without your permission.
We will only share your Personal Information with other companies/individuals in the following limited circumstances:
- You consent (opt-in) to the sharing.
- We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing Personal Information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Google, its users or the public as required or permitted by law.
Types of information we may collect:
- Information you provide
- Third party authentication services
- Cookies: When you visit our site, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only Personal Information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. We sometimes use cookies to track user traffic patterns in order to gauge usefulness of our site information to our users and to determine the effectiveness of our navigational structure in helping users reach that information. We do not correlate this information with data about individual users, nor do we share this information or sell it to any third party. If you prefer not to receive cookies on our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.
- GIF Technology
- Log information
- User communications
- Location data
- Links
If you do not opt-out of communications from Rainmaker, we may send you marketing notices including promotions of our products and services.
Security of the Information We Collect
Protecting the security of your Personal Information is a high priority for us, and we employ a range of technologies and procedures to protect your Personal Information. For example, sensitive information transmitted to us (e.g. credit card numbers) is encrypted for transmission using the Secure Socket Layer (SSL) protocol, which is designed to make the information unreadable by anyone but us.
Protection of Children’s Privacy
We do not knowingly collect any Personal Information from children. We do not sell products for purchase by children. If you are under 18, you may use Rainmaker only with the involvement of a parent or guardian.
Links to Other Websites
Our website may contain links to other websites. If you use these links, you will leave our website. When you access a non-Rainmaker website, even one that may contain the Rainmaker Logo, please be aware that we do not control content and we are not responsible for the privacy practices of that site and we encourage you to review the privacy policies of each site you use. This Privacy Policy does not cover the information practices of those websites linked to our website.
Changes to this Statement
We may from time to time update this Privacy Policy. When we make these updates, we will change the "last updated" date listed at the top of the Policy. If we make a material change to this Policy that affects our use of your personal information, we will update users by placing a more prominent notice on our home page or emailing users who have registered with our site.
Questions?
If you have questions about Rainmaker's Privacy Policy, please email us at info@rainmaker.cc.
Rainmaker Program Policies
To uphold the quality and reputation of our products and services, your use of Rainmaker (the "Service") is subject to these Rainmaker Program Policies ("Policies"). If you are found to be in violation of our Policies at any time, as determined by Rainmaker in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our Policies at any time, and pursuant to the Rainmaker Terms of Service (the "Terms"), it is your responsibility to keep up-to- date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
Prohibited Content
The Content displayed and/or processed through your Rainmaker network utilizing the Service shall not contain any of the following types of content:
- Content that infringes a third party's rights (e.g., copyright) according to applicable law;
- Pornographic, obscene or excessively profane content;
- Hate-related or violent content;
- Content advocating racial or ethnic intolerance;
- Content intended to advocate or advance computer hacking or cracking;
- Gambling;
- Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
- Drug paraphernalia;
- Phishing;
- Malicious content;
- Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
Prohibited Actions
In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your end users, to:
- Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:
- sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
- imitating or impersonating another person or another email address, or creating false accounts for the purpose of sending spam;
- data mining any web property (including Rainmaker) to find email addresses or other user account information;
- sending unauthorized mail via open, third-party servers;
- sending emails to users who have requested to be removed from a mailing list;
- selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and
- sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; Conduct or forward pyramid schemes and the like;
- Transmit content that may be harmful to minors;
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
- Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
- Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
- Promote or encourage illegal activity;
- Interfere with other users' enjoyment of the Service;
- Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;
- Modify, adapt, translate, or reverse engineer any portion of the Service;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
- Reformat or frame any portion of the web pages that are part of the Service's Administration Console;
- Use the Service in connection with illegal peer-to-peer file sharing;
- Display any content on the Service (including but not limited to the customizable login page) that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; or
- Modify the Rainmaker logo or any other Rainmaker Features.
- Use the Service, or any interfaces provided with the Service, to access any Rainmaker product or service in a manner that violates the terms of service or other terms and conditions for use of such Rainmaker product or service.
Questions?
If you have questions about Rainmaker Program Policies, please email us at info@rainmaker.cc.
Refund Policy
Purchases of raindrops and Rainmaker plans are non-refundable.
If you cancel your plan, you will not be charged for additional billing periods.
If you cancel your plan, you will not be charged at the beginning of the subsequent billing cycle. However, you remain responsible for charges already incurred for the current billing period. For example, if your billing cycle begins on the 18th day of every month, and you cancel on the 24th, you will still have to pay for the current month, but you will not be charged on the 18th day of the following month.
To delete your account:
You can delete your account at any time by logging into your account and selecting the "Settings" link on the upper right-hand side of the page. Once you are on the Settings page, click the "Delete My Account" link on the bottom left side of the screen and follow the instructions.
Communication Policy
Important Announcements
As long as you use the Service, we will send you important and time-sensitive emails regarding system outages, system upgrades, changes in pricing and other important announcements. To stop receiving these e-mails, you must delete your account by clicking "Settings" and then "Delete My Account."
Marketing Announcements
We will send you product updates, announcements and other e-mails if and only if you have opted-in. You can unsubscribe to these at any time via a link at the bottom of these types of emails or by logging into your account, clicking "Settings" and changing your "Communication" preferences.
CloudCenter LLC
1400 16th Street, Suite 400
Denver, Colorado 80202
www.cloudcenterllc.com
info@cloudcenterllc.com
