Terms of Use

EFFECTIVE OCT 1, 2020

By accessing or using the Ark of Rainbow (AOR) website, you agree to the following terms of use (the “Terms”) as well as the AOR Privacy Policy posted on the website. AOR reserves the right to update the Terms by posting updates and changes to the AOR website at any time without notice. You are advised to check the Terms from time to time for any updates or changes that may impact you.

You must be 18 years of age or older to use the AOR website. Do not access or use the AOR website if you are not 18 or older and/or if you do not consent to these Terms.

  1. We reserve the right to modify, suspend or terminate the AOR website for any reason, without notice and at any time.
  2. Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis without any warranty or condition, expressed, implied or statutory.
  3. AOR EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET SPECIFIC REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE
    ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE.
  4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF AOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  1. You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees, harmless, including reasonable attorneys’ fees, from any claim or demand, ’made by any third party due to or arising out of your (a) use of the website or AOR sponsorship, (b) your breach of these Terms,  (c) your violation of any law or the rights of a third party, or (d) any content you post to the website.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AOR. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  2. We do not claim any intellectual property rights over any content you post to the website. All content you upload remains yours, however, you hereby provide us with a limited, license to use and reproduce such content.
  3. The website may contain links to third-party websites and services, and/or display advertisements for third parties. Such Third-Party Links & Ads are not under the control of AOR, and AOR is not responsible for any Third-Party Links & Ads.
  4. The failure of AOR to exercise any right in these Terms shall not constitute a waiver of such right. The Terms constitute the entire agreement between you and AOR and governs your use of the website, superseding any prior agreements between you and AOR (including, but not limited to, any prior versions of the Terms). The website is operated out of Dallas, Texas USA and any claims or disputes related to the website are subject to Texas law. By accessing and/or using the website you consent to exclusive jurisdiction and venue for any such disputes in the state and/or federal courts of Dallas, Texas.

CONTACT

For any questions or complaints about AOR and/or the website, including
these Terms of Use, please contact us at [email protected].