Rainbow Pulse.com is a Community Networking Site (the “Site”) available to Rainbow Pulse Members via the Internet.

This Service allows all Members to access all profiles of other Members who are registered with Rainbow Pulse.com. The Site is provided by Rainbow Pulse Ventures, LLC , 1800 Pembrook Drive, Suite 300, Orlando, Florida 32810 USA. The Site can be accessed by a Member in respect of specified monthly payments.

The Service that we provide is available only to registered Members. Please read the terms and conditions below carefully before you register as a Member, as they form part of a legally binding agreement between “you”, the member, and “us”, Rainbow Pulse. If you agree to be bound by the following terms and conditions, please click the box located at the bottom of the registration page, agreeing to the words, “I have read the terms and conditions of use of the services offered by Rainbow Pulse and I confirm that I accept them.” If you do not agree to these terms and conditions, you should not register as a Member.

This constitutes your agreement with Rainbow Pulse with regards to the use of the Site. By registering as a Member and in order to use the Site you agree to be bound by these terms and conditions.

1. Definitions

In these conditions the following words have the following meanings unless the context requires otherwise:

1. “Agreement” means the agreement between You and Rainbow Pulse.com incorporating these conditions for the provision of the Site;

2. “Intellectual Property Rights” means database rights, copyright, graphic design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights;

3. “Liability” means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

4. “Member” means any person whose membership has been activated by Rainbow Pulse.com and whose membership remains active within those parameters;

5. “Post” means display, exhibit, distribute, transmit and/or disclose information, details and/or any other material on the Site, and the phrases “Posted” and “Posting” shall be construed accordingly;

6. “Profile” means the section containing details, photographs and/or information about You, personally;

7. “Service” means the service provided by Rainbow Pulse.com to You including, but not limited to, Rainbow Pulse.com allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post information on the Website within our parameters;

8. “User” means any person who browses the Website;

9. “We, Us, Our” means Rainbow Pulse (at the address specified above);

10. “Website” means Our Website at URL www.rainbowpulse.com or such other URL that We may use to provide other Service from time to time, not limited to www.rainbowpulse.com .

11. “You, Your, Yourself” means the person whose membership of the Site is accepted by Rainbow Pulse.com.

2. Access and Registration

By accepting these conditions You warrant and represent to Rainbow Pulse.com that:

1. You are 18 years old at the time of registration;

2. You have not been convicted of any offense relating to violence and/or any offense under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or any other serious criminal offence.

3. You have not been subject to any injunction or any or order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).

4. If you are not able or not willing to give the warrantees and representations set out in clause2.1 above you must not apply for membership of Rainbow Pulse.com.

5. Under the Consumer Protection (Distance Selling) Regulation Act (2000), you are entitled to a 3-day Introductory that will begin on the date on which you enter the agreement to use the Service, (by Internet ), and ends at the end of your 3-day Introductory Period after entering into that Agreement. During this time you have the right to cancel your membership without penalty. However, the Introductory Period and the right to cancel do not apply if you begin to use the Service before the end of your Introductory Period. Therefore, if you use the Service immediately by accessing our Website, you will not be able to cancel the agreement.

3. Basis of Membership

1. This is a legally binding Agreement between You and Rainbow Pulse.com for the provision of our Website.

2. These conditions (as amended by Rainbow Pulse.com from time to time) shall govern the Agreement between You and Rainbow Pulse.com to the exclusion of any other terms or conditions and you agree to abide by these terms and conditions (as amended by Rainbow Pulse.com from time to time).

3. These conditions (as amended by Rainbow Pulse.com from time to time) supersede all other terms and conditions and shall replace any terms and conditions previously notified to you by Email.

4. We reserve the right to change these conditions at any time. If we change these conditions, the updated conditions will be posted on the Terms and Service page of the Website as soon as the changes are made.

5. Your continued use of the Site after posting of the varied conditions on the Website constitutes your acceptance of the varied conditions and your agreement to be bound by the agreement, as amended.

6. You acknowledge that you do not rely on any representation and/or warranty that has not been made in accordance with these conditions.

7. We reserve the right to monitor, and at our own discretion, remove for any reason any information, photographs and/or any other material posted by you.

8. We reserve the right to refuse membership and to terminate any memberships at any time.

9. We reserve the right to make changes to the Site as required from time to time by law or applicable safety requirements, provided that they do not have a material adverse effect on the quality of the Site.

10. The Website is for personal use and may not be used in connection with any commercial activity. Companies and/or businesses or any other commercial organizations may not become Members and should not use the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting user names and/or Email addresses of Members by electronic or other means for the purposes of sending unsolicited Email and unauthorized framing or linking to the Website will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive recourse.

11. We have no control over the quality, compatibility or safety of Members or over the truthfulness, accuracy or completeness of any Posting on the Website. As we do not review the Postings on the Website, you enter this Agreement in the knowledge that other Members’ information, despite the prohibitions set out in these Terms of Service, may be inaccurate or deceptive. Please do not hesitate to contact Rainbow Pulse Ventures, LLC by Email if any abuse is noticed.

4. Price and payment

1. The prices for current membership to our Site can be found on the ‘Purchase’ page which is accessible from the ‘Create a Profile’ link on the Website. The information on that page forms part of this Agreement. The membership price(s) may be varied from time to time.

2. You shall pay all sums due to Rainbow Pulse.com under this Agreement by the means of the payment specified in our Website and without any set-off, deduction, counterclaim and/or other withholding of monies.

3. No payment or refund will be given to you for any downtime in respect of the Site or for your inability to access the Site due to technical difficulties which are beyond our control.

5. Automatic Renewal

1. All Memberships (including special offers) automatically renew during the last day of the membership term. The relevant amount will be charged to the credit card used for your original membership transaction. ‘Standard’ Memberships relate to 30 or 90 days.

a. In the case of you taking advantage of a reduced price special offer on a membership, the

membership will automatically renew at the standard price of that membership at the time of

initial membership.

These membership renewals continue until you decide to cancel the automatic renewal. Renewal

Cancellation can only be effected up to 1 day prior to the end of the current term of your

membership.

6. Member’s Obligation

YOU WILL NOT:

1. Post Your personal details such as your telephone number, address and/or Email address or URL in your Profile or any other information which would allow other Members and/or Users to contact you directly;

2. Transmit and/or post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties’ rights in (including but not limited to Intellectual Property Rights and/or Privacy Rights);

3. Use of the Site to promote any other site, service and/or business in any way including but not limited to Posting any personal Email addresses URL’s and/or other personal telephone numbers in your Profile;

4. Solicit other Member’s business, buy or sell products and/or services through the Site;

5. Misuse in any way the Site or any information Posted on the Site;

6. Attempt to gain unauthorized access to any information available on the Site or to any of the networks used in providing our Service;

7. Post and/or reproduce in any way information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;

8. Copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other Members’ Profiles) other than for the purposes provided for in this Agreement;

9. Post any chain letters and/or junk Email to Members;

10. In any way assign, transfer, part with and/or authorize any other person to use, your membership;

11. Transmit and/or Post and/or Email to another Member any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggested, libelous and/or obscene without permission from that particular user;

12. Transmit and/or Post and/or Email to another Member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is capable of offending other User’s political and/or religious beliefs;

13. Use any device, software or programs to attempt to interfere with the proper functioning of the Website.

7. Your Profile

1. You acknowledge that when posting your profile picture, your initial public picture will be of a clean nature. No X-rated pictures are allowed on your main public viewed picture.

2. You acknowledge that other Users will be able to view your Profile.

3. If you Post and/or disclose to other Users any confidential or sensitive information about yourself then you do entirely at your own risk.

4. You will be able to view the details and profiles of other Members.

5. You warrant and represent to that all information Posted by you:

a. Is accurate, true, complete and is not misleading; and

b. Will be regularly updated by you so that it remains accurate, true, complete and not misleading to other Members if your situation changes significantly.

6. We reserve the right to review your Profile from time to time and to amend and/or delete it if we, in our sole discretion, think that it should be amended and/or deleted.

7. You are solely responsible for the contents of your Profile Posted on the Site or transmitted to other Members.

8. Termination

1. Either party may terminate this Agreement at any time, for any reason. Termination of the Agreement by either party will be effective upon that party sending written notice to the other party of their intentions. To terminate the Agreement you must complete the form on our termination page. All monies paid by you to Rainbow Pulse.com are non-refundable and cancellation and/or termination of this Agreement by you or Rainbow Pulse.com at any time for any reason will not entitle you to a refund of monies paid.

2. If:

1. You fail to make any payment to Rainbow Pulse.com when due;

2. You breach the terms of this agreement;

3. You fail to provide to Rainbow Pulse.com, within the time limit requested, sufficient information to enable us to determine the accuracy and/or validity of any information posted by you. In our reasonable opinion, any information posted by you is damaging or potentially damaging to the interests of our business, then we reserve the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 7.3 below.

3. If any of the events set out in clause 7.2 above occurs in relation to you then:-

1. We may terminate this agreement immediately;

2. We may immediately suspend or terminate your access to the site without notice; and/or;

3. All monies owed by you to Rainbow Pulse.com shall become immediately due and payable.

9. Expiration of Membership

Should you choose to cancel automatic renewal or not extend your membership, your membership rights

to communicate with other members will cease immediately.

10. Intellectual Property Rights and Confidentiality

1. All Intellectual Property Rights of Rainbow Pulse.com shall be owned by Rainbow Pulse Ventures, LLC absolutely.

2. You warrant and represent to Rainbow Pulse.com that the information posted in your Profile is posted by you and that you are the sole author of your Profile. You assign to Rainbow Pulse.com with full title guarantee all copyright in your Profile.

3. You identify yourself as author of your Profile and any similar rights in any jurisdiction.

4. You agree that you will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Site which may be disclosed to you or which you may learn – except where such information is public knowledge or it is required to be disclosed by law.

5. We will use reasonable commercial endeavor to keep personal details such as your surname, your real Email address and your credit card number(s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.

6. The trademarks, logos, graphics, photographs, animations, videos and text appearing on www.rainbowpulse.com are the intellectual property of Rainbow Pulse Ventures, LLC and cannot be reproduced, used, published, distributed, sold or displayed without the express prior written permission of Rainbow Pulse Ventures, LLC.

11. Guarantee

1. The Site is provided in its current form and we do not guarantee that the Site, or element of the Site will meet your requirements, purpose and/or expectations.

2. We do not warrant that any of the information and/or material provided in the Site is accurate.

3. We do not provide any warranty in respect of the Site, results, availability, and/or uninterrupted use of the Site due to any problem or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of Email or traffic congestion on the Internet or the Website.

12. Use of the Site

1. The Website is merely a forum for Members to post information about them and to allow you to make contact with other Members through use of the Site if you choose to do so.

2. We do not check that Profiles are correct and not misleading in every single case. We do not make any representation or warranty that the information contained in any Profile is accurate and we are not under any obligation to verify any information contained in any Profile.

3. Before acting on information contained in any Profile or on any information received by you through your use of the Site, you should at your own cost and expense, carry out such investigation as you think is necessary to satisfy yourself of the truth and accuracy of such information.

4. If you arrange any meetings with any person through your use of the Site then you do so at your own risk. You should take such precautions as you deem necessary to ensure your personal safety.

5. If any members are known to be under the age of 18, please contact Rainbow Pulse Ventures, LLC by Email immediately. No underage usage will be tolerated.

13. Limitations on Liability

1. We shall have no Liability for any defect in the Site caused by you and/or any other Member.

2. We shall have no Liability to you if any monies have not been paid in full by the due date.

3. You shall give us a reasonable opportunity to correct any matter for which we are liable before you incur any costs or expenses in remedying the matter yourself. If you do not do so we shall have no Liability to you.

4. You shall produce to Rainbow Pulse.com, written evidence of any claim for which it is alleged that we are liable together with written details of how any loss was caused by Rainbow Pulse.com and the steps you have taken to mitigate the loss before we shall have any Liability for said claim.

5. We shall have no Liability to you by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.

6. We shall have no Liability to you arising out of your use of the Site and/or reliance on any information and/or other material posted on the Site or posted to you by other Members.

7. It is possible for other users and/or unauthorized users to obtain and misuse information about you as a result of your use of the Site. We shall have no Liability to you arising out of any Member’s and/or unauthorized user’s misuse of information and/or other material posted by you on the Site and/or to other Members.

8. We shall have no Liability to you for any:-

1. Consequential losses, whether direct or indirect losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions)

2. Economic and/or other similar losses; and/or;

3. Special damages and indirect losses; and/or;

9. You shall be under a duty to mitigate any loss, damage, costs or expenses that you may suffer from any of the above scenarios.

10. Our total Liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount paid by you for the Service (if any) under that Contract or the sum of $50.00, whichever is the higher sum.

11. Each of the limitations and/or exclusions in this agreement shall be deemed to be repeated and apply as a separate provision for each of:

1. Liability for breach of contract;

2. Liability in tort (including negligence); and

3. Liability for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.

12. Nothing in this Agreement shall exclude or limit our Liability for death or personal injury due to our negligence or any Liability which is due to our fraud or any other Liability which we are not permitted to exclude or limit as a matter of law.

13. Nothing in this Contract shall exclude or limit any of your statutory rights which may not be excluded or limited due to you acting as a consumer.

14. We shall have no Liability to you for any delay in performance of this Site and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control including but not limited due to you acting as a consumer.

15. We cannot be held liable for false statements made by a Member. It is therefore important to take certain precautions when meeting another Member. We shall be free of any liability with regard to meetings on Rainbowpulse.com between Rainbowpulse.com members, or with regard to meetings between Members and/or non-members following the use of its site and services.

14. Use of Information & Privacy

1. Please read Our Privacy Policy to understand how we treat your personal information.

2. From time to time Rainbowpulse.com will send you Newsletters regarding site enhancements and changes and special offers.

15. Indemnity

You agree to indemnify and keep Rainbow Pulse.com indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Rainbow Pulse.com and arising from and/or relating to your use of the Site, information and/or other material posted on the Site by you and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by you.

16. Competent Courts and Applicable Law

This agreement shall be governed by and construed in accordance with U.S. law. The U.S. courts shall have non-exclusive jurisdiction to hear any dispute relating to these terms of use, including, without limitation, their validity, their interpretation, their performance and/or their termination and its consequences.

17. General

1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of our group who shall have the right to enforce this Agreement as if they were Rainbow Pulse.com. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of any such third party.

2. You do not have the right to assign this Agreement or any of your rights to the Site. We have the right to assign any or all of our rights and duties under this Agreement or to the Site to any third party. At our election, if our rights are assumed by a third party, we shall be relieved of any and all liability under this Agreement.

3. No waiver by Rainbow Pulse.com of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

4. This Agreement contains the entire Agreement between you and Rainbow Pulse.com. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.