Disclaimer

(Please read and acknowledge below.)

Rainbow Splash Web Designs will design graphics for you in one style or type, consisting of one header design, one background and one set of buttons or a navigational bar graphic, depending on the web design package, and/or custom web design, you purchase from us, in one style only. If you should change the style or type of graphic from what you explained that you wanted at the onset of the project, Rainbow Splash Web Designs reserves the right to charge for this service.

Rainbow Splash Web Designs offers no guarantee(s) that your website will be profitable; that is entirely up to your specific business and your product(s) and/or web marketing. We provide a web design package, and/or custom web design, according to your requests, to the best of our design ability. We strongly encourage our clients to market their new websites by seeking web marketing &/or consulting services to provide more opportunity for success of their new website(s). Rainbow Splash Web Designs IS NOT a complete web marketing service and is not responsible for complying with up-to-the-minute web marketing trends.

All Rainbow Splash Web Designs' websites are created with the intent to provide a custom on-line presence to individuals or businesses seeking e-commerce solutions or an on-line presence.

Any graphics, logos, buttons, and/or backgrounds that are created by Rainbow Splash Web Designs may not be changed in any way, shape or form without permission from Rainbow Splash Web Designs. All copyright privileges for those items are retained by Rainbow Splash Web Designs.

Rainbow Splash Web Designs will NOT substitute items from another package or packages; and if a client does not accept any part of the package at the onset of the project, Rainbow Splash Web Designs is not obligated to provide the remaining service or services and/or designs and/or items at a later time.

Please note that Rainbow Splash Web Designs requires all clients to have their websites completed not later than six (6) months after the date of the initial agreement of web design services, whether oral or in writing, unless otherwise agreed at the time of purchase or agreement, whether oral or in writing. If you do not provide information or supplies timely, or if you wish to put your website on hold longer than the initial 6-month period, unless otherwise agreed by Rainbow Splash Web Designs, you will forfeit your right to completion of your website package and/or be subject to a surcharge for completion of your package.

Rainbow Splash Web Designs reserves the right to discontinue services with a customer at any time, if deemed necessary, and will not be held responsible for hosting or maintaining your site any further or continuing in ANY manner. Rainbow Splash Web Designs also reserves the right to discontinue service with anyone who does not pay for services rendered. Rainbow Splash Web Designs is not responsible for downed servers or any information that may be lost due to failure, which is out of our control. Rainbow Splash Web Designs creates websites that are compatible with most new browsers, and is not responsible for your site if your site cannot be viewed because it is being viewed with an older browser or an AOL browser. Some scripts are browser specific and may not work with certain browsers. Rainbow Splash Web Designs will not be responsible to make any adjustments and/or changes to your site because of this issue and all efforts will be made to comply with most browser standards.

Rainbow Splash Web Designs is not responsible for credit card fraud resulting from using our service, nor is it responsible in any way for customers who practice fraudulent or irresponsible business. Rainbow Splash Web Designs does not host adult sites or assist in the creation of adult sites. Rainbow Splash Web Designs is not responsible for designs created with misleading information from clients in violation with the copyright laws of the government. All rights are hereby reserved.

All fees must be paid upfront unless otherwise agreed to and all fees are nonrefundable.

All prices are subject to change at any time and without further notice.

You confirm that any copyright breaches, defamatory comments or misleading advertisements are the responsibility of the website client or advertiser and not Rainbow Splash Web Designs.

You confirm that any data, information, materials or documents passed to Rainbow Splash Web Designs have been checked by you as being accurate, suitable for the use you require and proof-read and that anything which you have provided us with does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, and is not contrary to any law.

You specifically confirm that you hold the full copyright of anything that you provide to us (e.g. data, text for insertion, information, documents, logos and any other content whatsoever) or that you have obtained the copyright owner's permission to use it in the way you have asked us to (e.g. extract from published document or images).

You confirm that Rainbow Splash Web Designs is not responsible for any omission, additions, changes, alteration, typographical, clerical or other error or omission within any information or documentation or products and/or services supplied.

You confirm that you will not breach any intellectual property rights, including copyright in so far as materials, software, information, content, images and anything whatsoever supplied to you from us. You specifically agree that we have no liability in respect of this clause and furthermore you will indemnify us for any loss.

You confirm that you unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Rainbow Splash Web Designs for inclusion in the web design project are owned by you, or that you havepermission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Rainbow Splash Web Designs and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you.

You confirm that you shall indemnify and hold harmless Rainbowsplash Web Designs (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by you to Rainbow Splash Web Designs, or (b) a claim that Rainbow Splash Web Designs's use of your content infringes the intellectual property rights of a third party.