LEGAL STUFF
terms & conditions
Welcome to Over the Rainbow and Back! These terms and conditions (the “Terms”) govern your use of Over the Rainbow and Back.com (“we,” “us,” and “our”). Please note that your use of Over the Rainbow and Back constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use our website. We reserve the right to make changes to our website and our Terms. When we make changes, we will post them here with an updated effective date. For this reason, we encourage you to review these Terms whenever you use our website because by visiting the Over the Rainbow and Back, you agree to accept any such changes.
Who Can Use Over the Rainbow and Back
In order to accept these terms and conditions and use our services, you must be at least 13 years of age. By using Over the Rainbow and Back, you are confirming that you meet our age requirements.
Inappropriate Content
Over the Rainbow and Back celebrates freedom of expression. That said, we also want to foster a respectful community. Therefore, any comments which are deemed inappropriate, including but not limited to, spam, offensive content, rude language, or self-promotion, will be deleted.
Privacy Policy
Over the Rainbow and Back’s use of personal information is governed by our Privacy Policy. For more details, please refer to our Privacy Policy.
Ownership of Intellectual Property
All content contained in and all products sold on the Site are the intellectual property of Over the Rainbow and Back, unless otherwise noted. All images, text, designs, graphics, trademarks, and logos are owned by and are the property of Over the Rainbow and Back. It is a violation of Federal law to use our intellectual property in whole or in part.
Any content or products that we provide is for your individual use and as a single-use license. No license to sell or distribute our intellectual property is express or implied. You are not authorized or permitted to utilize any such content and/or products on your sites without express written permission from Over the Rainbow and Back. By utilizing the content on our Site and/or purchasing our products, you expressly agree (1) not to infringe on or otherwise violate Over the Rainbow and Back’s intellectual property, (2) to ensure that any confidential information disclosed to you by Over the Rainbow and Back remains confidential, and (3) not to disclose any information provided to you by Over the Rainbow and Back to any third party. In the event that you violate this section of the Terms and Conditions, you agree that Over the Rainbow and Back will be entitled to seek injunctive relief against you.
You may not publish, reproduce, duplicate, derivate, copy, sell, display, distribute to an employee or contractor, or coworker, friends or family or otherwise use any material from our site or products for commercial purposes or in any way that benefits you financially. By downloading, printing, or otherwise using our products or content for personal use, you in no way assume any ownership rights of the Content. Any reproduction or unauthorized use of the materials will constitute infringement.
We love when you share our work. However, when you do so, you must provide clear and obvious credit back to Over the Rainbow and Back, as well as links back to the page where the materials, designs, images, text, or post is located. You may never claim or imply that any of our intellectual property is your own.
Product License
Upon purchasing any product from Over the Rainbow and Back, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of the product, or if you imply that anyone who gets access to the product has the right to use it for his/her/its commercial purposes, We reserve the right to invoice you for the licenses that you have gifted to others and permanently revoke your access to our products.
In a nutshell, you are not allowed to share our products.
Refund Policy
Due to the nature of digital downloads, please note that there are no refunds on our products.
Guarantees, Liability, Warranties, and Disclaimers
Our website and products are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications. This includes losses that may occur as a result of any consequences resulting from technological failures such as payment processor error(s) or system failure(s). While we may reference certain results, outcomes or situations on this site, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements contained on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein. This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and media contained herein are entirely accurate, complete, or up to date. We will not be liable for any errors or omissions. You expressly acknowledge and understand that any information or knowledge that you obtain as a result of visiting this site is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at hi@overtherainbowandback.com.
Please note that hyperlinks to external webpages are included solely for your convenience, and we do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties.
Indemnity
You agree to defend, indemnify and hold Over the Rainbow and Back harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of our website, your violation of the Terms or the posting or transmission of any materials on or through the website by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Effective November 30, 2020
privacy policy
This Privacy Policy describes the ways in which Over the Rainbow and Back collects, uses and shares information, as well as the choices that are available to you regarding our handling of your data. The terms “we,” “us,” and “our” refer to Over the Rainbow and Back, while the terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Over the Rainbow and Back is committed to protecting your privacy, and we will not share your personal information except as outlined in this Privacy Policy. Should you have questions regarding the collection, storage or usage of your personal information and data, please email us at:
monica@overtherainbowandback.com
Data Collection
We may collect information that you voluntarily give us, as well as location-based information and site traffic data as described below:
Personally Identifiable Information
Over the Rainbow and Back collects your email address and first name when you choose to participate in various activities related to the site, such as newsletter subscriptions, downloads, and website comments. You are under no obligation to provide us with personal information of any kind, although your refusal to do so may prevent you from using certain features of our site.
Derivative Data
We may record information relating to your use our website, including the searches you undertake, the pages you view, IP address, your browser type, requested URL, referring URL, and timestamp information.
Usage of Your Information
Having accurate information about you permits us to provide you with the highest possible level of service by ensuring a smooth, efficient, and customized experience. We may use information collected about you via our website to:
- Host promotions and contests.
- Compile anonymous statistical data and analysis for use internally or with third parties.
- Deliver targeted advertising, promotions, and other information regarding our website to you.
- Allow comments on Over the Rainbow and Back.
- Issue a periodic digital newsletter to you.
- Increase the efficiency and operation of our website.
- Monitor and analyze usage and trends to improve your experience with the Site.
- Notify you of updates to our website.
- Offer new products, services, and/or recommendations to you.
- Perform other business activities as needed.
- Request feedback and contact you about your use of the Over the Rainbow and Back.
- Resolve disputes and troubleshoot problems.
Data Processing
Over the Rainbow and Back takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the data. The data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In some cases, the data may be accessible to external parties other than Over the Rainbow and Back, such as third-party technical service providers, mail carriers, hosting providers, IT companies and communications agencies for the purposes of data processing.
Over the Rainbow and Back may process your personal data as described above:
- As consistent with your consent, which you may revoke at any time. Under some legislations, we may be allowed to process personal data until you opt-out, without having to rely on consent or any other of the following legal bases.
- As necessary to fulfill our responsibilities under our contract with you .
- As necessary for compliance with a legal obligation to which Over the Rainbow and Back is subject.
- As necessary for the purposes of pursuing the legitimate interests of Over the Rainbow and Back or by a third party, including our interest in providing relevant and secure services, and improving our services.
Data Transfers
Over the Rainbow and Back processes data in the United States, as well as any other locales in which our third party service providers may be located. Depending on your location, data transfers may involve transferring your data to another country other than your own. Although we endeavor to partner with third party service providers that share our respect for your privacy, we cannot assume any responsibility for the content or privacy policies of those third party service providers. As always, we encourage you to carefully review their privacy policies by following the links provided in the Third Party Service Providers section below.
Data Retention
Our retention periods for personal data are based on business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the data was collected and any other permissible, related purpose.
Third Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including data analysis, email delivery, hosting services, customer service, and marketing assistance.
- Analytics: We use Google Analytics (Google LLC)to analyze and track your usage of our site, determine the popularity of certain content and better understand online activity. By accessing Over the Rainbow and Back, you consent to Google’s collection and use of your information. We do not transfer personal information to Google Analytics . Google may use the data collected to contextualize and personalize the ads of its own advertising network. We encourage you to review their privacy policy and contact them directly for responses to your questions. Personal data collected: Cookies, Usage Data. Place of processing: United States – Privacy Shield participant.
- External social networks and platforms: Over the Rainbow and Back allows you to upload images and information to your Pinterest account via the “Pin It” button and social widgets. The interaction and information obtained through Over the Rainbow and Back are always subject to your Pinterest privacy settings. Please note that Pinterest might still collect traffic data for the pages where their services are installed, even when you do not use them. For more information, please refer to the Pinterest privacy policy.
Personal data collected: cookies, usage data. Place of processing: United States - Contact list management: We use Flodesk to manage our database of email contacts for the purposes of communicating with you. They collect information about the device and applications you use to access emails sent through their services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.They may also collect data concerning the date and time when you viewed the message, as well as when the you interacted with it, such as by clicking on links included in the message. For more information, please refer to the Flodesk privacy policy. Personal Data collected: email address, first name, usage data. Place of processing: United States
Third Party Links
Over the Rainbow and Back may provide links to third-party websites and applications of that we believe will be of interest to you, including advertisements and external services, that are not affiliated with us. Once you have activated these links to leave our site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee that your information will be secure. Before providing any information to any third-party websites, you should review the privacy policies and practices (if any) of the third party responsible for that website. Following this practice will allow you to take the steps necessary to protect the your information. Please note that we are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from Over the Rainbow and Back.
Over the Rainbow and Back may engage in affiliate marketing, which is done by embedding tracking links into our site. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
Your Rights
Depending on your jurisdiction, you may have the following rights with regard to your personal information: the right to access, the right to rectification, the right to erasure (right to be forgotten), the right to request the restriction of processing (data minimization), the right to data portability, the right to object to the processing, the right to withdraw your consent to the processing and the right to file a complaint before your local Data Protection Authority.
Additional Information
Legal action
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.
We may be required to reveal personal data upon request of public authorities.
System logs and maintenance
For operation and maintenance purposes, Over the Rainbow and Back and any third-party services may collect files that record interaction with Over the Rainbow and Back (system logs) use other personal data (such as the IP Address) for this purpose.
“Do Not Track” requests
Over the Rainbow and Back does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please refer to their privacy policies.
Children
We do not, in providing the Services, knowingly collect personal information from children. If you have reason to believe that a child has provided personal data to us via the Services, please contact us, and we will endeavor to delete that information from our databases.
Tracking Software
We may use cookies, web beacons, tracking pixels, and other tracking technologies throughout our website to help customize and improve your experience. However, we do not employ tracking technology to collect your personal information. Most browsers are set to accept cookies by default. Although you can remove or reject cookies, such action could negatively impact the availability and functionality of Over the Rainbow and Back. Please note that you cannot decline web beacons. You can, however, render them useless by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Sensitive Personal Information
Sensitive personal information should not be submitted to the Over the Rainbow and Back. This includes, but is not limited to, your social security number, information regarding race or ethnic origin, political affiliation or opinions, religious beliefs, and health information.
Third Party Data
You are responsible for any third-party personal data that you obtain, publish, or share through Over the Rainbow and Back. Additionally, you confirm that you have the third party’s consent to provide the data.
Your Consent
By using the Services and by granting your express consent, you consent to the collection and use by us of any personal and other information you provide while using the services in accordance our Privacy Policy. Please do not access Over the Rainbow and Back if you do not agree to the terms of our Privacy Policy
Updates
Over the Rainbow and Back reserves the right to make changes to this privacy policy at any time. If we make changes, we will notify you by revising the date at the top of this policy. In some cases, we may provide you with additional notice, such sending you an email notification. We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our information practices and the choices available to you. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of Over the Rainbow and Back subsequent to the posting of the revised Privacy Policy.
Latest update: December 03, 2019