THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RIPL (“RIPL”, “WE”, “OUR”, OR “US”) STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE MOBILE OR WEB-BASED APPLICATION PROVIDED HEREWITH (THE “APPLICATION”). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL AND/OR USE THE APPLICATION. THESE TERMS APPLY TO ANY AND ALL APPLICATION(S) CREATED BY RIPL.
We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement from time to time. It is your sole responsibility to review this Agreement for changes prior to use of the Application, and in any event your continued use of the Application following the posting of changes to this Agreement constitutes your acceptance of any changes. You must be at least 13 years old to use the Application.
This is an agreement between you and Ripl, and not with Apple, Inc.(“Apple”). Apple is not responsible for this Application or the contents thereof.
Subject to the terms and conditions of this Agreement, Ripl grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application for personal purposes on any iOS or Android based device (including, but not limited to iPad, iPhone or iPod touch) that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service (the “Usage Rules”) or Google's Play Store Terms of Service. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application, and Apple and Google have no obligation to furnish any maintenance and support services regarding the Application. The terms of this license will govern any upgrades provided by us that replace or supplement the original Application unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
All rights not expressly granted in Section 1 above are exclusively reserved to Ripl. When using the Application, you may not modify, adapt, copy, translate, create derivative works from, publish, license, sell, or otherwise commercialize the Application, Content, or any information or software associated with the Application. You may not decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the Application. You may not remove, obscure or alter Ripl’s copyright notice, trademarks or other proprietary rights notices affixed for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. You may not rent, lease, sublicense, or otherwise transfer rights to the Application. You may not use the Application in any manner that could impair or interfere with the Application or the Ripl website located at http://www.ripl.com (the “Site”). You shall not interfere or attempt to interfere with the operation of the Application in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Application or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on the Ripl infrastructure. You must use the Application in compliance with all applicable laws. You must comply with applicable third-party terms of agreement when using this Application (e.g., your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this Agreement. Your rights to use the Application are specified in this Agreement and all rights not expressly granted herein are reserved to Ripl.
Except for User Submissions (defined below) all intellectual property rights in and to the content, tools, text, logos, marks, data, audio, video, design, codes, layout, “look and feel”, and other content that is included on the Application (“Content“) is owned by Ripl or the applicable brand owners (“Third Party Trademarks”). Your use of any Ripl or Third Party Trademarks without prior written consent is strictly prohibited.
Subject to these Terms of Service and the functionality of the Application, you may comment on Content, contribute to forums and otherwise submit Content (“User Submissions“) through the Application. Any Content that you submit to Ripl in connection with a contest, sweepstakes, or other promotion (“Promotion“) will be subject to these Terms of Service unless the applicable terms, conditions, and/or official rules that govern the Promotion expressly state the contrary. You own all intellectual property rights in and to your User Submissions. By posting or uploading User Submissions through the Application, you grant Ripl a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, decompile, reverse engineer, data process, display, perform, and otherwise exercise all rights in and to the User Submissions in connection with Ripl’s business, including, without limitation, through the Application, for marketing and advertising purposes, and on Ripl merchandise in any media formats and through any media channels now known or hereinafter invented. Without limiting the foregoing, the license may also be exercised by third parties acting on Ripl’s behalf. You also grant each user of the Application a non-exclusive license to access your User Submissions through the Application.
You agree that, whether or not your User Submissions are published through the Application, Ripl offers no confidentiality or anonymity with respect to User Submissions. You warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ripl to use your User Submissions as contemplated by the functionality of the Application and in these Terms of Service. You understand and agree that Ripl may display or distribute User Submissions along with your account name or other information you provide during any applicable registration process. When contributing User Submissions, you will not:
Ripl may remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limiting the foregoing, if it determines that a User Submission is inappropriate or fails to comply with these Terms of Service. Ripl has no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Application.
Ripl, in its discretion, offers opportunities for its users to contribute Content in the form of User Submissions through the Application. You understand and agree that User Submissions are third-party content and do not necessarily represent the views of Ripl. You understand that the Application aggregates content and the Content hereon does not necessarily represent the views of Ripl. In the case of Promotions, the bestowal of an award or prize by Ripl or its partner(s) does not signify Ripl’s endorsement of that Content. Through your use of the Application, you may be exposed to Content, including third-party content that you may find inaccurate, deceptive, offensive, objectionable, or harmful. All Content is provided for your convenience only, and you assume all associated risks.
You may be able to link from the Application to third-party websites that take you outside of the Application (“Linked Sites”). Ripl has no responsibility for the information, content, products, services, advertising, code or other material, which may be provided through the Linked Sites, so please use common sense as you navigate the Web and be aware when you leave the Application.
Ripl shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Application, including but not limited to content or features, without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Application with or without notice or liability. From time to time, Ripl may make available updates or upgrades to the Application via software download or other means. Such download may occur automatically without the need for an act on your part, or it may require you to manually down an update or upgrade through the same source from which the Application was originally downloaded. Certain functions of the Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by Ripl or otherwise.
The Application may contain information about Ripl or other products or services. That information is accurate as of the date the Application is made available for download to you. Such information about Ripl or other products or services may be updated from time to time, including without limitation, when the Application may be updated or upgraded. You should periodically check whether an updated or upgraded version of the Application is available for download.
You agree that Ripl may terminate your use of this Application, and/or exercise any other remedy available to it, if Ripl reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Ripl or any third party, or for any reason with or without notice to you. You agree that Ripl will not be held liable to you or any third party as a result thereof.
You will indemnify and hold harmless us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Application; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; and (iii) any acts or omissions by you or on your behalf with respect to any Content posted through the Application by you and/or any third party (including but not limited to on the Claw pages).
THE APPLICATION AND ALL CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE THROUGH IT, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, RIPL DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE CONTENT; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE APPLICATION OR CIRCUMSTANCES OVER WHICH RIPL HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE APPLICATION MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RIPL HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APPLICATION OR USE OF ANY INFORMATION OR CONTENT ACCESSED THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIPL THROUGH THE APPLICATION CREATES ANY WARRANTY, REPRESENTATION OR GUARANTEE.
RIPL DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Application results in the need for servicing or replacing property, material, equipment or data, Ripl is not responsible for those costs.
RIPL IS NOT RESPONSIBLE FOR CONTENT POSTED BY ANY THIRD PARTY VIA THE APPLICATION, AND ANY CONTENT THAT IS LINKED TO FROM THE APPLICATION.
THE APPLICATION AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF YOU ARE DISSATISFIED WITH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
Your downloading, installation and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the downloading, installation or use of the Application.
Apple will not be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to (i) product-liability claims, (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer-protection laws or similar legislation, and (iv) claims by any third party that the Application or your possession and use of the Application infringes the intellectual property rights of the third party. You agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
RIPL WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THE APPLICATION, THE USE OR INABILITY TO USE THIS APPLICATION THE RESULTS GENERATED FROM THE USE OF THIS APPLICATION LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
Ripl is not liable for any lost data resulting from use of the Application and/or the enforcement of this Agreement. Ripl disclaims any and all liability for the acts, omissions and conduct of any users on the Application or otherwise related to your use of the Application. Ripl is not responsible for the products, services, actions or failure to act of any other third party in connection with the Application.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RIPL’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO RIPL IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
If you have a dispute with one or more users of the Application, you release Ripl (and its officers, directors, agents, employees, and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
None of the Content may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Ripl, which permission may be withheld in our sole and absolute discretion. Without limiting the foregoing, if you believe that your work has been copied and posted through the Application in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Application; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Ripl’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: 223 Kirkland Ave, Suite 102, Kirkland, WA 98033.
Certain Application functions may require data access, and the provider of data access for your device may charge you data access fees in connection with your use of the Application. You are solely responsible for any data access or other charges you incur.
Uninstallation methods may vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
These Terms of Service will be governed by the laws of the State of Washington, without reference to its choice-of-laws rules. The exclusive jurisdiction and venue for any action under these Terms of Service will be in the state and federal courts of King County, Washington. You accept the exclusive personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. We may assign our rights and delegate our duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of our assets relating to this Agreement. Nothing in this Agreement will constitute a partnership or joint venture between you and us. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of these Terms of Service is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
This policy was last updated on October, 2015.
Web Beacons. Web beacons are small graphic images or other programming code (also known as "1×1 GIFS" or "clear GIFs"). We may include web beacons in the Ripl Service pages and email messages. Web beacons may be used for a number of purposes, including to count visitors to the Ripl Service, to monitor how users navigate the Ripl Service, and to count how many emails that were sent were actually opened.
Information You Share With Us
If we adopt (and you choose to use) an invitation service to tell a friend about the Ripl Service or features thereon, we will ask you for information needed to send the invitation, such as your friend's email address. We will automatically send your friend a one-time email or message inviting him or her to visit the Ripl Service. Ripl stores this information only as long as needed to send this one-time invitation and to track the success of our referral program. Your friend may contact us at support at ripl.com to request that we remove this information from our database.
We may share non-personally identifiable information, such as aggregated user statistics, with third parties. We do not share your personal information with third parties for third-party marketing purposes. We may share the information we have collected about you, including personal information, as disclosed at the time you provide your information and in the following circumstances:
Third Parties Providing Services on Our Behalf. We may use third parties to perform certain services on behalf of the Ripl Service, such as hosting the Ripl Service, designing and/or operating the Ripl Service features, and enabling Ripl to send you email newsletters or performing other administrative services. We may provide these companies with access to user information, including personal information, to carry out the services they are performing for you or for us. While we may use: (a) third-party analytics service providers to evaluate and provide information about the use of the Ripl Service and viewing of our content and (b) ad-serving platforms, we do not share personal information with either of these types of entities. However, analytic service providers and ad-serving platforms may set and access their own cookies and web beacons on your device and they may otherwise collect or have access to limited information about you, including usage information.
Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (each, a "Promotion") through the Ripl Service that may require registration. By participating in a Promotion, you agree to the terms, conditions and/or official rules that govern that Promotion. If you choose to enter a Promotion, personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners' list.
Administrative and Legal Reasons. We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us; and (b) protect and defend our rights or property, the Ripl Service, its users, or the public.
Business Transfer. We reserve the right to disclose and transfer all information related to the Ripl Service, including, without limitation, your personal information, demographic information and usage information: (i) to a subsequent owner, co-owner or operator of the Ripl Service or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
Personal information collected via the Ripl Service is stored in secure operating environments that are not available to the public. In some instances, personal information is encrypted during storage and transmission. Only those Ripl employees and agents who need access to your Personal Information to do their jobs are allowed access, each having signed confidentiality agreements.
While we make reasonable efforts to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us or information we transmit to you from the Ripl Service, and you assume all related risks.
The Ripl Service is intended solely for US visitors. You agree that any personal information you provide to us will be processed and stored on servers in the US, the laws of which may be deemed by other countries to have inadequate data protection. Accordingly, if you are located outside the US, you consent and continue to consent to the processing and storage of such data in the US and you warrant that such processing and storage will not violate any country's data-security and data-transfer laws including the European Union Safe Harbor Director and local implementations thereof.
Opting Out. If you no longer wish to receive offers or information from the Ripl Service, send us an email at support at ripl.com. Please note, however, that if your email address is inserted as a third-party email address by another Ripl Service visitor using the tell-a-friend service described above, you may receive emails at the request and direction of the visitor via the automated process, even though you may have previously indicated that you do not want to receive offers or information from us.
Accessing your Personal Information. If you would like to obtain a copy of the personal information gathered by the Ripl Service, or if you would like to correct or delete such information from the Ripl Service's marketing database, send us an email at support at ripl.com.
Improper Collection and Misuse of Personal Information. Please report any improper collection or misuse of personal information provided on the Ripl Service to support at ripl.com.