Last modified: May 25, 2018
Welcome to RippleNami.com
Thank you for using our website, products and services (“Services”). The Services are provided by RippleNami, Inc. (“RippleNami”), 2027 Newcastle Avenue PMB 1161, Cardiff-by-the-Sea, California 92007.
By using our Services, you are agreeing to these terms which shall hereby become part of and incorporated into your agreement (including the applicable Application, Software and Service Agreement (“Service Agreement”), the Terms and Conditions available for review at www.ripplenami.com/tc (“Terms and Conditions”) and any applicable End User License Agreement (“EULA”)) with us. Please read them carefully.
Additional terms or product requirements may apply and such additional terms will be available with the relevant Services, and those additional terms will become part of and incorporated into your agreement (including the Service Agreement, Terms and Conditions and any applicable EULA) with us if you use those Services.
1. Using our Services
You must follow any policies made available to you within the Services.
You may not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by our Service Agreement, Terms and Conditions and EULA and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services in a manner inconsistent with our Service Agreement, Terms and Conditions and EULA unless you obtain permission from the owners of the content (which may or may not be RippleNami) and are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. 2
Our Services display some content that is not owned by RippleNami. This content is the sole responsibility of the entity that makes it available. We may, but will not always, review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
2. Your RippleNami Account
You may need a RippleNami account in order to use the majority of our Services. You may create your own RippleNami account, or your RippleNami account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a RippleNami account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
4. Your Content in our Services
Some of our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
When you post, link, store, share and otherwise make available certain information to or through our Services, you give RippleNami (and those we work with) a perpetual, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the purpose of operating, promoting, and improving our Services, and to develop new Services. This license continues even if you stop using our Services. Please make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
RippleNami, Inc. has the right but not the obligation to monitor and edit all Content provided by users. Our systems analyze your content (including emails) to provide you personally relevant product features. This analysis occurs as the content is sent, received, and when it is stored.
In addition, Content found on or through this Service are the property of RippleNami, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
If you have a RippleNami account, we may display your profile name, profile photo, and actions you take on RippleNami or on third-party applications connected to your RippleNami account in our Services.
5. About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. You grant us permission to download software or updates as necessary to keep our Services current and functional.
RippleNami gives you a limited, personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software provided to you by RippleNami as part of the Services. This license is for the sole purpose of enabling you to use the Services as provided by RippleNami, in the manner permitted by these terms, the Service Agreement, the Terms and Conditions and any EULA applicable to your Services. You may not copy, modify, distribute, license, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws permit you to do so, or you have our written permission to do so.
6. Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time subject to the Terms and Conditions. RippleNami may also stop providing Services to you, or add or create new limits to our Services at any time subject to the Terms and Conditions.
7. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER RIPPLENAMI NOR ITS SUPPLIERS, VENDORS, PARTNERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. 5
8. Liability for our Services
WHEN PERMITTED BY LAW, RIPPLENAMI, AND RIPPLENAMI’S SUPPLIERS, VENDORS, PARTNERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RIPPLENAMI, AND ITS SUPPLIERS, VENDORS, PARTNERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT STATED IN SECTION 10.1 OF THE TERMS AND CONDITIONS AVAILABLE FOR REVIEW AT WWW.RIPPLENAMI.COM/TC.
IN ALL CASES, RIPPLENAMI, AND ITS SUPPLIERS, VENDORS, PARTNERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
9. Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify RippleNami and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
10. About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We may post notice of modified additional terms in the Terms and Conditions page for the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the Terms and Conditions, the Terms and Conditions will control for that conflict. If there is a conflict between these terms and the Service Agreement, the Service Agreement will control for that conflict.
These terms control the relationship between Ripplenami and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms. 6
The laws of Delaware, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of San Diego County, California, USA, and you and RippleNami consent to personal jurisdiction in those courts.
If you need to contact RippleNami regarding these Terms of Service, please email us at email@example.com.