Last Revision August 21, 2008
Acceptance of terms
Welcome to RIPL! At RIPL we help you communicate and exchange all kinds of content with other people with supernatural ease. This document outlines the bargain we make with you that allows us to deliver that experience.
By using the RIPL website and related RIPL services (the "RIPL Service"), you agree to be bound by the following Terms of Service ("Terms") and the RIPL Privacy Policy (the “Privacy Policy”), which is published at
Privacy Policy , either or both of which may be updated by us from time to time without notice to you. Acceptance of the Terms is required in order for you to complete registration and use the RIPL Service. We recommend that you reference these Terms and the Privacy Policy periodically for any changes or updates. The date of the most recent change is noted at the end of this document.
These Terms apply to all users (“Users”) of the RIPL Service, including (a) users who are contributors of personal and copyrighted content, information, and other materials or services on RIPL, (b) users of RIPL software and applications installed on such users’ desktops, and (c) users of the RIPL web site (including but not limited to RIPL pages generated by Users (the “RIPL Site”) (collectively, the “RIPL System”). If you do not agree to any of these Terms, please do not use the RIPL Service or the RIPL System.
Access to RIPL
- RIPL hereby grants you permission to use the RIPL Service and the RIPL System as set forth in these Terms, provided that: (i) your use of the RIPL Service and the RIPL System as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the RIPL Site, the RIPL System, or the RIPL Service in any medium without RIPL's prior written authorization; (iii) you will not alter or modify any part of the RIPL Site other than as may be reasonably necessary to use the RIPL Service or the RIPL System for its intended purpose (as contemplated in these Terms); and (iv) you will otherwise comply with these Terms.
- In consideration of your use of the RIPL Service and the RIPL System, you represent and warrant to RIPL that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the RIPL Service's registration form (the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or RIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, RIPL has the right to suspend or terminate your account and refuse any and all current or future use of the RIPL Service and/or the RIPL System (or any portion thereof).
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the RIPL Site in a manner that sends more request messages to the RIPL servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, RIPL grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. RIPL reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions (as defined below).
Member account, password, and security
In order to access the RIPL Service and the RIPL System, you will have to create an account. You will receive a username and password upon completing the RIPL Service's registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RIPL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Although RIPL will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RIPL or others due to such unauthorized use. Conversely, you may never use another's account without permission. In order to use certain applications that are components of the RIPL System, you may need to agree to a click-through end user license agreement, and in case of any conflict between these Terms and such click-through end user license agreements, the terms of such end user license agreements will prevail and control.
RIPL's proprietary rights
The content on the RIPL Service and the RIPL System – other than content uploaded, published, emailed, transmitted, or otherwise published on the RIPL Service and the RIPL System by you or other RIPL users (collectively, "User Submissions")—including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to RIPL, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. CONTENT ON THE RIPL SITE IS PROVIDED TO YOU “AS IS” FOR YOUR INFORMATION AND PERSONAL USE ONLY AND MAY NOT BE USED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY OTHER PURPOSES WHATSOEVER WITHOUT THE PRIOR WRITTEN CONSENT OF THE RESPECTIVE OWNERS. RIPL reserves all rights not expressly granted in and to the RIPL Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the RIPL Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the RIPL Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the RIPL Site or the Content therein. RIPL owns all right, title, and interest in and to the Registration Data and Feedback. For the purposes of these Terms, "Feedback" includes all communications, content, feedback, suggestions, ideas, concepts, questionnaire responses, focus group responses, etc. communicated by you to RIPL through any communication medium relating to the RIPL Service, the RIPL System, or RIPL's other services.
RIPL does not claim ownership of User Submissions; you retain any ownership rights you may already have. By contributing User Submissions to RIPL, you hereby grant to RIPL a perpetual, worldwide, royalty-free, fully assignable and fully paid-up license to use, copy, publicly perform, digitally perform, publicly display, and distribute the User Submissions, and to prepare derivative works of, or incorporate into other works, such User Submissions on the RIPL Service, the RIPL System or in RIPL's marketing and promotional activities. This license does not grant RIPL the right to sell User Submissions or otherwise distribute them outside the RIPL Service or the RIPL System except for marketing and promotional purposes; provided, however, that retrieval and display of User Submissions on third-party Web sites and services via RIPL programming interfaces shall not be deemed a distribution outside of the RIPL Service or the RIPL System.
You acknowledge and agree that the RIPL Service and the RIPL System and any necessary software used in connection with the RIPL Service and the RIPL System (collectively, "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the RIPL Service and/or the RIPL System or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by RIPL or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the RIPL Service, the RIPL System, or the Software, in whole or in part.
RIPL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the RIPL Service. You agree not to access the RIPL Service or the RIPL System by any means other than through the interfaces that are provided by RIPL for use in accessing the RIPL Service and the RIPL System.
Member conduct and User Submissions
You understand that all Content appearing as part of the RIPL Service and the RIPL System, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not RIPL, are entirely responsible for all Content that you upload, publish, email, transmit, or otherwise make available via the RIPL Service or the RIPL System. RIPL does not control the Content posted via the RIPL Service or the RIPL System and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the RIPL Service or the RIPL System, you may be exposed to Content that is offensive, indecent, or objectionable. You understand that you bear the responsibility for ensuring that you have all necessary Rights (as defined below) to upload, publish, email, transmit, or otherwise publish Content on the RIPL Service and the RIPL System. Under no circumstances will RIPL be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, any infringement of copyright or trademark rights, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the RIPL Service or the RIPL System.
From time to time RIPL may offer programs allowing technically advanced or experienced volunteers to assist others in using the RIPL Service and the RIPL System. Participation in such programs is voluntary by both parties, and RIPL assumes no responsibility for the actions or quality of service provided by such volunteer users.
You agree to not use the RIPL Service or the RIPL System to:
- upload, publish, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a RIPL official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the RIPL Service or the RIPL System;
- upload, publish, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, publish, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, publish, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose);
- upload, publish, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the RIPL Service or the RIPL System or servers or networks connected to the RIPL Service or the RIPL System, or disobey any requirements, procedures, policies, or regulations of networks connected to the RIPL Service or the RIPL System;
- intentionally or unintentionally violate any applicable local, state, national, or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
- You acknowledge that RIPL may or may not pre-screen Content, but that RIPL and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the RIPL Service or the RIPL System. Without limiting the foregoing, RIPL and its designees shall have the right to remove any Content that violates these Terms, the Privacy Policy, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RIPL or submitted to RIPL.
- You acknowledge, consent and agree that RIPL may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of RIPL, iUsers, or the public.
- You understand that the technical processing and transmission of the RIPL Service and the RIPL System, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the RIPL Service, the Software, and the RIPL System (including software embodied within the RIPL Service and the RIPL System ) may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RIPL and/or content providers who provide Content to the RIPL Service and the RIPL System. You may not attempt to override or circumvent any of the usage rules embedded into the RIPL Service and the RIPL System. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the RIPL Service or the RIPL System, in whole or in part, is strictly prohibited.
Procedure for making claims of copyright or intellectual property infringement
RIPL respects the intellectual property of others, and we ask our users to do the same. RIPL may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RIPL's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the RIPL Site;
- your address, telephone number, and email address;
- a 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 statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
RIPL's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, c/o RIPL Corp., 1418 Third Avenue #300, Seattle, WA 98101
By email: copyright@ripl.com
Other sites or advertisers you access via RIPL
RIPL may contain links to third party websites that are not owned or controlled by RIPL. RIPL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, RIPL will not and cannot censor or edit the content of any third-party site. By using the RIPL Service or the RIPL System, you expressly relieve RIPL from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave RIPL and to read the terms and privacy policy of each other website you visit.
You understand and agree that the RIPL Service and the RIPL System may include advertisements, and that these advertisements are necessary for RIPL to provide the RIPL Service and the RIPL System. The RIPL Service and the RIPL System may also include certain communications from RIPL, such as service announcements and administrative messages, and these communications are considered part of RIPL membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current RIPL Service or the RIPL System, including the release of new RIPL properties, shall be subject to these Terms. You understand and agree that the RIPL Service is provided "AS-IS" and that RIPL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You acknowledge that you are responsible for obtaining access to the RIPL Service and the RIPL System, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the RIPL Service and the RIPL System.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the RIPL Service or the RIPL System, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that RIPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the RIPL Service or the RIPL System.
Ability to accept these Terms
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the RIPL Site is not intended for children under 13. If you are under 13 years of age, do not use the RIPL Site, the RIPL Service, or the RIPL System. Talk to your parents about what sites are appropriate for you.
No resale of RIPL Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the RIPL Service or the RIPL System (including your RIPL username), use of the RIPL Service or the RIPL System, or access to the RIPL Service or the RIPL System.
General practices regarding use and storage
You acknowledge that RIPL may establish general practices and limits concerning use of the RIPL Service and the RIPL System, including without limitation the maximum number of days that messages or other uploaded Content will be retained by the RIPL Service and the RIPL System, the maximum number of messages that may be sent from or received by an account on the RIPL Service and the RIPL System, the maximum size of any message that may be sent from or received by an account on the RIPL Service and the RIPL System, the maximum disk space that will be allotted on RIPL's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the RIPL Service and the RIPL System in a given period of time. You agree that RIPL has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the RIPL Service or the RIPL System. You acknowledge that RIPL reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RIPL reserves the right to modify these general practices and limits from time to time.
Modifications to RIPL Service
RIPL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the RIPL Service or the RIPL System (or any part thereof) with or without notice. You agree that RIPL shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the RIPL Service or the RIPL System.
Termination
You agree that RIPL may, under certain circumstances and without prior notice, immediately terminate your RIPL account, any associated email address, and access to the RIPL Service and the RIPL System. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, the Privacy Policy, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the RIPL Service or the RIPL System (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the RIPL Service or the RIPL System. Termination of your RIPL account includes (a) removal of access to all offerings within the RIPL Service and the RIPL System (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the RIPL Service and the RIPL System. Further, you agree that all terminations for cause shall be made in RIPL's sole discretion and that RIPL shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the RIPL Service and the RIPL System.
Warranty disclaimer
YOU AGREE THAT YOUR USE OF THE RIPL SITE, THE RIPL SERVICE AND THE RIPL SYSTEM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RIPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RIPL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE RIPL SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE RIPL SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE RIPL SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE RIPL SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RIPL SITE. RIPL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RIPL SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RIPL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of liability
IN NO EVENT SHALL RIPL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE RIPL SITE, THE RIPL SERVICE, OR THE RIPL SYSTEM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE RIPL SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE RIPL SITE THE RIPL SERVICE, OR THE RIPL SYSTEM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RIPL SITE, THE RIPL SERVICE, OR THE RIPL SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT RIPL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE RIPL SITE IS CONTROLLED AND OFFERED BY RIPL FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. RIPL MAKES NO REPRESENTATIONS THAT THE RIPL SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE RIPL SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless RIPL, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the RIPL website, the RIPL Service, or the RIPL System,; (ii) your violation of any term of these Terms or the Privacy Policy; (iii) your violation of any Right or third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim made by any third party due to or arising out of Content you submit, publish, transmit or otherwise make available through the RIPL Service or the RIPL System,. This defense and indemnification obligation will survive these Terms and your use of the RIPL Service and the RIPL System,.
No third-party beneficiaries
You agree that, except as otherwise expressly provided in this Terms, there shall be no third-party beneficiaries to the agreement embodied in these Terms.
Notice
RIPL may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the RIPL Service or the RIPL System,.
Trademark information
RIPL trademarks and service marks and other RIPL logos and product and service names are trademarks of RIPL Corp. (the "RIPL Marks"). Without RIPL's prior permission, you agree not to display or use in any manner the RIPL Marks.
General information
Entire Agreement. These Terms (and the Privacy Policy and the end user license agreements referred to herein) constitute the entire agreement between you and RIPL and governs your use of the RIPL Service and the RIPL System, superseding any prior agreements between you and RIPL with respect to the RIPL Service or the RIPL System,. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RIPL services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. These Terms and the relationship between you and RIPL shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and RIPL agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington.
Waiver and Severability of Terms. The failure of RIPL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your RIPL account is non-transferable and any rights to your RIPL username or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the RIPL Service or the RIPL System, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Amendments to Terms. These Terms may be amended periodically by RIPL and this will be effective upon posting of such amendments on the RIPL Site. Your continued use of the RIPL Site constitutes your agreement to these Terms and any future amendments. RIPL will post any amendments to these Terms on this page and, if the changes are significant, RIPL will provide a more prominent notice (including, for certain major amendments, email notification). Each new version of these Terms will be identified by its effective date below.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms are effective as of November 1, 2006, amended as of January 16, 2008, and most recently amended as of August 21, 2008.
Contacting RIPL regarding these terms
Please send any questions regarding these Terms to info@ripl.com. You can also report any violations of these Terms to this address. RIPL reserves the right, in its sole discretion, to determine whether and what action to take in response to any such report, and any action or inaction in a particular instance will not dictate or limit RIPL's response to a future report. You acknowledge and agree that RIPL will not assume or have any liability for any action or inaction by RIPL with respect to any User Submissions.