Last updated: December 2023
Welcome to Ripple (a tool that provides intelligent music-creation and audio editing capabilities, the "Platform" or "Ripple"), which is provided by Funnico Inc. in the United States (collectively such entities will be referred to as "we", "our" or "us").
You are reading the terms of service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the "Services"). Our Services are provided for private, personal and non-commercial use. For the purposes of these Terms, "you" and "your" means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian who agrees to be bound by these Terms. The Platform is not directed at or suitable for use by children under the age of 13 or equivalent minimum age in the relevant jurisdiction (“minimum age”). Users under the minimum age are not permitted to use the platform. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accessing or using the Services, you confirm that you can form a binding contract with us, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your Ripple Account (as defined below) by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
We may amend these Terms at any time, or from time to time, for any reason, including, but not limited to, when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform. However, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms, unless otherwise provided under these Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
To access or use some of our Services, you may use your existing TikTok account and/or Apple account to log into the Platform and a Ripple account (“Ripple Account”) will be automatically generated after completing the required verification steps. You agree that you are solely responsible (to us and to others) for the activity that occurs under your Ripple Account or during your access to or usage of our Services.
We reserve the right to disable your Ripple Account or block your access to or usage of our Services at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Ripple Account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services and would like your Ripple Account deleted, you may click “Account Cancellation” on the “Settings” page and follow the steps indicated therein. Once you choose to delete your Ripple Account, you will not be able to reactivate your Ripple Account or retrieve any of the content or information you have added.
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. In accessing and using the Services, you must at all times comply with all applicable laws, rules, and regulations. Without limiting the generality of the foregoing, you may not without our prior written consent:
· access or use the Services if you are not (a) fully able and legally competent to agree to these Terms or (b) authorized to use the Services by your parent or legal guardian (where applicable);
· make or attempt to make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof;
· distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
· market, rent, or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
· use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
· interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
· incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate your Ripple Account or terminate or limit your access to the Services in our sole discretion;
· use automated scripts to collect information from or otherwise interact with the Services;
· impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, transmit, or otherwise make available emanates from the Services;
· intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· use or attempt to use another’s Ripple Account, service, or system without authorization from us, or create a false identity on the Services;
· use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
· use the Services to upload, transmit, store or otherwise make available in any way:
· use the Services in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Services;
· attempt to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any other third party (including another user) to protect the Services or the Platform;
· attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
· use any meta tags or other hidden text or metadata utilizing a trademark, logo URL, or product name of ours;
· use Ripple, or any component thereof, for any purposes other than as expressly permitted herein; and
· encourage or enable any other individual to do any of the foregoing.
You agree that you are solely responsible (to us and to others) for the activity that occurs during your access to or usage of our Services. We reserve the right, at any time and without prior notice, to remove or disable access to the Services at our discretion for any reason or no reason.
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. Your account may be suspended or terminated for multiple copyright violations in connection with the use of the Platform. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the Ripple Accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights
As between you and us, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, existing audio (including, by way of example and not limitation, audio files, audio loops, built-in sound files, sound sets, sound settings), videos, music, impulse responses, samples on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Ripple Content”), are either owned or licensed by us, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Ripple Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
For the avoidance of doubt, you may broadcast and/or distribute your own soundtracks that were created using the Ripple Content. However, individual Ripple Content may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, clipart, music beds, sound effects, sound files, sound libraries, stock animation, or similar contents.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
Except as required by applicable law, we make no representations, warranties or guarantees, whether express or implied, that any Ripple Content is accurate, complete, or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. You acknowledge and agree that we do not endorse and are not responsible or liable for (i) the availability or accuracy of such links; or (ii) the content, products, or services on or available from such links. You should assume sole responsibility for and all risks arising from your use of any such third-party link.
Users of the Services may create, upload, process, or transmit content through the Services including, without limitation, any text, audio files, data, information, and other items (“User Content”). Users of the Services may also overlay music and other elements provided by Ripple (“Ripple Elements”, which are included as part of the User Content) onto this User Content and transmit this User Content through the Services. In particular, you can use Ripple to process any User Content that you upload, for the purpose of applying automatic audio processing algorithms. You can also transmit and distribute the User Content, including User Content that includes Ripple Elements, by means of exporting the new media files created by Ripple to other services provided by us or third parties. If you elect to export media files to third-party services, you do so entirely at your own option and risk. We have no control over these third-party services, nor are we associated with or endorsing such services. Please read the terms of use and privacy policy of any third-party services you choose to engage with.
You or the owner of your User Content still own the copyright in User Content sent to us. However, when you share, upload or transmit User Content through the Services, you grant to us a worldwide, non-exclusive, royalty-free, transferrable, sublicensable (through multiple tiers) license to host, use, display, distribute, transmit, make available, communicate to the public, modify, copy, publicly perform, translate, or create derivative works of such User Content.
You hereby grant us a license to use your User Content to train our data sets, artificial intelligence, and machine intelligence technology to improve our Service.
You further grant us a royalty-free license to use your user name, image and voice to identify you as the source of any of your User Content, including without limitation in connection with the operation, marketing and promotion of the Platform and the Services; provided, however, that your ability to provide an image and voice may be subject to limitations due to age restrictions.
Waiver of Rights to User Content. By sharing, uploading or transmitting User Content through the Services, you waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content.
The Information and materials in the User Content, including User Content that includes Ripple Elements, have not been verified or approved by us. You are solely responsible and legally liable for all User Content, including to any third party, and we are neither responsible nor liable for such User Content, including the accuracy, integrity, appropriateness, quality, or content of such User Content, or for the use, availability, deletion, correction, destruction, damage, or loss thereof.
Whenever you access or use a feature that allows you to create, upload, process, or transmit User Content through the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Ripple Elements, on sites or platforms hosted by us or third parties. If you decide to do this, you must comply with the relevant content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You represent and warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not transmit to us any User Content that you consider to be confidential or proprietary. When you upload, share, or transmit User Content through the Services, you agree, represent and warrant that (i) you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to transmit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content, and (ii) that all User Content complies with all applicable laws and regulations.
We take reasonable measures to expeditiously remove from our Services any infringing or inappropriate material that we become aware of. We have the right (but do not obligate ourselves) to remove, disallow, block, or delete any User Content (i) that we determine violates these Terms and/or the applicable laws and regulations, or (ii) in response to complaints from other users or third parties, with or without notice, in our sole discretion and without any liability to you. It is also our policy, in appropriate circumstances and at our discretion, to remove, disable or terminate access to and/or Ripple Accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others or otherwise fail to comply with the Terms and/or the applicable laws and regulations. As a result, we recommend that you save copies of any of your User Content on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Complaints. You acknowledge and agree that in certain circumstances, we have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
If you wish to complain about information and materials (including User Content) uploaded by other users, or if there is another issue you wish to raise with us, please contact us at Contact@ripple.club.
If you believe that any content uploaded or made available through our Services infringes your copyright, you may file a "Copyright Infringement Report" by visiting the "Settings" page, then tapping the "Report Problem" link and submitting a notification including the information below. You may also submit a copyright infringement notification to us at Contact@ripple.club. The notification must include the following:
Please consider whether fair use or a similar exception to copyright applies before you submit a notification, and please also be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under applicable laws.
We will take commercially reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is our policy, under appropriate circumstances and in our discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
Backup. Ripple is not a data storage or backup service. Although we take reasonable precautions to preserve and protect the User Content stored in the database used by us to provide the Services, you shall not rely on the Service as your storage facility. We are not liable for damage to, deletion of, or failure to store any User Content. Unless otherwise provided, we do not backup your User Content, and you are responsible for keeping backups of your own work.
Our services include software that’s offered under open source license terms or other license terms. There may be some provisions in those licenses that explicitly override parts of these terms with respect to the third-party software, so please be sure to read those licenses.
Some features on Ripple are deployed based on a machine learning model that derives from the Stable Diffusion, which is subject to the Use Restrictions in Attachment A of CreativeML OpenRAIL-M license. Any violation of these Use Restrictions is a violation of the Terms.
Some features on Ripple use a model based upon Bloom, which is subject to the Use Restrictions in Attachment A of the bigscience-bloom-rail-1.0. Any violation of these Use Restrictions is a violation of the Terms
You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of our/their respective officers, directors, employees, licensors, agents, advisors, successors and assigns from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of or in any way related to: (i) your use or misuse of the Services, including but not limited to your User Content, Feedback, third-party websites, and any actions taken by a third party using your Ripple Account, other than as expressly authorized in these Terms; (ii) a violation or breach by you (including any user of your Ripple Account) of these Terms; or (iii) a breach of your obligations, representations, and warranties under these Terms.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ENTITLED TO.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO GUARANTEES, CONDITIONS, WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
· YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
· YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
· ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
· DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, NON-INFRINGEMENT, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, AND TO THE LARGEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR:(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR (VI) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
· ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
· THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
· YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
· YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR NON-COMMERCIAL AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YO’'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.
Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms,which can be found at Open Source Notice.
Entire Agreement. These Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.
Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The website in which you are linking must comply in all respects with the content standards set out at "Your Access to and Use of Our Services" above. We reserve the right to withdraw linking permission without notice.
Access and Interference. The Platform may contain measures, such as robot exclusion headers, to prevent or restrict access to the Platform. You agree not to interfere or attempt to interfere with the proper working of the Platform and not to bypass the robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
ARBITRATION AND CLASS ACTION WAIVER. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of our services and/or products, including the Services, or relating in any way to the communications between you and us or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and us. However, this arbitration agreement does not (a) govern any Claim by us for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Funnico Inc., 251 Little Falls Drive, Wilmington, Delaware 19808, USA
Email Address: Contact@ripple.club
The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to Contact@ripple.club within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at our sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content by contacting us at: Contact@ripple.club. All requests must be labelled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labelled or sent properly, and we may not be able to respond if you do not provide adequate information.
Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by us hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple
By downloading the Platform from a device made by Apple, Inc. ("Apple") or from Apple's App Store, you specifically acknowledge and agree that:
Contact Us. You can reach us at: Contact@ripple.club