1. Acceptance of Terms.
3. Your Access to the Service; Eligibility.
Ribbon may at any time and for any reason change its eligibility criteria for use of the Service. All users must be 13 years of age to access the Service, except that those under 13 years of age may access the Service with parental consent and supervision. While Ribbon has certain protections in place to prevent those under 13 from accessing the Service, Ribbon realizes that this will not prevent all access. Therefore, parents should monitor any child's use of the Service.
In accordance with Section 17 below, you are only entitled to use the Service in any jurisdiction that would give effect to Section 17 below.
4. Registering with Ribbon.
You represent, warrant and agree as follows with respect to the creation of a Ribbon account and the continued maintenance of the account:
5. Your Content and Information.
With respect to all text, images, photos, audio, video, location data, code, software, downloads, and all other forms of data or communication (collectively, "Content") submitted by you through or in connection with your use of the Service by way of invitations, messages, and other information that you publicly display in your account profile, you agree to assume all risks associated with the public display and sharing of your Content, including anyone's reliance on it for any purpose, or any disclosure by you of information in your Content that makes you personally identifiable. You represent and warrant to Ribbon that you own, or have the necessary permissions to use and authorize the use of the Content you share or display while using the Service, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property rights, and you also represent and warrant that the Content is not confidential or proprietary. You also acknowledge that Ribbon may edit or remove all or any portion of your Content at any time and for any reason in its sole discretion.
Though you own the Content you share or display while using the Service, you automatically and irrevocably grant Ribbon a perpetual, world-wide, non-exclusive, royalty-free, sublicensable, transferable right and license to use your Content for any purpose desired by Ribbon, including without limitation, publicly displaying it, reformatting it, editing it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, otherwise fully exploiting it and allowing others to do the same (with Ribbon's permission) in connection with their own websites, media platforms and applications ("Third Party Media"). Accordingly, you also hereby grant each (i) Third Party Media a non-exclusive license to access your Content through the Service, and to display, reformat, edit, incorporate it into advertisements and other works, create derivative works from it, promote and distribute your Content; and (ii) other user of the Service that is not Third Party Media, a limited license to use and download your Content for their personal, non-commercial use only. You also irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution against Ribbon with respect to your Content.
6. Ribbon Content and Information.
You may use the Service and download material from it for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices, but any other use is prohibited without Ribbon's prior written permission. You may not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
7. Your Conduct.
8. Unsolicited Ideas and Suggestions.
Ribbon is open to receiving feedback from you on how to improve the Service. If you would like to provide Ribbon with your feedback on the Service (existing products and services only), please do so by emailing us at firstname.lastname@example.org. Please do not provide us your feedback by any method other than through the email address stated in the previous sentence, including by direct communication to any Ribbon employer or agent. You understand and agree that Ribbon is not under any obligation to keep any feedback you provide Ribbon confidential and that Ribbon may use the feedback in any way it desires without any obligation to acknowledge or compensate you.
Though Ribbon welcomes your feedback on its existing products and services, Ribbon does not want to receive, and will not consider, any unsolicited ideas for new products or technologies, new names, new advertising or marketing campaigns or new promotions (collectively, "Unsolicited Ideas"). If you send Ribbon Unsolicited Ideas, you understand and agree that, notwithstanding any attempted modification of this Section 8 by you, whether through communication in an email, cover letter or otherwise, Ribbon: (i) has no obligations with respect to the Unsolicited Ideas, including without limitation, any obligation to keep, protect the confidentiality of or maintain or protect in any other way; and (ii) will own all Unsolicited Ideas it receives from you and it may use the Unsolicited Ideas in any way it desires, including without limitation, disclosing or redistributing the Unsolicited Ideas to third parties, all without restriction and without any obligation to acknowledge or compensate you.
9. Third Parties.
11. IP Infringement Policy.
Ribbon has adopted the following general policy ("Infringement Policy") toward claims of trademark or copyright infringement:
a. Claim of Trademark or Copyright Infringement. It is Ribbon's policy to respect the intellectual property rights of others. Ribbon will not knowingly post, or allow users to post, content of any kind on the Service that infringes the copyright rights or other intellectual property rights of others. To report a claim of trademark or copyright infringement, please send a written statement (no emails, please) setting forth the information in items (i) through (vii) below to Ribbon's designated agent to receive claims of copyright or trademark infringement ("Designated IP Agent"). If Ribbon receives a written statement setting forth all of such information it will review the statement and take whatever action, in its sole discretion, it determines is appropriate, including without limitation, temporary or permanent removal from Ribbon's product offerings of the infringing mark or copyright. Your statement should include all of the following:
(i) Provide: (a) a list of each trademark or copyrighted work at issue; (b) if applicable, the country in which each trademark listed is registered; and (c) if applicable, the registration number of each trademark at issue.
(ii) Identification of the material that you claim infringes the trademark or copyright, as well as information regarding the location of the allegedly infringing materials (e.g., the URL for the web page on which the content appears).
(iii) A statement that you have a good faith belief that allegedly infringing material is not authorized to be used by other than the trademark or copyright owner.
(iv) A statement representing that: (a) the trademark or copyright owner has done an investigation of the infringement, but has not been able to locate the alleged infringer; or (b) the trademark or copyright owner has contacted the alleged infringer who has refused to comply with the trademark owner's requests.
(v) The following statement: "I represent that the information in this statement is true and correct and that I am the owner of the trademark or copyright or authorized to act on behalf of the trademark or copyright owner."
(vi) Your contact information including your address, telephone number and e-mail address. If you are not the owner of the trademark or copyright that has been allegedly infringed, please describe your relationship to the trademark or copyright owner.
(vii) Your physical or electronic signature.
b. Procedure to Supply a Counter-Notice to the Designated IP Agent. If you are a content provider or user whose material was removed from Ribbon's product offerings or to which access has been disabled from Ribbon's product offerings, and you believe that the material that was removed or to which access has been disabled is not infringing, or that you have the right to post and use such material, in order to have your material reinstated or access to your material reopened, you must first send a counter-notice containing the following information to the Designated IP Agent:
(i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
(ii) A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
(iii) Your contact information including your address, telephone number and e-mail address.
(iv) A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Ribbon is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
(v) Your physical or electronic signature.
Ribbon will respond to all counter-notices and comply with applicable law. Ribbon may, in its sole discretion, send a copy of any counter-notice received by its Designated IP Agent to the original complaining party informing that party that it may replace the removed material or cease disabling it in fifteen (15) days. Unless the trademark or copyright owner files an action seeking a court order against the content provider or user within the fifteen (15) day period and provides Ribbon with evidence of the filing, Ribbon may replace or restore access to the material in question.
Please send all notices and counter-notices to:
Ribbon Labs, Inc.
Attn: Designated IP Agent
2356 California Street #3
San Francisco, CA 94115
12. Ribbon Trademarks.
14. Disclaimer of Warranties; Limitation of Liability.
You agree to release Ribbon from all liability relating to your connections and relationships with other users. In no event shall Ribbon be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Service, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Service. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Service, particularly if you decide to meet such individuals in person.
EACH OF THE PARAGRAPHS BELOW IN THIS SECTION 14 ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING IN THIS SECTION 14 IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
THE SERVICE, AS WELL AS ALL RIBBON AND USER CONTENT, IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. RIBBON MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE CONTENT.
THE RIBBON PARTIES MAKE NO CLAIM OR PROMISE WITH RESPECT TO ANY THIRD PARTY MAKING USE OF THE SERVICE OR WITH WHOM OR WITH WHICH YOU MAY COMMUNICATE WHILE USING THE SERVICE, INCLUDING OTHER USERS. IN ADDITION, YOU ACKNOWLEDGE THAT RIBBON DOES NOT IN ANY WAY SCREEN USERS NOR DOES IT INQUIRE INTO THE BACKGROUND OF USERS OR ATTEMPT TO VERIFY THEIR BACKGROUND OR STATEMENTS. ACCORDINGLY, THE RIBBON PARTIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF ANY THIRD PARTY AND YOU HEREBY RELEASE US FROM ALL SUCH LIABILITY, INCLUDING LIABILITY IN ANY WAY RESULTING FROM COMMUNICATIONS OR MEETINGS WITH USERS OR PERSONS YOU MAY MEET THROUGH THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK
THE RIBBON PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY RIBBON OR THIRD PARTIES THROUGH THE SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE RIBBON PARTIES SHALL CREATE A REPRESENTATION OR WARRANTY.
IN NO EVENT SHALL THE RIBBON PARTIES BE LIABLE TO YOU FOR (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES; (ii) LOSS OF REVENUE OR ACTUAL OR ANTICIPATED PROFITS; (iii) BUSINESS INTERRUPTION; (iv) REPUTATIONAL HARM; OR (v) LOSS OF INFORMATION, DATA OR GOODWILL.
Ribbon may, without any notice to you, close your account or prohibit you from using the Service or both for any reason in its sole discretion. You hereby release the Ribbon Parties for any loss or damage suffered by you relating to Ribbon's termination or restriction of access to your account.
16. Choice of Law.
Ribbon Labs, Inc.
2356 California Street #3
San Francisco, CA 94115