TERMS AND CONDITIONS OF USE ———THIS HAS TO BE UPDATED
Effective: January 1, 2016
Welcome to Rip Bull Networks, a messaging services for mobile devices offered by Rip Bull Networks, Inc. (“Rip Bull” or “we” or “us” or “our” or other similar pronouns).
Emergency Services: Rip Bull Networks does allow you to make emergency calls, however, an emergency call through Rip Bull Networks will be routed through your usual phone service provider, charges may apply depending on your regular phone plan.
Check Restrictions on use: In some countries there are restrictions on the use of the licensed software. It is your responsibility to ensure that you are legally allowed to use Rip Bull Networks where you are located.
Rip Bull Networks
This License is a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to use the Platform on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Software available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Software. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Software, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Software, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You affirm that you have the ability to enter into this License. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either 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 this License, and to abide by and comply with this License. The Service is not intended for children under the age of 13.
Once you have downloaded the Licensed Software and become a Rip Bull Networks user, you can call any other Rip Bull Networks user for free. If you call a non-Rip Bull Networks user that call will be routed through your phone carrier and charges may apply depending on your phone plan. If you message a non-Rip Bull Networks user, the individual will receive a notification that they received a message via an alert along with instructions how to sign-up for Rip Bull Networks.
The Service also allows users to submit status text, photos, music and other communications (collectively, the “User Submissions”). These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who have your mobile ID in their mobile device and which you have not blocked. You acknowledge and agree that any of your User Submissions may be viewed by other users that have your mobile phone number. You retain your ownership rights in your User Submissions. You understand that whether or not such User Submissions are published, Rip Bull does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. User Submissions do not necessarily represent the views or opinions of Rip Bull, and Rip Bull makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Rip Bull to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. Please note, by submitting the User Submissions to Rip Bull, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in connection with the Service and Rip Bull’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant every user of the Service a non-exclusive license to access your User Submissions through the Service. You further agree that you will not violate any of the restrictions listed in Your Obligations set forth in paragraph 8 below. Rip Bull does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. Rip Bull does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and we will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. To file a copyright infringement notification to us, please send a message to email@example.com.
The Service allows users to follow Public Chats conducted on the Licensed Software
Public Chats are conversations held between groups of participants who have a common interest or affiliation, and are chatting amongst themselves, on Rip Bull Networks, while any Rip Bull Networks User choosing to follow such Public Chat publically views the chat.
Rip Bull Networks Public Chats may include content that is suitable for PG13, and therefore, a Rip Bull Networks User choosing to follow a Public Chat must be at least 13 years old.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service, to suspend or terminate users, and to block participants of Rip Bull Networks Public Chats without liability to you. We also reserve the right to respond to user support requests or reports provided through the Rip Bull Networks Service, or protect the rights, property or safety of Rip Bull, its users and the public.
You can always unfollow a Rip Bull Networks Public Chat if you find it to be unsuitable for you in any way and/or block any users.
In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
Rip Bull may automatically check your version of the Licensed Software. Rip Bull has no obligation to make available any updates. However, Rip Bull may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
Rip Bull does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”) to be confidential information. If you send any Feedback to Rip Bull through the Site, social networks or otherwise, you acknowledge and agree that Rip Bull shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Rip Bull’s right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
You may link to the Site from another website owned by you, 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 by Rip Bull where none exists. You may not frame the Site on any other website. Rip Bull may revoke the permission to link to the Site at any time at its sole discretion.
Rip Bull reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Rip Bull shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that Rip Bull and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the App and/or any Services that Rip Bull may wish to make from time to time, or for any decision to suspend, discontinue or terminate the App, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
Rip Bull may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Platform services from time to time. In the event of any increase in the price or material reduction in the features of your Account, such change(s) will be communicated to you. Rip Bull will provide in-app notifications of the proposed changes and/or an email to the then current email address that we have on record. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account, your continued use of your account will constitute your acceptance of the changes to your account.
By using the Licensed Software, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Software. We may use this information to improve our Service.
If you choose to use the Service to call a number outside of the Rip Bull Networks community, you may be charged under your personal phone plan. You are responsible for all activities that occur under your User Account. You agree to notify Rip Bull immediately of any unauthorized use of your User Account or any breach of security with respect to your User Account. Rip Bull will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. Rip Bull takes no responsibility for your failure to comply with the obligations in this paragraph.
You may not:
The Site may contain links to other third party websites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Rip Bull’s control, and Rip Bull is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM, ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You will indemnify, defend and hold harmless Rip Bull from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
You will not use or export the Licensed Software or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The License is effective until terminated by you or us. You may terminate your relationship with Rip Bull at any time. If you are using our Service, you may simply cease to use or delete our Licensed Software. Rip Bull has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Software, and destroy all copies, full or partial, of the Licensed Software.
In addition, Rip Bull has the right to terminate its relationship with you, or may terminate or suspend your use of the Service at any time:
Rip Bull shall effect such termination by preventing your access to the Service, where applicable. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
The Service, including the Site and Licensed Software (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Rip Bull or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Software and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the Rip Bull Technology.
Notice and Take Down Procedures; Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the Site, Service and Licensed Software do the same. If you believe that any materials accessible on or from the Service infringes your copyrights, you may request the removal of those materials (or access thereto) by contacting our copyright agent.
Rip Bull may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Rip Bull. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Rip Bull.
The laws of the State of California, excluding its conflicts of law rules, govern this License and your use of the Licensed Software. You expressly agree that the courts in the State of California, San Francisco County have exclusive jurisdiction over any claim or dispute with Rip Bull or relating in any way to your use of the Licensed Software or Service. Your use of the Licensed Software and Service may also be subject to other local, state, national, or international laws.
If you have any questions about this Policy, our practices related to the Platform, or if you would like to have us remove your account please feel free to contact us at the following: firstname.lastname@example.org.
This License is the entire agreement between you and Rip Bull relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by Rip Bull or otherwise with the written agreement of Rip Bull.