TRACES TERMS OF SERVICE
Last Revised: February 4, 2016
Welcome to Traces — the app that allows you to experience content in location from Ripple, Inc. (“Ripple,” “we,” “us” or “our”).
These Terms of Service (“Terms”) apply to your access and use of the mobile application (the “App”), website (“Site”), and other online products and services (collectively, the “Service”) of Ripple.
Accepting these Terms
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
For users in the European Union: You understand that use of the Service may include disclosures to persons located outside of the European Economic Area, including countries that do not have laws that protect personal information in the same manner as countries within the European Economic Area.
Description of the Service
Through the App, you can leave a digital message (together with images, videos) (a “Trace”) at a physical location for other specified users to pick up with their smartphones when they are at those physical locations before a certain point in time. To deliver a Trace, you must select the intended recipient from your contact list and then specify where you want the Trace to be visible. Accessing the specially placed Trace requires the recipient of the Trace to go to a specified GPS location at the right time and raise his or her smartphone in search of a floating droplet. Once the recipient’s smartphone aligns with the droplet, the droplet bursts and the content of the Trace is received.
You are responsible for your use of the App. Ripple is not responsible for anything you may encounter while using the App (including, but not limited to, physical hazards, traffic, and other people). Accordingly, you must exercise due care when using the App — always be fully aware of your surroundings at all times while trying to obtain the contents of a Trace.
When you create an account you must maintain the security of your device and accept all risk that someone may access your account without your permission if they gain access to your device. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Ripple reserves the right to deny any account at our discretion.
Right to Use the Service
On the condition that you fully comply with these Terms, Ripple grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Ripple that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service, or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
Prohibited Use of the Service
You may not post or otherwise make available on or through the Service any of the following:
Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);
Content that is libelous, defamatory, abusive, offensive or hateful;
Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
Viruses, corrupted data or other harmful, disruptive or destructive files or code;
Content that, in Ripple’s judgment, is objectionable, may restrict or inhibit another from enjoying the Service or may expose Ripple or users of the Service to harm or liability of any type; and/or
Content that you are contractually or legally required to keep confidential.
Also, you may not do any of the following in connection with the Service or other users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
Collect any personal information about other users;
Intimidate, threaten, stalk, bully or otherwise harass other users;
Post spam or commercial messages through the Service;
Create an account or any Trace if you are not over 13 years of age;
Use the Service for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.
Your use of the Service is at your own risk. Ripple is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Ripple is not liable for the content of any Traces. Although we have no obligation to screen, edit or monitor Traces, we reserve the right, and have the discretion, to screen, edit or remove any Traces at any time, for any reason and without notice.
Reporting and Removal
Ripple users may report content to Ripple that they think violates these Terms, and Ripple may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Ripple has adopted a policy of terminating, in appropriate circumstances and at Ripple’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Ripple may also at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Service infringes upon any copyright that you own or control, you may file a notification with Ripple’s Designated Agent as set forth below:
Designated Agent: [_____BEAU LOTTO_______]
Address of Designated Agent: [__2100 PACIFIC AVENUE, SAN FRANCISCO, USA, 94115__________]
Email Address of Designated Agent: [firstname.lastname@example.org____]
Fax Number of Designated Agent: [____________]
Phone number of Designated Agent: [____+44 7515 563260________]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Ripple or the alleged infringer as the result of Ripple relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
As between you and Ripple, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content that is constituent to the app is owned by Ripple or is used with permission. Ripple reserves all rights not expressly set forth in these Terms.
Any suggestions, comments or other feedback you give us about the Service (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
You acknowledge and agree that by accepting these Terms or using the Service you affirmatively consent to Ripple’s use of your location information.
You may revoke your consent with respect to Ripple’s use of your location information at any time by deleting the App from your mobile device.
If you consent to our use of location information and you do not subsequently stop the use of this location information, Ripple will continue to use this location information.
If you consent to our use of location information, subsequently stop the use of this location information and later consent to the use of this location information, Ripple will resume the use of location information.
Ripple takes reasonable measures to protect your location information from theft, misuse and unauthorized access.
EXCEPT AS REQUIRED OTHERWISE OF RIPPLE BY APPLICABLE LAW, THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING TRACES) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING TRACES).
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL RIPPLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING, THE APP AND ANY TRACE), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF RIPPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF RIPPLE AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Ripple account.
Third Party Software
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third party software.
Changes to the Service
Ripple reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Ripple will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at email@example.com.
Suspension and Termination
Ripple may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at Ripple’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH RIPPLE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RIPPLE.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Ripple agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Ripple are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Ripple will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use or the Service.
Enforcement of these Terms is solely at Ripple’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at firstname.lastname@example.org or send a letter to:
2100 Pacific Avenue
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to 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 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
TRACES OFFICIAL PRIZE RULES
The Site and the App are owned and operated by Ripple Inc. 2100 PACIFIC AVENUE, SAN FRANCISCO, USA, 94115
These Official Rules are part of our Terms of Service. Capitalised terms which are not defined in this document are defined in the Terms of Service.
NO PURCHASE NECESSARY.
- Any prize obtained through The Traces App is redeemable for the time stated.
- Ripple Inc reserve the right, in its sole discretion, to refuse any claim to a prize for any reason.
- It is your responsibility if you catch a Prize via the App to redeem the prize within the stated time frame. Ripple Inc. cannot and will not be held responsible for failure to collect a prize
- Prizes are not paid automatically. To claim their Prize, Winners must follow the instructions shown on screen and redeem their prize at the stated location.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You understand and agree that the Site, the Service and the Content are provided “as is” and that you use the Site, the Service and the Content at your own risk. To the fullest extent permitted by applicable law, Ripple Inc expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, Ripple Inc. does not assume any responsibility for whether or not you win a Prize; the timeliness, deletion, mis-delivery or non-delivery of information by any means; failure to store any User communications or personalisation settings; restriction or loss of access; any bugs or other errors; unauthorised use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, Ripple Inc. does not warrant that the Service or any part of it will be uninterrupted or error-free.
The Official Rules and the relationship between you and Ripple Inc. shall be governed by the laws of England without regard to any conflict of law provisions of any jurisdiction. You and Ripple Inc. agree to submit to the exclusive jurisdiction of the English courts, except that Ripple Inc may seek injunctive relief in any jurisdiction in order to enforce its rights under the Official Rules.
Sponsored by Ripple Inc. 2100 PACIFIC AVENUE, SAN FRANCISCO, USA, 94115
Neither Apple nor Google is a sponsor of Ripple or involved in Ripple’s online prize promotion service.
NOTICE REGARDING APPLE
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad.
You and Ripple acknowledge that the terms are solely between you and Ripple, and not with Apple, Inc. (“Apple”), and that Ripple, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store (“App Store”). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service (“Apple Usage Rules”) as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.
Scope of License
The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.
Maintenance and Support
Ripple is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Ripple. However, you understand and agree that, in accordance with these Terms, Ripple has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
You and Ripple acknowledge and agree that as between Apple and Ripple, Ripple, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You and Ripple acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Ripple, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address
2100 Pacific Avenue
Third Party Beneficiary
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third-party beneficiary thereof. However, the right of Ripple to terminate, rescind or make any change to these Terms is not subject to the consent of any other person.