Terms and Conditions

Updated: 12/1/2020

Ripspot is a digital memorial platform designed to honor the loved ones of its users. Our services are designed to provide a lasting tribute to the departed, including friends, relatives, or pets of users. We want you to share the content you upload and feel free to express yourself, but not at the expense or safety of others. You therefore agree to the following terms.

Introduction

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use our Services. You agree that by clicking to accept or agree to the Terms of Use when this option is made available to you, registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Ripspot. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and not loner accessing or using our Services.

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Notice and Cookie Notice, which covers how we collect, use, share, and store your personal information.

You are entering into this Contract with Ripspot (also referred to as “we” and “us”). This Contract applies to Ripspot.com, Ripspot-branded apps, and other Ripspot-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”).

By using our Services, you represent and warrant that you are of legal age to form a binding contract with Ripspot.

Changes to the Terms of Use

Our services may evolve over time, especially as technologies improve or become available. Likewise, we may revise and update these Terms of Use, Privacy Notice and Cookie Notice from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of the Services following the posting of revised Terms of Use, Privacy Notice, and Cookie Notice means that you accept and agree to the changes. While we will make the effort to announce changes to our Terms of Use to our users, it is your responsibility to adhere to the most recent version. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your Account

Members are account holders. You agree to (1) use a strong password and keep it confidential; (2) not transfer any part of your account and (3) follow the law. You are responsible for anything that happened through your account unless you close it or report misuse.

Rights and Limits

We take ownership and intellectual property very seriously. All content you upload, create, or share is yours and your responsibility and therefore You acknowledge that digital social media platforms are designed to share content. When you share your content with others, they may in turn share your content with their own networks — without your knowledge. For this reason, you own the content you upload and create, and you accept responsibility for its accuracy and authenticity.

As between you and Ripspot, you own the content and information that you submit or post to the Services, and you are only granting Ripspot the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

  • While we may edit and make format changes to your content (such as modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

You and Ripspot agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Notice.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights).

Sharing of Content

We have designed our platform with sharing in mind. We allow users to freely express themselves — in a respectful manner — paying tribute to their loved ones. As such, you adhere to the terms and conditions of not just our platform but the platforms you choose to share your Ripspot content with, namely Facebook, Twitter, Instagram, and all similar social media platforms.

Intellectual Property Rights

Ripspot reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Ripspot and other Ripspot trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Ripspot.

Reporting a Violation

We ask that you respect others’ intellectual property and copyrights. We do not allow the posting of content that violates others’ rights. If you feel that your rights or the rights of others have been violated, please contact Ripspot and bring such instances to our attention.

Likewise, if you find content that is inaccurate or misrepresentative of an individual, please bring this to our attention by contacting us. The same is true if you find content that is offensive or harmful.

We value the freedom of expression but recognize that some content may be inappropriate, harmful, or even unlawful. We reserve the right to remove such content and report offensive, harmful, or unlawful content to the appropriate law enforcement authorities.

We work hard to ensure that our users have a free and safe environment to pay tribute to their loved ones, and we will take all necessary measures to maintain this. Accordingly, we reserve the right to remove a user’s account in its entirety without reimbursement should they violate these terms and conditions. We do not monitor or moderate the content as it is uploaded. As a social media platform, we rely on our users to bring violations to our attention, and we make it easy for them to contact us.

Privacy

You do not need an account to view a Ripspot. All Ripspot pins, corresponding names, and profile pictures are viewable by the general public.

Creating a Ripspot requires the creation of a user account. When you create a Ripspot, we ask that your username be the name you use in everyday life. We believe this is important for accountability and to help ensure the content’s authenticity.
We do not rely on advertising; therefore, we do not make your account information and data available to anyone. We work constantly to ensure that your user account and information is kept private. Your user profile and login credentials are yours alone, and up to you to safeguard. You may share your information with anyone you choose, but we also make it easy to transfer ownership of your account to a person of your choosing.

Please refer to our Privacy Notice for more details on our privacy practices.

Disclaimer, Limit of Liability, and Limit of Access

No Warranty

RIPSPOT MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, RIPSPOT DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limits on Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIPSPOT WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES INCURRED AS THE RESULT OF CONTENT ON ITS PLATFORM OR YOUR USE OF THE PLATFORM. ALL CONTENT IS THE RESPONSIBILITY OF THE USER WHO CREATED IT.

Limits on Access

By becoming a member of Ripspot and setting a Ripspot pin, you understand, acknowledge, and agree that you are provided with virtual visual access to the location of the pin. You also understand, acknowledge, and agree that said virtual visual access does not grant you a permission, license, or easement to access the actual physical location of the pin. You understand, acknowledge, and agree that pin locations may be located on public and/or private land, and that there may be no access, limited access, or restricted access to the physical location. Should you try to access the physical location of the pin (and we direct you not to do so), you understand, acknowledge, and agree that you may be subject to local laws of civil and/or criminal trespass. In the event that a landowner, municipality, or government entity rightfully requests that a pin be removed from a location, we reserve the right to remove the pin and notify you of the same. You also understand, acknowledge, and agree that the location of a pin may not be solely private, as there could be other members of Ripspot that choose the same pin location or a pin location adjacent to your pin location.

Indemnification

You agree to defend, indemnify, and hold harmless Ripspot, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Ripspot's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maine without giving effect to any choice or conflict of law provision or rule (whether of the State of Maine or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maine. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Ripstop's sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maine law.

Waiver and Severability

No waiver by Ripspot of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ripspot to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Cancelation & Refund

The creation of a Ripspot and the subsequent publishing and sharing of it is a Service rendered. If you are not satisfied with our Service, you may contact Ripspot to inquire about a Refund within 30 days of Publishing the Ripspot in question. A Ripspot will automatically renew annually, beginning a year after its initial publication. We will notify you in advance of renewal. You may cancel at any time. You may cancel at anytime by emailing us at support@ripspot.com.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and Ripspot regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.