NATURE OF SERVICES. BR provides sites and services that are, unless otherwise expressly stated, advertising sites and services. BR displays advertising on behalf of businesses and BR relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does BR endorse and/or have any other undisclosed connection with the businesses that advertise with us.
CHANGES TO TERMS. BR may periodically modify and supplement these TOU, with or without notice to you. You are responsible for regularly checking these TOU for revisions, which will apply to your access on or after their listed Effective Date.
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use BR and be bound by the TOU, or (2) use BR on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use BR in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell content from BR. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with BR, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect BR content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You agree not to collect BR user information or interfere with BR. You agree we may moderate BR access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
INTELLECTUAL PROPERTY RIGHTS. Unauthorized Use of Content. Using the Services or accessing BR does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of BR, all of which is owned by BR, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOU, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of BR, without express of BR.
Unauthorized Use of Marks. Using the BR does not give you any rights to use any of our trademarks, service marks, trade dress, trade names, or the like or third-party marks, used in connection with the BR, without express permission from the owner. Although BR protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of BR Marks by a third party; accordingly, do not rely upon any third party’s use of any BR marks in determining whether a third party is affiliated with BR, as such use may be unauthorized.
DISCLAIMER & LIABILITY. To the full extent permitted by law, BlueRipple Technologies LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“BR Entities”) (1) make no promises, warranties, or representations as to BR, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide BR on an “AS IS” and “AS AVAILABLE” basis and any risk of using BR is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with BR. BR Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to BR, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
PROHIBITED CONDUCT. You may use the BR materials or content made available to you only as expressly permitted by this TOU and only in a manner that does not interfere with BR’s right or ability to provide BR sites/services or any third party’s right or ability to use or enjoy the BR sites/services. Without limitation, you may not:
a. Infringe, violate, or transgress any right of any party;
b. Attempt to bypass, disrupt or interfere with the security, provision or use of BR sites/services;
c. Impersonate another person or entity, misrepresent your affiliation with a person or entity (including BR), or use a false identity;
d. Attempt to obtain unauthorized access to the BR sites/services;
e. Engage, directly or indirectly, in any type of unsolicited communication;
f. Collect, manually or through an automatic process, information about other users without their express consent or other information relating to the BR sites/services;
g. Submit false or misleading information to BR;
h. Violate any law, rule, or regulation;
i. Use any BR marks or other portion of the BR sites/services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes;
j. Use the blueripple.com domain name or any domain name that is confusingly similar to this or another BR domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service;
k. Link to or “frame” any BR site (including deep linking to a specific portion of any BR site) or overlay content on the services or use or display the search results from the BR sites/services for your own or a third party’s commercial benefit;
l. Conduct script searches or use search results of BR in a manner that results in the automated display of any material or other information on a third party wbsite;
m. Use BR to compile information about a product or service for use in connection with a listing for a competitive product or service;
n. Take any action that may undermine the ratings or review or similar process(es) within BR; or
o. Assist any third party in engaging in any activity prohibited by this TOU. BR reserves the right, but not the obligation, to monitor BR for the purpose of determining that your usage is in compliance with this TOU.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to BR (“Claims”) will be governed by the internal laws of Delaware, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Delaware (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Delaware; (2) indemnify and hold BR Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of BR; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
TRADEMARKS. BlueRipple and the wave symbol logo are pending trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world.
MISC. Users complying with prior written licenses may access BR thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. Questions? Email [email protected]