Last Revision: June 15, 2015

ripplemark, inc. Terms of Use

Terms of Use

Please read these Terms of Use, our Privacy Policy, and our ripplemark Guidelines (collectively, the "Agreement" or “Terms of Use”) carefully before using http://ripplemark.co/ (the "Site") and/or the other domains, products, services, and/or content provided by ripplemark, inc. (all of those collectively with the “Site”, the "Services", or “WebSite”) (ripplemark, inc., a Delaware corporation, collectively with its agents, consultants, employees, officers and directors, "ripplemark," "we," or "us"). By accessing this WebSite (“you”, “Cause Community”, or “User”) are agreeing to be bound by these WebSite Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this WebSite are protected by applicable copyright and trade mark law.

1. Definitions

The “WebSite” or “Site” shall mean the hosted Site provided by ripplemark, inc. at http://www.ripplemark.co/ through which it offers a social giving platform that facilitates crowdfunding for “Cause Communities” hosting “Campaigns” that various “Users” support through monetary “Contributions.” The Site is to be used by anyone accessing the internet through various devices that run software that is compatible with ripplemark’s structure. ripplemark makes no promise and does not intend to provide access through any and all internet connected devices. ripplemark is accessible only through platforms designated by ripplemark. In order to use the WebSite you must have internet access and necessary minimum specifications. ripplemark may never be accessed through software or web-based application entry points which are not provided and approved prior by ripplemark.

For purposes of these Terms of Use: "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through ripplemark’s Services; “Cause Community Content” or “User Content” is all Content that is posted or otherwise provided or transferred to ripplemark by Cause Communities or Users (including, without limitation, by you); and Content also includes, without limitation, all Cause Community or User Content.

2. Use License

You must be 18 years or older, or between 13 to 17 and using the ripplemark Site and Services with parental or legal guardian permission, to use ripplemark services, Site, or provide any information to ripplemark per US federal and state law. Otherwise you may only use the Services if you are legally allowed to enter a contract, are not using a Cause Community or User’s account without his/her permission, or your use of ripplemark has not been suspended, restricted, or terminated by ripplemark.

This is the grant of a license for a personal, non-exclusive, non-transferrable, non-commercial, limited and revocable license to use the Site for personal use only on a Device owned or controlled by Cause Community or User as permitted by the usage rules contained in the relevant third-party mobile application terms and conditions in accordance with these Terms of Use, not a transfer of title, and under this license you may not:

  • use the Site to bully, harass, or intimidate any Cause Communities or Users;
  • attempt to decompile or reverse engineer any software contained on ripplemark, inc.'s WebSite;
  • access, change, tamper, obstruct, modify any of the non-public areas of ripplemark, or its servers and/or its service providers;
  • attempt to enter, hack or breach any security measures that ripplemark or its service providers have in place;
  • remove or scrape any copyright or other proprietary notations from the materials;
  • transfer the materials to another person or "mirror" the materials on any other server;
  • use false or inaccurate ripplemark Cause Community or User accounts;
  • use ripplemark for phishing attacks, scams, deception, false source identifying information; uses or launches of any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
  • attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempt to damage, disable, overburden, or impair ripplemark servers or networks;
  • fail to comply with applicable third-party mobile application terms and conditions or other third-party policies
  • attempt to gain unauthorized access to ripplemark’s Cause Communities or User accounts; or
  • interfere with the ripplemark Services provided to its Cause Communities or Users, subscribers, or third parties including and without limitation to spamming, sending viruses, overloading servers and services.

Should you access ripplemark through a mobile device, you acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using ripplemark. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing ripplemark or any such third party charges as may arise. you accept responsibility for any such charges that arise.

By joining ripplemark you agree that you will not use the Services to do anything illegal in the United States or anywhere else in the world. you will not sell, distribute or offer:

  • Illegal drugs, controlled substances, drug paraphernalia, or products that come under any government regulatory agency’s purview;
  • Anything that promises to promote hate, injury, death, or destroy property;
  • Any type of financial product (including but not limited to stocks, bonds, real estate, insurance, financial service, or banking) that may be perceived to be a security, financial service, or a financial product by any reasonable person;
  • Gambling or anything that can be perceived as gambling;
  • Equity or ownership interest in any type of business, company, venture, or investment
  • Items that are copyrighted, or might violate others’ intellectual property rights or privacy; or
  • anything that violates these Terms of Use in any manner.

You agree that ripplemark’ features, such as interaction with social media Sites, may use, maintain, or transmit your personal information, including, without limitation, information for and from third-party social-media accounts ("Cause Community or User Information"). By acknowledging and agreeing to these Terms of Use, or by using the Site, you consent to the transmission of your personal information to ripplemark, including its agents and third-party partners, and consents to ripplemark, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using your personal information for Site functionality and for the purposes disclosed in ripplemark’s Privacy Policy.

You are solely responsible for the confidentiality and security of personal information sent from or stored on the device accessing ripplemark. you are also solely responsible for any and all activities, including authorized and unauthorized actions, undertaken by anyone with an account registered in your name. you agree to immediately notify ripplemark of any and all unauthorized use associated with ripplemark and any breach of account information security. you are responsible for taking steps to protect account and personal information that might provide access to a ripplemark account including without limitation thoroughly password protecting any device used to access ripplemark and using remote-wipe features on device used.

You agree that ripplemark is not a vendor or manufacturer of any products that are made available for sale, or rewarded, on ripplemark through Cause Community rewards or Cause Community Campaigns as well as that ripplemark is not responsible for the fulfillment of any rewards promised or made available on ripplemark by Cause Communities using ripplemark.

You agree in the event of a dispute between a User and a Cause Community about anything related to use of the Site, that ripplemark is not responsible to mediate, satisfy, or communicate between the parties involved. In some events, ripplemark may provide contact information for the Cause Community.

You agree that ripplemark is simply a passive conduit of Cause Community and User content without any responsibility to monitor, validate, authenticate and, or contribute opinion or responsibility to disputes between Cause Communities and Users.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ripplemark, inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. ripplemark Services change often and will continue to change without notice.

ripplemark reserves the right to modify, limit, stop any use of Services by any Cause Community or User without notification and at its sole discretion, or assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Site that ripplemark reasonably believes is or might be in violation of these Terms of Use, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

You agree that ripplemark may delay or withhold payment of any monies collected through ripplemark’s Services. Also, ripplemark may reverse or refund any Contributions or amounts of money that is collected as the result of your use of ripplemark, all without notice as well as without liability for any damages resulting from actions. ripplemark is not responsible to consult or seek guidance on any action from a third party. Payment processing services for Users on ripplemark are provided by Stire and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms of Use or continuing to operate as a User on ripplemark, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of ripplemark enabling payment processing services through Stripe, you agree to provide ripplemark complete and accurate information about your business, and you authorize ripplemark to share it and transaction information related to your use of the payment processing services provided by Stipe.

ripplemark will not provide refunds for Contributions to Campaigns or ripplemark fees. Any monies exchanged on the Site are not refundable. Credit cards are accepted on ripplemark for Contributions to Campaigns. ripplemark is not responsible for performance of Stripe or credit card companies.

3. Cause Community or User Content

Cause Communities and Users retain ownership of all intellectual property rights in their Cause Community or User Content, and ripplemark and/or third parties retain ownership of all intellectual property rights in all Content other than Cause Community or User Content.

When you transfer Cause Community or User Content to ripplemark through ripplemark service, you give ripplemark a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which ripplemark Services are available), and create derivative works from the Cause Community or User Content. The rights you grant in these Terms of Use are for the limited purpose of operating ripplemark Services in accordance with their functionality, improving ripplemark Services, and allowing ripplemark to develop new Services. The reference in this license to "derivative works" is not intended to give ripplemark a right to make substantive editorial changes or derivations. ripplemark Cause Communities and Users further acknowledge and agree that you, the Cause Community or User, and you alone are responsible for the development and creation of Cause Community or User Content.

Upon termination of your Account, or upon your deletion of particular pieces of Cause Community or User Content from ripplemark Services, ripplemark shall make reasonable efforts to make such Cause Community or User Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Cause Community or User Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Cause Community or User Content may not be entirely removed (due to the nature of reposting, for example).

4. Privacy Policy

For information about how ripplemark collects, uses, and shares your information, please review our Privacy Policy. you agree that by using the Terms of Use you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by ripplemark and any ripplemark Affiliates.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

5. Disclaimer

The materials on ripplemark, inc.'s WebSite are provided "as is". ripplemark, inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ripplemark, inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this Site.

6. Pricing and Taxes

Please refer to www.ripplemark.co/pricing for pricing for Cause Community Campaigns on ripplemark. Cause Communities and Users will be notified at the next login as well as by email provided to ripplemark of any pricing change and you will be forced to indicate your agreement with the terms of such revised pricing before any continued use of the Site. ripplemark accounts are free to create and free for Users to Contribute to Campaigns. ripplemark charges fees as a portion of the amount of money raised through Campaigns. In order to maximize, the value of $1.00 and $5.00 transactions, Users are required to pay the associated Stripe processing fee of 2.9% + $0.30. Nonprofit fee schedule is available at www.ripplemark.co/nonprofit. ripplemark will make available statements showing amounts raised or contributed to Cause Communities or Users. Cause Communities and Users are solely responsible for taxes incurred through the use of ripplemark.

7. Limitations

In no event shall ripplemark, inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ripplemark, inc.'s Internet Site, even if ripplemark, inc. or a ripplemark, inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Revisions and Errata

The materials appearing on ripplemark, inc.'s WebSite could include technical, typographical, or photographic errors. ripplemark, inc. does not warrant that any of the materials on its WebSite are accurate, complete, or current. ripplemark, inc. may make changes to the materials contained on its WebSite at any time without notice. ripplemark, inc. does not, however, make any commitment to update the materials.

9. Use of Trademarks

Any use of ripplemark’s trademarks, branding, logos, and other such assets in connection with the Terms of Use shall use ripplemark’s approved branding and shall be in accordance with the ripplemark Trademark Guidelines.

10. Links

ripplemark, inc. has not reviewed all of the sites linked to its internet WebSite and is not responsible for the contents of any such linked Site. The inclusion of any link does not imply endorsement by ripplemark, inc. of the Site. Use of any such linked website is at the Cause Community or User's own risk.

11. Site Terms of Use Modifications

ripplemark, inc. reserves the right to change or modify these terms of use or any other ripplemark, terms, conditions, or policies related to use of the Site (including the Privacy Policy identified herein) for its Site at any time and will notify each Cause Community or User at the next instance of login as well as through their registered email. Each Cause Community or User will have to accept the modifications or changes in the Terms of Use after any change in order to continue to use ripplemark.

This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive Agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect.

12. Registration and Accurate Information

Any failure to provide accurate information to ripplemark may result in suspension and termination of your ripplemark account. you agree that you will not attempt to falsely hold yourself as someone else or otherwise impersonate an institution or person while using ripplemark.

Any Cause Community or User is responsible for the safety of its Username and password. ripplemark will not be liable for breach of accounts due to improper safeguarding of account Usernames and passwords. Notify ripplemark immediately of any breach, theft, or loss of passwords and or Usernames.

13. Indemnification

Cause Community or User agrees to indemnify and hold harmless ripplemark, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Site, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys' fees) occurring from or related to the use or misuse of the Site, violation of these Terms of Use, or violations of any rights of a third party, or any allegation thereof. ripplemark reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Cause Community or User, in which event the Cause Community or User will cooperate in asserting any available defenses.

14. No Warranties

RIPPLEMARK IS PROVIDING THE SITE AND CONTENT TO THE USER "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE SITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, RIPPLEMARK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

15. Limitations of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL RIPPLEMARK OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS SITE OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITE; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE SITE, OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE SITE. RIPPLEMARK, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS SITE OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall ripplemark, its agents or anyone involved in creating or providing this Site or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by Cause Community or User for use of the Site or $100, whichever is less.

16. Exclusions to Warranties and Limitation of Liability

Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 11, so the limitations above may not apply to you.

17. Termination

Either party may terminate this Agreement at any time by notifying the other party. ripplemark may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, ripplemark may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.

18. Governing Law

Any claim relating to ripplemark, inc.'s WebSite shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Delaware or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in internet commerce and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

You and ripplemark agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and ripplemark otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and ripplemark agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Delaware. Both you and ripplemark consent to venue and personal jurisdiction there.

19. Third Party Beneficiaries

Cause Community or User agrees that ripplemark’s service providers, licensors, or others involved in creating or providing the Site are third party beneficiaries to this End-Cause Community or User License, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

20. Miscellaneous

This Agreement is not assignable, transferable, or sublicensable by you except with ripplemark’s prior written consent. ripplemark may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ripplemark in any respect whatsoever. Any notice to ripplemark that is required or permitted by these Terms of Use shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to ripplemark, inc., {ripplemark-address}, Attn: Legal Department.

Please contact us if there are any questions for these Terms of Use at:
contact@ripplemark.co