Acceptance of terms

This Web site and other Internet Web sites operated or controlled by subsidiaries and affiliates of RippleFLIX, LLC. (“Site(s)”) include content, text, information, advertising, data, audio/visual materials, “applets,” and software (collectively, “Content”), as well as communication tools, access to email services (through RippleFLIX or other email providers), online directories, administrative services, download areas, discussion forums, search, account management tools, access to certain content (e.g., news, weather, stocks and sports), certain diagnostic tools, games and other information (“Services”). The Services may themselves contain Content, and Content and Services are sometimes collectively referred to as the “Resources”.

Your use of the Sites (and any Site that links to these Terms) and any Resources provided on the Sites is subject to these terms of use (the “Terms”) which form an agreement between you and RippleFLIX, LLC and its applicable subsidiaries and affiliates (collectively, “RippleFLIX”) regarding your use of the Sites. Certain Resources may also be subject to additional terms and conditions, whether on a particular Site or in a separate written or electronic agreement between you and RippleFLIX, and RippleFLIX’s obligations with respect to such Resources are solely as defined in such other agreements, and nothing in these Terms is intended to modify them.

Your use of the Sites (and any Site that links to these Terms) and any Resources provided on the Sites is subject to these terms of use (the “Terms”) which form an agreement between you and RippleFLIX, LLC and its applicable subsidiaries and affiliates (collectively, “RippleFLIX”) regarding your use of the Sites. Certain Resources may also be subject to additional terms and conditions, whether on a particular Site or in a separate written or electronic agreement between you and RippleFLIX, and RippleFLIX’s obligations with respect to such Resources are solely as defined in such other agreements, and nothing in these Terms is intended to modify them.

Registration information: Username and password

If you access the Sites anonymously, you will not be required to create a user name. However, in order to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account. You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify immediately RippleFLIX of any unauthorized activity regarding any of your accounts or other breach of security. RippleFLIX may in its discretion suspend or terminate any of your user names and passwords at any time with or without notice.

Management of your data

You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Sites. Minimum systems requirements apply to the use of the Sites and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. RippleFLIX is not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information, including without limitation, email and address book information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple RippleFLIX servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any RippleFLIX server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.

Privacy policy: Legal compliance

RippleFLIX’s Privacy Policy at /about/privacy-policy/ (the “Privacy Policy”) governs your use of the Sites and it is incorporated in these Terms by reference. The Privacy Policy explains, among other things, what information is gathered from visitors to the Sites, how it is used and retained, and ways visitors can restrict the use or disclosure of information we collect. Through your use of the Sites you consent to the collection and use of the information that you submit through the Sites, subject to the terms of our Privacy Policy. RippleFLIX reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring of the RippleFLIX network consistent with applicable law. In addition, RippleFLIX is required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any such information, including the identity of users, account information, images and other facts to law enforcement personnel. Information you provide to a third party Web site is governed by that Web site’s terms and policies and these Terms or our Privacy Policy.

Limitations on use: Unmoderated areas and third-party links

You acknowledge and agree that RippleFLIX (a) is not responsible for invalid destinations or transmission errors; and (b) does not guarantee your ability to access all Sites or Resources or that the Resources are secure or will meet your needs.

You understand and agree that RippleFLIX (and its third party suppliers and licensors (collectively “Licensors”)) have no control over third party networks or web sites that you may access in the course of your use of the Sites. The inclusion of any linked sites or content from the Sites does not imply endorsement of the linked site or content by RippleFLIX. In no event shall RippleFLIX or Licensors be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party’s web site, or the information or material accessed through such web sites. Access to any of the third party Web sites linked to from any of the Sites is entirely at your own risk and is solely governed by the terms and policies applicable to third party Web sites, and not these Terms. Accordingly, you should carefully review the privacy and other policies and terms of such third party web sites. In addition, certain areas of the Sites may contain Content from other users, and RippleFLIX and its Licensors assume no responsibility for the accuracy, quality, or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any emails, message boards, chat rooms or similar Services reflecting user-generated content, and we do not endorse any advice or opinion contained therein. You acknowledge that through your use of certain areas of the Sites, you may have access to Content or information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Sites by children is your responsibility and that RippleFLIX and its Licensors are not responsible for access by you or any other users to objectionable or offensive content. RIPPLEFLIX STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE. You agree that your use of the Sites and the Internet, without limitation, is your sole responsibility, is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

Acceptable use

If the use of a Site or Resource by you or anyone using your account, in RippleFLIX’s sole discretion, violates these Terms or any other RippleFLIX agreement or policy, is objectionable or unlawful, or interferes with, disrupts or degrades the functioning or use of the Internet or the RippleFLIX network by RippleFLIX or other users then, without limiting any other right or remedy RippleFLIX may have, RippleFLIX may suspend, deny or restrict your access to any Site or Resource (and to take any other action RippleFLIX deems appropriate to protect RippleFLIX, our users and other Internet users). Without limiting the general policy stated above, you agree not to use the Sites (including by linking to the Sites), or any Resources, in any manner that:

  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
  • infringes or misappropriates RippleFLIX’s or a third party’s intellectual property, confidentiality, or other rights;
  • advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
  • distributes advertising or promotional content;
  • compiles, uses, downloads or otherwise copies any user information and/or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
  • provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the any of the Sites or that is available through the Sites;
  • accesses (or attempts to access) any of the Resources by any means other than through the interface that is provided by RippleFLIX. You specifically agree not to access (or attempt to access) any of the Resources through any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means, that accesses the Resources in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
  • interferes with or disrupts the Resources (or the servers and networks which are connected to the Resources), whether via malicious software or otherwise; and/or
  • reproduces, duplicates, redisplays, frames, makes copies of, or resells the Resources for any purpose.

Additional access and use restrictions may appear elsewhere on the Sites. In particular, forums, blogs or similar community-focused Sites or Resources may attach their own standards of conduct as is appropriate for the intended audience. You agree to abide by such additional restrictions. The Sites are intended solely for your private and personal use on your computer. Any other use or any attempt to use the Sites or Resources for commercial or other purposes is strictly prohibited.

Consent to monitoring and disclosure

While RippleFLIX is under no obligation to monitor the Sites or the Resources, you agree that RippleFLIX may monitor the Sites periodically to (1) comply with any applicable laws, rules, regulations or governmental requests; (2) to operate the Sites and Resources properly and/or efficiently, (3) to assist those using the Sites and Resources; or (4) to protect itself and its users. RippleFLIX reserves the right to modify, reject or eliminate any Content or Feedback that we, in our sole discretion, believe violates these Terms.

Software licenses

We may provide you software Content for use in connection with the Services which is owned by RippleFLIX or its Licensors (“Software”). We reserve the right periodically to update or change the Software remotely or otherwise. You may use the Software only in connection with the Services and for no other purpose.

Certain Software may be accompanied by an end user license agreement (“EULA”) from RippleFLIX or a third party. Your use of the Software is governed by the terms of that EULA and by these Terms, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.

For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by RippleFLIX or its Licensors to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of RippleFLIX or its Licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and/or proprietary information owned by RippleFLIX or its Licensors. You may not modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that RippleFLIX or its Licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited. Your license to use the Software will remain in effect until terminated by RippleFLIX or its Licensors.

Copyright notice: Intellectual property and submitted material policies

RippleFLIX expects that its users will from time to time use the Site or Resources to submit suggestions or comments about RippleFLIX’s products or services, including the Resources or Site. If you decide to transmit feedback, creative ideas, or materials, such as ideas for products, services, promotions, product names, technologies or processes, whether in the form of answers, questions, comments, suggestions, expressive works, plans, or otherwise (but excluding any completed software applications which shall be submitted in accordance with the last paragraph of this section) (“Creative Submissions”), via the Site(s) or Resources, RippleFLIX must protect its ability to pursue strategies or exploit ideas, whether coming from RippleFLIX’s employees or from third parties, that may be the same or similar to the such submissions. By transmitting, uploading, posting or submitting any Creative Submissions, you hereby grant to RippleFLIX an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Creative Submissions in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that RippleFLIX is not under any obligation of confidentiality or restriction, express or implied, with respect to the Creative Submissions or other feedback.

By transmitting, uploading, posting or submitting any information or material using the Sites (including, without limitation Creative Submissions; collectively, the “Submitted Material”), you represent and warrant that: (i) such Submitted Material is not confidential, secret or proprietary information belonging to someone else; (ii) such Submitted Material does not violate these Terms and will not cause injury to any person or entity; and (iii) no other party has rights in the Submitted Material, in whole or in part, and that your transmission, posting, uploading or submission of the information does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against RippleFLIX, or its licensors, successors or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in Submitted Material or any portion thereof. RippleFLIX is not responsible for back-up or restoration of Submitted Material or for any loss of or disablement of access to your Submitted Material.

With respect to certain RippleFLIX initiatives – such as the “RippleFLIX Developer Community” – that encourage third party developers to develop and submit completed software applications (such as “apps” or “widgets”) for use by our customers, RippleFLIX may provide certain Site(s) or Resources that may allow you to submit such completed software applications to RippleFLIX. The license rights that you grant to RippleFLIX with respect to such submitted software applications will be solely as contained in an applicable separate agreement with RippleFLIX, or in separate license terms reflected in or references by the Site or Resource allowing for such submission. Copyright 2015 RippleFLIX.

Digital Millennium Copyright Act (DMCA)

Filing a DMCA notice alleging copyright infringement:

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on RippleFLIX’s system or network should be promptly sent in the form of written notice to RippleFLIX’s Designated Agent:

Designated Agent for DMCA Notices

RippleFLIX Copyright Department

Need Address and agent, U.S.A.

Fax 206???-???

Email DMCA@rippleFLIX.com

NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

Signature of copyright owner or person authorized to act on behalf of the owner;

Identification of copyrighted work claimed to be infringed;

Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);

A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is the policy of RippleFLIX that upon receipt of a valid DMCA notice RippleFLIX will remove or disable access to allegedly infringing material.

NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).

Filing a DMCA counter-notification:

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to RippleFLIX’s Designated Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)).  A valid counter-notification must be a written communication that includes all of the following elements:

A physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, RippleFLIX will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement.  The original complainant will then have ten (10) days to notify RippleFLIX that it has filed a lawsuit relating to the allegedly infringing material otherwise RippleFLIX will restore the removed material or cease disabling access to it.

Repeat Infringer Policy

Pursuant to Section 512 of the DMCA, it is RippleFLIX’s policy to terminate the account of repeat copyright infringers in appropriate circumstances.

Trademarks

The RippleFLIX name and logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of RippleFLIX and may not be used in any manner without the prior written consent of RippleFLIX. All other trademarks and service marks are the property of their respective owners.

How to report child pornography

Child pornography is illegal under federal law and many state laws, and using RippleFLIX Online services to view, store or distribute it is a violation of these Terms. To be clear, the RippleFLIX network may not be used by customers in any fashion for the transmission or dissemination of images containing child pornography.

RippleFLIX wants to make the Internet safe for everyone. If you see what you believe is child pornography, or observe any other illegal activity involving children, you can report it to RippleFLIX by sending us an e-mail. You can also make a report directly to the National Center for Missing and Exploited Children (“NCMEC”) through CyberTipline or by calling NCMEC at 1-800-843-5678.

Disclaimers of warranty

RIPPLEFLIX AND ITS LICENSORS PROVIDE THE SITES AND RESOURCES “AS IS”, “AS AVAILABLE “AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. SHOULD THE SITES OR ANY RESOURCE BE DEFECTIVE, YOU, AND NOT RIPPLEFLIX OR ITS LICENSORS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. RIPPLEFLIX AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITES AND RESOURCES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RIPPLEFLIX AND ITS LICENSORS MAKE NO WARRANTY THAT THE SITES OR RESOURCES WILL MEET YOUR REQUIREMENTS OR THAT THE SITES OR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY RIPPLEFLIX, ITS AFFILIATES, LICENSORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. RIPPLEFLIX AND ITS LICENSORS MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR RESOURCES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES OR RESOURCES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR RESOURCES OR FROM RIPPLEFLIX OR ITS SUPPLIERS OR LICENSORS (OR THE RESPECTIVE OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE RIPPLEFLIX PARTIES”) SHALL CREATE ANY WARRANTY. RIPPLEFLIX DISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation of liability

IN NO EVENT WILL ANY OF THE RIPPLEFLIX PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF USE OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES OR RESOURCES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY RIPPLEFLIX PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify, defend and hold harmless RippleFLIX Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ and experts’ fees, arising from or related to claims made by any third-party due to or arising out of (a) Submitted Material or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Sites or Resources, (b) your use of the Sites or Resources (or use of the Sites or Resources by any parties who use your computer, with or without your permission), (c) your violation of these Terms and/or your violation of any laws or regulations or the rights of another through the use of the Sites or Resources (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with RippleFLIX or your ceasing to use the Sites or Resources. RippleFLIX reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with RippleFLIX in asserting any available defenses.

International and export issues

Certain subsidiaries or affiliates of RippleFLIX only provide certain regulated telecommunications and other services in certain portions of the United States. If you choose to access any Site from outside the United States, you are responsible for compliance with all applicable laws, rules, regulations, decrees and orders (collectively, “Laws”). You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Sites and you agree that you shall not transfer, or authorize the transfer, of any Content to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Content may not be exported or re-exported, in violation of any Laws, (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using any Content subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Changes to the sites and these terms

All information posted on the site is subject to change without notice and RippleFLIX reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Sites or any part thereof to any user or group of users, without prior notice and for any reason or no reason. RippleFLIX reserves the right, from time to time, to amend or change these Terms (including any of the policies which may be applicable to your use of the Sites) by posting such revisions to the page located in this section (or successor web site). You agree to visit that Web site periodically to be aware of and review any such revisions. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Services after the date on which the Terms have changed, RippleFLIX will treat your use of the Services as acceptance of the updated Terms, with prospective effect.

These Terms, together with (i) any additional terms to which you agree when using particular elements of a given Site, and, where applicable, (ii) any separate written or electronic agreement between you and RippleFLIX, constitute the entire and exclusive and final statement of the agreement between you and RippleFLIX with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and RippleFLIX with respect to such subject matter. RippleFLIX’s failure to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that these Terms shall be governed and construed in accordance with the laws of the State of Idaho, and any legal action or proceeding between RippleFLIX and you for any purpose concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Idaho. RippleFLIX may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party (other than the RippleFLIX Parties) with a remedy, claim, or right of reimbursement.

Privacy Policy

This is the Privacy Policy of rippleFLIX, LLC  (for the purposes hereof, “rippleFLIX,” “we” or “us”). rippleFLIX provides an online video service (the “Vimeo OTT” or “our service”) that allows video content owners and licensors (each a “Producer”) to offer their video programs (each a “Program”) for sale to consumers via Producer websites and applications (each a “Producer Site” or “Producer App,” respectively) that rippleFLIX powers.

Consumers: In order to purchase a Program (including through a subscription), a consumer (“you”) must create an account with (i) rippleFLIX; and (ii) the Producer offering the Program. By creating an account an account with a Producer, you agree to provide your information (as described more fully in Section 2) to the Producer as well as rippleFLIX. By using the rippleFLIX Service, you consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy.

Producers: In order to use our service to sell Programs to consumers, a Producer must create an account with rippleFLIX (a “Producer account”). Where the context permits, references to “you” in this Privacy Policy shall include Producers. By creating a Producer account, (i) you consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy; and (ii) you agree to comply with our Acceptable Consumer Privacy Practices Policy with respect to consumer information that you receive.

PRODUCER PRIVACY PRACTICES

When you create an account with a Producer, the Producer will receive your account information, including email address, Purchase history (but not payment card information), location (as determined by IP address), and activities related to your use of the Producer’s Programs, Program Sites, and Program Apps. This information will be made available to the Producer via the Vimeo OTT Service. Producers are subject to rippleFLIX’s Acceptable Consumer Privacy Practices Policy. If you believe that a Producer is not complying with that policy, please notify us.

ACCOUNT SECURITY

You are solely responsible for (i) maintaining the security of your account(s) and (ii) all activity that occurs under your account(s). You must notify us immediately if you suspect any unauthorized access to or use of your account(s). If you forget your account login information, you may request that we send it to the email address associated with your account(s).

INFORMATION THAT WE COLLECT

rippleFLIX, and vendors acting on rippleFLIX’s behalf, may collect information from and about you as follows:

Account-related Information: To create an account, you must provide certain information, including your email address and a password. We may allow you to submit additional information including an avatar. You may provide other information about yourself in connection with surveys, contests, special offers, customer support inquiries, and other communications with us.

Program Usage Information: We collect information about your use of the rippleFLIX Service, including your accessing, viewing, and downloading of Programs.

Payment Information: If you purchase a Program or a subscription to a Program channel (each such transaction, a “Purchase”), you must provide valid payment card information. This information is collected directly by our payment vendors and is not received or stored by rippleFLIX or any Producer.

Information Collected Automatically: We collect information about your use of our websites and applications. This may include your activities, your IP address, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system or device type, date/time stamps, and related metadata.

Producer Information: If you create a Producer account, (i) you may need to provide certain tax and financial information in order to receive payments and/or make payments; and (ii) you agree that your Program Sites and Program Apps will be publicly available and that the Programs you sell will be available for purchase by consumers.

TRACKING TECHNOLOGIES AND THIRD PARTY DATA COLLECTION

Tracking Technologies: We use standard tracking technologies such as pixels and cookies to track user activities on our websites and applications. For more information about cookies, please see our Cookie Policy.

Third Party Platforms: When you use an application that runs on a third party platform (e.g., iOS, Roku, etc.), the provider of that third party platform may collect information about you and your use of our application.

Analytics and Advertising: We may use third party analytics services to collect data about usage of our services. We may allow third party advertising companies (including advertising agencies, networks, and delivery vendors) to collect data regarding advertisements that they may place on our websites. Third party analytics providers and advertising companies may use cookies to track your activities. Some advertising companies may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies.

HOW WE USE YOUR INFORMATION

rippleFLIX may use the information that we collect about you to:

  • Fulfill your orders and deliver Programs and other services to you;
  • Provide customer support to you;
  • Analyze how our services are being used;
  • Communicate with you;
  • Verify your eligibility to make purchases and participate in offers;
  • Collect any debts, prevent fraud, and otherwise protect the integrity of our systems;
  • Enforce our legal rights;
  • Perform any functions described at the time of collection; and
  • Otherwise operate our business.

DISCLOSURES TO THIRD PARTIES

rippleFLIX may disclose information about you as follows:

Authorized Service Providers: We may disclose your information to service providers involved in operating our business. This includes payment providers, email service providers, content delivery networks, cloud storage providers, analytics companies, and professionals such as accountants and lawyers.

Legal Situations: We may disclose your information when we believe in good faith that (i) disclosure is required by a search warrant, subpoena (whether criminal or civil), civil investigative demand, court order, or a request for cooperation from a law enforcement or other government agency; (ii) disclosure is appropriate and necessary to report a suspected crime (including any case of suspected child exploitation) or prevent physical harm to an individual or property; (iii) disclosure is appropriate and necessary to enforce our rights; and (iv) disclosure is required by law. Nothing in this Privacy Policy shall be deemed to create any third party right, and we reserve the right to object to any third party requests for information in appropriate circumstances.

Affiliates and Corporate Transactions: We may disclose your information to our parent companies in connection with operating our business. In the event rippleFLIX is involved in a business transition that involves the sale, merger, or divestment of Vimeo or its parent companies, we may disclose any information about you to the acquiring entities. The transferred information will remain subject to the provisions of this Privacy Policy, as updated.

To the Public: We may publicly disclose aggregated user statistics and other information. If you create a Producer account and sell a Program, rippleFLIX may publicly disclose the fact that you are a content seller that uses the rippleFLIX Service.

EMAILS

When you create an account, you may receive certain emails:

Transaction emails: When you first register with rippleFLIX, we may send you a welcome email that provides information about the rippleFLIX Service and your account. If you make a Purchase, we may send you an email confirming your Purchase. We may also, from time to time, send you other emails concerning your account status. You may not opt-out of receiving transactional emails.

Newsletters: We may send you newsletters and other emails about new or upcoming rippleFLIX products, services, or offers. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.

Emails from Producers: When you Purchase a subscription, you agree to receive emails from the Producer.

  • Producers may, via the rippleFLIX Service, send emails concerning the availability of new Programs in a subscription that you have purchased. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.
  • Some Producers may email you directly (i.e., through non-rippleFLIX systems). rippleFLIX does not control these emails and opting out of rippleFLIX-sent emails will not cause an opt-out with respect to these emails. To opt out of emails sent directly by Producers, please follow the opt-out instructions set forth in the Producers’ emails.

SECURITY MEASURES

We use security measures to protect the loss, misuse, and unauthorized alteration of the information under our control. Please be advised, however, that we cannot guarantee that our security measures will prevent disruptions or unauthorized access from occurring.

YOUR PRIVACY CHOICES

You may choose not to provide us with certain information. If you fail to provide us with certain information, you might not be able to use certain services that we offer.

You may change your account information or close your account(s) at any time by logging into your account and selecting account settings. If you close an account, you may lose access to Programs that you have purchased. We may preserve your account information (i) for a period of time in case of accidental deletion or in case you change your mind; and (ii) where we believe in good faith that preservation is required by law or necessary to enforce our rights.

USING OUR SERVICES FROM OUTSIDE OF THE UNITED STATES

This Privacy Policy is intended to cover collection of information on or via our service from residents of the United States. If you are using our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data privacy and protection laws of the United States might not be as comprehensive as those in your country. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

CHILDREN’S PRIVACY

rippleFLIX does not knowingly collect any personal information from individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information through the rippleFLIX Service without your consent, you can ask us to remove such unauthorized information by contacting us at info@rippleflix.com.

THIRD PARTY SERVICES

We or a Producer may provide links to third party websites and applications. We have no control over such services and therefore refer you to their privacy policies for information on their respective privacy practices.

DATA TRANSFER

rippleFLIX is headquartered in the United States and uses computer systems, servers, and databases located in the U.S. If you reside outside the U.S., your data will be transferred to, stored in, and processed in the U.S. To facilitate the transfer of data from certain countries in Europe to the U.S., we adhere to the self-regulatory regulatory EU-US and Swiss-US Privacy Shield frameworks and comply with the EU General Data Protection Regulation (GDPR). Please read our Data Transfer Statementfor more information about these frameworks and laws, your rights, and how you may resolve complaints with us.

UPDATES

We may update this Privacy Policy from time to time by posting an updated Privacy Policy on the rippleFLIX website. Your continued use of our services constitutes your agreement to the updated Privacy Policy on a prospective basis.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us at:

rippleFLIX
PO Box 3230
Hailey, Idaho, 83333
Attn: Data Protection Officer

Who can I contact if I have concerns about this Privacy Policy?

◦If you have concerns regarding this Privacy Policy, including if you believe that RippleFLIX may have incorrect information for you, you may email us at privacy@rippleFLIX.com. You may also contact us by mail at: Attention: Legal Department

◦The privacy@rippleFLIX.com email address is used only for communications about our Privacy Policy. If you have general questions about the RippleFLIX Services, please contact us through the “Contact Us” page on rippleFLIX.com.