Welcome to www.riipen.com ("Riipen"). By accessing Riipen you are agreeing to the following terms, which are designed to make sure that Riipen works for everyone. Riipen is provided to you by Riipen Networks Inc., #214 – 1315 Esquimalt Rd, Victoria, BC, Canada. This policy is effective December 1, 2013.
You will post projects that are appropriate for students and will not abuse the platform in any of the following ways:
Riipen is a virtual platform of global scale that allows students and companies to meet. By using Riipen, you agree that your project can be viewed internationally. When you choose to post your project you are responsible for ensuring that it does not violate any international laws. We may remove your project if we believe it causes problems or violates any law or policy.
Riipen charges fees for certain services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and are subject to change. The fee for posting a project on Riipen does NOT guarantee that any student will want to complete your project. Please see our Tips on Making Your Project Appeal to Students for help to increase the chances of success of your project. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services that benefit our users. Our fees are non- refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services or remove your entire account from the site. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
Riipen contains content from us, you, and other users. You agree not to copy, modify, or distribute Riipen, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us at firstname.lastname@example.org and we will investigate the matter. We reserve the right to remove content where we have grounds for the violation of these terms or the rights of any other party.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any rights of the party. To report content to Riipen that you believe to be infringing on your copyright, trademark, or other intellectual property rights please email us at email@example.com. Only the owner of the intellectual property rights can report infringement to Riipen.
You agree not to hold Riipen or Riipen Networks Inc. responsible for the content that other users post or do. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Riipen, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of
Unless otherwise defined herein, or the context otherwise dictates, capitalized terms used in the Terms of Service shall have the meanings set forth in Exhibit “A” attached hereto.
(a) By directly or indirectly accessing or making use of the Services of Riipen Networks Inc. (the “Vendor”), and/or by clicking the acceptance button, the User signifies the User’s agreement to be bound by the Terms of Service, and represents and warrants that the User is older than 18 years of age and that the User has, and at all times shall have, the necessary power, capacity and authority to enter into, abide by, comply with and perform the User’s obligations under the Terms of Service.
(b) The Vendor reserves the right to, at its sole discretion, amend the Terms of Service at any time and without notice, the most current version of which shall always be available at https://riipen.com/terms-of-use. The User acknowledges and agrees that the continued use of the Services by the User or the User’s Agents, following any amendment of the Terms of Service, shall signify the User’s assent to, and acceptance of, such amended terms and conditions.
(c) If the User does not agree to the Terms of Service, or any subsequently amended term or condition thereof, the User and the User’s Agents may not use the Services, and any Terms of Service previously entered into must forthwith be terminated by the User pursuant to Section 11(a).
(a) Subject to the User’s compliance with the terms and conditions of the Terms of Service, the Vendor hereby grants to the User a revocable, personal, non-exclusive, non-sublicensable, non-assignable and non-transferable license to use the Services, exclusively in the manner set out in the Terms of Service.
(b) All right, title, interest, ownership rights and intellectual property rights in and to the Services and the trademarks of the Vendor, are and shall remain the property of the Vendor and its licensors, as applicable.
(c) The Vendor reserves all rights to the Services not expressly granted to the User herein, and without limiting the generality of the foregoing, nothing in the Terms of Service grants to the User, by implication, estoppel, or otherwise, any license or right to use the Services, any Content other than User Content and/or the Vendor’s name, domain names, trademarks, logos, or other distinctive brand features, other than as expressly set out in the Terms of Service.
(b) The User acknowledges and agrees that the User shall:
(a) The Organisation shall pay to the Vendor monthly, quarterly or yearly fees in advance based on the Usage Plan subscribed to by the Organisation during the applicable period and the In-Application Purchases made by the Organisation and the Organisation’s Agents during such period, calculated in accordance with the Fee Schedule (collectively, the “Organisation Fees”).
(b) The Organisation Fees shall be paid by credit card, by certified cheques or in another form of immediately available funds acceptable to the Vendor, acting reasonably. If the Organisation provides the Organisation’s credit card information through the Services or otherwise, the Organisation thereby agrees to the Vendor charging the Organisation Fees to the Organisation’s credit card without requiring any further notice to, or consent from, the Organisation, and the Organisation represents and warrants that such Organisation Fees shall be paid when due. Overdue amounts shall accrue interest at the rate of 18% per annum, or at the highest legal interest rate, if less. The Organisation shall reimburse the Vendor for all expenses (including reasonable attorneys’ fees) incurred by the Vendor to collect any amount that is not paid when due.
(c) The Organisation acknowledges and agrees that the Organisation shall be responsible for any and all currency conversion charges as well as sales, service, value-added, use, excise, consumption and any other taxes, duties and charges of any kind, if any, imposed by any federal, provincial or local governmental entity on any Organisation Fees payable pursuant to the Terms of Service, other than any taxes imposed on, or with respect to, the Vendor’s income.
(d) The Organisation acknowledges and agrees that, notwithstanding termination of the Terms of Service, the Organisation shall not be entitled to a refund from the Vendor, for any Organisation Fees or any pro rata portion of any Organisation Fees paid or payable to the Vendor pursuant to the Terms of Service:
(e) Notwithstanding any other term of the Terms of Service, the Organisation acknowledges and agrees that the Vendor shall be entitled to amend the Fee Schedule from time to time, by giving thirty (30) days written notice of such amendment to the Organisation, which notice shall amend the Fee Schedule accordingly, and shall be binding on the Organisation, as of the Organisation’s next monthly, quarterly or yearly billing cycle, as applicable. If the Organisation does not agree to such amended Fee Schedule, the Organisation may not use the Services after the end of the Organisation’s current monthly, quarterly or yearly billing cycle, as applicable, and the Terms of Service must be terminated by the Organisation pursuant to Section 11(a) on or before the last day of the Organisation’s current monthly, quarterly or yearly billing cycle, as applicable.
(a) The School shall pay to the Vendor monthly, quarterly and/or yearly fees, as set out in the School Order Form, and shall pay all fees resulting from In-Application Purchases made by the School and the School’s Agents during such period (collectively, the “School Fees”).
(b) The School Fees shall be paid by credit card, by certified cheques or in another form of immediately available funds acceptable to the Vendor, acting reasonably. If the School provides the School’s credit card information through the Services or otherwise, the School thereby agrees to the Vendor charging the School Fees to the School’s credit card without requiring any further notice to, or consent from, the School, and the School represents and warrants that such School Fees shall be paid when due. Overdue amounts shall accrue interest at the rate of 18% per annum, or at the highest legal interest rate, if less. The School shall reimburse the Vendor for all expenses (including reasonable attorneys’ fees) incurred by the Vendor to collect any amount that is not paid when due.
(c) The School acknowledges and agrees that the School shall be responsible for any and all currency conversion charges as well as sales, service, value-added, use, excise, consumption and any other taxes, duties and charges of any kind, if any, imposed by any federal, provincial or local governmental entity on any School Fees payable pursuant to the Terms of Service and/or School Order Form, other than any taxes imposed on, or with respect to, the Vendor’s income.
(d) The School acknowledges and agrees that, notwithstanding termination of the Terms of Service and/or the School Order Form, the School shall not be entitled to a refund from the Vendor, for any School Fees or any pro rata portion of any School Fees paid or payable by the Vendor in relation to: (i) the Initial Term (as defined in the School Order Form); and/or (ii) any Renewal Term (as defined in the School Order Form) where the Terms of Service and School Order Form was not terminated at least (30) days prior to the commencement of such Renewal Term.
(e) The School acknowledges and agrees that the Vendor shall be entitled to amend the School Order Form in accordance with the terms set out therein.
(a) The User may not use the Services to violate, infringe or appropriate any person’s privacy rights, publicity rights, right not to be defamed, copyrights, trademark rights, contractual rights or any other legal right.
(b) The User agrees not to copy, modify, alter, change, translate, decrypt, obtain or extract the source code of, create derivative works from, reverse engineer, reverse assemble, decompile, disassemble or reverse compile any part of the Services.
(c) The User agrees not to use or launch any automated system, including without limitation any “robot” or “spider” that accesses the Services. The User agrees not to collect or harvest any information in an automatic, bulk or systematic way, including any personally identifiable information, from the Services or Content.
(d) The User may not interfere with, or attempt to interfere with, the Services or the networks or services connected to the Services, whether through the use of viruses, bots, worms, or any other computer code, file or program that interrupts, destroys or limits the functionality of any computer software or hardware, or otherwise permit such activity.
(e) The User must use the Services in accordance with the Terms of Service and any and all applicable laws and regulations. The Vendor reserves the right to investigate and take appropriate action against anyone who, in the Vendor’s sole discretion, violates this provision, including without limitation, taking legal action or any action set out in Section 11(b).
(a) The User agrees that the Vendor typically does not, and has no obligation to, review, censor or edit the Content, or the contents of any third-party site or application, but may at the Vendor’s sole discretion do so at any time. The User acknowledges and agrees that the Vendor does not endorse Content, the contents of any third-party site or application or any opinion, recommendation, or advice expressed therein, and the Vendor expressly disclaims any and all liability in connection therewith. The User acknowledges and agrees that the Vendor assumes no responsibility for the content, privacy policies, or practices of any third-party, including without limitation, any third-party service provider which may host Content.
(a) Unless otherwise expressly set out in the Terms of Service, all right, title, interest, ownership rights and intellectual property rights in and to any User Content, and the User’s trademarks, are and shall remain such User’s property, such User’s Agents’ property and/or the property of its or their respective licensors, as applicable. Notwithstanding the foregoing, the User hereby acknowledges and agrees that some or all of the User Content may be inaccessible on or through the Services, including without limitation, due to an event set out in Sections 10 and 16(b).
(b) The User hereby acknowledges and agrees that User Content may be disclosed to, and accessible by:
(c) The User represents and warrants that the User owns or has all of the necessary licenses, rights, consents and permissions to use and authorize the Vendor to use all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all User Content, to permit inclusion and use of such User Content in the manner contemplated by the Services and the Terms of Service without violating, infringing or appropriating any person’s privacy rights, publicity rights, copyrights, trademark rights, contractual rights or any other legal right.
(d) The User hereby grants the Vendor an irrevocable, perpetual, worldwide, royalty-free, sublicensable and transferable license to use, host, reproduce, distribute, license, display, perform, modify and create derivative works of all User Content.
(e) The Vendor reserves the right to, with or without notice, remove any User Content for any reason whatsoever,including without limitation, any User Content that:
(a) The User acknowledges and agrees that any ideas, suggestions, concepts, processes, techniques, enhancement requests, recommendations, test results, data information and other output or feedback which the User provides to the Vendor related to the Services, the Vendor or the Vendor’s business, and any and all metadata, anonymized data, raw data and other information reflecting the access or use of the Services by the User (“Feedback”), shall become the Vendor’s property without any compensation or other consideration payable to the User by the Vendor, and the User does so of the User’s own free will and volition. The Vendor may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative into the Services, its other products and services, or any future versions or derivatives of the foregoing. The User shall and does hereby assign all rights on a worldwide basis in perpetuity to the Vendor in any Feedback and, as applicable, shall and does hereby waive any moral rights therein.
(a) The User may terminate the Terms of Service at any time and for any reason by initiating and completing the account cancellation process by emailing firstname.lastname@example.org.
(b) The Vendor may at its sole discretion at any time and for any reason, with or without notice:
(a) THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE USER AGREES THAT THE USER’S USE OF THE SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICES, SHALL BE AT THE USER’S SOLE DISCRETION AND RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE VENDOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICES AND THE USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY THE USER FROM THE VENDOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
(b) THE VENDOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND ABOUT THE ACCURACY OR COMPLETENESS OF ANY SITES, APPLICATIONS, PAGES OR SERVICES LINKED TO OR THROUGH THE SERVICES. THE VENDOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICE OR WEBSITE FEATURED IN ANY USER SUBMISSION, BANNER, SPONSOR MESSAGE OR OTHER ADVERTISING. THE VENDOR SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY OTHER USER OF THE SERVICES OR ANY THIRD-PARTY PROVIDERS OF ANY PRODUCT OR SERVICE.
(a) IN NO EVENT SHALL THE VENDOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS DIRECTLY OR INDIRECTLY, BE LIABLE TO THE USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF REVENUE, INCOME, PROFIT, REPUTATION, GOODWILL OR CUSTOMERS WHATSOEVER RESULTING FROM THE USER’S USE OF OR ACCESS TO THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION RESULTING FROM ANY:
(b) THE TOTAL AGGREGATE LIABILITY OF THE VENDOR FOR ANY AND ALL CLAIMS RELATED TO THE TERMS OF SERVICE SHALL BE LIMITED TO DIRECT DAMAGES SUFFERED BY THE USER, NOT TO EXCEED THE FEES ACTUALLY RECEIVED BY THE VENDOR FROM THE RELEVANT USER, UNDER THE TERMS OF SERVICE, DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ANY ACTION COMMENCED AGAINST THE VENDOR FOR ANY AND ALL CLAIMS RELATED TO THE TERMS OF SERVICE, SHALL BE BROUGHT WITHIN TWELVE (12) MONTHS AFTER SUCH CAUSE OF ACTION SHALL HAVE FIRST ARISEN.
(c) THE VENDOR DOES NOT CONTROL CONTENT AND DOES NOT GUARANTEE THE ACCURACY OR INTEGRITY OF SUCH CONTENT. THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT THE VENDOR SHALL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER.
(d) THE USER AGREES THAT, WITH RESPECT TO ANY DISPUTE RELATED TO THE TERMS OF SERVICE:
(e) ALL FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE VENDOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES) ARISING FROM:
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred, assigned or sold by the User, but may be transferred, assigned and sold by the Vendor without restriction.
The Services may use information and data transmission networks operated by third-parties to send data, information and Content from a computer or device to the Vendor’s servers, and to serve data, information and Content back to such computer or device. Depending on the User’s wired or wireless data or similar plan with such third-party operators, the User may incur charges from such third-party operators for use of its information and data transmission networks. The User is solely responsible for any and all costs, including without limitation wireless and cellular data costs, the User may incur as a result of the usage of the Services and/or as a result of data, information and Content submitted or received by the User’s computer or device through the Services.
(a) The User acknowledges and agrees that the Vendor may from time to time, at its sole discretion, make Updates available to the User, but is under no obligation to do so. The User acknowledges and agrees that Updates may require the User to enter into new terms of service or, alternatively, shall be subject to all terms and conditions of the Terms of Service.
(b) The User acknowledges and agrees that there may be occasions when the Services may be interrupted, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
(a) Nothing in the Terms of Service shall be construed to constitute the Vendor and the User as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, co-owners or otherwise as participants in a joint undertaking. The User shall have no right or authority to assume or create any obligation of any kind, express or implied, on behalf of the Vendor or waive any right, interest or claim that the Vendor may have, other than as expressly set out herein, or with the prior written consent of the Vendor.
(b) If there is any dispute between the User and the Vendor about or involving the Services or the Terms of Service, the User hereby acknowledges and agrees that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. The User hereby agrees to submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of the Terms of Service or the User’s access to or use of the Services, howsoever arising, provided always that the Vendor may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
(c) The Terms of Service and the Fee Schedule, Usage Plans and School Order From (all of which, as applicable, are incorporated herein by reference), constitute the whole legal agreement between the User and the Vendor and governs the User’s use of the Services (but excluding any services which the Vendor may provide to the User under a separate written agreement), and completely replaces and supersedes any prior agreements between the User and the Vendor in relation to the Services. Notwithstanding the foregoing, the Vendor and the User shall be entitled to enter into an additional superseding agreement which by its terms may expressly alter, amend or terminate the Terms of Service.
(d) If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Vendor’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
(e) Sections 3(b), 3(c), 5(a), 5(b), 5(d), 6(a), 6(b), 6(d), 7(a), 7(b), 7(c), 7(d), 9, 10, 11(b), 12, 13, 14, 15, 18(e) and such other provisions of the Terms of Service which by implication from its nature is intended to survive the termination or expiration of the Terms of Service, shall survive termination or expiration of the Terms of Service.
The User may direct any questions, complaints or claims with respect to the general functionality and operation of the Services to the Vendor at email@example.com.
These terms and the other policies posted on Riipen constitute the entire agreement between Riipen Networks Inc. and you, superseding any prior agreements. This agreement is governed by the laws of Canada. We both submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, Canada. This will not affect your statutory rights if you are a user and applicable laws require application of another law (such as the law of your country of residence) for certain topics. If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
Riipen Networks Inc.
#214 -1315 Esquimalt Rd
Victoria, BC Canada
Re: Riipen User
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to firstname.lastname@example.org.