These Terms of Service were last updated on August 31, 2016.
These Terms of Service, as modified from time to time, specify the terms and conditions for access to and use of the Service operated by Ribyt, LLC, a Delaware corporation, with a principal place of business at 7 West 18th Street, 6th Floor, New York, New York 10011 ("Us", "Provider," "Ribyt," "We," or "Our").
These Terms of Service are a legal agreement between you ("You," "Your" or "User") and Us. By clicking on the button labeled "submit", "download", "I accept", "I agree", "open", "save" or any other similar labeling as may be designated by Us, and/or by downloading, installing and/or using the software, You acknowledge, and unequivocally agree and undertake, without limitation, to be bound by, all of the terms and conditions contained herein, as amended from time to time, which are deemed to include all of such other additional or alternative terms, conditions, rules and policies which are displayed in, or to which You may be directed from, the software, as may be modified by Us from time to time. If you do not agree to any of the terms and conditions contained in these Terms of Service, do not use or continue to use the Service and do not download, install and/or use the Software.
1. The Service
The "Service" consists of the software and accompanying technology, known as "Ribyt" (the "Software"), for electronic invitations, RSVP, confirmations, guest data and travel management that allows guests access to attend live events ("Events") organized by clients of Ribyt ("Event Producers") who are authorized to promote and provide access to such Events.
2. Limited License to Use and Access
a) Except as otherwise set forth in any applicable License Agreement, Ribyt hereby grants You a non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for the purposes of browsing the Service, and searching for, viewing, RSVP'ing or registering for, and interacting with, an event that is registered on the Service, in each case (i) in compliance with these Terms of Service and (ii) to the extent permitted under all applicable laws and regulations. Notwithstanding the foregoing, You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service; (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Service; (v) engage in any activity that interferes with or disrupts the Service; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
b) You acknowledge and agree that access to the Service may be restricted for the following reasons, including, but not limited to: (i) equipment or network malfunctions; (ii) routine maintenance, repairs, or administrative reviews; or (iii) causes beyond the control of Ribyt or which are not reasonably foreseeable. We will make every attempt possible to limit disruptions of service and will work diligently to restore service should a disruption occur.
c) All rights, title and interest in and to the Service (and any derivative works thereto) and all underlying intellectual property rights thereto, are and at all times will be, the sole and exclusive property of Ribyt or its licensors, as the case may be. The Service may not be used for the benefit of any third parties not authorized herein or under an applicable License Agreement, including without limitation, in an outsourcing, timesharing, or ASP arrangement, or in the operation of a service bureau. Except as expressly set forth in these Terms of Service or an applicable License Agreement, You acquire no rights in or to the Service and you shall not use the Service other than as specifically set forth in Terms of Service or an applicable License Agreement.
d) You shall not (and shall not permit any other party to) copy, translate, decompile, reverse engineer, merge, adapt or modify the Service in any way, and no derivative work may be created therefrom. In addition, You shall not (and shall not permit any other party to) avoid, circumvent, or disable any security device, procedure, protocol, or mechanism that Ribyt may include, require or establish with respect to the Service.
e) You shall not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by Ribyt on or in the Service, and shall ensure that all such notices are reproduced on all copies of the Service (whether or not making of copies is otherwise permitted hereunder).
3. You Must be 13 Years or Older
The Service is intended for users 13 years of age or older. You acknowledge that the Service may allow access to information and Content which is sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that Ribyt is not responsible for access by You or any other users to objectionable or offensive content. Ribyt strongly recommends the use of commercially available content filtering or parental control software.
4. Registration and Accounts
(Not Applicable to Event Producers)
a) Whenyou complete our registration process you will create a password that will enable you to access the Service. You agree to maintain the confidentiality of Your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of Your password. You agree to immediately notify Us of any unauthorized use of Your password or any other breach of security. You agree that We cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
b) You are responsible for all use of the Service under and in relation to Your account, whether by You or anyone using Your account with or without Your permission, and to pay for all activity associated with Your account.
c) Any and all information provided by You during the registration process for the Service must be accurate, complete and current.
d) You shall be responsible for maintaining the confidentiality of any passwords and/or other account identifiers which You choose, or which are assigned, with relation to Your registration to the Service.
e) In order to provide You easy access to Your account for the Service, We may place a "cookie" on your personal computer or mobile device or use any similar technology that will enable Us and our third party service providers to recognize You as the account holder and provide You with direct access to Your account without requiring You to retype any password or other user identification.
f) We shall also store (securely) Your login credentials for the Service, to periodically perform automatic license and account validation.
h) You shall at all times exclusively be responsible for any and all acts and/or omissions that occur under Your account, including without limitation for unauthorized use of the Service, and You acknowledge that in no event shall Ribyt be liable in any way for any loss and/or damage incurred as a result of, or in connection with, any act and/or omission that occurs under Your subscription account. You must notify Us immediately if You become aware of unauthorized use of the Service under Your account.
i) Withrelation to the access granted to You to access the Service and any component thereof, and/or to Your use thereof, You shall not perform, whether directly or indirectly, any of the following:
i. Post, publish, transmit, link to, or otherwise distribute:
· Any information constituting, or encouraging conduct that would constitute, a criminal offense or civil liability;
· Any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
· Any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; or
· Any information, software or other material obtained through the Service, or any derivative work thereof, which is protected by copyright, or any other intellectual property right - without obtaining permission of the copyright owner or right holder;
ii. Use the Service in a manner which is contrary to law or which may restrict or inhibit any other user from using or enjoying the Service;
iii. Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of any other, including (without limitation) rights relating to privacy and/or publicity;
iv. Impersonate, or falsely represent Your association with, any person, including without limitation any representative of ribyt any Event Producer or third party service provider;
v. Use, reproduce, sell, resell or otherwise exploit the Service for any commercial purpose.
j) You must not use any feature of the Service for chain letters, junk mail, or "spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement that is (a) addressed to a recipient with whom You do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from You ("spam" or "spamming") is strictly prohibited. If You use any feature of the Service for the purpose of sending spam, We reserve the right to immediately terminate Your access to the Service and to seek appropriate legal recourse, as necessary. If You believe that other users are using the Service for Spam, please notify Us using the "Contact Us" form on the Service or by emailing Us HERE.
5. Payment, Refunds and Subscription Changes
a) Subscribers with paid subscriptions will provide Ribyt with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal applicable taxes which Subscribers agree to pay based on where the Subscriber is primarily domiciled. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
b) Subscribers with monthly paying subscriptions will be charged upon the expiration of any applicable free trial period. Subscriptions canceled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereafter be charged in advance each 30 days. Annual Subscribers will thereafter be charged annually in advance on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by Annual Subscribers.
c) No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber.
d) There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle.
e) The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
f) All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
g) Subscriber is responsible for paying all taxes associated with the subscription to the Service. If Ribyt has the legal obligation to pay or collect taxes for which Subscriber is responsible under this section, the appropriate amount shall be invoiced to and paid by Subscriber, unless Subscriber provides Ribyt with a valid tax exemption certificate authorized by the appropriate taxing authority.
h) Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Ribyt receives an amount equal to the sum it would have received had no such deduction or withholding been made.
6. Acceptable Use
The actions of individual events or users take can have a big impact on our abilities as a system. That's why all Ribyt users must follow this Acceptable Use Policy. If you violate this policy, we may suspend or terminate your account.
Please do not use Ribyt to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
· Pornography or other sexually explicit Emails
· Emails offering to sell illegal goods or services
· Emails that violate CAN-SPAM Laws
· Marketing or commercial email without permission
Some industries have higher-than-normal abuse complaints, which can in turn jeopardize the deliverability of our entire system. Nothing personal, but in order to maintain the highest delivery rates possible for all our customers, we can't allow businesses that offer these types of services, products, or content:
· Escort and dating services
· Pharmaceutical products
· Work from home, make money on online, and lead generation opportunities
· Online trading, day trading tips, or stock market-related content
· Gambling services or products
· Multi-level marketing
· Affiliate marketing
· Credit repair and get out of debt opportunities
· Nutritional, herbal, and vitamin supplements
· Adult novelty items or references
· List brokers or list rental services
If you send this sort of content, most email services providers won't be able to help you. You might want to look into setting up your own mail server.
We work hard to keep our system clean, but we count on our customers to pitch in too. You may not:
· Send Spam. By "spam," we mean the definition on the Spamhaus website. In short, spam is "unsolicited bulk email."
· Put into your Email any material that wasn't created by you, provided for you to use, or that would violate anyone's rights. That includes text, photos, graphics, and other content.
· Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
· Share your password.
· Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
· Use any of the software on our Website, or downloaded from the Website, to create a competing product.
· Set up multiple accounts for any person or entity in order to send similar content, unless you're part of a franchise.
· Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind.
· Use an outside unsubscribe process.
· Upload or send to purchased lists, rented lists, or third-party lists of any kind.
· Send content created in Ribyt through another service.
As email delivery is part of our services, we feel it's our responsibility to be extra vigilant about preventing spam-related abuse. It's also in our best interest to keep the system clean, because our reputation and deliverability depend on it. That's why you may only use Ribyt to send Emails to people and entities that either:
· Gave you written (including electronic) permission to send Emails to them, have not withdrawn that permission, and:
· gave you that permission in the past 12 months; or didn't object to promotional content you sent them in the past 12 months.
· Gave you their name and email address in connection with a purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails, and either:
· purchased something from you or negotiated a purchase from you in the past 12 months; or
· didn't object to promotional content you sent them in the past 12 months.
If you send Emails to a list and you get an unusual amount of SPAM complaints, ISPs will start blocking emails from your company. They'll also ask Ribyt to shut down your account ("ask" is putting it mildly). So if you don't have proof that every recipient on your list opted-in to receive your emails, or otherwise meets the requirements listed above, then don't import the email addresses into Ribyt.
Here are some steps you can take to avoid accidentally becoming a spammer or otherwise wreaking havoc on our system:
· Sending your first campaign to an old list? Some recipients won't remember you, and they'll report you for spamming. Remind them who you are and how they got on your list in the first place.
· Importing from a CRM? Break your list into separate segments or interest groups so you can send relevant content to your customers ("People I met at a trade show," "People who bought a certain product from us in the past"). Don't just mix a bunch of different lists together and send one "blast" to all of them. And while we're at it, don't call it a "blast."
· If you're sending on behalf of clients, educate them about responsible email marketing. They're depending on you to be the expert.
· Before importing a list into Ribyt from your CRM or another database, read and understand our permission rules. Remove any prospects or leads that didn't explicitly request email marketing from you or otherwise meet the requirements in our Terms. Even if you're sending email marketing to customers that consented to receive your Email, you're still required by law to allow them to opt out of your email marketing list (you may need to turn on that feature in your CRM tool).
Thanks for taking the time to read our Acceptable Use Policy. If you follow these guidelines, then you should have smooth sailing with your Ribyt account.
7. Fees Assessed by Event Producers; Payments to Event Producers
(Not Applicable to Event Producers)
Event Producers may require or request fees for attendance at Events. Individual Event fees are at the discretion of each Event Producer, who decides whether such fees are required, the amount, payment options, refund policies, and how such fees will be spent. In some cases, Ribyt will provide transactional processing services for Events and in other cases fees assessed by Event Producers are remitted to Event Producers directly. Nonetheless, transactions in all cases are controlled by the Event Producer. As a condition to using this Service, you acknowledge that Ribyt does not control the transaction. You further acknowledge that, to the extent that You use PayPal or another payment mechanism (e.g. check or cash) to pay fees assessed by an Event Producer, you bear all risk in connection with the transaction. Refunds of any payment you make to any Event Producer are subject to that Event Producer's policies and applicable law. If you believe any payment to an Event Producer is in error, you must contact the Event Producer to seek resolution. Your correspondence or business dealings with, or participation in promotions of events, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Event Producer. Ribyt will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Event Producer and You and Ribyt will not be responsible or liable in any way for chargebacks in connection with Your use of the Service.
8. Disclaimers and Release for Events and other Features
(Not Applicable to Event Producers)
a) Your participation in any public or private Event or other feature of the Service is at Your sole and exclusive risk. The host of any Event may refuse admittance, may charge an admission fee, or ask You to leave an Event at any time for any reason. By using the Service, You agree and understand that in connection with Your participation in any Event, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those Events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death (injuries and damages) from exposure to the hazards of public or private outings and activities. By using the Service, You acknowledge and agree that injuries and damages can occur by natural causes or by the acts of other persons or third parties, either as a result of negligence or because of other reasons. You are personally responsible for all costs and/or risks associated with any public or private Event. Notwithstanding anything to the contrary herein, to the fullest extent allowed by law, You agree to waive and discharge all claims, release us from all liability and indemnify and hold harmless Us, our subsidiaries, affiliates, officers, agents, and other partners and employees from any and all liability on account of, or in any way resulting from injuries and damages in any way connected with any Events. You acknowledge and agree and intend that this assumption of risk and release is binding upon You and Your heirs, executors, agents, administrators and assigns, and includes any minors accompanying You at the Events.
b) Because We do not supervise or control the events promoted by Event Producers or interactions among or between users of Our Service and other persons or companies, and because We are not involved in any way with the actions of any individuals at events, and because We do not control PayPal, credit card companies or other payment processing companies, You agree that You bear all risk and you agree to release Us (and Our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Our designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, our resolution of any disputes among users, and your transportation to or from, attendance at, or the actions of you and other persons at Events. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which You have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that You may lawfully waive all such rights and benefits.
9. Representations About Information You Submit Using the Service
If You are licensing the Service under an applicable License Agreement, You represent and warrant to Ribyt that:
a) You have or own all authority and rights, including rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including moral and similar rights ("Intellectual Property Rights"), necessary to authorize Ribyt to perform any Services on Your behalf under an applicable License Agreement, and including all necessary use and/or ownership rights to advertise, market and conduct all ticket transactional services for the Events;
b) You have or own all valid and necessary authority, including all necessary use and/or ownership rights, to contact, solicit, market to, seek to transact business with, and otherwise communicate with (whether solicited or unsolicited) all emails on any list used through the Service, and to authorize Ribyt to provide such services on your behalf;
c) You have complied and will continue to comply with all applicable federal, state, county and local laws, ordinances, regulations and codes, including but not limited to, all laws applicable to internet and marketing communications, acquisition and use of email lists and other personally identifiable information; and
d) With respect to any email or other contact information to be used through the Service:
· You have not received any opt-out or unsubscribe request within the last 12 months, and You have honored requests for unsubscribes within a 10-day window as required under the Federal "CAN-SPAM" law;
· You have no knowledge of, and has no reason of which to be aware, that any such information is invalid, misspelled, disabled or unauthorized; and
· To Your knowledge, no such emails have been acquired through means of email "harvesting" or otherwise through automatic creation through guessing techniques or using dictionaries to create addresses.
10. Intellectual Property
a) RibytContent. You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content") contained in or delivered via the Service ("Ribyt Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Ribyt may own the Ribyt Content or portions of Ribyt Content may be made available to Ribyt through arrangements with third parties. Except as expressly authorized by Ribyt in writing or in connection with Your use of the Service, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Ribyt Content, or post any Ribyt Content on any other website or in a networked computer environment for any purpose. You shall use the Ribyt Content only for purposes that are permitted by these Terms of Service and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
b) Ribyt does not review or pre-screen your content posted to the Service by Authorized Users (“Content”) and Ribyt claims no intellectual property rights with respect to Your Content. As between Ribyt and the Subscriber, Your Content uploaded or posted to the Service remains the property of the Subscriber. Upon Cancellation or Termination of Service as discussed in Section _ above, Ribyt shall only be responsible for the return of Your Content directly to the Administrator or a designated Authorized User in the event that the Administrator is unable to be reached.
c) Ribyt and any third party vendors and hosting partners it utilizes to provide the Service shall hold Your Content in strict confidence and shall not use or disclose Your Content except (a) as required to perform their obligations under this Agreement; as otherwise authorized by you in writing.
d) Upon cancellation or termination of a subscription, Your Content is made available to the Administrator or a designated Authorized User. Following a period of no less than ninety (90) days from the cancellation or termination of a subscription, all Your Content associated with such subscription will be irrevocably deleted from the Service.
e) Your Content. Except as otherwise set forth in any applicable License Agreement, You acknowledge and agree that if You contribute, provide or make available any Content to the Service ("Your Content"), You hereby grant to Ribyt a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, but only for the limited purpose of providing the Service on an uninterrupted basis, without compensation to you or any other provider of Your Content. You represent and warrant that You have all the rights, power and authority necessary to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations. Ribyt reserves the right to remove any of Your Content from the Service at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or for no reason.
f) Ribyt's Trademarks. Ribyt's trademark and service marks, and logos, products and service names, are trademarks of Ribyt ("Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Trademarks without Our prior written consent.
g) Limited License Applicable to Event Producers Only. Ribyt retains a license to use any materials produced by Ribyt for the purpose of an Event for award entries, business development activities and other marketing activities, subject to the obligations of confidentiality set forth in this Agreement.
11. Disclaimer of Warranties
You expressly agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Ribyt expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement as to the operation of the Service, or the information, content, materials, or products included in the Service. We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free. We make no warranty as to the results that may be obtained from your use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You acknowledge that We do not control content, information, products or services offered by advertisers, third parties (including Event Producers) or other users on or through the Service, including, but not limited to, information, products, or services provided by license to us from third parties or materials provided by other Users. We assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, usefulness or decency of the Service, or content or products distributed or made available by third parties (including Event Producers, advertisers and users) through the Service. You will be solely responsible for any damage to your computer system or loss of data that results from your attempt to download any material from the Service. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, therefore some of the above exclusions may not apply to you.
12. Limitation of Liability
You expressly agree that Ribyt shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, even if Ribyt has been advised of the possibility of such damages, resulting from the (i) use or the inability to use the Service; (ii) any goods or services purchased or obtained or content received or transactions entered into with Ribyt or a third party (including any Event Producer) through the use of the Service; (iii) inaccuracy of any information obtained from use of the Service or reliance on such information; or (iv) unauthorized access to Your account or alteration of Your account or data. You specifically agree that Ribyt is not responsible or liable to You or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the Service, or for any infringement or violation of Your rights by any other party, including, but not limited to, intellectual property rights, rights of publicity or rights of privacy. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to You.
You agree to indemnify, defend and hold harmless Ribyt, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from any and all third party claims, liability, damages, costs or demands, including, but not limited to, attorneys' fees, arising from (i) Your use of the Service, including, but not limited to, all content therein and any products or services obtained by you through the Service, (ii) violation of these Terms of Service by You (including, without limitation, , (iii) the infringement by You (or other user of the Service using Your account) of any intellectual property or other right of any person or entity; (iv) Your combination, operation or use of the Service with technology or other materials not supplied by Ribyt for such purpose; (v) Your alteration or modification of the Service; (vi) any matter described in this Section 11, or (vii) Your violation of any applicable law or regulation.
14. Digital Millennium Copyright Act (DMCA) and Copyright Notices
We respect the intellectual property of others, and we ask Our users to do the same. We may, in appropriate circumstances, and at Our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If You believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Copyright Agent with the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that You claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Service;
d) Your address, telephone number and email address;
e) A statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f) A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Please contact Our Copyright Agent for Notice of claims of copyright infringement at:
Registered Copyright Agent
7 West 18th Street
New York, NY 10011
15. No Export of Software
You acknowledge that the laws and regulations of the US restrict the export and re-export of certain software. Accordingly, You shall not export, directly or indirectly, all or part of the Service, or any product or other materials derived therefrom, to any country without the appropriate US and/or foreign government licenses. You shall not export (including, without limitation, via the Internet) the Service to any country subject to US embargo.
16. No Assignment or Delegation
No rights, obligations, or duties under these Terms of Service shall be assigned or delegated by You. Any such attempted assignment or delegation shall be void and of no effect. Ribyt may assign rights, obligations and/or duties under these Terms of Service without your consent.
No waiver of any term, provision or condition of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
18. Modification and Amendment
We have the right, at any time and without notice, to add to or modify these Terms of Service, by delivering such amended terms to You by e-mail at the address provided to Us by You. Your access to or use of the Service after the date such amended terms are delivered to You shall be deemed to constitute acceptance of such amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
19. Force Majeure
If the performance of any part of these Terms of Service by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused without liability to the extent that it is prevented, hindered, or delayed by such causes.
If any one or more of the provisions contained in these Terms of Service shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions of these Terms of Service, which shall be enforceable to the fullest extent permitted by law.
21. Governing Law and Forum
These Terms of Service shall be governed by the laws of the State of California, excluding its conflicts-of-law provisions. You acknowledge and agree that all actions, claims, or disputes arising under or relating to these Terms of Service shall be brought in the federal or state courts of New York. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in New York, New York. You hereby irrevocably waive any and all objections which You may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in New York, New York and to the venue of any such suit, action, or proceeding brought in any federal or state court in New York, New York.
Except as provided herein, all notices relating to the Service, Your use thereof or these Terms of Service, sent by either party, shall deemed to be delivered when sent via e-mail to the other party's last known e-mail address. If You terminate these Terms of Service as permitted pursuant to these Terms of Service, Your e-mail shall be deemed to be delivered when We send You a confirmatory response regarding said termination.
The respective rights and obligations of the parties under Sections 5-10, 17-20 and as otherwise provided in these Terms of Service, shall survive any termination or expiration of these Terms of Service.
Except as otherwise expressly provided herein, these Terms of Service shall inure to the benefit of and be binding upon both parties, their heirs, executors, administrators, and legal representatives.
25. Further Assurances
You agree to execute and deliver any additional documents and instruments and perform any additional acts, in a reasonable period of time, which may be appropriate or necessary to perform and effectuate the provisions of these Terms of Service.
26. Headings and Order
The headings and sequential order of the sections contained in these Terms of Service are for convenience or reference only and shall have no substantive or procedural effects in convenience or reference only and shall have no substantive or procedural effects in construing the provisions of these Terms of Service.